Ark. Code Ann. § 20-10-1803 — AR Code / Title 20 / Chapter 10 / Subchapter 18 / Section 20-10-1803
Requirements
Status: in_force

(a) (1) Each nursing facility or nursing home shall submit for approval to the Department of Human Services plans prepared by a licensed architect, engineer, electrician, or individual deemed qualified by the manufacturer of the generator for the installation of an emergency generator sufficient to provide: (A) (i) For existing facilities, power to critical systems for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies. (ii) However, nursing facilities are not required to provide heating or cooling to areas not designated and approved as areas of refuge; and (B) (i) For facilities constructed after April 13, 2001, power to all systems in the entire nursing facility that require electric power for operation for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies. (ii) Facilities constructed after April 13, 2001, are not required to provide power to air conditioning systems to residents' rooms. (iii) Facilities constructed after April 13, 2001, are required to provide power to air conditioning systems for areas of refuge. (2) Each facility shall either: (A) Have the emergency generator installed and functioning; or (B) (i) Have appropriate access for an emergency generator to be installed and functioning and have signed a lease agreement ensuring that the facility will have an approved emergency generator installed and functioning within eight (8) hours of an emergency electrical outage. (ii) However, facilities shall provide emergency power to life-sustaining equipment and life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies. (3) If the department determines that a plan does not meet the requirements of this subchapter: (A) The department shall notify the facility in writing that the plan is unacceptable and shall state the specific deficiencies in the plan; and (B) (i) The facility shall submit a revised plan to the department within sixty (60) days of the date of the written notice. (ii) The revised plan shall correct the deficiencies listed in the written notice to the department. (4) (A) If a facility does not agree with the determination by the department that a plan is unacceptable, the facility may appeal the determination pursuant to § 20-10-303 [repealed]. (B) However, the filing of an appeal shall not stay the requirements under subdivision (a)(2) of this section. (b) (1) At least one (1) time a year, the facility shall have the system tested by a licensed engineer or other individual deemed qualified by the manufacturer of the generator to ensure that the system will operate as required in the event of loss of normal power. (2) The facility shall retain a copy of the statement of the qualified professional attesting to the fitness of the system until the next licensure survey by the department. (c) (1) The facility shall start the emergency generator at least one (1) time each month and shall ensure that the generator remains in proper operating condition. (2) The facility shall perform all recommended and required maintenance and tests on the emergency system as specified by the manufacturer of the system or as recommended by the person or entity performing the installation. (3) Until the next licensure survey by the department, the facility shall record and maintain a log of all maintenance performed by the facility and of each monthly start-up and the operating condition of the generator at each monthly start-up. (d) Unless otherwise specified in this subchapter, the installation and maintenance of the generator shall meet the requirements specified in National Fire Protection Association publications. Amended by Act 2021, No. 1017,§ 16, eff. 7/28/2021. Acts 2001, No. 1602, § 1.

(a) (1) Each nursing facility or nursing home shall submit for approval to the Department of Human Services plans prepared by a licensed architect, engineer, electrician, or individual deemed qualified by the manufacturer of the generator for the installation of an emergency generator sufficient to provide: (A) (i) For existing facilities, power to critical systems for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies. (ii) However, nursing facilities are not required to provide heating or cooling to areas not designated and approved as areas of refuge; and (B) (i) For facilities constructed after April 13, 2001, power to all systems in the entire nursing facility that require electric power for operation for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies. (ii) Facilities constructed after April 13, 2001, are not required to provide power to air conditioning systems to residents' rooms. (iii) Facilities constructed after April 13, 2001, are required to provide power to air conditioning systems for areas of refuge. (2) Each facility shall either: (A) Have the emergency generator installed and functioning; or (B) (i) Have appropriate access for an emergency generator to be installed and functioning and have signed a lease agreement ensuring that the facility will have an approved emergency generator installed and functioning within eight (8) hours of an emergency electrical outage. (ii) However, facilities shall provide emergency power to life-sustaining equipment and life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies. (3) If the department determines that a plan does not meet the requirements of this subchapter: (A) The department shall notify the facility in writing that the plan is unacceptable and shall state the specific deficiencies in the plan; and (B) (i) The facility shall submit a revised plan to the department within sixty (60) days of the date of the written notice. (ii) The revised plan shall correct the deficiencies listed in the written notice to the department. (4) (A) If a facility does not agree with the determination by the department that a plan is unacceptable, the facility may appeal the determination pursuant to § 20-10-303 [repealed]. (B) However, the filing of an appeal shall not stay the requirements under subdivision (a)(2) of this section.

(1) Each nursing facility or nursing home shall submit for approval to the Department of Human Services plans prepared by a licensed architect, engineer, electrician, or individual deemed qualified by the manufacturer of the generator for the installation of an emergency generator sufficient to provide: (A) (i) For existing facilities, power to critical systems for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies. (ii) However, nursing facilities are not required to provide heating or cooling to areas not designated and approved as areas of refuge; and (B) (i) For facilities constructed after April 13, 2001, power to all systems in the entire nursing facility that require electric power for operation for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies. (ii) Facilities constructed after April 13, 2001, are not required to provide power to air conditioning systems to residents' rooms. (iii) Facilities constructed after April 13, 2001, are required to provide power to air conditioning systems for areas of refuge.

(A) (i) For existing facilities, power to critical systems for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies. (ii) However, nursing facilities are not required to provide heating or cooling to areas not designated and approved as areas of refuge; and

(i) For existing facilities, power to critical systems for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies.

(ii) However, nursing facilities are not required to provide heating or cooling to areas not designated and approved as areas of refuge; and

(B) (i) For facilities constructed after April 13, 2001, power to all systems in the entire nursing facility that require electric power for operation for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies. (ii) Facilities constructed after April 13, 2001, are not required to provide power to air conditioning systems to residents' rooms. (iii) Facilities constructed after April 13, 2001, are required to provide power to air conditioning systems for areas of refuge.

(i) For facilities constructed after April 13, 2001, power to all systems in the entire nursing facility that require electric power for operation for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies.

(ii) Facilities constructed after April 13, 2001, are not required to provide power to air conditioning systems to residents' rooms.

(iii) Facilities constructed after April 13, 2001, are required to provide power to air conditioning systems for areas of refuge.

(2) Each facility shall either: (A) Have the emergency generator installed and functioning; or (B) (i) Have appropriate access for an emergency generator to be installed and functioning and have signed a lease agreement ensuring that the facility will have an approved emergency generator installed and functioning within eight (8) hours of an emergency electrical outage. (ii) However, facilities shall provide emergency power to life-sustaining equipment and life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies.

(A) Have the emergency generator installed and functioning; or

(B) (i) Have appropriate access for an emergency generator to be installed and functioning and have signed a lease agreement ensuring that the facility will have an approved emergency generator installed and functioning within eight (8) hours of an emergency electrical outage. (ii) However, facilities shall provide emergency power to life-sustaining equipment and life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies.

(i) Have appropriate access for an emergency generator to be installed and functioning and have signed a lease agreement ensuring that the facility will have an approved emergency generator installed and functioning within eight (8) hours of an emergency electrical outage.

(ii) However, facilities shall provide emergency power to life-sustaining equipment and life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies.

(3) If the department determines that a plan does not meet the requirements of this subchapter: (A) The department shall notify the facility in writing that the plan is unacceptable and shall state the specific deficiencies in the plan; and (B) (i) The facility shall submit a revised plan to the department within sixty (60) days of the date of the written notice. (ii) The revised plan shall correct the deficiencies listed in the written notice to the department.

(A) The department shall notify the facility in writing that the plan is unacceptable and shall state the specific deficiencies in the plan; and

(B) (i) The facility shall submit a revised plan to the department within sixty (60) days of the date of the written notice. (ii) The revised plan shall correct the deficiencies listed in the written notice to the department.

(i) The facility shall submit a revised plan to the department within sixty (60) days of the date of the written notice.

(ii) The revised plan shall correct the deficiencies listed in the written notice to the department.

(4) (A) If a facility does not agree with the determination by the department that a plan is unacceptable, the facility may appeal the determination pursuant to § 20-10-303 [repealed]. (B) However, the filing of an appeal shall not stay the requirements under subdivision (a)(2) of this section.

(A) If a facility does not agree with the determination by the department that a plan is unacceptable, the facility may appeal the determination pursuant to § 20-10-303 [repealed].

(B) However, the filing of an appeal shall not stay the requirements under subdivision (a)(2) of this section.

(b) (1) At least one (1) time a year, the facility shall have the system tested by a licensed engineer or other individual deemed qualified by the manufacturer of the generator to ensure that the system will operate as required in the event of loss of normal power. (2) The facility shall retain a copy of the statement of the qualified professional attesting to the fitness of the system until the next licensure survey by the department.

(1) At least one (1) time a year, the facility shall have the system tested by a licensed engineer or other individual deemed qualified by the manufacturer of the generator to ensure that the system will operate as required in the event of loss of normal power.

(2) The facility shall retain a copy of the statement of the qualified professional attesting to the fitness of the system until the next licensure survey by the department.

(c) (1) The facility shall start the emergency generator at least one (1) time each month and shall ensure that the generator remains in proper operating condition. (2) The facility shall perform all recommended and required maintenance and tests on the emergency system as specified by the manufacturer of the system or as recommended by the person or entity performing the installation. (3) Until the next licensure survey by the department, the facility shall record and maintain a log of all maintenance performed by the facility and of each monthly start-up and the operating condition of the generator at each monthly start-up.

(1) The facility shall start the emergency generator at least one (1) time each month and shall ensure that the generator remains in proper operating condition.

(2) The facility shall perform all recommended and required maintenance and tests on the emergency system as specified by the manufacturer of the system or as recommended by the person or entity performing the installation.

(3) Until the next licensure survey by the department, the facility shall record and maintain a log of all maintenance performed by the facility and of each monthly start-up and the operating condition of the generator at each monthly start-up.

(d) Unless otherwise specified in this subchapter, the installation and maintenance of the generator shall meet the requirements specified in National Fire Protection Association publications.

Amended by Act 2021, No. 1017,§ 16, eff. 7/28/2021.

Acts 2001, No. 1602, § 1.
Ark. Code Ann. § 20-16-1711 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1711
Construction
Status: in_force

(a) This subchapter does not create or recognize a right to abortion. (b) This subchapter is not intended to make lawful an abortion that is currently unlawful. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

(a) This subchapter does not create or recognize a right to abortion.

(b) This subchapter is not intended to make lawful an abortion that is currently unlawful.

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-32-109 — AR Code / Title 20 / Chapter 32 / Section 20-32-109
Location requirements
Status: in_force

No applications shall be accepted nor shall permits be issued pursuant to § 20-32-108 by the Department of Health for the construction or operation of a facility in which any of the following factors is present: (1) The location of the facility is within a "regulatory floodway", as adopted by communities participating in the national flood program managed by the Federal Emergency Management Agency; (2) The location of the facility overlies any portion of a significant surface or subsurface sand and gravel aquifer for its primary recharge zone or a high-yield bedrock aquifer; (3) The location of the facility could pose a threat to fisheries, wildlife, or other natural resources; or (4) The location of the facility does not comply with zoning regulations of the locality in which the facility is proposed. Acts 1993, No. 491, § 5; 1993, No. 861, § 5.

No applications shall be accepted nor shall permits be issued pursuant to § 20-32-108 by the Department of Health for the construction or operation of a facility in which any of the following factors is present:

(1) The location of the facility is within a "regulatory floodway", as adopted by communities participating in the national flood program managed by the Federal Emergency Management Agency;

(2) The location of the facility overlies any portion of a significant surface or subsurface sand and gravel aquifer for its primary recharge zone or a high-yield bedrock aquifer;

(3) The location of the facility could pose a threat to fisheries, wildlife, or other natural resources; or

(4) The location of the facility does not comply with zoning regulations of the locality in which the facility is proposed.

Acts 1993, No. 491, § 5; 1993, No. 861, § 5.
Ark. Code Ann. § 20-7-112 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-112
Inspections
Status: in_force

(a) It is made the duty of all officers and agents who have the control, charge, or custody of any public structure, work, grounds, or erection, or of any plan, description, outlines, drawings, or charts thereof or relating thereto, made, kept, or controlled under any public authority, to permit and facilitate the examination and inspection and the making of copies of these items by any officer or person authorized by the State Board of Health. (b) The members of the board and such other officers or persons as may at any time be authorized by the board, without fee or hindrance, to enter, examine, and survey all grounds, erections, vehicles, structures, apartments, buildings, and plans when the public health may be promoted or in any way preserved. Acts 1881, No. 85, § 10, p. 177; C. & M. Dig., § 5132; Pope's Dig., § 6403; A.S.A. 1947, § 82-114.

(a) It is made the duty of all officers and agents who have the control, charge, or custody of any public structure, work, grounds, or erection, or of any plan, description, outlines, drawings, or charts thereof or relating thereto, made, kept, or controlled under any public authority, to permit and facilitate the examination and inspection and the making of copies of these items by any officer or person authorized by the State Board of Health.

(b) The members of the board and such other officers or persons as may at any time be authorized by the board, without fee or hindrance, to enter, examine, and survey all grounds, erections, vehicles, structures, apartments, buildings, and plans when the public health may be promoted or in any way preserved.

Acts 1881, No. 85, § 10, p. 177; C. & M. Dig., § 5132; Pope's Dig., § 6403; A.S.A. 1947, § 82-114.
Ark. Code Ann. § 20-78-220 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-220
Persons or facilities abusing juveniles in their custody
Status: in_force

(a) If a juvenile is found to be abused or neglected due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, or supervision of juveniles of whom the person or facility is not the parent or guardian. (b) If the person or facility restrained or enjoined was not subject to this subchapter, the court may order the person or facility to obtain a license from the Division of Child Care and Early Childhood Education of the Department of Human Services as a condition precedent to the person or facility providing care, training, education, or supervision of any juveniles of which the person or facility is not the parent or guardian. If the court so orders, this subchapter shall thereafter apply to the persons or facility subject to the court order. (c) (1) Information pertaining to child maltreatment is confidential under the Child Maltreatment Act, § 12-18-101 et seq. (2) The division may receive information from any investigative agency on child maltreatment cases conducted within a childcare facility and relative to licensure under this subchapter, including specific allegations, a factual description of the investigative findings, and the investigative determination. (3) The division shall accept the investigative determinations of the appropriate investigative agencies for consideration in any action on childcare facility licenses. Acts 1987, No. 745, § 1; 1995, No. 1280, § 16; 1997, No. 1132, § 19; 2009, No. 758, § 28.

(a) If a juvenile is found to be abused or neglected due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, or supervision of juveniles of whom the person or facility is not the parent or guardian.

(b) If the person or facility restrained or enjoined was not subject to this subchapter, the court may order the person or facility to obtain a license from the Division of Child Care and Early Childhood Education of the Department of Human Services as a condition precedent to the person or facility providing care, training, education, or supervision of any juveniles of which the person or facility is not the parent or guardian. If the court so orders, this subchapter shall thereafter apply to the persons or facility subject to the court order.

(c) (1) Information pertaining to child maltreatment is confidential under the Child Maltreatment Act, § 12-18-101 et seq. (2) The division may receive information from any investigative agency on child maltreatment cases conducted within a childcare facility and relative to licensure under this subchapter, including specific allegations, a factual description of the investigative findings, and the investigative determination. (3) The division shall accept the investigative determinations of the appropriate investigative agencies for consideration in any action on childcare facility licenses.

(1) Information pertaining to child maltreatment is confidential under the Child Maltreatment Act, § 12-18-101 et seq.

(2) The division may receive information from any investigative agency on child maltreatment cases conducted within a childcare facility and relative to licensure under this subchapter, including specific allegations, a factual description of the investigative findings, and the investigative determination.

(3) The division shall accept the investigative determinations of the appropriate investigative agencies for consideration in any action on childcare facility licenses.

Acts 1987, No. 745, § 1; 1995, No. 1280, § 16; 1997, No. 1132, § 19; 2009, No. 758, § 28.
Ark. Code Ann. § 20-46-501 — AR Code / Title 20 / Chapter 46 / Subchapter 5 / Section 20-46-501
Purpose
Status: in_force

The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide intensive residential treatment for adults with long-term severe mental illness within specialized mental health residential settings. Amended by Act 2017, No. 913,§ 68, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013. Acts 1987, No. 648, § 1.

The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide intensive residential treatment for adults with long-term severe mental illness within specialized mental health residential settings.

Amended by Act 2017, No. 913,§ 68, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.

Acts 1987, No. 648, § 1.
Ark. Code Ann. § 20-8-808 — AR Code / Title 20 / Chapter 8 / Subchapter 8 / Section 20-8-808
Malpractice litigation costs
Status: in_force

A governmental contractor is responsible for costs and attorney's fees for malpractice litigation arising out of healthcare services delivered under a contract brought to the Arkansas State Claims Commission. Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.

A governmental contractor is responsible for costs and attorney's fees for malpractice litigation arising out of healthcare services delivered under a contract brought to the Arkansas State Claims Commission.

Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-7-122 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-122
Reports for general distribution
Status: in_force

The State Board of Health may publish for general distribution such reports and other matter as it may deem useful in promoting the interest of the public health of this state. Acts 1913, No. 96, § 23; C. & M. Dig., § 5138; Pope's Dig., § 6409; A.S.A. 1947, § 82-119.

The State Board of Health may publish for general distribution such reports and other matter as it may deem useful in promoting the interest of the public health of this state.

Acts 1913, No. 96, § 23; C. & M. Dig., § 5138; Pope's Dig., § 6409; A.S.A. 1947, § 82-119.
Ark. Code Ann. § 20-9-1001 — AR Code / Title 20 / Chapter 9 / Subchapter 10 / Section 20-9-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Acute Stroke Care Act of 2005". Acts 2005, No. 663, § 1.

This subchapter shall be known and may be cited as the "Acute Stroke Care Act of 2005".

Acts 2005, No. 663, § 1.
Ark. Code Ann. § 20-45-201 — AR Code / Title 20 / Chapter 45 / Subchapter 2 / Section 20-45-201
Definitions
Status: in_force

As used in this subchapter: (1) "Licensed certified social worker" means a licensed certified social worker licensed by the Arkansas Social Work Licensing Board under § 17-103-306(c) who provides mental health services; (2) "Licensed marriage and family therapist" means a licensed marriage and family therapist licensed by the Arkansas Board of Examiners in Counseling under § 17-27-303 or § 17-27-304 who provides mental health services; (3) "Licensed professional counselor" means a licensed professional counselor licensed by the Arkansas Board of Examiners in Counseling under § 17-27-301 who provides mental health services; (4) "Mental health services provider" means a licensed certified social worker, licensed marriage and family therapist, licensed professional counselor, physician, psychologist, or registered nurse who provides mental health services; (5) "Patient" means an individual with whom a mental health services provider has established a patient-care provider relationship; (6) "Physician" means a physician licensed by the Arkansas State Medical Board who provides mental health services; (7) "Psychologist" means a psychologist licensed by the Arkansas Psychology Board who provides mental health services; and (8) (A) "Registered nurse" means a registered nurse licensed by the Arkansas State Board of Nursing who provides mental health services. (B) "Registered nurse" includes an advanced practice nurse. Added by Act 2013, No. 1212,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Licensed certified social worker" means a licensed certified social worker licensed by the Arkansas Social Work Licensing Board under § 17-103-306(c) who provides mental health services;

(2) "Licensed marriage and family therapist" means a licensed marriage and family therapist licensed by the Arkansas Board of Examiners in Counseling under § 17-27-303 or § 17-27-304 who provides mental health services;

(3) "Licensed professional counselor" means a licensed professional counselor licensed by the Arkansas Board of Examiners in Counseling under § 17-27-301 who provides mental health services;

(4) "Mental health services provider" means a licensed certified social worker, licensed marriage and family therapist, licensed professional counselor, physician, psychologist, or registered nurse who provides mental health services;

(5) "Patient" means an individual with whom a mental health services provider has established a patient-care provider relationship;

(6) "Physician" means a physician licensed by the Arkansas State Medical Board who provides mental health services;

(7) "Psychologist" means a psychologist licensed by the Arkansas Psychology Board who provides mental health services; and

(8) (A) "Registered nurse" means a registered nurse licensed by the Arkansas State Board of Nursing who provides mental health services. (B) "Registered nurse" includes an advanced practice nurse.

(A) "Registered nurse" means a registered nurse licensed by the Arkansas State Board of Nursing who provides mental health services.

(B) "Registered nurse" includes an advanced practice nurse.

Added by Act 2013, No. 1212,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-16-2208 — AR Code / Title 20 / Chapter 16 / Subchapter 22 / Section 20-16-2208
Right of intervention
Status: in_force

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this subchapter is challenged. Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this subchapter is challenged.

Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 20-77-2203 — AR Code / Title 20 / Chapter 77 / Subchapter 22 / Section 20-77-2203
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 66, eff. 7/1/2023. Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023. Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.

Repealed by Act 2023, No. 365,§ 66, eff. 7/1/2023.

Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.

Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-48-411 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-411
Charges
Status: in_force

(a) (1) In the case of each petition for admission, the Board of Developmental Disabilities Services shall investigate and determine whether the individual or his or her parents or guardian can pay for the maintenance, training, education, or care of the individual. (2) The board is authorized to establish a system of charges to be based upon the ability of the individual or his or her parents or guardian to pay for maintenance, training, education, or care and to impose the charges. (3) However, if the board determines that the individual or his or her parents or guardian is unable to pay for all or part of the maintenance, training, education, or care of the individual, the board may provide all or part without charge. (4) The board may vary the schedule of charges from time to time as circumstances warrant. (b) (1) If any individual or his or her parents or guardian shall fail or refuse to pay the charges so assessed by the board, the board shall have and is granted the authority to institute appropriate legal proceedings in a court of competent jurisdiction for the collection of the charges. (2) The board is authorized to retain the services of legal counsel and pay a reasonable fee for any services furnished the board. (c) All fees provided for by subsections (a) and (b) of this section for the benefit of the human development centers shall be deposited into the State Treasury as special revenues and shall be credited to the Developmental Disabilities Services Fund Account. (d) Subsections (a) and (b) of this section shall be liberally construed. The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Acts 1955, No. 6, § 11; 1957, No. 349, § 4; 1959, No. 352, § 1; 1963, No. 186, §§ 6, 11; A.S.A. 1947, §§ 59-1111, 59-1112, 59-1126.

(a) (1) In the case of each petition for admission, the Board of Developmental Disabilities Services shall investigate and determine whether the individual or his or her parents or guardian can pay for the maintenance, training, education, or care of the individual. (2) The board is authorized to establish a system of charges to be based upon the ability of the individual or his or her parents or guardian to pay for maintenance, training, education, or care and to impose the charges. (3) However, if the board determines that the individual or his or her parents or guardian is unable to pay for all or part of the maintenance, training, education, or care of the individual, the board may provide all or part without charge. (4) The board may vary the schedule of charges from time to time as circumstances warrant.

(1) In the case of each petition for admission, the Board of Developmental Disabilities Services shall investigate and determine whether the individual or his or her parents or guardian can pay for the maintenance, training, education, or care of the individual.

(2) The board is authorized to establish a system of charges to be based upon the ability of the individual or his or her parents or guardian to pay for maintenance, training, education, or care and to impose the charges.

(3) However, if the board determines that the individual or his or her parents or guardian is unable to pay for all or part of the maintenance, training, education, or care of the individual, the board may provide all or part without charge.

(4) The board may vary the schedule of charges from time to time as circumstances warrant.

(b) (1) If any individual or his or her parents or guardian shall fail or refuse to pay the charges so assessed by the board, the board shall have and is granted the authority to institute appropriate legal proceedings in a court of competent jurisdiction for the collection of the charges. (2) The board is authorized to retain the services of legal counsel and pay a reasonable fee for any services furnished the board.

(1) If any individual or his or her parents or guardian shall fail or refuse to pay the charges so assessed by the board, the board shall have and is granted the authority to institute appropriate legal proceedings in a court of competent jurisdiction for the collection of the charges.

(2) The board is authorized to retain the services of legal counsel and pay a reasonable fee for any services furnished the board.

(c) All fees provided for by subsections (a) and (b) of this section for the benefit of the human development centers shall be deposited into the State Treasury as special revenues and shall be credited to the Developmental Disabilities Services Fund Account.

(d) Subsections (a) and (b) of this section shall be liberally construed. The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

Acts 1955, No. 6, § 11; 1957, No. 349, § 4; 1959, No. 352, § 1; 1963, No. 186, §§ 6, 11; A.S.A. 1947, §§ 59-1111, 59-1112, 59-1126.
Ark. Code Ann. § 20-78-229 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-229
Compliance with local regulations - Childcare family homes - Exceptions - Definitions
Status: in_force

(a) As used in this section: (1) "Childcare family home" means a childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment; and (2) "Local governing authority" means the governing body of the municipality or county where a childcare facility is located. (b) (1) The Division of Child Care and Early Childhood Education shall require any childcare facility seeking licensure under this subchapter to comply with applicable zoning and land use development regulations of the municipality and county where the childcare facility is located. (2) Failure to comply with applicable zoning and land use regulations is grounds for the denial of a license of a childcare facility. (c) (1) A local governing authority shall treat a childcare family home as residential property use in the application of local regulations, including without limitation: (A) Zoning; (B) Land use development; (C) Fire and life safety; (D) Sanitation; and (E) Building codes. (2) Residential property use for zoning purposes includes without limitation single-family residential zoning. (d) (1) For a childcare family home, a local governing authority shall not impose: (A) Any additional regulations that do not also apply to other residential properties; or (B) Stricter requirements than those in the Arkansas Fire Prevention Code. (2) However, this section does not restrict a local governing authority from, on a case-by-case basis, managing the flow of traffic and parking related to adjacent childcare family homes. (e) (1) The Division of Child Care and Early Childhood Education may promulgate rules related to adequate fire protection and prevention in a childcare family home. (2) As part of developing any proposed rules in accordance with subdivision (e)(1) of this section, the Division of Child Care and Early Childhood Education shall seek the advice and assistance of: (A) The Department of Health; (B) The Boiler Inspection Division; and (C) Councils and associations representing: (i) Fire marshals; and (ii) Building code officials. Added by Act 2023, No. 60,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) "Childcare family home" means a childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment; and (2) "Local governing authority" means the governing body of the municipality or county where a childcare facility is located.

(1) "Childcare family home" means a childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment; and

(2) "Local governing authority" means the governing body of the municipality or county where a childcare facility is located.

(b) (1) The Division of Child Care and Early Childhood Education shall require any childcare facility seeking licensure under this subchapter to comply with applicable zoning and land use development regulations of the municipality and county where the childcare facility is located. (2) Failure to comply with applicable zoning and land use regulations is grounds for the denial of a license of a childcare facility.

(1) The Division of Child Care and Early Childhood Education shall require any childcare facility seeking licensure under this subchapter to comply with applicable zoning and land use development regulations of the municipality and county where the childcare facility is located.

(2) Failure to comply with applicable zoning and land use regulations is grounds for the denial of a license of a childcare facility.

(c) (1) A local governing authority shall treat a childcare family home as residential property use in the application of local regulations, including without limitation: (A) Zoning; (B) Land use development; (C) Fire and life safety; (D) Sanitation; and (E) Building codes. (2) Residential property use for zoning purposes includes without limitation single-family residential zoning.

(1) A local governing authority shall treat a childcare family home as residential property use in the application of local regulations, including without limitation: (A) Zoning; (B) Land use development; (C) Fire and life safety; (D) Sanitation; and (E) Building codes.

(A) Zoning;

(B) Land use development;

(C) Fire and life safety;

(D) Sanitation; and

(E) Building codes.

(2) Residential property use for zoning purposes includes without limitation single-family residential zoning.

(d) (1) For a childcare family home, a local governing authority shall not impose: (A) Any additional regulations that do not also apply to other residential properties; or (B) Stricter requirements than those in the Arkansas Fire Prevention Code. (2) However, this section does not restrict a local governing authority from, on a case-by-case basis, managing the flow of traffic and parking related to adjacent childcare family homes.

(1) For a childcare family home, a local governing authority shall not impose: (A) Any additional regulations that do not also apply to other residential properties; or (B) Stricter requirements than those in the Arkansas Fire Prevention Code.

(A) Any additional regulations that do not also apply to other residential properties; or

(B) Stricter requirements than those in the Arkansas Fire Prevention Code.

(2) However, this section does not restrict a local governing authority from, on a case-by-case basis, managing the flow of traffic and parking related to adjacent childcare family homes.

(e) (1) The Division of Child Care and Early Childhood Education may promulgate rules related to adequate fire protection and prevention in a childcare family home. (2) As part of developing any proposed rules in accordance with subdivision (e)(1) of this section, the Division of Child Care and Early Childhood Education shall seek the advice and assistance of: (A) The Department of Health; (B) The Boiler Inspection Division; and (C) Councils and associations representing: (i) Fire marshals; and (ii) Building code officials.

(1) The Division of Child Care and Early Childhood Education may promulgate rules related to adequate fire protection and prevention in a childcare family home.

(2) As part of developing any proposed rules in accordance with subdivision (e)(1) of this section, the Division of Child Care and Early Childhood Education shall seek the advice and assistance of: (A) The Department of Health; (B) The Boiler Inspection Division; and (C) Councils and associations representing: (i) Fire marshals; and (ii) Building code officials.

(A) The Department of Health;

(B) The Boiler Inspection Division; and

(C) Councils and associations representing: (i) Fire marshals; and (ii) Building code officials.

(i) Fire marshals; and

(ii) Building code officials.

Added by Act 2023, No. 60,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-77-1402 — AR Code / Title 20 / Chapter 77 / Subchapter 14 / Section 20-77-1402
Purpose
Status: in_force

The purpose and intent of this subchapter is to authorize a Medicaid waiver to provide affordable prescription drugs for eligible persons sixty-five (65) years of age and over. Acts 2001, No. 1658, § 1.

The purpose and intent of this subchapter is to authorize a Medicaid waiver to provide affordable prescription drugs for eligible persons sixty-five (65) years of age and over.

Acts 2001, No. 1658, § 1.
Ark. Code Ann. § 20-77-904 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-904
Investigation by Attorney General
Status: in_force

(a) If the Attorney General has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation or that would lead to the discovery of relevant information in an investigation for violation of this subchapter, the Attorney General may serve upon the person, before bringing any action in the circuit court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, and to produce the document or object for inspection and copying. The demand shall: (1) Be served upon the person in the manner required for service of process in the State of Arkansas or by certified mail with return receipt requested; (2) Describe the nature of the conduct constituting the violation under investigation; (3) Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified; (4) Contain a copy of the written interrogatories; (5) Prescribe a reasonable time at which the person must appear to testify, a time within which to answer the written interrogatories, and a time within which the document or object must be produced; (6) Advise the person that objections to or reasons for not complying with the demand may be filed with the Attorney General on or before that time; (7) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and (8) Contain a copy of subsections (b) and (d) of this section. (b) (1) If a person objects to or otherwise fails to comply with the written demand served upon him or her under subsection (a) of this section, the Attorney General may file an action in the circuit court for an order to enforce the demand. (2) Venue for the action to enforce the demand shall be in Pulaski County. (3) Notice of a hearing on the action to enforce the demand and a copy of the action shall be served upon the person in the same manner as that prescribed in the Arkansas Rules of Civil Procedure. (4) If the court finds that the demand is proper, that there is reasonable cause to believe there may have been a violation of this subchapter, and that the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand, subject to modifications the court may prescribe. (c) If the person fails to comply with the order, the court may issue any of the following orders until the person complies with the order: (1) Adjudging the person in contempt of court and exercising any civil contempt power available under state law; (2) Granting injunctive relief against the person to whom the demand is issued to restrain the conduct which is the subject of the investigation; or (3) Granting other relief as the court may deem proper. (d) The court may award to the Attorney General costs and reasonable attorney's fees as determined by the court against the person failing to obey the order. (e) Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense. Amended by Act 2017, No. 978,§ 10, eff. 8/1/2017. Acts 1993, No. 1299, § 5.

(a) If the Attorney General has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation or that would lead to the discovery of relevant information in an investigation for violation of this subchapter, the Attorney General may serve upon the person, before bringing any action in the circuit court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, and to produce the document or object for inspection and copying. The demand shall: (1) Be served upon the person in the manner required for service of process in the State of Arkansas or by certified mail with return receipt requested; (2) Describe the nature of the conduct constituting the violation under investigation; (3) Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified; (4) Contain a copy of the written interrogatories; (5) Prescribe a reasonable time at which the person must appear to testify, a time within which to answer the written interrogatories, and a time within which the document or object must be produced; (6) Advise the person that objections to or reasons for not complying with the demand may be filed with the Attorney General on or before that time; (7) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and (8) Contain a copy of subsections (b) and (d) of this section.

(1) Be served upon the person in the manner required for service of process in the State of Arkansas or by certified mail with return receipt requested;

(2) Describe the nature of the conduct constituting the violation under investigation;

(3) Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified;

(4) Contain a copy of the written interrogatories;

(5) Prescribe a reasonable time at which the person must appear to testify, a time within which to answer the written interrogatories, and a time within which the document or object must be produced;

(6) Advise the person that objections to or reasons for not complying with the demand may be filed with the Attorney General on or before that time;

(7) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and

(8) Contain a copy of subsections (b) and (d) of this section.

(b) (1) If a person objects to or otherwise fails to comply with the written demand served upon him or her under subsection (a) of this section, the Attorney General may file an action in the circuit court for an order to enforce the demand. (2) Venue for the action to enforce the demand shall be in Pulaski County. (3) Notice of a hearing on the action to enforce the demand and a copy of the action shall be served upon the person in the same manner as that prescribed in the Arkansas Rules of Civil Procedure. (4) If the court finds that the demand is proper, that there is reasonable cause to believe there may have been a violation of this subchapter, and that the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand, subject to modifications the court may prescribe.

(1) If a person objects to or otherwise fails to comply with the written demand served upon him or her under subsection (a) of this section, the Attorney General may file an action in the circuit court for an order to enforce the demand.

(2) Venue for the action to enforce the demand shall be in Pulaski County.

(3) Notice of a hearing on the action to enforce the demand and a copy of the action shall be served upon the person in the same manner as that prescribed in the Arkansas Rules of Civil Procedure.

(4) If the court finds that the demand is proper, that there is reasonable cause to believe there may have been a violation of this subchapter, and that the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand, subject to modifications the court may prescribe.

(c) If the person fails to comply with the order, the court may issue any of the following orders until the person complies with the order: (1) Adjudging the person in contempt of court and exercising any civil contempt power available under state law; (2) Granting injunctive relief against the person to whom the demand is issued to restrain the conduct which is the subject of the investigation; or (3) Granting other relief as the court may deem proper.

(1) Adjudging the person in contempt of court and exercising any civil contempt power available under state law;

(2) Granting injunctive relief against the person to whom the demand is issued to restrain the conduct which is the subject of the investigation; or

(3) Granting other relief as the court may deem proper.

(d) The court may award to the Attorney General costs and reasonable attorney's fees as determined by the court against the person failing to obey the order.

(e) Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense.

Amended by Act 2017, No. 978,§ 10, eff. 8/1/2017.

Acts 1993, No. 1299, § 5.
Ark. Code Ann. § 20-77-2405 — AR Code / Title 20 / Chapter 77 / Subchapter 24 / Section 20-77-2405
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019. Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013. Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.

Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.

Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 20-82-210 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-210
Multidisciplinary Team Oversight Committee - Members - Duty to assess statewide multidisciplinary teams and response to child abuse
Status: in_force

(a) The Children's Advocacy Centers of Arkansas shall establish the Multidisciplinary Team Oversight Committee. (b) The Multidisciplinary Team Oversight Committee shall include the following members: (1) The Commander of the Crimes Against Children Division or his or her designee; (2) The Director of the Division of Children and Family Services of the Department of Human Services or his or her designee; (3) The Executive Director of the Arkansas Prosecuting Attorneys Association or his or her designee; (4) A mental health provider with specialized training in trauma-focused evaluation or treatment of child abuse issues; (5) A medical provider with specialized training in the evaluation or treatment of child abuse issues; (6) The Executive Director of the Arkansas Sheriffs' Association or his or her designee; (7) The Executive Director of the Arkansas Association of Chiefs of Police or his or her designee; (8) The President of the Board of Directors of the Children's Advocacy Centers of Arkansas or his or her designee; (9) A representative of the juvenile justice system; (10) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission or his or her designee; and (11) The Chair of the Child Maltreatment Investigations Oversight Committee, who shall be a nonvoting ex officio member of the Multi disciplinary Team Oversight Committee. (c) The Multidisciplinary Team Oversight Committee shall assess the operations of the multidisciplinary teams statewide with regard to responses to alleged child abuse. Amended by Act 2021, No. 975,§ 14, eff. 7/28/2021. Acts 2007, No. 703, § 18.

(a) The Children's Advocacy Centers of Arkansas shall establish the Multidisciplinary Team Oversight Committee.

(b) The Multidisciplinary Team Oversight Committee shall include the following members: (1) The Commander of the Crimes Against Children Division or his or her designee; (2) The Director of the Division of Children and Family Services of the Department of Human Services or his or her designee; (3) The Executive Director of the Arkansas Prosecuting Attorneys Association or his or her designee; (4) A mental health provider with specialized training in trauma-focused evaluation or treatment of child abuse issues; (5) A medical provider with specialized training in the evaluation or treatment of child abuse issues; (6) The Executive Director of the Arkansas Sheriffs' Association or his or her designee; (7) The Executive Director of the Arkansas Association of Chiefs of Police or his or her designee; (8) The President of the Board of Directors of the Children's Advocacy Centers of Arkansas or his or her designee; (9) A representative of the juvenile justice system; (10) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission or his or her designee; and (11) The Chair of the Child Maltreatment Investigations Oversight Committee, who shall be a nonvoting ex officio member of the Multi disciplinary Team Oversight Committee.

(1) The Commander of the Crimes Against Children Division or his or her designee;

(2) The Director of the Division of Children and Family Services of the Department of Human Services or his or her designee;

(3) The Executive Director of the Arkansas Prosecuting Attorneys Association or his or her designee;

(4) A mental health provider with specialized training in trauma-focused evaluation or treatment of child abuse issues;

(5) A medical provider with specialized training in the evaluation or treatment of child abuse issues;

(6) The Executive Director of the Arkansas Sheriffs' Association or his or her designee;

(7) The Executive Director of the Arkansas Association of Chiefs of Police or his or her designee;

(8) The President of the Board of Directors of the Children's Advocacy Centers of Arkansas or his or her designee;

(9) A representative of the juvenile justice system;

(10) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission or his or her designee; and

(11) The Chair of the Child Maltreatment Investigations Oversight Committee, who shall be a nonvoting ex officio member of the Multi disciplinary Team Oversight Committee.

(c) The Multidisciplinary Team Oversight Committee shall assess the operations of the multidisciplinary teams statewide with regard to responses to alleged child abuse.

Amended by Act 2021, No. 975,§ 14, eff. 7/28/2021.

Acts 2007, No. 703, § 18.
Ark. Code Ann. § 20-16-1106 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1106
Requirements for department website
Status: in_force

(a) The Department of Health shall include on its website the information described in § 20-16-1105 . (b) No information regarding persons who use the website shall be collected or maintained. (c) The department shall monitor the website on a daily basis to prevent and correct tampering. Acts 2005, No. 1696, § 1.

(a) The Department of Health shall include on its website the information described in § 20-16-1105 .

(b) No information regarding persons who use the website shall be collected or maintained.

(c) The department shall monitor the website on a daily basis to prevent and correct tampering.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-27-207 — AR Code / Title 20 / Chapter 27 / Subchapter 2 / Section 20-27-207
Materials and bedding previously exposed to disease
Status: in_force

(a) No person shall sell, offer for sale, deliver, or consign for sale or have in his or her possession with intent to sell, deliver, or consign for sale any article of bedding that has been used by or about any person having an infectious or contagious disease. (b) No person shall use in the making or remaking of any article of bedding, as defined in this subchapter, any material of any kind that has been used by or about any person having an infectious or contagious disease or which has formed a part of any article of bedding which has been so used. Acts 1927, No. 249, §§ 2, 3; Pope's Dig., §§ 6456, 6457; A.S.A. 1947, §§ 82-717, 82-718.

(a) No person shall sell, offer for sale, deliver, or consign for sale or have in his or her possession with intent to sell, deliver, or consign for sale any article of bedding that has been used by or about any person having an infectious or contagious disease.

(b) No person shall use in the making or remaking of any article of bedding, as defined in this subchapter, any material of any kind that has been used by or about any person having an infectious or contagious disease or which has formed a part of any article of bedding which has been so used.

Acts 1927, No. 249, §§ 2, 3; Pope's Dig., §§ 6456, 6457; A.S.A. 1947, §§ 82-717, 82-718.
Ark. Code Ann. § 20-38-109 — AR Code / Title 20 / Chapter 38 / Section 20-38-109
Regulations
Status: in_force

The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency shall cooperate to prepare forms and promulgate consistent rules as necessary to implement this subchapter. Acts 2009, No. 762, § 4.

The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency shall cooperate to prepare forms and promulgate consistent rules as necessary to implement this subchapter.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-16-2411 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2411
Conscience protections
Status: in_force

The Department of Human Services shall not require any care agent or agency to refer a woman for any social or medical service to which the care agent or agency has a conscience objection. Amended by Act 2023, No. 703,§ 9, eff. 8/1/2023. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

The Department of Human Services shall not require any care agent or agency to refer a woman for any social or medical service to which the care agent or agency has a conscience objection.

Amended by Act 2023, No. 703,§ 9, eff. 8/1/2023.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-10-401 — AR Code / Title 20 / Chapter 10 / Subchapter 4 / Section 20-10-401
Penalty
Status: in_force

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any long-term care facility without first obtaining a license as provided by law shall be guilty of a Class A misdemeanor and upon conviction shall be liable to a fine imposed pursuant to a Class A misdemeanor. (b) Each day that a long-term care facility shall operate after a first conviction shall be considered a Class D felony and upon conviction shall be liable to a fine imposed pursuant to a Class D felony. Acts 1985, No. 884, § 4; 1985, No. 968, § 4; A.S.A. 1947, § 82-2234.

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any long-term care facility without first obtaining a license as provided by law shall be guilty of a Class A misdemeanor and upon conviction shall be liable to a fine imposed pursuant to a Class A misdemeanor.

(b) Each day that a long-term care facility shall operate after a first conviction shall be considered a Class D felony and upon conviction shall be liable to a fine imposed pursuant to a Class D felony.

Acts 1985, No. 884, § 4; 1985, No. 968, § 4; A.S.A. 1947, § 82-2234.
Ark. Code Ann. § 20-82-202 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-202
Arkansas Child Abuse/Rape/Domestic Violence Commission - Powers and duties
Status: in_force

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall be an advisory body only and shall act in an advisory capacity to the Child Abuse/Rape/Domestic Violence Section of the office of the Chancellor of the University of Arkansas for Medical Sciences. Acts 1991, No. 727, § 2; 1991, No. 828, § 2; 1993, No. 887, § 4; 1995, No. 1336, § 2.

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall be an advisory body only and shall act in an advisory capacity to the Child Abuse/Rape/Domestic Violence Section of the office of the Chancellor of the University of Arkansas for Medical Sciences.

Acts 1991, No. 727, § 2; 1991, No. 828, § 2; 1993, No. 887, § 4; 1995, No. 1336, § 2.
Ark. Code Ann. § 20-56-219 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-219
State Board of Health - Authority to regulate
Status: in_force

(a) (1) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health. (2) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act. (b) (1) Before promulgating any rules contemplated by § 20-56-209(10) , § 20-56-211(4) , § 20-56-211(6) -(8), § 20-56-214(b) , § 20-56-217 , or subsection (c) of this section, the board shall give appropriate notice of the proposal and of the time and place for a hearing. (2) The rule so promulgated shall become effective on a date fixed by the board which shall not be before thirty (30) days after its promulgation. (3) The rule may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a rule amending or repealing a rule, the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date. (c) (1) Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate rules fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container. (2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. (3) The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Food, Drug, and Cosmetic Act. Amended by Act 2019, No. 315,§ 2175, eff. 7/24/2019. Acts 1953, No. 415, §§ 9, 19; A.S.A. 1947, §§ 82-1109, 82-1119.

(a) (1) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health. (2) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act.

(1) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health.

(2) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act.

(b) (1) Before promulgating any rules contemplated by § 20-56-209(10) , § 20-56-211(4) , § 20-56-211(6) -(8), § 20-56-214(b) , § 20-56-217 , or subsection (c) of this section, the board shall give appropriate notice of the proposal and of the time and place for a hearing. (2) The rule so promulgated shall become effective on a date fixed by the board which shall not be before thirty (30) days after its promulgation. (3) The rule may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a rule amending or repealing a rule, the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.

(1) Before promulgating any rules contemplated by § 20-56-209(10) , § 20-56-211(4) , § 20-56-211(6) -(8), § 20-56-214(b) , § 20-56-217 , or subsection (c) of this section, the board shall give appropriate notice of the proposal and of the time and place for a hearing.

(2) The rule so promulgated shall become effective on a date fixed by the board which shall not be before thirty (30) days after its promulgation.

(3) The rule may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a rule amending or repealing a rule, the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.

(c) (1) Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate rules fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container. (2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. (3) The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Food, Drug, and Cosmetic Act.

(1) Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate rules fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container.

(2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.

(3) The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Food, Drug, and Cosmetic Act.

Amended by Act 2019, No. 315,§ 2175, eff. 7/24/2019.

Acts 1953, No. 415, §§ 9, 19; A.S.A. 1947, §§ 82-1109, 82-1119.
Ark. Code Ann. § 20-22-809 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-809
Workers' compensation
Status: in_force

(a) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, volunteer firefighters of certified fire departments, other than municipal fire departments, who meet the requirements of this section are county employees and shall receive minimum compensation. Their survivors shall receive death benefits in the same manner as regular county employees for injury or death arising out of and in the course of their activities as firefighters. (b) Volunteer firefighters requesting workers' compensation coverage shall annually file with the county clerk evidence that: (1) The firefighter has met the minimum training standards recommended by the Arkansas Fire Protection Services Board; and (2) The volunteer firefighter is a member of a certified fire department other than a municipal fire department. (c) A member of a fire department under § 20-22-806 who does not engage in firefighting is eligible for workers' compensation under this section. Acts 1987, No. 837, § 8; 2009, No. 808, § 2.

(a) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, volunteer firefighters of certified fire departments, other than municipal fire departments, who meet the requirements of this section are county employees and shall receive minimum compensation. Their survivors shall receive death benefits in the same manner as regular county employees for injury or death arising out of and in the course of their activities as firefighters.

(b) Volunteer firefighters requesting workers' compensation coverage shall annually file with the county clerk evidence that: (1) The firefighter has met the minimum training standards recommended by the Arkansas Fire Protection Services Board; and (2) The volunteer firefighter is a member of a certified fire department other than a municipal fire department.

(1) The firefighter has met the minimum training standards recommended by the Arkansas Fire Protection Services Board; and

(2) The volunteer firefighter is a member of a certified fire department other than a municipal fire department.

(c) A member of a fire department under § 20-22-806 who does not engage in firefighting is eligible for workers' compensation under this section.

Acts 1987, No. 837, § 8; 2009, No. 808, § 2.
Ark. Code Ann. § 20-64-1103 — AR Code / Title 20 / Chapter 64 / Subchapter 11 / Section 20-64-1103
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 73, eff. 7/24/2019. Amended by Act 2016EX3, No. 3,§ 48, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 48, eff. 5/23/2016. Amended by Act 2013, No. 1132,§ 40, eff. 8/16/2013. Acts 2007, No. 629, § 1.

Repealed by Act 2019, No. 389,§ 73, eff. 7/24/2019.

Amended by Act 2016EX3, No. 3,§ 48, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 48, eff. 5/23/2016.

Amended by Act 2013, No. 1132,§ 40, eff. 8/16/2013.

Acts 2007, No. 629, § 1.
Ark. Code Ann. § 20-22-401 — AR Code / Title 20 / Chapter 22 / Subchapter 4 / Section 20-22-401
Legislative findings
Status: in_force

The General Assembly finds that it is desirable that every licensed long-term care facility in this state install and maintain either a sprinkler system throughout the facility or an approved smoke or particle sensor device system with visual signals outside each patient room. Acts 1979, No. 374, § 1; 1981, No. 570, § 1; A.S.A. 1947, § 82-847.

The General Assembly finds that it is desirable that every licensed long-term care facility in this state install and maintain either a sprinkler system throughout the facility or an approved smoke or particle sensor device system with visual signals outside each patient room.

Acts 1979, No. 374, § 1; 1981, No. 570, § 1; A.S.A. 1947, § 82-847.
Ark. Code Ann. § 20-8-101 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-101
Definitions
Status: in_force

As used in this subchapter: (1) "Category of services" or "health services" means home healthcare services as defined by § 20-10-801 ; (2) "Conversion of services" means an alteration of the category of services offered by a health facility; (3) (A) "Health facility" means a long-term care facility as defined by § 20-10-101 or a home healthcare services agency as defined by § 20-10-801 . (B) "Health facility" shall not mean and nothing in this subchapter shall be deemed to require a permit of approval for or to otherwise regulate in any manner the licensure of: (i) A hospital as defined by and licensed pursuant to § 20-9-201 , except when a hospital seeks to add long-term care beds or to convert acute beds to long-term care beds or to add home health services pursuant to a letter of intent filed with the Department of Health after February 15, 1993, or to expand home health services pursuant to a letter of intent filed with the department after February 15, 1993; (ii) Offices of private physicians and surgeons; (iii) Outpatient surgery or imaging centers; (iv) Post-acute head injury retraining and residential care facilities or establishments operated by the United States Government or any agency thereof; (v) Freestanding radiation therapy centers; (vi) Expansion, not to exceed fifteen (15) beds, of the twenty-five-bed nonprofit intermediate care facility for individuals with developmental disabilities that provides transitional rehabilitation for pediatric patients; (vii) Residences for four (4) or fewer individuals with developmental disabilities who receive support and services from nonprofit providers currently licensed by the Division of Developmental Disabilities Services; (viii) Any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with the tenets or practices of any recognized religious denomination; or (ix) Any bed or facility used to provide care to delinquent juveniles committed into the care of the Division of Youth Services. (C) "Health facility" shall not include offices of private physicians and surgeons, outpatient surgery or imaging centers, establishments operated by the United States Government or any of its agencies, freestanding radiation therapy centers, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination; and (4) "Transitional rehabilitation" means rehabilitation that typically results in discharge within twenty-four (24) months after the date of admission. Amended by Act 2019, No. 389,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 7, eff. 7/24/2019. Acts 1987, No. 593, § 1; 1987 (1st Ex. Sess.), No. 40, §§ 1, 2; 1989, No. 422, §§ 1, 2, 7; 1993, No. 472, § 1; 1997, No. 1025, § 1; 2001, No. 1583, § 2; 2001, No. 1800, § 6.

As used in this subchapter:

(1) "Category of services" or "health services" means home healthcare services as defined by § 20-10-801 ;

(2) "Conversion of services" means an alteration of the category of services offered by a health facility;

(3) (A) "Health facility" means a long-term care facility as defined by § 20-10-101 or a home healthcare services agency as defined by § 20-10-801 . (B) "Health facility" shall not mean and nothing in this subchapter shall be deemed to require a permit of approval for or to otherwise regulate in any manner the licensure of: (i) A hospital as defined by and licensed pursuant to § 20-9-201 , except when a hospital seeks to add long-term care beds or to convert acute beds to long-term care beds or to add home health services pursuant to a letter of intent filed with the Department of Health after February 15, 1993, or to expand home health services pursuant to a letter of intent filed with the department after February 15, 1993; (ii) Offices of private physicians and surgeons; (iii) Outpatient surgery or imaging centers; (iv) Post-acute head injury retraining and residential care facilities or establishments operated by the United States Government or any agency thereof; (v) Freestanding radiation therapy centers; (vi) Expansion, not to exceed fifteen (15) beds, of the twenty-five-bed nonprofit intermediate care facility for individuals with developmental disabilities that provides transitional rehabilitation for pediatric patients; (vii) Residences for four (4) or fewer individuals with developmental disabilities who receive support and services from nonprofit providers currently licensed by the Division of Developmental Disabilities Services; (viii) Any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with the tenets or practices of any recognized religious denomination; or (ix) Any bed or facility used to provide care to delinquent juveniles committed into the care of the Division of Youth Services. (C) "Health facility" shall not include offices of private physicians and surgeons, outpatient surgery or imaging centers, establishments operated by the United States Government or any of its agencies, freestanding radiation therapy centers, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination; and

(A) "Health facility" means a long-term care facility as defined by § 20-10-101 or a home healthcare services agency as defined by § 20-10-801 .

(B) "Health facility" shall not mean and nothing in this subchapter shall be deemed to require a permit of approval for or to otherwise regulate in any manner the licensure of: (i) A hospital as defined by and licensed pursuant to § 20-9-201 , except when a hospital seeks to add long-term care beds or to convert acute beds to long-term care beds or to add home health services pursuant to a letter of intent filed with the Department of Health after February 15, 1993, or to expand home health services pursuant to a letter of intent filed with the department after February 15, 1993; (ii) Offices of private physicians and surgeons; (iii) Outpatient surgery or imaging centers; (iv) Post-acute head injury retraining and residential care facilities or establishments operated by the United States Government or any agency thereof; (v) Freestanding radiation therapy centers; (vi) Expansion, not to exceed fifteen (15) beds, of the twenty-five-bed nonprofit intermediate care facility for individuals with developmental disabilities that provides transitional rehabilitation for pediatric patients; (vii) Residences for four (4) or fewer individuals with developmental disabilities who receive support and services from nonprofit providers currently licensed by the Division of Developmental Disabilities Services; (viii) Any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with the tenets or practices of any recognized religious denomination; or (ix) Any bed or facility used to provide care to delinquent juveniles committed into the care of the Division of Youth Services.

(i) A hospital as defined by and licensed pursuant to § 20-9-201 , except when a hospital seeks to add long-term care beds or to convert acute beds to long-term care beds or to add home health services pursuant to a letter of intent filed with the Department of Health after February 15, 1993, or to expand home health services pursuant to a letter of intent filed with the department after February 15, 1993;

(ii) Offices of private physicians and surgeons;

(iii) Outpatient surgery or imaging centers;

(iv) Post-acute head injury retraining and residential care facilities or establishments operated by the United States Government or any agency thereof;

(v) Freestanding radiation therapy centers;

(vi) Expansion, not to exceed fifteen (15) beds, of the twenty-five-bed nonprofit intermediate care facility for individuals with developmental disabilities that provides transitional rehabilitation for pediatric patients;

(vii) Residences for four (4) or fewer individuals with developmental disabilities who receive support and services from nonprofit providers currently licensed by the Division of Developmental Disabilities Services;

(viii) Any facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with the tenets or practices of any recognized religious denomination; or

(ix) Any bed or facility used to provide care to delinquent juveniles committed into the care of the Division of Youth Services.

(C) "Health facility" shall not include offices of private physicians and surgeons, outpatient surgery or imaging centers, establishments operated by the United States Government or any of its agencies, freestanding radiation therapy centers, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination; and

(4) "Transitional rehabilitation" means rehabilitation that typically results in discharge within twenty-four (24) months after the date of admission.

Amended by Act 2019, No. 389,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 7, eff. 7/24/2019.

Acts 1987, No. 593, § 1; 1987 (1st Ex. Sess.), No. 40, §§ 1, 2; 1989, No. 422, §§ 1, 2, 7; 1993, No. 472, § 1; 1997, No. 1025, § 1; 2001, No. 1583, § 2; 2001, No. 1800, § 6.
Ark. Code Ann. § 20-10-1603 — AR Code / Title 20 / Chapter 10 / Subchapter 16 / Section 20-10-1603
Reporting and collection
Status: in_force

(a) On the tenth day of the first full month following March 9, 2001, and on the tenth day of each month thereafter, each nursing facility shall file a report with the Division of Medical Services listing the patient days for the preceding month. (b) The quality assurance fee shall be due and payable for the previous month by the thirtieth of each month. (c) The payment of the quality assurance fee by the nursing facilities shall be reported as an allowable cost for Medicaid reimbursement purposes. Acts 2001, No. 635, § 3.

(a) On the tenth day of the first full month following March 9, 2001, and on the tenth day of each month thereafter, each nursing facility shall file a report with the Division of Medical Services listing the patient days for the preceding month.

(b) The quality assurance fee shall be due and payable for the previous month by the thirtieth of each month.

(c) The payment of the quality assurance fee by the nursing facilities shall be reported as an allowable cost for Medicaid reimbursement purposes.

Acts 2001, No. 635, § 3.
Ark. Code Ann. § 20-77-707 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-707
Application forms - Cooperation by applicant
Status: in_force

Each local office of the Department of Human Services shall keep application forms prepared and provided by the cotrustees of the Special Needs Trust Revolving Fund and make them available to any person upon request. Acts 1993, No. 1228, § 1.

Each local office of the Department of Human Services shall keep application forms prepared and provided by the cotrustees of the Special Needs Trust Revolving Fund and make them available to any person upon request.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-77-1501 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1501
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The State of Arkansas currently ranks forty-sixth among the fifty (50) states for having the least healthy population; (2) A major contributing factor to the state's low health ranking is its high percentage of uninsured persons; (3) There is a significant gap in the state's healthcare safety net, especially with regard to working adults with low incomes; and (4) New relationships are needed between the federal and state governments, local communities, healthcare providers, employers, and uninsured persons in this state so that healthcare services for the uninsured will be more accessible, more affordable, and more effective. (b) Therefore, there is created a statutory framework for the establishment of community-based healthcare access programs that can serve as a bridge to connect and assist government, communities, and citizens to develop a more comprehensive and responsible healthcare system, one that seeks to expand access and education with regard to health services for economically disadvantaged, uninsured working adults. Acts 2003, No. 660, § 1.

(a) The General Assembly finds that: (1) The State of Arkansas currently ranks forty-sixth among the fifty (50) states for having the least healthy population; (2) A major contributing factor to the state's low health ranking is its high percentage of uninsured persons; (3) There is a significant gap in the state's healthcare safety net, especially with regard to working adults with low incomes; and (4) New relationships are needed between the federal and state governments, local communities, healthcare providers, employers, and uninsured persons in this state so that healthcare services for the uninsured will be more accessible, more affordable, and more effective.

(1) The State of Arkansas currently ranks forty-sixth among the fifty (50) states for having the least healthy population;

(2) A major contributing factor to the state's low health ranking is its high percentage of uninsured persons;

(3) There is a significant gap in the state's healthcare safety net, especially with regard to working adults with low incomes; and

(4) New relationships are needed between the federal and state governments, local communities, healthcare providers, employers, and uninsured persons in this state so that healthcare services for the uninsured will be more accessible, more affordable, and more effective.

(b) Therefore, there is created a statutory framework for the establishment of community-based healthcare access programs that can serve as a bridge to connect and assist government, communities, and citizens to develop a more comprehensive and responsible healthcare system, one that seeks to expand access and education with regard to health services for economically disadvantaged, uninsured working adults.

Acts 2003, No. 660, § 1.
Ark. Code Ann. § 20-17-1301 — AR Code / Title 20 / Chapter 17 / Subchapter 13 / Section 20-17-1301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Insolvent Cemetery Grant Fund Act." Acts 2009, No. 429, § 3.

This subchapter shall be known and may be cited as the "Insolvent Cemetery Grant Fund Act."

Acts 2009, No. 429, § 3.
Ark. Code Ann. § 20-8-201 — AR Code / Title 20 / Chapter 8 / Subchapter 2 / Section 20-8-201
Legislative intent
Status: in_force

(a) It is declared and found that a major problem facing medicine and the public health and welfare is the absence of an adequate program to assist in the treatment and rehabilitation of persons with congenital or acquired spinal cord dysfunction. (b) (1) It has been found that no fewer than one thousand one hundred (1,100) Arkansas residents presently have spinal cord injury or damage, and it is estimated that at least one hundred twenty (120) Arkansans experience serious injury or congenital dysfunction of the spinal cord annually. (2) Furthermore, it has been found that a fully coordinated approach to the early recognition, the emergency care and transportation, the definitive treatment and rehabilitation, and the long-term management direction and support of persons with congenital or acquired spinal cord dysfunction is presently lacking and yet is essential to guaranteeing persons with congenital or acquired spinal cord dysfunction the best possible opportunity to minimize mortality, morbidity, and permanent disability. (3) It is further recognized that the enormous cost for medical services, hospitalization, and rehabilitative care of persons with congenital or acquired spinal cord dysfunction makes it extremely difficult, and often financially impossible, for persons of moderate or modest means to secure adequate medical and rehabilitative services, and in most cases, services are financially possible only by the very wealthy, if at all. (4) Therefore, to guarantee the best possible opportunity for minimizing the mortality, morbidity, and permanent disability of persons due to spinal cord injury or dysfunction, it is essential that the state develop a program to: (A) Provide for complete identification and visible integration of the numerous complex funding mechanisms which are applicable to the needs of a particular person at each overlapping stage of treatment and rehabilitation and provide financial assistance when necessary to fill a specific identified gap in funding a portion of the coordinated treatment and rehabilitation plan of a specified person when the person's own financial resources are insufficient to meet such requirements; (B) Authorize the development and operation of an Arkansas spinal cord treatment center and system which will integrate present treatment and rehabilitative capabilities and develop additional service capabilities as necessary to guarantee the availability of continuously current and evolving new processes in state-of-the-art treatment and rehabilitative services to all Arkansans who have congenital or acquired spinal cord dysfunction; and (C) Provide for full coordination of treatment and rehabilitation efforts from problem recognition through progressive rehabilitation and for as long as a need for these specialized services shall exist. Amended by Act 2019, No. 389,§ 10, eff. 7/24/2019. Acts 1975, No. 311, § 1; A.S.A. 1947, § 82-3301.

(a) It is declared and found that a major problem facing medicine and the public health and welfare is the absence of an adequate program to assist in the treatment and rehabilitation of persons with congenital or acquired spinal cord dysfunction.

(b) (1) It has been found that no fewer than one thousand one hundred (1,100) Arkansas residents presently have spinal cord injury or damage, and it is estimated that at least one hundred twenty (120) Arkansans experience serious injury or congenital dysfunction of the spinal cord annually. (2) Furthermore, it has been found that a fully coordinated approach to the early recognition, the emergency care and transportation, the definitive treatment and rehabilitation, and the long-term management direction and support of persons with congenital or acquired spinal cord dysfunction is presently lacking and yet is essential to guaranteeing persons with congenital or acquired spinal cord dysfunction the best possible opportunity to minimize mortality, morbidity, and permanent disability. (3) It is further recognized that the enormous cost for medical services, hospitalization, and rehabilitative care of persons with congenital or acquired spinal cord dysfunction makes it extremely difficult, and often financially impossible, for persons of moderate or modest means to secure adequate medical and rehabilitative services, and in most cases, services are financially possible only by the very wealthy, if at all. (4) Therefore, to guarantee the best possible opportunity for minimizing the mortality, morbidity, and permanent disability of persons due to spinal cord injury or dysfunction, it is essential that the state develop a program to: (A) Provide for complete identification and visible integration of the numerous complex funding mechanisms which are applicable to the needs of a particular person at each overlapping stage of treatment and rehabilitation and provide financial assistance when necessary to fill a specific identified gap in funding a portion of the coordinated treatment and rehabilitation plan of a specified person when the person's own financial resources are insufficient to meet such requirements; (B) Authorize the development and operation of an Arkansas spinal cord treatment center and system which will integrate present treatment and rehabilitative capabilities and develop additional service capabilities as necessary to guarantee the availability of continuously current and evolving new processes in state-of-the-art treatment and rehabilitative services to all Arkansans who have congenital or acquired spinal cord dysfunction; and (C) Provide for full coordination of treatment and rehabilitation efforts from problem recognition through progressive rehabilitation and for as long as a need for these specialized services shall exist.

(1) It has been found that no fewer than one thousand one hundred (1,100) Arkansas residents presently have spinal cord injury or damage, and it is estimated that at least one hundred twenty (120) Arkansans experience serious injury or congenital dysfunction of the spinal cord annually.

(2) Furthermore, it has been found that a fully coordinated approach to the early recognition, the emergency care and transportation, the definitive treatment and rehabilitation, and the long-term management direction and support of persons with congenital or acquired spinal cord dysfunction is presently lacking and yet is essential to guaranteeing persons with congenital or acquired spinal cord dysfunction the best possible opportunity to minimize mortality, morbidity, and permanent disability.

(3) It is further recognized that the enormous cost for medical services, hospitalization, and rehabilitative care of persons with congenital or acquired spinal cord dysfunction makes it extremely difficult, and often financially impossible, for persons of moderate or modest means to secure adequate medical and rehabilitative services, and in most cases, services are financially possible only by the very wealthy, if at all.

(4) Therefore, to guarantee the best possible opportunity for minimizing the mortality, morbidity, and permanent disability of persons due to spinal cord injury or dysfunction, it is essential that the state develop a program to: (A) Provide for complete identification and visible integration of the numerous complex funding mechanisms which are applicable to the needs of a particular person at each overlapping stage of treatment and rehabilitation and provide financial assistance when necessary to fill a specific identified gap in funding a portion of the coordinated treatment and rehabilitation plan of a specified person when the person's own financial resources are insufficient to meet such requirements; (B) Authorize the development and operation of an Arkansas spinal cord treatment center and system which will integrate present treatment and rehabilitative capabilities and develop additional service capabilities as necessary to guarantee the availability of continuously current and evolving new processes in state-of-the-art treatment and rehabilitative services to all Arkansans who have congenital or acquired spinal cord dysfunction; and (C) Provide for full coordination of treatment and rehabilitation efforts from problem recognition through progressive rehabilitation and for as long as a need for these specialized services shall exist.

(A) Provide for complete identification and visible integration of the numerous complex funding mechanisms which are applicable to the needs of a particular person at each overlapping stage of treatment and rehabilitation and provide financial assistance when necessary to fill a specific identified gap in funding a portion of the coordinated treatment and rehabilitation plan of a specified person when the person's own financial resources are insufficient to meet such requirements;

(B) Authorize the development and operation of an Arkansas spinal cord treatment center and system which will integrate present treatment and rehabilitative capabilities and develop additional service capabilities as necessary to guarantee the availability of continuously current and evolving new processes in state-of-the-art treatment and rehabilitative services to all Arkansans who have congenital or acquired spinal cord dysfunction; and

(C) Provide for full coordination of treatment and rehabilitation efforts from problem recognition through progressive rehabilitation and for as long as a need for these specialized services shall exist.

Amended by Act 2019, No. 389,§ 10, eff. 7/24/2019.

Acts 1975, No. 311, § 1; A.S.A. 1947, § 82-3301.
Ark. Code Ann. § 20-17-1225 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1225
Relation to Electronic Signatures in Global And National Commerce Act
Status: in_force

This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. § 7001 , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b) . Acts 2007, No. 839, § 1.

This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. § 7001 , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b) .

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-16-1207 — AR Code / Title 20 / Chapter 16 / Subchapter 12 / Section 20-16-1207
Provision for anonymity of female
Status: in_force

(a) In every proceeding or action under this subchapter, the circuit court shall rule whether the anonymity of any female upon whom a partial-birth abortion is performed should be preserved from public disclosure if the female does not give her consent to the disclosure. (b) (1) Upon its own motion or upon motion by a party to the proceeding or action under this subchapter, the circuit court shall make a ruling concerning the anonymity of any female upon whom a partial-birth abortion is performed. (2) Upon determining that the anonymity should be preserved, the circuit court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the female's identity from public disclosure. (3) Each order under subdivision (b)(2) of this section shall be accompanied by a specific written finding explaining: (A) Why the anonymity of the female should be preserved from public disclosure; (B) Why the order is essential to that end; (C) How the order is narrowly tailored to serve that interest; and (D) Why no reasonable, less restrictive alternative exists. (c) In the absence of written consent of the female upon whom a partial-birth abortion has been performed, any person other than a public official who brings an action under this subchapter shall do so under a pseudonym. (d) This section shall not be construed to conceal the identity of the plaintiff or of a witness from the defendant. Acts 2009, No. 196, § 1.

(a) In every proceeding or action under this subchapter, the circuit court shall rule whether the anonymity of any female upon whom a partial-birth abortion is performed should be preserved from public disclosure if the female does not give her consent to the disclosure.

(b) (1) Upon its own motion or upon motion by a party to the proceeding or action under this subchapter, the circuit court shall make a ruling concerning the anonymity of any female upon whom a partial-birth abortion is performed. (2) Upon determining that the anonymity should be preserved, the circuit court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the female's identity from public disclosure. (3) Each order under subdivision (b)(2) of this section shall be accompanied by a specific written finding explaining: (A) Why the anonymity of the female should be preserved from public disclosure; (B) Why the order is essential to that end; (C) How the order is narrowly tailored to serve that interest; and (D) Why no reasonable, less restrictive alternative exists.

(1) Upon its own motion or upon motion by a party to the proceeding or action under this subchapter, the circuit court shall make a ruling concerning the anonymity of any female upon whom a partial-birth abortion is performed.

(2) Upon determining that the anonymity should be preserved, the circuit court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the female's identity from public disclosure.

(3) Each order under subdivision (b)(2) of this section shall be accompanied by a specific written finding explaining: (A) Why the anonymity of the female should be preserved from public disclosure; (B) Why the order is essential to that end; (C) How the order is narrowly tailored to serve that interest; and (D) Why no reasonable, less restrictive alternative exists.

(A) Why the anonymity of the female should be preserved from public disclosure;

(B) Why the order is essential to that end;

(C) How the order is narrowly tailored to serve that interest; and

(D) Why no reasonable, less restrictive alternative exists.

(c) In the absence of written consent of the female upon whom a partial-birth abortion has been performed, any person other than a public official who brings an action under this subchapter shall do so under a pseudonym.

(d) This section shall not be construed to conceal the identity of the plaintiff or of a witness from the defendant.

Acts 2009, No. 196, § 1.
Ark. Code Ann. § 20-14-306 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-306
Reasonable precautions by drivers
Status: in_force

The driver of a vehicle approaching a person with a visual or hearing disability who is carrying a cane which is predominately white or metallic in color with or without a red tip or using a guide or hearing ear dog or the driver of a vehicle approaching a person with another physical disability shall take all reasonable precautions to avoid injury to the pedestrian with visual, hearing, or other physical disabilities. Acts 1973, No. 484, § 4; 1979, No. 574, § 1; A.S.A. 1947, § 82-2904.

The driver of a vehicle approaching a person with a visual or hearing disability who is carrying a cane which is predominately white or metallic in color with or without a red tip or using a guide or hearing ear dog or the driver of a vehicle approaching a person with another physical disability shall take all reasonable precautions to avoid injury to the pedestrian with visual, hearing, or other physical disabilities.

Acts 1973, No. 484, § 4; 1979, No. 574, § 1; A.S.A. 1947, § 82-2904.
Ark. Code Ann. § 20-8-702 — AR Code / Title 20 / Chapter 8 / Subchapter 7 / Section 20-8-702
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 57, eff. 7/1/2023. Amended by Act 2019, No. 813,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4967, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4966, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4965, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4964, eff. 7/1/2019. Added by Act 2017, No. 735,§ 1, eff. 8/1/2017.

Repealed by Act 2023, No. 365,§ 57, eff. 7/1/2023.

Amended by Act 2019, No. 813,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4967, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4966, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4965, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4964, eff. 7/1/2019.

Added by Act 2017, No. 735,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-78-905 — AR Code / Title 20 / Chapter 78 / Subchapter 9 / Section 20-78-905
[Repealed]
Status: repealed

Repealed without reference to 2017 amendment by Act 2017, No. 896,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 897,§ 18, eff. 7/1/2017. Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.

Repealed without reference to 2017 amendment by Act 2017, No. 896,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 897,§ 18, eff. 7/1/2017.

Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.
Ark. Code Ann. § 20-57-302 — AR Code / Title 20 / Chapter 57 / Subchapter 3 / Section 20-57-302
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Appropriate federal agency" means the United States Food and Drug Administration or any agency or department or administrative federal officer charged with the enforcement and administration of the Federal Food, Drug, and Cosmetic Act; (2) "Bread" shall include all yeast-raised commercial bakery products, made wholly or partly from wheat flour but excludes products containing no wheat flour or products made from one hundred percent (100%) whole wheat flour and also excludes all biscuits and crackers; (3) "Enrichment" as applied to flour or bread means the addition thereto of vitamins and other ingredients of the nature required by this subchapter, and the term "enriched flour" as defined by the United States Food and Drug Administration, 6 Fed. Reg. 2579 (1941) and 8 Fed. Reg. 2772 (1941), and "enriched bread", 6 Fed. Reg. 2772 (1941) and 8 Fed. Reg. 10785 (1943), means flour or bread which has been enriched to conform with the requirements of this subchapter; (4) "Flour" includes and shall be limited to flour of every kind and description, made wholly or partly from wheat, which conforms to the definition and standard of identity of flour including white flour, wheat flour, and plain flour as promulgated by the United States Food and Drug Administration, 6 Fed. Reg. 2754 (1941), but excluding whole wheat flour made only from the whole wheat berry with no part thereof removed and also excluding special packaged flours not used for bread baking such as cake, pancake, cracker, and pastry flours; and (5) "Person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization. Acts 1945, No. 214, § 2; A.S.A. 1947, § 82-935.

As used in this subchapter, unless the context otherwise requires:

(1) "Appropriate federal agency" means the United States Food and Drug Administration or any agency or department or administrative federal officer charged with the enforcement and administration of the Federal Food, Drug, and Cosmetic Act;

(2) "Bread" shall include all yeast-raised commercial bakery products, made wholly or partly from wheat flour but excludes products containing no wheat flour or products made from one hundred percent (100%) whole wheat flour and also excludes all biscuits and crackers;

(3) "Enrichment" as applied to flour or bread means the addition thereto of vitamins and other ingredients of the nature required by this subchapter, and the term "enriched flour" as defined by the United States Food and Drug Administration, 6 Fed. Reg. 2579 (1941) and 8 Fed. Reg. 2772 (1941), and "enriched bread", 6 Fed. Reg. 2772 (1941) and 8 Fed. Reg. 10785 (1943), means flour or bread which has been enriched to conform with the requirements of this subchapter;

(4) "Flour" includes and shall be limited to flour of every kind and description, made wholly or partly from wheat, which conforms to the definition and standard of identity of flour including white flour, wheat flour, and plain flour as promulgated by the United States Food and Drug Administration, 6 Fed. Reg. 2754 (1941), but excluding whole wheat flour made only from the whole wheat berry with no part thereof removed and also excluding special packaged flours not used for bread baking such as cake, pancake, cracker, and pastry flours; and

(5) "Person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.

Acts 1945, No. 214, § 2; A.S.A. 1947, § 82-935.
Ark. Code Ann. § 20-76-801 — AR Code / Title 20 / Chapter 76 / Subchapter 8 / Section 20-76-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Employment Opportunities for Able-Bodied Adults Act of 2019". Added by Act 2019, No. 974,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Employment Opportunities for Able-Bodied Adults Act of 2019".

Added by Act 2019, No. 974,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-8-105 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-105
Director
Status: in_force

(a) There shall be a Director of the Health Services Permit Agency, who shall be the executive head of the Health Services Permit Agency. (b) The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) The director shall report to the Secretary of the Department of Health. Amended by Act 2019, No. 910,§ 4956, eff. 7/1/2019. Acts 1987, No. 593, § 5; 2001, No. 1800, § 10.

(a) There shall be a Director of the Health Services Permit Agency, who shall be the executive head of the Health Services Permit Agency.

(b) The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.

(c) The director shall report to the Secretary of the Department of Health.

Amended by Act 2019, No. 910,§ 4956, eff. 7/1/2019.

Acts 1987, No. 593, § 5; 2001, No. 1800, § 10.
Ark. Code Ann. § 20-59-243 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-243
Unlawful acts - Graded milk
Status: in_force

It shall be unlawful to label, sell, or offer for sale any milk as graded milk unless the grade is officially awarded by the Secretary of the Department of Health having jurisdiction in accordance with the provisions of the United States Public Health Service Standard Milk Ordinance and Code. Amended by Act 2019, No. 910,§ 5064, eff. 7/1/2019. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to label, sell, or offer for sale any milk as graded milk unless the grade is officially awarded by the Secretary of the Department of Health having jurisdiction in accordance with the provisions of the United States Public Health Service Standard Milk Ordinance and Code.

Amended by Act 2019, No. 910,§ 5064, eff. 7/1/2019.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-77-2809 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2809
Emergency medical transportation access payments
Status: in_force

(a) To preserve and improve access to medical transportation services, for medical transportation services rendered on or after July 1, 2017, the Division of Medical Services of the Department of Human Services shall make emergency medical transportation access payments as set forth in this section. (b) The division shall calculate the emergency medical transportation access payment amount as the balance of the Medical Transportation Assessment Account plus any federal matching funds earned on the balance, up to but not to exceed the upper payment limit gap for all medical transportation providers. (c) (1) Except as provided in § 20-77-2806 , all medical transportation providers shall be eligible for emergency medical transportation access payments each state fiscal year as set forth in this subsection. (2) (A) In addition to any other funds paid to medical transportation providers for emergency medical services to Medicaid patients, each eligible medical transportation provider shall receive emergency medical transportation access payments each state fiscal year equal to the medical transportation provider's proportionate share of the total upper payment limit gap for all providers of emergency medical services. (B) Emergency medical transportation access payments shall be made on a quarterly basis. (C) In addition to other rules as the division determines are necessary to implement emergency medical transportation access payments, the division may create separate levels of assessments and emergency medical transportation access payments for ambulance services and air ambulance services. (d) An emergency medical transportation access payment shall not be used to offset any other payment by Medicaid for emergency or nonemergency services to Medicaid beneficiaries. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) To preserve and improve access to medical transportation services, for medical transportation services rendered on or after July 1, 2017, the Division of Medical Services of the Department of Human Services shall make emergency medical transportation access payments as set forth in this section.

(b) The division shall calculate the emergency medical transportation access payment amount as the balance of the Medical Transportation Assessment Account plus any federal matching funds earned on the balance, up to but not to exceed the upper payment limit gap for all medical transportation providers.

(c) (1) Except as provided in § 20-77-2806 , all medical transportation providers shall be eligible for emergency medical transportation access payments each state fiscal year as set forth in this subsection. (2) (A) In addition to any other funds paid to medical transportation providers for emergency medical services to Medicaid patients, each eligible medical transportation provider shall receive emergency medical transportation access payments each state fiscal year equal to the medical transportation provider's proportionate share of the total upper payment limit gap for all providers of emergency medical services. (B) Emergency medical transportation access payments shall be made on a quarterly basis. (C) In addition to other rules as the division determines are necessary to implement emergency medical transportation access payments, the division may create separate levels of assessments and emergency medical transportation access payments for ambulance services and air ambulance services.

(1) Except as provided in § 20-77-2806 , all medical transportation providers shall be eligible for emergency medical transportation access payments each state fiscal year as set forth in this subsection.

(2) (A) In addition to any other funds paid to medical transportation providers for emergency medical services to Medicaid patients, each eligible medical transportation provider shall receive emergency medical transportation access payments each state fiscal year equal to the medical transportation provider's proportionate share of the total upper payment limit gap for all providers of emergency medical services. (B) Emergency medical transportation access payments shall be made on a quarterly basis. (C) In addition to other rules as the division determines are necessary to implement emergency medical transportation access payments, the division may create separate levels of assessments and emergency medical transportation access payments for ambulance services and air ambulance services.

(A) In addition to any other funds paid to medical transportation providers for emergency medical services to Medicaid patients, each eligible medical transportation provider shall receive emergency medical transportation access payments each state fiscal year equal to the medical transportation provider's proportionate share of the total upper payment limit gap for all providers of emergency medical services.

(B) Emergency medical transportation access payments shall be made on a quarterly basis.

(C) In addition to other rules as the division determines are necessary to implement emergency medical transportation access payments, the division may create separate levels of assessments and emergency medical transportation access payments for ambulance services and air ambulance services.

(d) An emergency medical transportation access payment shall not be used to offset any other payment by Medicaid for emergency or nonemergency services to Medicaid beneficiaries.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-17-209 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-209
Penalties
Status: in_force

(a) A physician or other healthcare provider who willfully fails to transfer in accordance with § 20-17-207 is guilty of a Class A misdemeanor. (b) A physician who willfully fails to record the determination of terminal condition or permanent unconsciousness in accordance with § 20-17-205 is guilty of a Class A misdemeanor. (c) An individual who willfully conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a Class A misdemeanor. (d) An individual who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in § 20-17-204 , is guilty of a Class D felony. (e) An individual who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, healthcare services is guilty of a Class D felony. (f) A person who coerces or fraudulently induces another to execute a declaration under this subchapter is guilty of a Class D felony. (g) The sanctions provided in this section do not displace any sanction applicable under other law. Acts 1987, No. 713, § 9; 1999, No. 1536, § 5.

(a) A physician or other healthcare provider who willfully fails to transfer in accordance with § 20-17-207 is guilty of a Class A misdemeanor.

(b) A physician who willfully fails to record the determination of terminal condition or permanent unconsciousness in accordance with § 20-17-205 is guilty of a Class A misdemeanor.

(c) An individual who willfully conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a Class A misdemeanor.

(d) An individual who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in § 20-17-204 , is guilty of a Class D felony.

(e) An individual who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, healthcare services is guilty of a Class D felony.

(f) A person who coerces or fraudulently induces another to execute a declaration under this subchapter is guilty of a Class D felony.

(g) The sanctions provided in this section do not displace any sanction applicable under other law.

Acts 1987, No. 713, § 9; 1999, No. 1536, § 5.
Ark. Code Ann. § 20-64-309 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-309
Depressant and stimulant drugs - Manufacturing, compounding, or processing prohibited - Exceptions
Status: in_force

No person shall manufacture, compound, or process in this state any depressant or stimulant drug, except that this prohibition shall not apply to the following persons whose activities in connection with any drug are as specified in this section: (1) Manufacturers, compounders, and processors, operating in conformance with the laws of this state relating to the manufacture, compounding, or processing of drugs, who are regularly engaged in preparing pharmaceutical chemicals or prescription drugs for distribution through branch outlets, through wholesale druggists, or by direct shipment: (A) To pharmacies or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions, or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or (B) To laboratories or research or educational institutions for their use in lawful research, teaching, or chemical analysis; (2) Suppliers, operating in conformance with the laws of this state relating to the manufacture, compounding, or processing of drugs of manufacturers, compounders, and processors referred to in subdivision (1) of this section; (3) Wholesale druggists who maintain their establishments in conformance with state and local laws relating to the manufacture, compounding, or processing of drugs and are regularly engaged in supplying prescription drugs: (A) To pharmacies, or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or (B) To laboratories or research or educational institutions for their use in lawful research, teaching, or clinical analysis; (4) Pharmacies, hospitals, clinics, and public health agencies which maintain their establishments in conformance with state and local laws regulating the practice of pharmacy and medicine which are regularly engaged in dispensing drugs upon prescriptions of practitioners licensed in this state to administer the drugs for patients under the care of the practitioners in the course of their professional practice; (5) Practitioners licensed in this state to prescribe or administer depressant or stimulant drugs, while acting in the course of their professional practice; (6) Persons who use depressant or stimulant drugs in research, teaching, or chemical analysis and not for sale; (7) Officers and employees of this state or of a political subdivision of this state or of the United States while acting in the course of their official duties; and (8) An employee or agent of any person described in subdivisions (1)-(6) of this section and a nurse under the supervision of a practitioner licensed by law in this state to administer depressant or stimulant drugs, while the employee or nurse is acting in the course of his or her employment or occupation and not on his or her own account. Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.

No person shall manufacture, compound, or process in this state any depressant or stimulant drug, except that this prohibition shall not apply to the following persons whose activities in connection with any drug are as specified in this section:

(1) Manufacturers, compounders, and processors, operating in conformance with the laws of this state relating to the manufacture, compounding, or processing of drugs, who are regularly engaged in preparing pharmaceutical chemicals or prescription drugs for distribution through branch outlets, through wholesale druggists, or by direct shipment: (A) To pharmacies or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions, or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or (B) To laboratories or research or educational institutions for their use in lawful research, teaching, or chemical analysis;

(A) To pharmacies or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions, or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or

(B) To laboratories or research or educational institutions for their use in lawful research, teaching, or chemical analysis;

(2) Suppliers, operating in conformance with the laws of this state relating to the manufacture, compounding, or processing of drugs of manufacturers, compounders, and processors referred to in subdivision (1) of this section;

(3) Wholesale druggists who maintain their establishments in conformance with state and local laws relating to the manufacture, compounding, or processing of drugs and are regularly engaged in supplying prescription drugs: (A) To pharmacies, or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or (B) To laboratories or research or educational institutions for their use in lawful research, teaching, or clinical analysis;

(A) To pharmacies, or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions or for use by or under the supervision of practitioners licensed in this state to administer the drugs in the course of their professional practice; or

(B) To laboratories or research or educational institutions for their use in lawful research, teaching, or clinical analysis;

(4) Pharmacies, hospitals, clinics, and public health agencies which maintain their establishments in conformance with state and local laws regulating the practice of pharmacy and medicine which are regularly engaged in dispensing drugs upon prescriptions of practitioners licensed in this state to administer the drugs for patients under the care of the practitioners in the course of their professional practice;

(5) Practitioners licensed in this state to prescribe or administer depressant or stimulant drugs, while acting in the course of their professional practice;

(6) Persons who use depressant or stimulant drugs in research, teaching, or chemical analysis and not for sale;

(7) Officers and employees of this state or of a political subdivision of this state or of the United States while acting in the course of their official duties; and

(8) An employee or agent of any person described in subdivisions (1)-(6) of this section and a nurse under the supervision of a practitioner licensed by law in this state to administer depressant or stimulant drugs, while the employee or nurse is acting in the course of his or her employment or occupation and not on his or her own account.

Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Ark. Code Ann. § 20-59-701 — AR Code / Title 20 / Chapter 59 / Subchapter 7 / Section 20-59-701
Definitions
Status: in_force

As used in this subchapter: (1) "Dairy cooperative" means an association of dairy producers organized for the mutual benefit of the dairy producers; (2) "Dairy plant" means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution; (3) "Dairy processor" means any place, premises, or establishment that receives raw milk and pasteurizes and prepares it for human consumption; (4) "Dairy producer" means any person who produces bulk milk for sale to a dairy cooperative, dairy plant, or other processor; (5) "Department" means the Department of Health; (6) "Division" means the Division of Public Health Laboratories of the Department of Health; (7) "Evaluation officer" means an individual who has been trained, tested, and certified by the department in accordance with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch to certify milk industry laboratories to test milk for the presence of antibiotic drugs; (8) (A) "Laboratory" means a laboratory that tests raw milk received from dairy producers for the presence of antibiotic drugs. A laboratory may be located in a dairy plant, dairy cooperative, receiving station, transfer station, or other place where milk samples from bulk trucks or dairy producers are collected or tested. (B) "Laboratory" shall not include a laboratory that performs quality control tests developed by the Arkansas Dairy Herd Improvement Association or any cooperative field person or plant field person who performs tests on milk quality or butterfat; and (9) "Laboratory certification program" means a program administered by the Department of Health to certify laboratories to test milk for the presence of antibiotic drugs in a manner consistent with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch. Acts 1993, No. 701, § 1.

As used in this subchapter:

(1) "Dairy cooperative" means an association of dairy producers organized for the mutual benefit of the dairy producers;

(2) "Dairy plant" means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution;

(3) "Dairy processor" means any place, premises, or establishment that receives raw milk and pasteurizes and prepares it for human consumption;

(4) "Dairy producer" means any person who produces bulk milk for sale to a dairy cooperative, dairy plant, or other processor;

(5) "Department" means the Department of Health;

(6) "Division" means the Division of Public Health Laboratories of the Department of Health;

(7) "Evaluation officer" means an individual who has been trained, tested, and certified by the department in accordance with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch to certify milk industry laboratories to test milk for the presence of antibiotic drugs;

(8) (A) "Laboratory" means a laboratory that tests raw milk received from dairy producers for the presence of antibiotic drugs. A laboratory may be located in a dairy plant, dairy cooperative, receiving station, transfer station, or other place where milk samples from bulk trucks or dairy producers are collected or tested. (B) "Laboratory" shall not include a laboratory that performs quality control tests developed by the Arkansas Dairy Herd Improvement Association or any cooperative field person or plant field person who performs tests on milk quality or butterfat; and

(A) "Laboratory" means a laboratory that tests raw milk received from dairy producers for the presence of antibiotic drugs. A laboratory may be located in a dairy plant, dairy cooperative, receiving station, transfer station, or other place where milk samples from bulk trucks or dairy producers are collected or tested.

(B) "Laboratory" shall not include a laboratory that performs quality control tests developed by the Arkansas Dairy Herd Improvement Association or any cooperative field person or plant field person who performs tests on milk quality or butterfat; and

(9) "Laboratory certification program" means a program administered by the Department of Health to certify laboratories to test milk for the presence of antibiotic drugs in a manner consistent with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch.

Acts 1993, No. 701, § 1.
Ark. Code Ann. § 20-78-704 — AR Code / Title 20 / Chapter 78 / Subchapter 7 / Section 20-78-704
Freedom of Information Act - Exemption
Status: in_force

The Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program is expressly exempted from the Freedom of Information Act of 1967, § 25-19-101 et seq., and is prohibited from supplying any information by individual name or other personal identifier or in a form other than a statistical report or other appropriate form which protects the confidentiality of individuals except to any state agency or department which originally supplied the information to the program unless both the originating agency and the program grant release of this information for a specific purpose. Acts 1999, No. 1115, § 4.

The Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program is expressly exempted from the Freedom of Information Act of 1967, § 25-19-101 et seq., and is prohibited from supplying any information by individual name or other personal identifier or in a form other than a statistical report or other appropriate form which protects the confidentiality of individuals except to any state agency or department which originally supplied the information to the program unless both the originating agency and the program grant release of this information for a specific purpose.

Acts 1999, No. 1115, § 4.
Ark. Code Ann. § 20-77-507 — AR Code / Title 20 / Chapter 77 / Subchapter 5 / Section 20-77-507
List of ocular practitioners
Status: in_force

(a) When expending public money for any purpose involving human eye examinations or the care of vision or examinations for the correction or relief of any visual or muscular anomaly of the eye, any state board, agency, commission, department, or political subdivision, or any employee or member thereof, created or existing under the Arkansas Constitution or by act of the General Assembly, including public schools or other state agencies and their employees or any governmental employees who, in the performance of duty, are responsible for such expenditures, when informing a person eligible for an eye examination or a vision examination or for an examination for the correction of any visual or muscular anomaly of the eye, shall under no circumstances give, tell, or inform the eligible person by direct or indirect reference or suggestion, the name, address, or classification of any ocular practitioner, except that the eligible person shall be furnished one (1) printed list only of all ocular practitioners, with the office address of each, practicing within the State of Arkansas. (b) The list shall be broken down by counties and shall list ocular practitioners in alphabetical order by county and shall show the county in which the ocular practitioner designates that he or she maintains his or her principal office. (c) The name of the ocular practitioner shall appear only one (1) time on the list and shall show only his or her name, principal office address, and the classification or designation M.D. or O.D. or D.O., as the case may be, after each name and nothing else. (d) (1) It shall be the duty of the Department of Human Services or its successors to prepare and revise the list from time to time but not less often than each six (6) months. (2) The revised list shall be filed with the Secretary of State on March 31 and September 30 of each year. (3) No public employee shall furnish any list or inform any person who is eligible for public money by direct or indirect reference or suggestion the name, address, or classification of any ocular practitioner until the list is on file with the Secretary of State and then only in accordance with the provisions of this subchapter. (e) The list shall show only the names of those ocular practitioners who request the department to place his or her name upon the list. Once the name of the ocular practitioner is upon this list, no further request from the ocular practitioner shall be necessary. The name of any ocular practitioner shall be removed from the list upon his or her written request to the department. (f) The eligible person shall be free to choose any ocular practitioner from the list regardless of the person's place of residence or the location of the office of the ocular practitioner. Acts 1973, No. 10, § 2; A.S.A. 1947, § 83-1002.

(a) When expending public money for any purpose involving human eye examinations or the care of vision or examinations for the correction or relief of any visual or muscular anomaly of the eye, any state board, agency, commission, department, or political subdivision, or any employee or member thereof, created or existing under the Arkansas Constitution or by act of the General Assembly, including public schools or other state agencies and their employees or any governmental employees who, in the performance of duty, are responsible for such expenditures, when informing a person eligible for an eye examination or a vision examination or for an examination for the correction of any visual or muscular anomaly of the eye, shall under no circumstances give, tell, or inform the eligible person by direct or indirect reference or suggestion, the name, address, or classification of any ocular practitioner, except that the eligible person shall be furnished one (1) printed list only of all ocular practitioners, with the office address of each, practicing within the State of Arkansas.

(b) The list shall be broken down by counties and shall list ocular practitioners in alphabetical order by county and shall show the county in which the ocular practitioner designates that he or she maintains his or her principal office.

(c) The name of the ocular practitioner shall appear only one (1) time on the list and shall show only his or her name, principal office address, and the classification or designation M.D. or O.D. or D.O., as the case may be, after each name and nothing else.

(d) (1) It shall be the duty of the Department of Human Services or its successors to prepare and revise the list from time to time but not less often than each six (6) months. (2) The revised list shall be filed with the Secretary of State on March 31 and September 30 of each year. (3) No public employee shall furnish any list or inform any person who is eligible for public money by direct or indirect reference or suggestion the name, address, or classification of any ocular practitioner until the list is on file with the Secretary of State and then only in accordance with the provisions of this subchapter.

(1) It shall be the duty of the Department of Human Services or its successors to prepare and revise the list from time to time but not less often than each six (6) months.

(2) The revised list shall be filed with the Secretary of State on March 31 and September 30 of each year.

(3) No public employee shall furnish any list or inform any person who is eligible for public money by direct or indirect reference or suggestion the name, address, or classification of any ocular practitioner until the list is on file with the Secretary of State and then only in accordance with the provisions of this subchapter.

(e) The list shall show only the names of those ocular practitioners who request the department to place his or her name upon the list. Once the name of the ocular practitioner is upon this list, no further request from the ocular practitioner shall be necessary. The name of any ocular practitioner shall be removed from the list upon his or her written request to the department.

(f) The eligible person shall be free to choose any ocular practitioner from the list regardless of the person's place of residence or the location of the office of the ocular practitioner.

Acts 1973, No. 10, § 2; A.S.A. 1947, § 83-1002.
Ark. Code Ann. § 20-16-2206 — AR Code / Title 20 / Chapter 16 / Subchapter 22 / Section 20-16-2206
Penalties and sanctions
Status: in_force

(a) A person or entity that knowingly fails to comply with the provisions of this subchapter is guilty of a Class A misdemeanor. (b) A person or entity that knowingly fails to comply with the provisions of this subchapter shall be fined a civil penalty in the amount of one thousand dollars ($1,000). (c) A violation of this subchapter may be the basis for: (1) Denying an application for an initial license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession; (2) Denying an application for renewal of a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession; or (3) Revoking a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession. Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.

(a) A person or entity that knowingly fails to comply with the provisions of this subchapter is guilty of a Class A misdemeanor.

(b) A person or entity that knowingly fails to comply with the provisions of this subchapter shall be fined a civil penalty in the amount of one thousand dollars ($1,000).

(c) A violation of this subchapter may be the basis for: (1) Denying an application for an initial license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession; (2) Denying an application for renewal of a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession; or (3) Revoking a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession.

(1) Denying an application for an initial license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession;

(2) Denying an application for renewal of a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession; or

(3) Revoking a license, permit, certificate, or any other form of permission required to practice or engage in a trade, occupation, or profession.

Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 20-19-505 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-505
Caging requirements
Status: in_force

(a) (1) The possessor of a large carnivore is required to maintain the large carnivore in a cage that meets the requirements recommended by the United States Department of Agriculture or the Association of Zoos and Aquariums as in existence on January 1, 2005, for each species of large carnivore. (2) Failure to provide the caging required by this section shall result in the cancellation of the permit for personal possession. (b) Deviations from these caging requirements may be approved by the county sheriff of the county where the large carnivore is kept upon showing of good cause. Acts 2005, No. 2226, § 1.

(a) (1) The possessor of a large carnivore is required to maintain the large carnivore in a cage that meets the requirements recommended by the United States Department of Agriculture or the Association of Zoos and Aquariums as in existence on January 1, 2005, for each species of large carnivore. (2) Failure to provide the caging required by this section shall result in the cancellation of the permit for personal possession.

(1) The possessor of a large carnivore is required to maintain the large carnivore in a cage that meets the requirements recommended by the United States Department of Agriculture or the Association of Zoos and Aquariums as in existence on January 1, 2005, for each species of large carnivore.

(2) Failure to provide the caging required by this section shall result in the cancellation of the permit for personal possession.

(b) Deviations from these caging requirements may be approved by the county sheriff of the county where the large carnivore is kept upon showing of good cause.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-13-212 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-212
Additional fees
Status: in_force

(a) There is imposed an additional annual fee of one hundred dollars ($100) for the inspection and permitting of ambulances. The fee shall be collected in addition to the fee provided in § 20-13-211(5) . (b) There is imposed an annual fee of five hundred dollars ($500) for the issuance or renewal of an operational permit for an ambulance service, advanced life support rescue service, or air ambulance service. The fee required by this subsection shall be in addition to all other requirements for the issuance or renewal of an operational permit and shall be required in each county in which the ambulance service, including air ambulance services, has an operational base. (c) (1) The fees established by this section shall be collected by the Department of Health. (2) The department shall deposit the fees with the Treasurer of State, and the fees shall be credited to the Arkansas Medicaid Program Trust Fund. Acts 1995, No. 1275, § 1; 1999, No. 38, § 1.

(a) There is imposed an additional annual fee of one hundred dollars ($100) for the inspection and permitting of ambulances. The fee shall be collected in addition to the fee provided in § 20-13-211(5) .

(b) There is imposed an annual fee of five hundred dollars ($500) for the issuance or renewal of an operational permit for an ambulance service, advanced life support rescue service, or air ambulance service. The fee required by this subsection shall be in addition to all other requirements for the issuance or renewal of an operational permit and shall be required in each county in which the ambulance service, including air ambulance services, has an operational base.

(c) (1) The fees established by this section shall be collected by the Department of Health. (2) The department shall deposit the fees with the Treasurer of State, and the fees shall be credited to the Arkansas Medicaid Program Trust Fund.

(1) The fees established by this section shall be collected by the Department of Health.

(2) The department shall deposit the fees with the Treasurer of State, and the fees shall be credited to the Arkansas Medicaid Program Trust Fund.

Acts 1995, No. 1275, § 1; 1999, No. 38, § 1.
Ark. Code Ann. § 20-24-120 — AR Code / Title 20 / Chapter 24 / Section 20-24-120
Exemption
Status: in_force

Conveyances installed in private single-family dwellings shall be exempt from the testing and inspection requirements of § 20-24-112 and the permitting requirements of §§ 20-24-115 and 20-24-116 . Acts 2005, No. 1813, § 5.

Conveyances installed in private single-family dwellings shall be exempt from the testing and inspection requirements of § 20-24-112 and the permitting requirements of §§ 20-24-115 and 20-24-116 .

Acts 2005, No. 1813, § 5.
Ark. Code Ann. § 20-10-2504 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2504
Curriculum of dementia training
Status: in_force

(a) The dementia training curriculum shall include principles of person-centered dementia care including: (1) Thorough knowledge of the person with Alzheimer's disease and dementia and the person's abilities and needs; (2) Advancement of optimal functioning and quality of life; (3) Use of problem-solving approaches to care; and (4) Techniques that ensure and preserve the person's respect, values, choice, and dignity. (b) (1) A covered staff member shall be trained adequately and appropriately to best address the needs of the person served. (2) Dementia training shall be culturally competent for covered staff members and persons with Alzheimer's disease and dementia. (c) (1) A covered direct service staff member and a covered administrative staff member shall complete four (4) hours of initial training. (2) The curriculum used for the initial training shall cover the following topics: (A) Alzheimer's disease and other dementias; (B) Person-centered care; (C) Assessment and care planning; (D) Activities of daily living; and (E) Dementia-related behaviors and communication. (d) The curriculum for a covered administrative staff member for the initial training shall also cover the following additional topics: (1) Medical management information, education, and support; (2) Staffing; (3) Supportive and therapeutic environments; and (4) Transitions and coordination of services. (e) Dementia training for other covered staff members shall include, at a minimum: (1) An overview of Alzheimer's disease and other dementias; (2) Principles of person-centered care; and (3) Dementia-related communication issues. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

(a) The dementia training curriculum shall include principles of person-centered dementia care including: (1) Thorough knowledge of the person with Alzheimer's disease and dementia and the person's abilities and needs; (2) Advancement of optimal functioning and quality of life; (3) Use of problem-solving approaches to care; and (4) Techniques that ensure and preserve the person's respect, values, choice, and dignity.

(1) Thorough knowledge of the person with Alzheimer's disease and dementia and the person's abilities and needs;

(2) Advancement of optimal functioning and quality of life;

(3) Use of problem-solving approaches to care; and

(4) Techniques that ensure and preserve the person's respect, values, choice, and dignity.

(b) (1) A covered staff member shall be trained adequately and appropriately to best address the needs of the person served. (2) Dementia training shall be culturally competent for covered staff members and persons with Alzheimer's disease and dementia.

(1) A covered staff member shall be trained adequately and appropriately to best address the needs of the person served.

(2) Dementia training shall be culturally competent for covered staff members and persons with Alzheimer's disease and dementia.

(c) (1) A covered direct service staff member and a covered administrative staff member shall complete four (4) hours of initial training. (2) The curriculum used for the initial training shall cover the following topics: (A) Alzheimer's disease and other dementias; (B) Person-centered care; (C) Assessment and care planning; (D) Activities of daily living; and (E) Dementia-related behaviors and communication.

(1) A covered direct service staff member and a covered administrative staff member shall complete four (4) hours of initial training.

(2) The curriculum used for the initial training shall cover the following topics: (A) Alzheimer's disease and other dementias; (B) Person-centered care; (C) Assessment and care planning; (D) Activities of daily living; and (E) Dementia-related behaviors and communication.

(A) Alzheimer's disease and other dementias;

(B) Person-centered care;

(C) Assessment and care planning;

(D) Activities of daily living; and

(E) Dementia-related behaviors and communication.

(d) The curriculum for a covered administrative staff member for the initial training shall also cover the following additional topics: (1) Medical management information, education, and support; (2) Staffing; (3) Supportive and therapeutic environments; and (4) Transitions and coordination of services.

(1) Medical management information, education, and support;

(2) Staffing;

(3) Supportive and therapeutic environments; and

(4) Transitions and coordination of services.

(e) Dementia training for other covered staff members shall include, at a minimum: (1) An overview of Alzheimer's disease and other dementias; (2) Principles of person-centered care; and (3) Dementia-related communication issues.

(1) An overview of Alzheimer's disease and other dementias;

(2) Principles of person-centered care; and

(3) Dementia-related communication issues.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-76-709 — AR Code / Title 20 / Chapter 76 / Subchapter 7 / Section 20-76-709
Effective date
Status: in_force

This subchapter shall be effective no later than December 31, 2015. Amended by Act 2017, No. 314,§ 10, eff. 8/1/2017. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.

This subchapter shall be effective no later than December 31, 2015.

Amended by Act 2017, No. 314,§ 10, eff. 8/1/2017.

Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-77-2105 — AR Code / Title 20 / Chapter 77 / Subchapter 21 / Section 20-77-2105
Additional program integrity measures
Status: in_force

(a) Unless required under federal law, the Department of Human Services shall not: (1) Designate itself as a qualified health entity for the purpose of making presumptive eligibility determinations or for any purpose not expressly authorized by state law; (2) Accept self-attestation of income, residency, age, household composition, caretaker or relative status, or receipt of other coverage without verification before enrollment; or (3) Request authority to waive or decline to periodically check any available income-related data sources to verify eligibility. (b) When the department receives funding for Medicaid contingent on temporary maintenance of effort restrictions or, for any reason, is limited in the department's ability to unenroll individuals, such as restrictions imposed by Section 6008 of the Families First Coronavirus Response Act, Pub. L. No. 116-127, the department shall: (1) Within one hundred eighty (180) days of the expiration of the restrictions, complete a full audit in which the department shall: (A) Complete and act on eligibility reevaluations for all cases that have not had a reevaluation within the last twelve (12) months; (B) Carry out an additional check of all verification measures required in this subchapter to verify eligibility and act on the information checked; and (C) Submit a summary report of the audit to the President Pro Tempore of the Senate and Speaker of the House of Representatives; and (2) Continue to conduct reevaluations as in the normal course of business and act on such reevaluations to the fullest extent permissible under the law. Added by Act 2021, No. 780,§ 4, eff. 7/28/2021.

(a) Unless required under federal law, the Department of Human Services shall not: (1) Designate itself as a qualified health entity for the purpose of making presumptive eligibility determinations or for any purpose not expressly authorized by state law; (2) Accept self-attestation of income, residency, age, household composition, caretaker or relative status, or receipt of other coverage without verification before enrollment; or (3) Request authority to waive or decline to periodically check any available income-related data sources to verify eligibility.

(1) Designate itself as a qualified health entity for the purpose of making presumptive eligibility determinations or for any purpose not expressly authorized by state law;

(2) Accept self-attestation of income, residency, age, household composition, caretaker or relative status, or receipt of other coverage without verification before enrollment; or

(3) Request authority to waive or decline to periodically check any available income-related data sources to verify eligibility.

(b) When the department receives funding for Medicaid contingent on temporary maintenance of effort restrictions or, for any reason, is limited in the department's ability to unenroll individuals, such as restrictions imposed by Section 6008 of the Families First Coronavirus Response Act, Pub. L. No. 116-127, the department shall: (1) Within one hundred eighty (180) days of the expiration of the restrictions, complete a full audit in which the department shall: (A) Complete and act on eligibility reevaluations for all cases that have not had a reevaluation within the last twelve (12) months; (B) Carry out an additional check of all verification measures required in this subchapter to verify eligibility and act on the information checked; and (C) Submit a summary report of the audit to the President Pro Tempore of the Senate and Speaker of the House of Representatives; and (2) Continue to conduct reevaluations as in the normal course of business and act on such reevaluations to the fullest extent permissible under the law.

(1) Within one hundred eighty (180) days of the expiration of the restrictions, complete a full audit in which the department shall: (A) Complete and act on eligibility reevaluations for all cases that have not had a reevaluation within the last twelve (12) months; (B) Carry out an additional check of all verification measures required in this subchapter to verify eligibility and act on the information checked; and (C) Submit a summary report of the audit to the President Pro Tempore of the Senate and Speaker of the House of Representatives; and

(A) Complete and act on eligibility reevaluations for all cases that have not had a reevaluation within the last twelve (12) months;

(B) Carry out an additional check of all verification measures required in this subchapter to verify eligibility and act on the information checked; and

(C) Submit a summary report of the audit to the President Pro Tempore of the Senate and Speaker of the House of Representatives; and

(2) Continue to conduct reevaluations as in the normal course of business and act on such reevaluations to the fullest extent permissible under the law.

Added by Act 2021, No. 780,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 20-64-208 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-208
Preparations exempted
Status: in_force

(a) Except as otherwise in this subchapter specifically provided, this subchapter shall not apply to the following cases: (1) Administering, dispensing, or selling at retail any drug subject to this subchapter under any circumstances that the Secretary of the Department of Health determines, after reasonable notice and opportunity for hearing, not to be dangerous to the public health, or promotive of addiction-forming or addiction-sustaining results upon the user, or harmful to the public health, safety, or morals, and by order so proclaims. In arriving at his determination, the Secretary of the Department of Health shall consult with the United States Drug Enforcement Administration and give due weight to its investigations and determinations; and (2) Administering, dispensing, or selling at retail any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semisolid preparation, in one (1) avoirdupois ounce, not more than one (1) grain of codeine or of any of its salts. The exemptions authorized by this subdivision (a)(2) are subject to the following conditions: (A) That the medicinal preparation administered, dispensed, or sold contains, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone; and (B) That the preparation is administered, dispensed, purchased, and sold in good faith as a medicine and not for the purpose of evading the provisions of this subchapter. (b) Nothing in this section shall limit the quantity of codeine or of any of its salts that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal, when it is prescribed, administered, dispensed, or sold, in compliance with the general provisions of this subchapter. Amended by Act 2019, No. 910,§ 5094, eff. 7/1/2019. Acts 1937, No. 344, § 8; Pope's Dig., § 10133; Acts 1941, No. 324, § 5; 1955, No. 155, § 3; 1959, No. 250, § 2; 1965, No. 409, § 4; A.S.A. 1947, § 82-1008.

(a) Except as otherwise in this subchapter specifically provided, this subchapter shall not apply to the following cases: (1) Administering, dispensing, or selling at retail any drug subject to this subchapter under any circumstances that the Secretary of the Department of Health determines, after reasonable notice and opportunity for hearing, not to be dangerous to the public health, or promotive of addiction-forming or addiction-sustaining results upon the user, or harmful to the public health, safety, or morals, and by order so proclaims. In arriving at his determination, the Secretary of the Department of Health shall consult with the United States Drug Enforcement Administration and give due weight to its investigations and determinations; and (2) Administering, dispensing, or selling at retail any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semisolid preparation, in one (1) avoirdupois ounce, not more than one (1) grain of codeine or of any of its salts. The exemptions authorized by this subdivision (a)(2) are subject to the following conditions: (A) That the medicinal preparation administered, dispensed, or sold contains, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone; and (B) That the preparation is administered, dispensed, purchased, and sold in good faith as a medicine and not for the purpose of evading the provisions of this subchapter.

(1) Administering, dispensing, or selling at retail any drug subject to this subchapter under any circumstances that the Secretary of the Department of Health determines, after reasonable notice and opportunity for hearing, not to be dangerous to the public health, or promotive of addiction-forming or addiction-sustaining results upon the user, or harmful to the public health, safety, or morals, and by order so proclaims. In arriving at his determination, the Secretary of the Department of Health shall consult with the United States Drug Enforcement Administration and give due weight to its investigations and determinations; and

(2) Administering, dispensing, or selling at retail any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semisolid preparation, in one (1) avoirdupois ounce, not more than one (1) grain of codeine or of any of its salts. The exemptions authorized by this subdivision (a)(2) are subject to the following conditions: (A) That the medicinal preparation administered, dispensed, or sold contains, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone; and (B) That the preparation is administered, dispensed, purchased, and sold in good faith as a medicine and not for the purpose of evading the provisions of this subchapter.

(A) That the medicinal preparation administered, dispensed, or sold contains, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone; and

(B) That the preparation is administered, dispensed, purchased, and sold in good faith as a medicine and not for the purpose of evading the provisions of this subchapter.

(b) Nothing in this section shall limit the quantity of codeine or of any of its salts that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal, when it is prescribed, administered, dispensed, or sold, in compliance with the general provisions of this subchapter.

Amended by Act 2019, No. 910,§ 5094, eff. 7/1/2019.

Acts 1937, No. 344, § 8; Pope's Dig., § 10133; Acts 1941, No. 324, § 5; 1955, No. 155, § 3; 1959, No. 250, § 2; 1965, No. 409, § 4; A.S.A. 1947, § 82-1008.
Ark. Code Ann. § 20-77-807 — AR Code / Title 20 / Chapter 77 / Subchapter 8 / Section 20-77-807
Sanctions
Status: in_force

No payment may be made under this subchapter for home intravenous drug therapy service which is provided in violation of this subchapter or which jeopardizes federal financial participation. Acts 1993, No. 918, § 5.

No payment may be made under this subchapter for home intravenous drug therapy service which is provided in violation of this subchapter or which jeopardizes federal financial participation.

Acts 1993, No. 918, § 5.
Ark. Code Ann. § 20-6-118 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-118
[Repealed]
Status: repealed

Repealed by Act 2017, No. 974,§ 2, eff. 8/1/2017. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

Repealed by Act 2017, No. 974,§ 2, eff. 8/1/2017.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-10-1903 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1903
Informal dispute resolution hearing
Status: in_force

(a) Informal dispute resolution shall be conducted by the Department of Health. (b) The department shall assign all informal dispute resolution hearings to the unit or section charged with performing survey or inspection activity for hospitals and hospital-based skilled nursing facilities. Acts 2003, No. 1108, § 1.

(a) Informal dispute resolution shall be conducted by the Department of Health.

(b) The department shall assign all informal dispute resolution hearings to the unit or section charged with performing survey or inspection activity for hospitals and hospital-based skilled nursing facilities.

Acts 2003, No. 1108, § 1.
Ark. Code Ann. § 20-77-106 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-106
Medical services program for Medicaid-eligible patients of Arkansas Children's Hospital
Status: in_force

(a) The Arkansas Children's Hospital, as recognized by § 20-78-102 , is authorized to enter into agreements with the appropriate division of the Department of Human Services to establish and maintain a medical services program for Medicaid-eligible patients of the Arkansas Children's Hospital and to transfer funds to the Medical Services Fund Account pursuant to such an agreement. (b) Such an agreement between the Arkansas Children's Hospital and the appropriate division of the department shall be in compliance with federal law and shall meet the qualifications necessary for federal funds to be paid for the care of eligible patients in the Arkansas Children's Hospital. (c) The Chief Fiscal Officer of the State shall make rules for the transfer of state funds appropriated for the Arkansas Children's Hospital in order to reimburse the account for expenditures made by the appropriate division of the department in accordance with agreements made between the Arkansas Children's Hospital and the appropriate division of the department. Amended by Act 2019, No. 315,§ 2257, eff. 7/24/2019. Acts 1975 (Extended Sess., 1976), No. 1107, § 3; reen. Acts 1987, No. 1022, § 1.

(a) The Arkansas Children's Hospital, as recognized by § 20-78-102 , is authorized to enter into agreements with the appropriate division of the Department of Human Services to establish and maintain a medical services program for Medicaid-eligible patients of the Arkansas Children's Hospital and to transfer funds to the Medical Services Fund Account pursuant to such an agreement.

(b) Such an agreement between the Arkansas Children's Hospital and the appropriate division of the department shall be in compliance with federal law and shall meet the qualifications necessary for federal funds to be paid for the care of eligible patients in the Arkansas Children's Hospital.

(c) The Chief Fiscal Officer of the State shall make rules for the transfer of state funds appropriated for the Arkansas Children's Hospital in order to reimburse the account for expenditures made by the appropriate division of the department in accordance with agreements made between the Arkansas Children's Hospital and the appropriate division of the department.

Amended by Act 2019, No. 315,§ 2257, eff. 7/24/2019.

Acts 1975 (Extended Sess., 1976), No. 1107, § 3; reen. Acts 1987, No. 1022, § 1.
Ark. Code Ann. § 20-79-213 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-213
Eligibility for rehabilitation services
Status: in_force

(a) Rehabilitation services shall be provided to any individual with a disability: (1) Who is a bona fide resident of the state at the time of filing his or her application therefor and whose rehabilitation the Director of Arkansas Rehabilitation Services determines, after full investigation, can be satisfactorily achieved; or (2) Who is eligible therefor under the terms of an agreement with another state or with the United States Government. (b) However, except as otherwise provided by law or as specified in any agreement with the United States Government with respect to classes of individuals certified to the Division of Workforce Services, the following rehabilitation services shall be provided at public cost only to individuals with a disability found to require financial assistance with respect thereto: (1) Physical restoration; (2) Transportation provided for purposes other than to determine the eligibility of the individual for rehabilitation services and the nature and extent of the services necessary; (3) Occupational and business licenses; (4) Tools, equipment, initial stock and supplies, including livestock and capital advances, books, and training materials; and (5) Maintenance. Amended by Act 2019, No. 389,§ 87, eff. 7/24/2019. Acts 1955, No. 43, § 12; 1959, No. 34, § 10; A.S.A. 1947, § 80-2551.

(a) Rehabilitation services shall be provided to any individual with a disability: (1) Who is a bona fide resident of the state at the time of filing his or her application therefor and whose rehabilitation the Director of Arkansas Rehabilitation Services determines, after full investigation, can be satisfactorily achieved; or (2) Who is eligible therefor under the terms of an agreement with another state or with the United States Government.

(1) Who is a bona fide resident of the state at the time of filing his or her application therefor and whose rehabilitation the Director of Arkansas Rehabilitation Services determines, after full investigation, can be satisfactorily achieved; or

(2) Who is eligible therefor under the terms of an agreement with another state or with the United States Government.

(b) However, except as otherwise provided by law or as specified in any agreement with the United States Government with respect to classes of individuals certified to the Division of Workforce Services, the following rehabilitation services shall be provided at public cost only to individuals with a disability found to require financial assistance with respect thereto: (1) Physical restoration; (2) Transportation provided for purposes other than to determine the eligibility of the individual for rehabilitation services and the nature and extent of the services necessary; (3) Occupational and business licenses; (4) Tools, equipment, initial stock and supplies, including livestock and capital advances, books, and training materials; and (5) Maintenance.

(1) Physical restoration;

(2) Transportation provided for purposes other than to determine the eligibility of the individual for rehabilitation services and the nature and extent of the services necessary;

(3) Occupational and business licenses;

(4) Tools, equipment, initial stock and supplies, including livestock and capital advances, books, and training materials; and

(5) Maintenance.

Amended by Act 2019, No. 389,§ 87, eff. 7/24/2019.

Acts 1955, No. 43, § 12; 1959, No. 34, § 10; A.S.A. 1947, § 80-2551.
Ark. Code Ann. § 20-76-418 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-418
Foster care - Reduction in long-term care
Status: in_force

(a) It shall be the goal of the State of Arkansas to reduce the number of children who will remain in the Foster Care Program of Title IV-E of the Social Security Act under the appropriate division of the Department of Human Services. (b) The maximum number of children that can remain in care over twenty-four (24) months cannot exceed fifty-five percent (55%) of all children in the Title IV-E foster care system. (c) Each fiscal year, it shall be the goal of the State of Arkansas to reduce the maximum number of children in the state who will remain in the Title IV-E foster care system after having been in the care over twenty-four (24) months by three percent (3%) each year. (d) The appropriate division of the department is directed to develop appropriate plans which describe how the above goals will be achieved. Acts 1981, No. 246, §§ 1-3; A.S.A. 1947, §§ 83-175 -- 83-175.2.

(a) It shall be the goal of the State of Arkansas to reduce the number of children who will remain in the Foster Care Program of Title IV-E of the Social Security Act under the appropriate division of the Department of Human Services.

(b) The maximum number of children that can remain in care over twenty-four (24) months cannot exceed fifty-five percent (55%) of all children in the Title IV-E foster care system.

(c) Each fiscal year, it shall be the goal of the State of Arkansas to reduce the maximum number of children in the state who will remain in the Title IV-E foster care system after having been in the care over twenty-four (24) months by three percent (3%) each year.

(d) The appropriate division of the department is directed to develop appropriate plans which describe how the above goals will be achieved.

Acts 1981, No. 246, §§ 1-3; A.S.A. 1947, §§ 83-175 -- 83-175.2.
Ark. Code Ann. § 20-64-803 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-803
Civil immunity
Status: in_force

The prosecuting attorney, deputy prosecuting attorneys, the Prosecutor Coordinator, law enforcement officers, governing boards of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, employees of the division, governing boards of designated receiving facilities, and employees of designated receiving facilities and programs shall be immune from civil liability for performance of duties imposed by this subchapter. Amended by Act 2017, No. 913,§ 96, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 27, eff. 8/16/2013. Acts 1989 (3rd Ex. Sess.), No. 10, § 19; 1995, No. 1268, § 2; 1997, No. 1246, § 1.

The prosecuting attorney, deputy prosecuting attorneys, the Prosecutor Coordinator, law enforcement officers, governing boards of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, employees of the division, governing boards of designated receiving facilities, and employees of designated receiving facilities and programs shall be immune from civil liability for performance of duties imposed by this subchapter.

Amended by Act 2017, No. 913,§ 96, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 27, eff. 8/16/2013.

Acts 1989 (3rd Ex. Sess.), No. 10, § 19; 1995, No. 1268, § 2; 1997, No. 1246, § 1.
Ark. Code Ann. § 20-8-803 — AR Code / Title 20 / Chapter 8 / Subchapter 8 / Section 20-8-803
Definitions
Status: in_force

As used in this subchapter: (1) "Contract" means an agreement executed in compliance with this subchapter between a healthcare professional or a medical professional and the Department of Health or a governmental contractor; (2) "Governmental contractor" means the county health units, special purpose districts with healthcare responsibilities, a hospital owned and operated by a governmental entity, or any other healthcare entity designated by the department; (3) "Healthcare provider" means: (A) A free or charitable healthcare clinic qualified as exempt from federal income taxation; (B) A state or federally funded community health center; (C) A volunteer corporation or volunteer healthcare provider that delivers healthcare services to low-income patients; and (D) Other medical facilities with the primary purpose to deliver medical services or treatment to humans and that include an office maintained by a medical professional; (4) "Low-income patient" means a person who: (A) Is eligible for any category of the Arkansas Medicaid Program; or (B) Does not have health insurance and whose annual household income does not exceed three hundred percent (300%) of the federal poverty level; and (5) "Medical professional" means: (A) A physician, osteopathic physician, or optometric physician; (B) An osteopathic physician's assistant, physician's assistant, or optometric physician's assistant; (C) A chiropractic physician; (D) A podiatric physician; (E) A nurse licensed under § 17-87-101 et seq.; (F) A dentist, dental hygienist, or dental assistant; (G) A pharmacist; (H) An optometrist; (I) A therapist; (J) An addiction specialist; (K) A counselor; (L) A healthcare professional who is licensed, certified, or registered under Subtitle 3 of Title 17 of the Arkansas Code; (M) A dietitian or an individual who offers dietary services; and (N) A student enrolled in an accredited program that prepares the student for licensure in one (1) or more of the healthcare professions listed in subdivisions (5)(A)-(L) of this section. Amended by Act 2021, No. 968,§ 1, eff. 7/28/2021. Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) "Contract" means an agreement executed in compliance with this subchapter between a healthcare professional or a medical professional and the Department of Health or a governmental contractor;

(2) "Governmental contractor" means the county health units, special purpose districts with healthcare responsibilities, a hospital owned and operated by a governmental entity, or any other healthcare entity designated by the department;

(3) "Healthcare provider" means: (A) A free or charitable healthcare clinic qualified as exempt from federal income taxation; (B) A state or federally funded community health center; (C) A volunteer corporation or volunteer healthcare provider that delivers healthcare services to low-income patients; and (D) Other medical facilities with the primary purpose to deliver medical services or treatment to humans and that include an office maintained by a medical professional;

(A) A free or charitable healthcare clinic qualified as exempt from federal income taxation;

(B) A state or federally funded community health center;

(C) A volunteer corporation or volunteer healthcare provider that delivers healthcare services to low-income patients; and

(D) Other medical facilities with the primary purpose to deliver medical services or treatment to humans and that include an office maintained by a medical professional;

(4) "Low-income patient" means a person who: (A) Is eligible for any category of the Arkansas Medicaid Program; or (B) Does not have health insurance and whose annual household income does not exceed three hundred percent (300%) of the federal poverty level; and

(A) Is eligible for any category of the Arkansas Medicaid Program; or

(B) Does not have health insurance and whose annual household income does not exceed three hundred percent (300%) of the federal poverty level; and

(5) "Medical professional" means: (A) A physician, osteopathic physician, or optometric physician; (B) An osteopathic physician's assistant, physician's assistant, or optometric physician's assistant; (C) A chiropractic physician; (D) A podiatric physician; (E) A nurse licensed under § 17-87-101 et seq.; (F) A dentist, dental hygienist, or dental assistant; (G) A pharmacist; (H) An optometrist; (I) A therapist; (J) An addiction specialist; (K) A counselor; (L) A healthcare professional who is licensed, certified, or registered under Subtitle 3 of Title 17 of the Arkansas Code; (M) A dietitian or an individual who offers dietary services; and (N) A student enrolled in an accredited program that prepares the student for licensure in one (1) or more of the healthcare professions listed in subdivisions (5)(A)-(L) of this section.

(A) A physician, osteopathic physician, or optometric physician;

(B) An osteopathic physician's assistant, physician's assistant, or optometric physician's assistant;

(C) A chiropractic physician;

(D) A podiatric physician;

(E) A nurse licensed under § 17-87-101 et seq.;

(F) A dentist, dental hygienist, or dental assistant;

(G) A pharmacist;

(H) An optometrist;

(I) A therapist;

(J) An addiction specialist;

(K) A counselor;

(L) A healthcare professional who is licensed, certified, or registered under Subtitle 3 of Title 17 of the Arkansas Code;

(M) A dietitian or an individual who offers dietary services; and

(N) A student enrolled in an accredited program that prepares the student for licensure in one (1) or more of the healthcare professions listed in subdivisions (5)(A)-(L) of this section.

Amended by Act 2021, No. 968,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-19-311 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-311
Administration by Secretary of the Department of Health
Status: in_force

The Secretary of the Department of Health or his or her official representative shall have the responsibility for carrying out the provisions of this subchapter. Amended by Act 2019, No. 910,§ 5015, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 11, § 2; 1975, No. 725, § 1; A.S.A. 1947, § 82-2402.

The Secretary of the Department of Health or his or her official representative shall have the responsibility for carrying out the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 5015, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 11, § 2; 1975, No. 725, § 1; A.S.A. 1947, § 82-2402.
Ark. Code Ann. § 20-76-512 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-512
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1145,§ 5, eff. 8/16/2013. Acts 2005, No. 538, § 1.

Repealed by Act 2013, No. 1145,§ 5, eff. 8/16/2013.

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-46-304 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-304
Minimum standards - Adoption
Status: in_force

(a) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt appropriate minimum standards of performance in the delivery of mental health services by community mental health centers. (2) The standards shall include professional standards and accounting, statistical, and auditing standards. (b) In addition, the division shall adopt reasonable minimum standards and requirements for conflict-of-interest policies and purchasing procedures for community mental health centers. Amended by Act 2017, No. 913,§ 63, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 8, eff. 8/16/2013. Acts 1985, No. 786, § 1; A.S.A. 1947, § 59-317.

(a) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt appropriate minimum standards of performance in the delivery of mental health services by community mental health centers. (2) The standards shall include professional standards and accounting, statistical, and auditing standards.

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt appropriate minimum standards of performance in the delivery of mental health services by community mental health centers.

(2) The standards shall include professional standards and accounting, statistical, and auditing standards.

(b) In addition, the division shall adopt reasonable minimum standards and requirements for conflict-of-interest policies and purchasing procedures for community mental health centers.

Amended by Act 2017, No. 913,§ 63, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 8, eff. 8/16/2013.

Acts 1985, No. 786, § 1; A.S.A. 1947, § 59-317.
Ark. Code Ann. § 20-17-1104 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1104
Board of commissioners - Appointment
Status: in_force

(a) The board of commissioners of a cemetery district shall be resident property holders in the district and shall be citizens of integrity and good business ability. (b) (1) The commissioners shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years, respectively. The length of the term of each commissioner shall be stated in the order of the county court making the appointment. (2) As the terms of the commissioners expire, the county court shall appoint successors to hold office for a term of three (3) years. (c) (1) The county court may reappoint a commissioner whose term is expiring. (2) In case of a vacancy on the board of commissioners after the commissioners have organized, the county court shall appoint some resident property holder as his or her successor, who shall qualify in like manner and within a like time. (d) The commissioners shall serve without compensation. Acts 1957, No. 318, §§ 1-3; A.S.A. 1947, §§ 20-1301 -- 20-1303.

(a) The board of commissioners of a cemetery district shall be resident property holders in the district and shall be citizens of integrity and good business ability.

(b) (1) The commissioners shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years, respectively. The length of the term of each commissioner shall be stated in the order of the county court making the appointment. (2) As the terms of the commissioners expire, the county court shall appoint successors to hold office for a term of three (3) years.

(1) The commissioners shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years, respectively. The length of the term of each commissioner shall be stated in the order of the county court making the appointment.

(2) As the terms of the commissioners expire, the county court shall appoint successors to hold office for a term of three (3) years.

(c) (1) The county court may reappoint a commissioner whose term is expiring. (2) In case of a vacancy on the board of commissioners after the commissioners have organized, the county court shall appoint some resident property holder as his or her successor, who shall qualify in like manner and within a like time.

(1) The county court may reappoint a commissioner whose term is expiring.

(2) In case of a vacancy on the board of commissioners after the commissioners have organized, the county court shall appoint some resident property holder as his or her successor, who shall qualify in like manner and within a like time.

(d) The commissioners shall serve without compensation.

Acts 1957, No. 318, §§ 1-3; A.S.A. 1947, §§ 20-1301 -- 20-1303.
Ark. Code Ann. § 20-10-2104 — AR Code / Title 20 / Chapter 10 / Subchapter 21 / Section 20-10-2104
Eligibility
Status: in_force

Each individual in the following categories may be provided with an options counseling for long-term care consultation: (1) An individual admitted to a long-term care facility regardless of payment source; (2) A long-term care facility resident who applies for Medicaid; and (3) An individual who requests a long-term care consultation. Acts 2007, No. 516, § 1.

Each individual in the following categories may be provided with an options counseling for long-term care consultation:

(1) An individual admitted to a long-term care facility regardless of payment source;

(2) A long-term care facility resident who applies for Medicaid; and

(3) An individual who requests a long-term care consultation.

Acts 2007, No. 516, § 1.
Ark. Code Ann. § 20-48-1103 — AR Code / Title 20 / Chapter 48 / Subchapter 11 / Section 20-48-1103
Prerequisites for certification and licensure
Status: in_force

(a) (1) Certification and licensure are required for operation as an early intervention day treatment program. (2) Certification shall be granted on a countywide basis. (b) Before obtaining certification, an early intervention day treatment services program is required to apply to and obtain the approval of the Division of Developmental Disabilities Services to implement new early intervention day treatment services under the criteria established under this subchapter. (c) A certified early intervention day treatment services program with existing operations on July 1, 2013, shall not be required to obtain the approval of the division to continue existing operations. Amended by Act 2019, No. 1035,§ 47, eff. 7/24/2019. Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.

(a) (1) Certification and licensure are required for operation as an early intervention day treatment program. (2) Certification shall be granted on a countywide basis.

(1) Certification and licensure are required for operation as an early intervention day treatment program.

(2) Certification shall be granted on a countywide basis.

(b) Before obtaining certification, an early intervention day treatment services program is required to apply to and obtain the approval of the Division of Developmental Disabilities Services to implement new early intervention day treatment services under the criteria established under this subchapter.

(c) A certified early intervention day treatment services program with existing operations on July 1, 2013, shall not be required to obtain the approval of the division to continue existing operations.

Amended by Act 2019, No. 1035,§ 47, eff. 7/24/2019.

Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-8-802 — AR Code / Title 20 / Chapter 8 / Subchapter 8 / Section 20-8-802
Legislative purpose
Status: in_force

It is the purpose of the General Assembly to: (1) Provide and facilitate access to appropriate, safe, and cost-effective healthcare services; and (2) Maintain healthcare quality. Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.

It is the purpose of the General Assembly to:

(1) Provide and facilitate access to appropriate, safe, and cost-effective healthcare services; and

(2) Maintain healthcare quality.

Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-14-903 — AR Code / Title 20 / Chapter 14 / Subchapter 9 / Section 20-14-903
Discrimination prohibited
Status: in_force

(a) A covered entity shall not do any of the following based solely on a qualified individual's intellectual or physical disability: (1) Determine that a qualified individual is ineligible to receive an anatomical gift or organ transplant; (2) Deny medical or other services related to an anatomical gift or organ transplant, including without limitation evaluation, surgery, counseling, or post-operative treatment and services; (3) Refuse to refer a qualified individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an anatomical gift or organ transplant; (4) Refuse to place a qualified individual on an anatomical gift or organ transplant waiting list; (5) Place a qualified individual at a lower priority position on an anatomical gift or organ transplant waiting list rather than the position at which he or she would have been placed if not for his or her disability; or (6) Decline insurance coverage for a procedure associated with the receipt of the anatomical gift or an organ transplant, including without limitation post-transplantation care. (b) (1) A covered entity may take a qualified individual's disability into account when making treatment or coverage recommendations or decisions only when the physician or surgeon: (A) Conducts an individualized evaluation of the qualified individual; and (B) Finds the physical or intellectual disability of the qualified individual to be medically significant to the provision of the anatomical gift or organ transplant. (2) A qualified individual's inability to independently comply with post-transplant medical requirements is not medically significant if the qualified individual has the necessary support network to assist him or her in complying with the requirements. (c) This section does not require the referral, recommendation, or performance of a medically inappropriate organ transplant. (d) A covered entity shall: (1) Make reasonable modifications in policies, practices, and procedures when necessary to make services, including without limitation transplantation-related counseling, information, coverage, and treatment, available to qualified individuals unless the covered entity demonstrates that making the reasonable modifications would fundamentally alter the nature of the services or would result in an undue burden; (2) Ensure that a qualified individual is not denied services, including without limitation transplantation-related counseling, information, coverage, or treatment, because of the absence of auxiliary aids and services unless the covered entity demonstrates that providing auxiliary aids and services would fundamentally alter the nature of the services being offered or would result in an undue burden; and (3) Comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2021. (e) This section applies to each part of the organ transplantation process. Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.

(a) A covered entity shall not do any of the following based solely on a qualified individual's intellectual or physical disability: (1) Determine that a qualified individual is ineligible to receive an anatomical gift or organ transplant; (2) Deny medical or other services related to an anatomical gift or organ transplant, including without limitation evaluation, surgery, counseling, or post-operative treatment and services; (3) Refuse to refer a qualified individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an anatomical gift or organ transplant; (4) Refuse to place a qualified individual on an anatomical gift or organ transplant waiting list; (5) Place a qualified individual at a lower priority position on an anatomical gift or organ transplant waiting list rather than the position at which he or she would have been placed if not for his or her disability; or (6) Decline insurance coverage for a procedure associated with the receipt of the anatomical gift or an organ transplant, including without limitation post-transplantation care.

(1) Determine that a qualified individual is ineligible to receive an anatomical gift or organ transplant;

(2) Deny medical or other services related to an anatomical gift or organ transplant, including without limitation evaluation, surgery, counseling, or post-operative treatment and services;

(3) Refuse to refer a qualified individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an anatomical gift or organ transplant;

(4) Refuse to place a qualified individual on an anatomical gift or organ transplant waiting list;

(5) Place a qualified individual at a lower priority position on an anatomical gift or organ transplant waiting list rather than the position at which he or she would have been placed if not for his or her disability; or

(6) Decline insurance coverage for a procedure associated with the receipt of the anatomical gift or an organ transplant, including without limitation post-transplantation care.

(b) (1) A covered entity may take a qualified individual's disability into account when making treatment or coverage recommendations or decisions only when the physician or surgeon: (A) Conducts an individualized evaluation of the qualified individual; and (B) Finds the physical or intellectual disability of the qualified individual to be medically significant to the provision of the anatomical gift or organ transplant. (2) A qualified individual's inability to independently comply with post-transplant medical requirements is not medically significant if the qualified individual has the necessary support network to assist him or her in complying with the requirements.

(1) A covered entity may take a qualified individual's disability into account when making treatment or coverage recommendations or decisions only when the physician or surgeon: (A) Conducts an individualized evaluation of the qualified individual; and (B) Finds the physical or intellectual disability of the qualified individual to be medically significant to the provision of the anatomical gift or organ transplant.

(A) Conducts an individualized evaluation of the qualified individual; and

(B) Finds the physical or intellectual disability of the qualified individual to be medically significant to the provision of the anatomical gift or organ transplant.

(2) A qualified individual's inability to independently comply with post-transplant medical requirements is not medically significant if the qualified individual has the necessary support network to assist him or her in complying with the requirements.

(c) This section does not require the referral, recommendation, or performance of a medically inappropriate organ transplant.

(d) A covered entity shall: (1) Make reasonable modifications in policies, practices, and procedures when necessary to make services, including without limitation transplantation-related counseling, information, coverage, and treatment, available to qualified individuals unless the covered entity demonstrates that making the reasonable modifications would fundamentally alter the nature of the services or would result in an undue burden; (2) Ensure that a qualified individual is not denied services, including without limitation transplantation-related counseling, information, coverage, or treatment, because of the absence of auxiliary aids and services unless the covered entity demonstrates that providing auxiliary aids and services would fundamentally alter the nature of the services being offered or would result in an undue burden; and (3) Comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2021.

(1) Make reasonable modifications in policies, practices, and procedures when necessary to make services, including without limitation transplantation-related counseling, information, coverage, and treatment, available to qualified individuals unless the covered entity demonstrates that making the reasonable modifications would fundamentally alter the nature of the services or would result in an undue burden;

(2) Ensure that a qualified individual is not denied services, including without limitation transplantation-related counseling, information, coverage, or treatment, because of the absence of auxiliary aids and services unless the covered entity demonstrates that providing auxiliary aids and services would fundamentally alter the nature of the services being offered or would result in an undue burden; and

(3) Comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2021.

(e) This section applies to each part of the organ transplantation process.

Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 20-9-913 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-913
Confidentiality
Status: in_force

A private review agent may not disclose or publish individual medical records or any other confidential medical information obtained in the performance of utilization review activities without the appropriate procedures for protecting the patient's confidentiality. However, nothing in this subchapter shall prohibit private review agents from providing patient information to a third party whom the private review agent is affiliated with, under contract with, or acting on behalf of. Acts 1989, No. 537, § 11.

A private review agent may not disclose or publish individual medical records or any other confidential medical information obtained in the performance of utilization review activities without the appropriate procedures for protecting the patient's confidentiality. However, nothing in this subchapter shall prohibit private review agents from providing patient information to a third party whom the private review agent is affiliated with, under contract with, or acting on behalf of.

Acts 1989, No. 537, § 11.