Ark. Code Ann. § 20-76-102 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-102
Coordination of state agency service delivery
Status: in_force

(a) To ensure that all available state government resources are used to help transitional employment assistance recipients make the transition from welfare to work, each of the following state agencies and organizations shall also be required to work with the Department of Human Services in providing transitional employment assistance services: (1) The Department of Commerce; (2) The Division of Higher Education, including community colleges and the University of Arkansas Cooperative Extension Service; (3) The Division of Elementary and Secondary Education; (4) The Arkansas Development Finance Authority; (5) The Arkansas Economic Development Council; (6) The Arkansas Department of Transportation; (7) The Department of Finance and Administration, including the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; (8) The Adult Learning Alliance, Inc.; (9) The Adult Education Section; (10) The Department of Corrections; (11) The Department of Labor and Licensing; and (12) Other state agencies as directed by the Governor or as directed by the General Assembly. (b) State agencies required under subsection (a) of this section to work with the Department of Human Services in providing transitional employment assistance services to recipients shall make every effort to use financial resources in their respective budgets and to seek additional funding sources, whether private or federal, to supplement the moneys allocated by the Department of Human Services for the Transitional Employment Assistance Program. (c) All agencies of the state and local governments providing program services shall work cooperatively with and provide any necessary assistance to the General Assembly and the Arkansas Workforce Development Board and shall furnish, in a timely manner, complete and accurate information regarding the program to legislative committees and the board upon request. Amended by Act 2023, No. 832,§ 2, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 502, eff. 7/1/2019. Amended by Act 2017, No. 897,§ 14, eff. 7/1/2017. Amended by Act 2017, No. 707,§ 64, eff. 8/1/2017. Amended by Act 2015, No. 907,§ 7, eff. 7/1/2015. Acts 1987, No. 184, §§ 14, 15; 1997, No. 1058, § 3; 1999, No. 1567, §§ 4, 5; 2005, No. 1705, § 3; 2007, No. 514, § 1.

(a) To ensure that all available state government resources are used to help transitional employment assistance recipients make the transition from welfare to work, each of the following state agencies and organizations shall also be required to work with the Department of Human Services in providing transitional employment assistance services: (1) The Department of Commerce; (2) The Division of Higher Education, including community colleges and the University of Arkansas Cooperative Extension Service; (3) The Division of Elementary and Secondary Education; (4) The Arkansas Development Finance Authority; (5) The Arkansas Economic Development Council; (6) The Arkansas Department of Transportation; (7) The Department of Finance and Administration, including the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; (8) The Adult Learning Alliance, Inc.; (9) The Adult Education Section; (10) The Department of Corrections; (11) The Department of Labor and Licensing; and (12) Other state agencies as directed by the Governor or as directed by the General Assembly.

(1) The Department of Commerce;

(2) The Division of Higher Education, including community colleges and the University of Arkansas Cooperative Extension Service;

(3) The Division of Elementary and Secondary Education;

(4) The Arkansas Development Finance Authority;

(5) The Arkansas Economic Development Council;

(6) The Arkansas Department of Transportation;

(7) The Department of Finance and Administration, including the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration;

(8) The Adult Learning Alliance, Inc.;

(9) The Adult Education Section;

(10) The Department of Corrections;

(11) The Department of Labor and Licensing; and

(12) Other state agencies as directed by the Governor or as directed by the General Assembly.

(b) State agencies required under subsection (a) of this section to work with the Department of Human Services in providing transitional employment assistance services to recipients shall make every effort to use financial resources in their respective budgets and to seek additional funding sources, whether private or federal, to supplement the moneys allocated by the Department of Human Services for the Transitional Employment Assistance Program.

(c) All agencies of the state and local governments providing program services shall work cooperatively with and provide any necessary assistance to the General Assembly and the Arkansas Workforce Development Board and shall furnish, in a timely manner, complete and accurate information regarding the program to legislative committees and the board upon request.

Amended by Act 2023, No. 832,§ 2, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 502, eff. 7/1/2019.

Amended by Act 2017, No. 897,§ 14, eff. 7/1/2017.

Amended by Act 2017, No. 707,§ 64, eff. 8/1/2017.

Amended by Act 2015, No. 907,§ 7, eff. 7/1/2015.

Acts 1987, No. 184, §§ 14, 15; 1997, No. 1058, § 3; 1999, No. 1567, §§ 4, 5; 2005, No. 1705, § 3; 2007, No. 514, § 1.
Ark. Code Ann. § 20-9-301 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-301
Posting of room rates
Status: in_force

(a) All public and private hospitals located and operated in this state shall post in some conspicuous place in each patient's room the daily room rates for both a private and a semiprivate room. (b) Any hospital or person violating subsection (a) of this section shall be guilty of a violation and upon conviction shall be subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each violation. Acts 1967, No. 91, §§ 1, 2; A.S.A. 1947, §§ 82-355, 82-356; Acts 2005, No. 1994, § 105.

(a) All public and private hospitals located and operated in this state shall post in some conspicuous place in each patient's room the daily room rates for both a private and a semiprivate room.

(b) Any hospital or person violating subsection (a) of this section shall be guilty of a violation and upon conviction shall be subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each violation.

Acts 1967, No. 91, §§ 1, 2; A.S.A. 1947, §§ 82-355, 82-356; Acts 2005, No. 1994, § 105.
Ark. Code Ann. § 20-15-906 — AR Code / Title 20 / Chapter 15 / Subchapter 9 / Section 20-15-906
Report to the Department of Health required - Privileged communications
Status: in_force

(a) Reports shall be made to the Department of Health in the form and manner as may be required by the department for all persons who have been determined to have acquired immunodeficiency syndrome or who have tested positive for the presence of human immunodeficiency virus antigen or antibodies. (b) Reporting is required by the following persons: (1) Physicians; (2) Hospital infection control practitioners and the chairs of hospital infection control committees; (3) Directors of laboratories doing business in the State of Arkansas; (4) Medical directors of in-home health agencies; (5) Program directors of state agencies to whom a human immunodeficiency virus or acquired immunodeficiency syndrome diagnosis has been disclosed; (6) Nursing home medical directors; and (7) Those other persons as are required by the rules of the department. (c) Notwithstanding this section or any other law, the privileged communications provisions under §§ 17-103-107 and 17-103-108 are not repealed. Amended by Act 2019, No. 315,§ 1941, eff. 7/24/2019. Acts 1991, No. 967, §§ 1, 2; 1992 (1st Ex. Sess.), No. 72, § 5; 1999, No. 1122, § 6.

(a) Reports shall be made to the Department of Health in the form and manner as may be required by the department for all persons who have been determined to have acquired immunodeficiency syndrome or who have tested positive for the presence of human immunodeficiency virus antigen or antibodies.

(b) Reporting is required by the following persons: (1) Physicians; (2) Hospital infection control practitioners and the chairs of hospital infection control committees; (3) Directors of laboratories doing business in the State of Arkansas; (4) Medical directors of in-home health agencies; (5) Program directors of state agencies to whom a human immunodeficiency virus or acquired immunodeficiency syndrome diagnosis has been disclosed; (6) Nursing home medical directors; and (7) Those other persons as are required by the rules of the department.

(1) Physicians;

(2) Hospital infection control practitioners and the chairs of hospital infection control committees;

(3) Directors of laboratories doing business in the State of Arkansas;

(4) Medical directors of in-home health agencies;

(5) Program directors of state agencies to whom a human immunodeficiency virus or acquired immunodeficiency syndrome diagnosis has been disclosed;

(6) Nursing home medical directors; and

(7) Those other persons as are required by the rules of the department.

(c) Notwithstanding this section or any other law, the privileged communications provisions under §§ 17-103-107 and 17-103-108 are not repealed.

Amended by Act 2019, No. 315,§ 1941, eff. 7/24/2019.

Acts 1991, No. 967, §§ 1, 2; 1992 (1st Ex. Sess.), No. 72, § 5; 1999, No. 1122, § 6.
Ark. Code Ann. § 20-27-208 — AR Code / Title 20 / Chapter 27 / Subchapter 2 / Section 20-27-208
Reuse of mattresses from hospitals, hotels, etc., prohibited - Exception
Status: in_force

(a) It shall be unlawful and punishable by the provisions of this subchapter for any person, firm, or corporation, or their agents, to use or cause to be used in the manufacture or renovation of mattresses materials of any description, in whole or part, that have been used in or about any public or private hospital or sanatorium for the treatment of any infectious or contagious disease, or materials obtained from mattresses from hotels, rooming houses, boardinghouses, and other public buildings where mattresses have been used for their original purpose. (b) This section shall not prevent the use of materials as prohibited in § 20-27-209 when they have been thoroughly sterilized by a method of sterilization approved or adopted by the State Board of Health. In that event, the mattress shall be labeled as indicated in § 20-27-205 , as may apply. Acts 1927, No. 249, § 10; Pope's Dig., § 6464; A.S.A. 1947, § 82-725.

(a) It shall be unlawful and punishable by the provisions of this subchapter for any person, firm, or corporation, or their agents, to use or cause to be used in the manufacture or renovation of mattresses materials of any description, in whole or part, that have been used in or about any public or private hospital or sanatorium for the treatment of any infectious or contagious disease, or materials obtained from mattresses from hotels, rooming houses, boardinghouses, and other public buildings where mattresses have been used for their original purpose.

(b) This section shall not prevent the use of materials as prohibited in § 20-27-209 when they have been thoroughly sterilized by a method of sterilization approved or adopted by the State Board of Health. In that event, the mattress shall be labeled as indicated in § 20-27-205 , as may apply.

Acts 1927, No. 249, § 10; Pope's Dig., § 6464; A.S.A. 1947, § 82-725.
Ark. Code Ann. § 20-15-2105 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2105
Availability
Status: in_force

A manufacturer of an investigational drug, biological product, or device may, but is not required to, make its investigational drug, biological product, or device available to eligible patients under this subchapter. Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

A manufacturer of an investigational drug, biological product, or device may, but is not required to, make its investigational drug, biological product, or device available to eligible patients under this subchapter.

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-14-202 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-202
Creation - Members
Status: in_force

(a) There is created a commission to be known as the "Governor's Commission on People with Disabilities" composed of eleven (11) members appointed by the Governor, subject to confirmation by the Senate. (b) (1) Six (6) of the members shall be persons with disabilities. (2) Membership terms shall be four (4) years. (3) Vacancies shall be filled for the remainder of the term of the original appointment by the Governor. (4) Members shall receive no compensation for serving on the commission. (5) The vacancies shall be filled in the manner prescribed by law. (c) The commission shall be nonpartisan, nonprofit, and shall not engage in the dissemination of partisan principles. Amended by Act 2017, No. 540,§ 44, eff. 8/1/2017. Acts 1985, No. 911, §§ 2, 6, 8, 11; A.S.A. 1947, §§ 82-2909, 82-2913, 82-2915, 82-2917.

(a) There is created a commission to be known as the "Governor's Commission on People with Disabilities" composed of eleven (11) members appointed by the Governor, subject to confirmation by the Senate.

(b) (1) Six (6) of the members shall be persons with disabilities. (2) Membership terms shall be four (4) years. (3) Vacancies shall be filled for the remainder of the term of the original appointment by the Governor. (4) Members shall receive no compensation for serving on the commission. (5) The vacancies shall be filled in the manner prescribed by law.

(1) Six (6) of the members shall be persons with disabilities.

(2) Membership terms shall be four (4) years.

(3) Vacancies shall be filled for the remainder of the term of the original appointment by the Governor.

(4) Members shall receive no compensation for serving on the commission.

(5) The vacancies shall be filled in the manner prescribed by law.

(c) The commission shall be nonpartisan, nonprofit, and shall not engage in the dissemination of partisan principles.

Amended by Act 2017, No. 540,§ 44, eff. 8/1/2017.

Acts 1985, No. 911, §§ 2, 6, 8, 11; A.S.A. 1947, §§ 82-2909, 82-2913, 82-2915, 82-2917.
Ark. Code Ann. § 20-27-2704 — AR Code / Title 20 / Chapter 27 / Subchapter 27 / Section 20-27-2704
Bedding inspections
Status: in_force

(a) The Department of Health, at its discretion, may randomly conduct bedding and materials product tests and inspections of the premises of any bedding manufacturer, renovator, or sanitizer for the purpose of determining compliance with the provisions of this section and the department's rules adopted under this section. (b) If the department finds probable cause to believe that an article of bedding violates any provisions of this section, the department may embargo, remove, recall, condemn, destroy, or otherwise dispose of bedding found to violate any provisions of this section. (c) (1) (A) (i) The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of this section. (ii) Each day of a continuing violation constitutes a separate violation. (B) A person who violates any provision of this section commits a Class A misdemeanor. (2) The court may order restitution in addition to any other penalty provided in this subchapter. (3) The department may petition for an injunction to restrain a continuing violation of this section or a threat of a continuing violation of this section, provided such violation or threatened violation creates an immediate threat to public health and safety. (4) (A) A manufacturer, renovator, or seller that knowingly attaches to bedding or sells bedding bearing a label stating that the product is made from all new materials when the person has actual knowledge or reason to believe or suspect that such bedding is made in whole or in part from secondhand materials commits a Class A misdemeanor. (B) Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation. Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.

(a) The Department of Health, at its discretion, may randomly conduct bedding and materials product tests and inspections of the premises of any bedding manufacturer, renovator, or sanitizer for the purpose of determining compliance with the provisions of this section and the department's rules adopted under this section.

(b) If the department finds probable cause to believe that an article of bedding violates any provisions of this section, the department may embargo, remove, recall, condemn, destroy, or otherwise dispose of bedding found to violate any provisions of this section.

(c) (1) (A) (i) The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of this section. (ii) Each day of a continuing violation constitutes a separate violation. (B) A person who violates any provision of this section commits a Class A misdemeanor. (2) The court may order restitution in addition to any other penalty provided in this subchapter. (3) The department may petition for an injunction to restrain a continuing violation of this section or a threat of a continuing violation of this section, provided such violation or threatened violation creates an immediate threat to public health and safety. (4) (A) A manufacturer, renovator, or seller that knowingly attaches to bedding or sells bedding bearing a label stating that the product is made from all new materials when the person has actual knowledge or reason to believe or suspect that such bedding is made in whole or in part from secondhand materials commits a Class A misdemeanor. (B) Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation.

(1) (A) (i) The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of this section. (ii) Each day of a continuing violation constitutes a separate violation. (B) A person who violates any provision of this section commits a Class A misdemeanor.

(A) (i) The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of this section. (ii) Each day of a continuing violation constitutes a separate violation.

(i) The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of this section.

(ii) Each day of a continuing violation constitutes a separate violation.

(B) A person who violates any provision of this section commits a Class A misdemeanor.

(2) The court may order restitution in addition to any other penalty provided in this subchapter.

(3) The department may petition for an injunction to restrain a continuing violation of this section or a threat of a continuing violation of this section, provided such violation or threatened violation creates an immediate threat to public health and safety.

(4) (A) A manufacturer, renovator, or seller that knowingly attaches to bedding or sells bedding bearing a label stating that the product is made from all new materials when the person has actual knowledge or reason to believe or suspect that such bedding is made in whole or in part from secondhand materials commits a Class A misdemeanor. (B) Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation.

(A) A manufacturer, renovator, or seller that knowingly attaches to bedding or sells bedding bearing a label stating that the product is made from all new materials when the person has actual knowledge or reason to believe or suspect that such bedding is made in whole or in part from secondhand materials commits a Class A misdemeanor.

(B) Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation.

Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-22-304 — AR Code / Title 20 / Chapter 22 / Subchapter 3 / Section 20-22-304
Civil action for damages
Status: in_force

(a) Persons, firms, or corporations starting or being responsible for fires that cause damage to any other person shall make satisfaction in double damage to the party injured. (b) Damages are to be recovered by civil action. Acts 1935, No. 85, § 4; Pope's Dig., § 3052; A.S.A. 1947, § 41-1954.

(a) Persons, firms, or corporations starting or being responsible for fires that cause damage to any other person shall make satisfaction in double damage to the party injured.

(b) Damages are to be recovered by civil action.

Acts 1935, No. 85, § 4; Pope's Dig., § 3052; A.S.A. 1947, § 41-1954.
Ark. Code Ann. § 20-16-2502 — AR Code / Title 20 / Chapter 16 / Subchapter 25 / Section 20-16-2502
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Chemical abortion" means the use, provision, prescription, or dispensation of a medicine, drug, or any other substance used, provided, prescribed, or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. (B) "Chemical abortion" includes the off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol and methotrexate. (C) "Chemical abortion" does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indication; and (2) "Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman and necessitates the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.

As used in this subchapter:

(1) (A) "Chemical abortion" means the use, provision, prescription, or dispensation of a medicine, drug, or any other substance used, provided, prescribed, or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. (B) "Chemical abortion" includes the off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol and methotrexate. (C) "Chemical abortion" does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indication; and

(A) "Chemical abortion" means the use, provision, prescription, or dispensation of a medicine, drug, or any other substance used, provided, prescribed, or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child.

(B) "Chemical abortion" includes the off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol and methotrexate.

(C) "Chemical abortion" does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indication; and

(2) "Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman and necessitates the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-7-144 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-144
Prohibition on mandatory use of face mask, face shield, or other face covering
Status: in_force

(a) The General Assembly reserves the right to enact legislation regarding the mandatory use of face masks, face shields, or other face coverings. (b) A state agency or entity, a political subdivision of the state, or a state or local official shall not mandate an individual in this state to use a face mask, face shield, or other face covering. (c) The use of a face mask, face shield, or other face covering shall not be a condition for entry, education, or services. (d) If a state agency or entity, a political subdivision of the state, or a state or local official recommends that an individual in this state use a face mask, face shield, or other face covering, a state agency or entity, a political subdivision of the state, or a state or local official shall provide notice that the recommendation is not mandatory. (e) This section does not apply to a face covering requirement imposed by: (1) A private business; (2) A state-owned or state-controlled healthcare facility; (3) A facility operated by the Department of Corrections; or (4) A facility operated by the Division of Youth Services. Added by Act 2021, No. 1002,§ 2, eff. 4/28/2021.

(a) The General Assembly reserves the right to enact legislation regarding the mandatory use of face masks, face shields, or other face coverings.

(b) A state agency or entity, a political subdivision of the state, or a state or local official shall not mandate an individual in this state to use a face mask, face shield, or other face covering.

(c) The use of a face mask, face shield, or other face covering shall not be a condition for entry, education, or services.

(d) If a state agency or entity, a political subdivision of the state, or a state or local official recommends that an individual in this state use a face mask, face shield, or other face covering, a state agency or entity, a political subdivision of the state, or a state or local official shall provide notice that the recommendation is not mandatory.

(e) This section does not apply to a face covering requirement imposed by: (1) A private business; (2) A state-owned or state-controlled healthcare facility; (3) A facility operated by the Department of Corrections; or (4) A facility operated by the Division of Youth Services.

(1) A private business;

(2) A state-owned or state-controlled healthcare facility;

(3) A facility operated by the Department of Corrections; or

(4) A facility operated by the Division of Youth Services.

Added by Act 2021, No. 1002,§ 2, eff. 4/28/2021.
Ark. Code Ann. § 20-77-1902 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1902
Assessment
Status: in_force

(a) (1) An assessment is imposed on each hospital except those exempted under § 20-77-1905 for each state fiscal year in an amount calculated as a percentage of each hospital's net patient revenue. (2) The assessment rate shall be determined annually based upon the percentage of net patient revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to Medicaid under § 20-77-1904(f)(1)(C) , but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i) . (b) (1) (A) Except as set forth in subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section, for state fiscal year 2010, net patient revenue shall be determined using the data from each hospital's fiscal year 2007 Medicare Cost Report contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008. (B) If a hospital's fiscal year 2007 Medicare Cost Report is not contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008, the hospital shall submit a copy of the hospital's 2007 Medicare Cost Report to the Division of Medical Services of the Department of Human Services in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010. (C) If a hospital commenced operations after the due date for a 2007 Medicare Cost Report, the hospital shall submit its 2008 Medicare Cost Report to the division in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010. (2) For each subsequent state fiscal year, net patient revenue shall be calculated using the data from each hospital's most recent audited Medicare Cost Report available at the time of the calculation. (3) (A) If the audited cost report available under subdivision (b)(2) of this section is more than two (2) years old, the division may elect to use the most recent Medicare Cost Report available at the time of the calculation. (B) In the event that the division makes an election under subdivision (b)(3)(A) of this section, the division shall use the same Medicare Cost Report for the purposes of calculations under § 20-77-1908 . (c) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment upon hospitals or a tax or assessment measured by the income or earnings of a hospital. Amended by Act 2015, No. 1141,§ 1, eff. 7/22/2015. Acts 2009, No. 562, § 1; 2011, No. 19, § 1.

(a) (1) An assessment is imposed on each hospital except those exempted under § 20-77-1905 for each state fiscal year in an amount calculated as a percentage of each hospital's net patient revenue. (2) The assessment rate shall be determined annually based upon the percentage of net patient revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to Medicaid under § 20-77-1904(f)(1)(C) , but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i) .

(1) An assessment is imposed on each hospital except those exempted under § 20-77-1905 for each state fiscal year in an amount calculated as a percentage of each hospital's net patient revenue.

(2) The assessment rate shall be determined annually based upon the percentage of net patient revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to Medicaid under § 20-77-1904(f)(1)(C) , but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i) .

(b) (1) (A) Except as set forth in subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section, for state fiscal year 2010, net patient revenue shall be determined using the data from each hospital's fiscal year 2007 Medicare Cost Report contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008. (B) If a hospital's fiscal year 2007 Medicare Cost Report is not contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008, the hospital shall submit a copy of the hospital's 2007 Medicare Cost Report to the Division of Medical Services of the Department of Human Services in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010. (C) If a hospital commenced operations after the due date for a 2007 Medicare Cost Report, the hospital shall submit its 2008 Medicare Cost Report to the division in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010. (2) For each subsequent state fiscal year, net patient revenue shall be calculated using the data from each hospital's most recent audited Medicare Cost Report available at the time of the calculation. (3) (A) If the audited cost report available under subdivision (b)(2) of this section is more than two (2) years old, the division may elect to use the most recent Medicare Cost Report available at the time of the calculation. (B) In the event that the division makes an election under subdivision (b)(3)(A) of this section, the division shall use the same Medicare Cost Report for the purposes of calculations under § 20-77-1908 .

(1) (A) Except as set forth in subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section, for state fiscal year 2010, net patient revenue shall be determined using the data from each hospital's fiscal year 2007 Medicare Cost Report contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008. (B) If a hospital's fiscal year 2007 Medicare Cost Report is not contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008, the hospital shall submit a copy of the hospital's 2007 Medicare Cost Report to the Division of Medical Services of the Department of Human Services in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010. (C) If a hospital commenced operations after the due date for a 2007 Medicare Cost Report, the hospital shall submit its 2008 Medicare Cost Report to the division in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.

(A) Except as set forth in subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section, for state fiscal year 2010, net patient revenue shall be determined using the data from each hospital's fiscal year 2007 Medicare Cost Report contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008.

(B) If a hospital's fiscal year 2007 Medicare Cost Report is not contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008, the hospital shall submit a copy of the hospital's 2007 Medicare Cost Report to the Division of Medical Services of the Department of Human Services in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.

(C) If a hospital commenced operations after the due date for a 2007 Medicare Cost Report, the hospital shall submit its 2008 Medicare Cost Report to the division in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.

(2) For each subsequent state fiscal year, net patient revenue shall be calculated using the data from each hospital's most recent audited Medicare Cost Report available at the time of the calculation.

(3) (A) If the audited cost report available under subdivision (b)(2) of this section is more than two (2) years old, the division may elect to use the most recent Medicare Cost Report available at the time of the calculation. (B) In the event that the division makes an election under subdivision (b)(3)(A) of this section, the division shall use the same Medicare Cost Report for the purposes of calculations under § 20-77-1908 .

(A) If the audited cost report available under subdivision (b)(2) of this section is more than two (2) years old, the division may elect to use the most recent Medicare Cost Report available at the time of the calculation.

(B) In the event that the division makes an election under subdivision (b)(3)(A) of this section, the division shall use the same Medicare Cost Report for the purposes of calculations under § 20-77-1908 .

(c) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment upon hospitals or a tax or assessment measured by the income or earnings of a hospital.

Amended by Act 2015, No. 1141,§ 1, eff. 7/22/2015.

Acts 2009, No. 562, § 1; 2011, No. 19, § 1.
Ark. Code Ann. § 20-9-205 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-205
Powers and duties of State Board of Health
Status: in_force

(a) In carrying out this subchapter, the State Board of Health is empowered and directed to: (1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate the purposes of this subchapter; (2) Provide methods of administration of the Division of Health Facilities Services; (3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis; (4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private; (5) Accept on behalf of the state, and deposit with the Treasurer of State, any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out the purposes of this subchapter, and expend such funds accordingly; (6) Make an annual report to the Secretary of the Department of Health on activities and expenditures made pursuant to this subchapter; (7) Procure the services of an attorney to assist the Department of Health in any legal work involved in carrying out the duties of the Department of Health and to pay for the services on a fee-for-service or retainer basis; and (8) Prescribe and enforce such reasonable rules as are necessary to adopt a uniform billing form for hospitals within the state and to prescribe penalties for the failure or refusal to utilize and accept such forms. However, the form must be acceptable by Medicare and its intermediaries within the state and consistent with the form adopted at the federal level by Medicare and the National Uniform Billing Committee. (b) The Department of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter. The rules and standards shall be modified, amended, or rescinded, from time to time, by the Department of Health as may be in the public interest. Amended by Act 2019, No. 315,§ 1830, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1829, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1828, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4969, eff. 7/1/2019. Acts 1961, No. 414, §§ 4, 28; 1983, No. 273, § 1; A.S.A. 1947, §§ 82-330, 82-354.

(a) In carrying out this subchapter, the State Board of Health is empowered and directed to: (1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate the purposes of this subchapter; (2) Provide methods of administration of the Division of Health Facilities Services; (3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis; (4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private; (5) Accept on behalf of the state, and deposit with the Treasurer of State, any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out the purposes of this subchapter, and expend such funds accordingly; (6) Make an annual report to the Secretary of the Department of Health on activities and expenditures made pursuant to this subchapter; (7) Procure the services of an attorney to assist the Department of Health in any legal work involved in carrying out the duties of the Department of Health and to pay for the services on a fee-for-service or retainer basis; and (8) Prescribe and enforce such reasonable rules as are necessary to adopt a uniform billing form for hospitals within the state and to prescribe penalties for the failure or refusal to utilize and accept such forms. However, the form must be acceptable by Medicare and its intermediaries within the state and consistent with the form adopted at the federal level by Medicare and the National Uniform Billing Committee.

(1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate the purposes of this subchapter;

(2) Provide methods of administration of the Division of Health Facilities Services;

(3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis;

(4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private;

(5) Accept on behalf of the state, and deposit with the Treasurer of State, any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out the purposes of this subchapter, and expend such funds accordingly;

(6) Make an annual report to the Secretary of the Department of Health on activities and expenditures made pursuant to this subchapter;

(7) Procure the services of an attorney to assist the Department of Health in any legal work involved in carrying out the duties of the Department of Health and to pay for the services on a fee-for-service or retainer basis; and

(8) Prescribe and enforce such reasonable rules as are necessary to adopt a uniform billing form for hospitals within the state and to prescribe penalties for the failure or refusal to utilize and accept such forms. However, the form must be acceptable by Medicare and its intermediaries within the state and consistent with the form adopted at the federal level by Medicare and the National Uniform Billing Committee.

(b) The Department of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter. The rules and standards shall be modified, amended, or rescinded, from time to time, by the Department of Health as may be in the public interest.

Amended by Act 2019, No. 315,§ 1830, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1829, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1828, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4969, eff. 7/1/2019.

Acts 1961, No. 414, §§ 4, 28; 1983, No. 273, § 1; A.S.A. 1947, §§ 82-330, 82-354.
Ark. Code Ann. § 20-24-103 — AR Code / Title 20 / Chapter 24 / Section 20-24-103
Penalties - Prosecution of violations
Status: in_force

(a) (1) A person, owner, lessee, partnership, association, corporation, licensee, or inspector who violates this chapter or a rule adopted by the Elevator Safety Board is subject to a civil fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for each offense. (2) Each day during which a violation continues shall be a separate offense. (b) An action for recovery of the penalties provided by this section shall be instituted by the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative and shall be in the form of a civil action before a court of competent jurisdiction. (c) In addition to the penalties in subsection (a) of this section, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may petition a court of competent jurisdiction to enjoin or restrain violations of this chapter or a rule adopted by the board. Amended by Act 2019, No. 910,§ 5467, eff. 7/1/2019. Amended by Act 2017, No. 968,§ 1, eff. 8/1/2017. Acts 1963, No. 189, §§ 15, 16; 1977, No. 539, § 7; A.S.A. 1947, §§ 82-1815, 82-1816; Acts 1991, No. 1063, § 1.

(a) (1) A person, owner, lessee, partnership, association, corporation, licensee, or inspector who violates this chapter or a rule adopted by the Elevator Safety Board is subject to a civil fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for each offense. (2) Each day during which a violation continues shall be a separate offense.

(1) A person, owner, lessee, partnership, association, corporation, licensee, or inspector who violates this chapter or a rule adopted by the Elevator Safety Board is subject to a civil fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for each offense.

(2) Each day during which a violation continues shall be a separate offense.

(b) An action for recovery of the penalties provided by this section shall be instituted by the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative and shall be in the form of a civil action before a court of competent jurisdiction.

(c) In addition to the penalties in subsection (a) of this section, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may petition a court of competent jurisdiction to enjoin or restrain violations of this chapter or a rule adopted by the board.

Amended by Act 2019, No. 910,§ 5467, eff. 7/1/2019.

Amended by Act 2017, No. 968,§ 1, eff. 8/1/2017.

Acts 1963, No. 189, §§ 15, 16; 1977, No. 539, § 7; A.S.A. 1947, §§ 82-1815, 82-1816; Acts 1991, No. 1063, § 1.
Ark. Code Ann. § 20-17-1401 — AR Code / Title 20 / Chapter 17 / Subchapter 14 / Section 20-17-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Missing in America Project Act". Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Missing in America Project Act".

Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-64-911 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-911
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 72, eff. 7/24/2019. Amended by Act 2016EX3, No. 3,§ 45, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 45, eff. 5/23/2016. Amended by Act 2013, No. 1132,§ 39, eff. 8/16/2013. Acts 2003, No. 1457, § 2.

Repealed by Act 2019, No. 389,§ 72, eff. 7/24/2019.

Amended by Act 2016EX3, No. 3,§ 45, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 45, eff. 5/23/2016.

Amended by Act 2013, No. 1132,§ 39, eff. 8/16/2013.

Acts 2003, No. 1457, § 2.
Ark. Code Ann. § 20-78-903 — AR Code / Title 20 / Chapter 78 / Subchapter 9 / Section 20-78-903
[Repealed]
Status: repealed

Repealed without reference to the amendment by Act 2017, No. 897 by Act 2017, No. 896,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 897,§ 17, eff. 7/1/2017. Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.

Repealed without reference to the amendment by Act 2017, No. 897 by Act 2017, No. 896,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 897,§ 17, eff. 7/1/2017.

Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.
Ark. Code Ann. § 20-77-1303 — AR Code / Title 20 / Chapter 77 / Subchapter 13 / Section 20-77-1303
Definitions
Status: in_force

As used in this subchapter, the following terms shall have the following meanings: (1) "Administrative adjudication" means adjudication and the adjudication process contained in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) "Claim" includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against medical assistance programs funds for payment. A claim may be based on costs or projected costs and includes any entry or omission in a cost report or similar document, book of account, or any other document which supports, or attempts to support, the claim. A claim may be made through electronic means if authorized by the Department of Human Services. Each claim may be treated as a separate claim or several claims may be combined to form one (1) claim; (3) [Repealed.] (4) "Healthcare provider" means any person furnishing or claiming to furnish a good, service, or supply under the medical assistance programs, any other person defined as a healthcare provider by federal or state law or rule, and a provider-in-fact; (5) "Medical assistance programs" means the Medical Assistance Program, Title XIX of the Social Security Act, commonly referred to as "Medicaid", and other programs operated by and funded in the department which provide payment to persons or entities providing any good, service, or supply to a recipient; (6) "Order" means a final order imposed pursuant to an administrative adjudication; (7) "Payment" means the payment to a healthcare provider from medical assistance programs funds pursuant to a claim, or the attempt to seek payment for a claim; (8) "Recoupment" means recovery through the reduction, in whole or in part, of payment to a healthcare provider; (9) "Rule" means any rule promulgated by the department in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and any federal rule or regulation promulgated by the United States Government in accordance with federal law; and (10) "Withhold payment" means to reduce or adjust the amount, in whole or in part, to be paid to a healthcare provider for a pending or future claim during the time of a criminal, civil, or departmental investigation or proceeding or claims review of the healthcare provider. Amended by Act 2019, No. 315,§ 2267, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5231, eff. 7/1/2019. Amended by Act 2019, No. 389,§ 76, eff. 7/24/2019. Acts 1999, No. 1544, § 3.

As used in this subchapter, the following terms shall have the following meanings:

(1) "Administrative adjudication" means adjudication and the adjudication process contained in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(2) "Claim" includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against medical assistance programs funds for payment. A claim may be based on costs or projected costs and includes any entry or omission in a cost report or similar document, book of account, or any other document which supports, or attempts to support, the claim. A claim may be made through electronic means if authorized by the Department of Human Services. Each claim may be treated as a separate claim or several claims may be combined to form one (1) claim;

(3) [Repealed.]

(4) "Healthcare provider" means any person furnishing or claiming to furnish a good, service, or supply under the medical assistance programs, any other person defined as a healthcare provider by federal or state law or rule, and a provider-in-fact;

(5) "Medical assistance programs" means the Medical Assistance Program, Title XIX of the Social Security Act, commonly referred to as "Medicaid", and other programs operated by and funded in the department which provide payment to persons or entities providing any good, service, or supply to a recipient;

(6) "Order" means a final order imposed pursuant to an administrative adjudication;

(7) "Payment" means the payment to a healthcare provider from medical assistance programs funds pursuant to a claim, or the attempt to seek payment for a claim;

(8) "Recoupment" means recovery through the reduction, in whole or in part, of payment to a healthcare provider;

(9) "Rule" means any rule promulgated by the department in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and any federal rule or regulation promulgated by the United States Government in accordance with federal law; and

(10) "Withhold payment" means to reduce or adjust the amount, in whole or in part, to be paid to a healthcare provider for a pending or future claim during the time of a criminal, civil, or departmental investigation or proceeding or claims review of the healthcare provider.

Amended by Act 2019, No. 315,§ 2267, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5231, eff. 7/1/2019.

Amended by Act 2019, No. 389,§ 76, eff. 7/24/2019.

Acts 1999, No. 1544, § 3.
Ark. Code Ann. § 20-78-703 — AR Code / Title 20 / Chapter 78 / Subchapter 7 / Section 20-78-703
Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council
Status: in_force

(a) There is created the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council. (b) The council shall consist of eleven (11) members to be appointed by the Governor as follows: (1) Three (3) members from the Department of Health to be appointed by the Governor after consulting the Secretary of the Department of Health and subject to confirmation by the Senate; (2) Two (2) members from the College of Medicine of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate; (3) One (1) member from the College of Nursing of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Nursing of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate; (4) One (1) member from the Arkansas Nurses Association; (5) One (1) member from the School of Social Work of the University of Arkansas at Little Rock to be appointed by the Governor after consulting the Director of the School of Social Work of the University of Arkansas at Little Rock and subject to confirmation by the Senate; (6) One (1) member from the Division of Child Care and Early Childhood Education; and (7) Two (2) members from the public at large, at least one (1) of whom shall be active in child advocacy within the state and one (1) of whom shall be African-American. (c) The Director of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program shall serve as an ex officio member of the council. (d) Members shall be appointed for three-year staggered terms. The staggered terms shall be assigned by lot. The terms shall commence on January 15 of each year. (e) In the event of a vacancy of one (1) of the members appointed by the Governor for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor, and that person shall possess the same qualifications as are required for initial appointment. (f) Members of the council shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with § 25-16-902 to be paid by the department. (g) The council shall hold its first meeting during January 2000 at a place and time designated by the Governor. (h) At the initial organizational meeting of the council, the members shall elect from among their number a chair and vice chair. Annually thereafter, a meeting shall be held to elect the Chair of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council and the Vice Chair of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council. (i) (1) Quarterly meetings of the council shall be held. (2) Special meetings may be called by the chair or as provided by the rules of the council. (j) The council shall monitor the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program as needed to ensure that the program is implemented according to the program training requirements, program protocols, program management information systems, and program evaluation requirements established by the department. The council shall evaluate the overall implementation of the program and include the evaluation, along with any recommendations concerning the selected entities or changes in the program training requirements, program protocols, program management information systems, or program evaluation requirements in the annual report submitted to the department. (k) The program staff shall submit a written status report annually to the council. Amended by Act 2019, No. 910,§ 5105, eff. 7/1/2019. Amended by Act 2017, No. 897,§ 15, eff. 7/1/2017. Amended by Act 2015, No. 1100,§ 54, eff. 7/22/2015. Acts 1999, No. 1115, § 3; 2001, No. 237, § 2.

(a) There is created the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council.

(b) The council shall consist of eleven (11) members to be appointed by the Governor as follows: (1) Three (3) members from the Department of Health to be appointed by the Governor after consulting the Secretary of the Department of Health and subject to confirmation by the Senate; (2) Two (2) members from the College of Medicine of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate; (3) One (1) member from the College of Nursing of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Nursing of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate; (4) One (1) member from the Arkansas Nurses Association; (5) One (1) member from the School of Social Work of the University of Arkansas at Little Rock to be appointed by the Governor after consulting the Director of the School of Social Work of the University of Arkansas at Little Rock and subject to confirmation by the Senate; (6) One (1) member from the Division of Child Care and Early Childhood Education; and (7) Two (2) members from the public at large, at least one (1) of whom shall be active in child advocacy within the state and one (1) of whom shall be African-American.

(1) Three (3) members from the Department of Health to be appointed by the Governor after consulting the Secretary of the Department of Health and subject to confirmation by the Senate;

(2) Two (2) members from the College of Medicine of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate;

(3) One (1) member from the College of Nursing of the University of Arkansas for Medical Sciences to be appointed by the Governor after consulting the Dean of the College of Nursing of the University of Arkansas for Medical Sciences and subject to confirmation by the Senate;

(4) One (1) member from the Arkansas Nurses Association;

(5) One (1) member from the School of Social Work of the University of Arkansas at Little Rock to be appointed by the Governor after consulting the Director of the School of Social Work of the University of Arkansas at Little Rock and subject to confirmation by the Senate;

(6) One (1) member from the Division of Child Care and Early Childhood Education; and

(7) Two (2) members from the public at large, at least one (1) of whom shall be active in child advocacy within the state and one (1) of whom shall be African-American.

(c) The Director of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program shall serve as an ex officio member of the council.

(d) Members shall be appointed for three-year staggered terms. The staggered terms shall be assigned by lot. The terms shall commence on January 15 of each year.

(e) In the event of a vacancy of one (1) of the members appointed by the Governor for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor, and that person shall possess the same qualifications as are required for initial appointment.

(f) Members of the council shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with § 25-16-902 to be paid by the department.

(g) The council shall hold its first meeting during January 2000 at a place and time designated by the Governor.

(h) At the initial organizational meeting of the council, the members shall elect from among their number a chair and vice chair. Annually thereafter, a meeting shall be held to elect the Chair of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council and the Vice Chair of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council.

(i) (1) Quarterly meetings of the council shall be held. (2) Special meetings may be called by the chair or as provided by the rules of the council.

(1) Quarterly meetings of the council shall be held.

(2) Special meetings may be called by the chair or as provided by the rules of the council.

(j) The council shall monitor the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program as needed to ensure that the program is implemented according to the program training requirements, program protocols, program management information systems, and program evaluation requirements established by the department. The council shall evaluate the overall implementation of the program and include the evaluation, along with any recommendations concerning the selected entities or changes in the program training requirements, program protocols, program management information systems, or program evaluation requirements in the annual report submitted to the department.

(k) The program staff shall submit a written status report annually to the council.

Amended by Act 2019, No. 910,§ 5105, eff. 7/1/2019.

Amended by Act 2017, No. 897,§ 15, eff. 7/1/2017.

Amended by Act 2015, No. 1100,§ 54, eff. 7/22/2015.

Acts 1999, No. 1115, § 3; 2001, No. 237, § 2.
Ark. Code Ann. § 20-77-2103 — AR Code / Title 20 / Chapter 77 / Subchapter 21 / Section 20-77-2103
[Repealed]
Status: repealed

Repealed by Act 2017EX1, No. 6,§ 9, eff. 5/4/2017. Added by Act 2013, No. 1265,§ 1, eff. 8/16/2013. Repealed by Act 2017EX1, No. 3,§ 9, eff. 5/4/2017.

Repealed by Act 2017EX1, No. 6,§ 9, eff. 5/4/2017.

Added by Act 2013, No. 1265,§ 1, eff. 8/16/2013.

Repealed by Act 2017EX1, No. 3,§ 9, eff. 5/4/2017.
Ark. Code Ann. § 20-80-310 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-310
Funding - Notification by General Assembly - Application
Status: in_force

(a) Whenever the General Assembly has appropriated funds in order to make payments to officially recognized community action agencies as authorized in this subchapter, the appropriate division of the Department of Human Services shall notify the respective governing boards of the agencies of the amount allocated to the agencies as provided in § 20-80-308 [repealed] and shall notify the respective boards that application for the funds may be made upon forms provided therefor by the appropriate division. (b) Upon the receipt of application for the funds, the appropriate division shall determine that the following conditions have been met before disbursing the payments: (1) The community action organization is an officially recognized community action agency, in accordance with §§ 20-80-305 and 20-80-306 and has been constituted in accordance with § 20-80-307(c) ; and (2) The agency board of directors shall certify that a proposed budget has been established for the expenditure of state funds for purposes consistent with the purpose of this subchapter. (c) At the end of each fiscal year, an audited report of each community action agency shall be submitted to the appropriate division. (d) Any amounts of state funds unexpended or unobligated by June 30 shall be returned by the agency to the State Treasury. (e) If any community action agency shall have expended any state funds for any purpose not within the purpose and intent of this subchapter, that amount shall be reimbursed by the agency to the State of Arkansas before any additional payments may be made to the agency. Acts 1985, No. 345, § 6; A.S.A. 1947, § 83-1112.

(a) Whenever the General Assembly has appropriated funds in order to make payments to officially recognized community action agencies as authorized in this subchapter, the appropriate division of the Department of Human Services shall notify the respective governing boards of the agencies of the amount allocated to the agencies as provided in § 20-80-308 [repealed] and shall notify the respective boards that application for the funds may be made upon forms provided therefor by the appropriate division.

(b) Upon the receipt of application for the funds, the appropriate division shall determine that the following conditions have been met before disbursing the payments: (1) The community action organization is an officially recognized community action agency, in accordance with §§ 20-80-305 and 20-80-306 and has been constituted in accordance with § 20-80-307(c) ; and (2) The agency board of directors shall certify that a proposed budget has been established for the expenditure of state funds for purposes consistent with the purpose of this subchapter.

(1) The community action organization is an officially recognized community action agency, in accordance with §§ 20-80-305 and 20-80-306 and has been constituted in accordance with § 20-80-307(c) ; and

(2) The agency board of directors shall certify that a proposed budget has been established for the expenditure of state funds for purposes consistent with the purpose of this subchapter.

(c) At the end of each fiscal year, an audited report of each community action agency shall be submitted to the appropriate division.

(d) Any amounts of state funds unexpended or unobligated by June 30 shall be returned by the agency to the State Treasury.

(e) If any community action agency shall have expended any state funds for any purpose not within the purpose and intent of this subchapter, that amount shall be reimbursed by the agency to the State of Arkansas before any additional payments may be made to the agency.

Acts 1985, No. 345, § 6; A.S.A. 1947, § 83-1112.
Ark. Code Ann. § 20-3-109 — AR Code / Title 20 / Chapter 3 / Section 20-3-109
Naming of designated beneficiary and transfers of ABLE accounts
Status: in_force

(a) An ABLE account owner shall have the right to name the designated beneficiary of an ABLE account and at any time to change the designated beneficiary of an ABLE account to an eligible individual who is a member of the family of the former designated beneficiary. (b) At the direction of an ABLE account owner, all or a portion of an ABLE account may be transferred to another ABLE account whose designated beneficiary is a member of the family of the designated beneficiary of the transferee ABLE account if the transferee ABLE account was created by this chapter or in accordance with an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295. (c) (1) Unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an account may be transferred to: (A) The estate of a designated beneficiary; or (B) An account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary. (2) An agency or instrumentality of the state shall not seek payment under 26 U.S.C. § 529A(f) , as in effect on January 1, 2019, from the account or its proceeds for benefits provided to a designated beneficiary. Amended by Act 2019, No. 59,§ 1, eff. 7/24/2019. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

(a) An ABLE account owner shall have the right to name the designated beneficiary of an ABLE account and at any time to change the designated beneficiary of an ABLE account to an eligible individual who is a member of the family of the former designated beneficiary.

(b) At the direction of an ABLE account owner, all or a portion of an ABLE account may be transferred to another ABLE account whose designated beneficiary is a member of the family of the designated beneficiary of the transferee ABLE account if the transferee ABLE account was created by this chapter or in accordance with an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.

(c) (1) Unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an account may be transferred to: (A) The estate of a designated beneficiary; or (B) An account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary. (2) An agency or instrumentality of the state shall not seek payment under 26 U.S.C. § 529A(f) , as in effect on January 1, 2019, from the account or its proceeds for benefits provided to a designated beneficiary.

(1) Unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an account may be transferred to: (A) The estate of a designated beneficiary; or (B) An account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary.

(A) The estate of a designated beneficiary; or

(B) An account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary.

(2) An agency or instrumentality of the state shall not seek payment under 26 U.S.C. § 529A(f) , as in effect on January 1, 2019, from the account or its proceeds for benefits provided to a designated beneficiary.

Amended by Act 2019, No. 59,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-3-110 — AR Code / Title 20 / Chapter 3 / Section 20-3-110
Prohibitions
Status: in_force

(a) Total contributions to the ABLE account established on behalf of a particular designated beneficiary in excess of those reasonably necessary to meet the designated beneficiary's qualified disability expenses are prohibited. (b) (1) An ABLE account or a legal or beneficial interest in an ABLE account shall not be assignable, pledged, or otherwise used to secure or obtain a loan or other advancement. (2) An ABLE account or a legal or beneficial interest in an ABLE account is not subject to attachment, levy, or execution by a creditor of an ABLE account owner or designated beneficiary. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

(a) Total contributions to the ABLE account established on behalf of a particular designated beneficiary in excess of those reasonably necessary to meet the designated beneficiary's qualified disability expenses are prohibited.

(b) (1) An ABLE account or a legal or beneficial interest in an ABLE account shall not be assignable, pledged, or otherwise used to secure or obtain a loan or other advancement. (2) An ABLE account or a legal or beneficial interest in an ABLE account is not subject to attachment, levy, or execution by a creditor of an ABLE account owner or designated beneficiary.

(1) An ABLE account or a legal or beneficial interest in an ABLE account shall not be assignable, pledged, or otherwise used to secure or obtain a loan or other advancement.

(2) An ABLE account or a legal or beneficial interest in an ABLE account is not subject to attachment, levy, or execution by a creditor of an ABLE account owner or designated beneficiary.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-76-209 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-209
Payment of certain contributions and withholdings by Department of Human Services generally
Status: in_force

(a) The appropriate division of the Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Law, the Workers' Compensation Law, § 11-9-101 et seq., and the Division of Workforce Services Law, § 11-10-101 et seq., in all cases wherein the recipient has been determined to be the employer of the provider and, as such, required to withhold an amount from the employee's wage and contribute an amount based upon the wages under the provisions of the above enumerated acts. (b) The appropriate division shall report, pay, or contribute the amounts from the appropriation for paying grants under the program concerned. Amended by Act 2019, No. 910,§ 509, eff. 7/1/2019. Acts 1985, No. 649, § 24; A.S.A. 1947, § 83-102.2.

(a) The appropriate division of the Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Law, the Workers' Compensation Law, § 11-9-101 et seq., and the Division of Workforce Services Law, § 11-10-101 et seq., in all cases wherein the recipient has been determined to be the employer of the provider and, as such, required to withhold an amount from the employee's wage and contribute an amount based upon the wages under the provisions of the above enumerated acts.

(b) The appropriate division shall report, pay, or contribute the amounts from the appropriation for paying grants under the program concerned.

Amended by Act 2019, No. 910,§ 509, eff. 7/1/2019.

Acts 1985, No. 649, § 24; A.S.A. 1947, § 83-102.2.
Ark. Code Ann. § 20-86-107 — AR Code / Title 20 / Chapter 86 / Section 20-86-107
Individual development account - Purpose
Status: in_force

(a) Individual development accounts may be used for any of the following qualified purposes: (1) Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time home buyer or the costs of major repairs or improvements to a qualified principal residence, if paid directly to the persons to whom the amounts are due; (2) Amounts paid directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses consistent with a qualified plan; (3) Postsecondary educational expenses paid directly to an eligible educational institution; (4) Amounts paid directly to an individual retirement account or education individual retirement account established pursuant to federal law in the name of the individual development account holder or an immediate family member thereof; (5) Qualified acquisition costs with respect to the purchase of an automobile or costs of repair of an automobile, if paid directly to a licensed automobile dealer or repair shop. Such a purpose cannot be the sole purpose of the individual development account. Participants must also save for another approved purpose; and (6) Qualified emergency withdrawals. (b) However, Temporary Assistance for Needy Families matching funds shall only be used for the purposes set forth in subdivisions (a)(1)-(3) of this section. Acts 1999, No. 1217, § 7.

(a) Individual development accounts may be used for any of the following qualified purposes: (1) Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time home buyer or the costs of major repairs or improvements to a qualified principal residence, if paid directly to the persons to whom the amounts are due; (2) Amounts paid directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses consistent with a qualified plan; (3) Postsecondary educational expenses paid directly to an eligible educational institution; (4) Amounts paid directly to an individual retirement account or education individual retirement account established pursuant to federal law in the name of the individual development account holder or an immediate family member thereof; (5) Qualified acquisition costs with respect to the purchase of an automobile or costs of repair of an automobile, if paid directly to a licensed automobile dealer or repair shop. Such a purpose cannot be the sole purpose of the individual development account. Participants must also save for another approved purpose; and (6) Qualified emergency withdrawals.

(1) Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time home buyer or the costs of major repairs or improvements to a qualified principal residence, if paid directly to the persons to whom the amounts are due;

(2) Amounts paid directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses consistent with a qualified plan;

(3) Postsecondary educational expenses paid directly to an eligible educational institution;

(4) Amounts paid directly to an individual retirement account or education individual retirement account established pursuant to federal law in the name of the individual development account holder or an immediate family member thereof;

(5) Qualified acquisition costs with respect to the purchase of an automobile or costs of repair of an automobile, if paid directly to a licensed automobile dealer or repair shop. Such a purpose cannot be the sole purpose of the individual development account. Participants must also save for another approved purpose; and

(6) Qualified emergency withdrawals.

(b) However, Temporary Assistance for Needy Families matching funds shall only be used for the purposes set forth in subdivisions (a)(1)-(3) of this section.

Acts 1999, No. 1217, § 7.
Ark. Code Ann. § 20-27-1804 — AR Code / Title 20 / Chapter 27 / Subchapter 18 / Section 20-27-1804
Prohibitions on smoking
Status: in_force

(a) Effective July 21, 2006, smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the state, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state. (b) (1) Smoking is prohibited in all public places and enclosed areas within places of employment, including, but not limited to: (A) Common work areas; (B) Auditoriums; (C) Classrooms; (D) Conference and meeting rooms; (E) Private offices; (F) Elevators; (G) Hallways; (H) Healthcare facilities; (I) Cafeterias; (J) Employee lounges; (K) Stairs; (L) Restrooms; and (M) All other enclosed areas. (2) An individual, a person, an entity, or a business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, an entity, or a business or to an enforcement authority. (3) The prohibitions on smoking in this section and the provisions of subdivision (b)(2) of this section shall be communicated to all current employees by their employer within thirty (30) days of July 21, 2006, and to each prospective employee upon application for employment. Acts 2006 (1st Ex. Sess.), No. 8, § 1.

(a) Effective July 21, 2006, smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the state, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.

(b) (1) Smoking is prohibited in all public places and enclosed areas within places of employment, including, but not limited to: (A) Common work areas; (B) Auditoriums; (C) Classrooms; (D) Conference and meeting rooms; (E) Private offices; (F) Elevators; (G) Hallways; (H) Healthcare facilities; (I) Cafeterias; (J) Employee lounges; (K) Stairs; (L) Restrooms; and (M) All other enclosed areas. (2) An individual, a person, an entity, or a business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, an entity, or a business or to an enforcement authority. (3) The prohibitions on smoking in this section and the provisions of subdivision (b)(2) of this section shall be communicated to all current employees by their employer within thirty (30) days of July 21, 2006, and to each prospective employee upon application for employment.

(1) Smoking is prohibited in all public places and enclosed areas within places of employment, including, but not limited to: (A) Common work areas; (B) Auditoriums; (C) Classrooms; (D) Conference and meeting rooms; (E) Private offices; (F) Elevators; (G) Hallways; (H) Healthcare facilities; (I) Cafeterias; (J) Employee lounges; (K) Stairs; (L) Restrooms; and (M) All other enclosed areas.

(A) Common work areas;

(B) Auditoriums;

(C) Classrooms;

(D) Conference and meeting rooms;

(E) Private offices;

(F) Elevators;

(G) Hallways;

(H) Healthcare facilities;

(I) Cafeterias;

(J) Employee lounges;

(K) Stairs;

(L) Restrooms; and

(M) All other enclosed areas.

(2) An individual, a person, an entity, or a business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, an entity, or a business or to an enforcement authority.

(3) The prohibitions on smoking in this section and the provisions of subdivision (b)(2) of this section shall be communicated to all current employees by their employer within thirty (30) days of July 21, 2006, and to each prospective employee upon application for employment.

Acts 2006 (1st Ex. Sess.), No. 8, § 1.
Ark. Code Ann. § 20-7-408 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-408
Disposition of certain fees
Status: in_force

(a) (1) Except as set forth in this subchapter, all fee revenues shall be treated as cash funds and shall not be deposited into the State Treasury, but shall be deposited as and when received into a bank or banks approved by the State Board of Health or the Secretary of the Department of Health in an account or accounts of the board designated the "State Board of Health Laboratory Revenue Fund". (2) So long as the loan is outstanding, all moneys in the State Board of Health Laboratory Revenue Fund shall not be subject to the provisions of §§ 19-4-801 - 19-4-803 , § 19-4-804 [repealed], § 19-4-805 , and § 19-4-806 and shall be deposited, handled, and disbursed as set forth in this subchapter. (b) Moneys held in the State Board of Health Laboratory Revenue Fund shall be withdrawn and deposited no less frequently than bimonthly as follows and in the following order of priority: (1) An annual amount sufficient to provide for principal, interest, servicing fees, and reserve requirements with respect to the loan but not to exceed two million six hundred thousand dollars ($2,600,000) per fiscal year: (A) Before the commencement of the loan, in the State Board of Health Public Health Laboratory Construction Fund; and (B) Beginning upon commencement of the loan, in an account or accounts in the name of the board or the Arkansas Development Finance Authority, as determined by the board and the authority, designated the "State Board of Health Laboratory Revenue Loan Fund"; and (2) Any balance remaining shall be distributed fifty percent (50%) to the Public Health Fund and fifty percent (50%) to the State Health Department Building and Local Grant Trust Fund. (c) (1) All funds held in the State Board of Health Laboratory Revenue Fund, the State Board of Health Laboratory Revenue Loan Fund, and the State Board of Health Public Health Laboratory Construction Fund shall be deemed to be cash funds, shall not be deposited into the State Treasury, and shall be transferred, deposited, and applied as set forth in this subchapter without the necessity of appropriation. (2) All transfers from the State Board of Health Laboratory Revenue Fund and the State Board of Health Public Health Laboratory Construction Fund shall be made by or at the direction of the secretary. (3) All transfers from the State Board of Health Laboratory Revenue Loan Fund shall be made by: (A) The secretary; or (B) The authority, if approved by the board. (d) So long as the loan is outstanding, funds held in the State Board of Health Laboratory Revenue Loan Fund shall be used solely for the purpose of paying and providing for the principal of, interest on, and servicing fees, if any, in connection with the loan and providing for the creation and maintenance of necessary reserves. The funds may be pledged by the board to secure the loan and may be pledged and used by the authority to pay and secure bonds issued by the authority to finance the construction. (e) (1) So long as the loan is outstanding, all fees shall be imposed and all fee revenues shall be collected and applied as provided in this subchapter. (2) However, particular fees may be reduced or eliminated so long as remaining fees are increased or new fees are added to the end that the aggregate annual amount of fee revenues shall always equal at least three million dollars ($3,000,000). (f) Upon payment or discharge of the loan and all bonds issued by the authority under this subchapter, the fees authorized by this subchapter shall be deposited into the State Health Department Building and Local Grant Trust Fund. Amended by Act 2019, No. 910,§ 4948, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4947, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4946, eff. 7/1/2019. Amended by Act 2017, No. 752,§ 3, eff. 8/1/2017. Acts 2003, No. 1723, § 8.

(a) (1) Except as set forth in this subchapter, all fee revenues shall be treated as cash funds and shall not be deposited into the State Treasury, but shall be deposited as and when received into a bank or banks approved by the State Board of Health or the Secretary of the Department of Health in an account or accounts of the board designated the "State Board of Health Laboratory Revenue Fund". (2) So long as the loan is outstanding, all moneys in the State Board of Health Laboratory Revenue Fund shall not be subject to the provisions of §§ 19-4-801 - 19-4-803 , § 19-4-804 [repealed], § 19-4-805 , and § 19-4-806 and shall be deposited, handled, and disbursed as set forth in this subchapter.

(1) Except as set forth in this subchapter, all fee revenues shall be treated as cash funds and shall not be deposited into the State Treasury, but shall be deposited as and when received into a bank or banks approved by the State Board of Health or the Secretary of the Department of Health in an account or accounts of the board designated the "State Board of Health Laboratory Revenue Fund".

(2) So long as the loan is outstanding, all moneys in the State Board of Health Laboratory Revenue Fund shall not be subject to the provisions of §§ 19-4-801 - 19-4-803 , § 19-4-804 [repealed], § 19-4-805 , and § 19-4-806 and shall be deposited, handled, and disbursed as set forth in this subchapter.

(b) Moneys held in the State Board of Health Laboratory Revenue Fund shall be withdrawn and deposited no less frequently than bimonthly as follows and in the following order of priority: (1) An annual amount sufficient to provide for principal, interest, servicing fees, and reserve requirements with respect to the loan but not to exceed two million six hundred thousand dollars ($2,600,000) per fiscal year: (A) Before the commencement of the loan, in the State Board of Health Public Health Laboratory Construction Fund; and (B) Beginning upon commencement of the loan, in an account or accounts in the name of the board or the Arkansas Development Finance Authority, as determined by the board and the authority, designated the "State Board of Health Laboratory Revenue Loan Fund"; and (2) Any balance remaining shall be distributed fifty percent (50%) to the Public Health Fund and fifty percent (50%) to the State Health Department Building and Local Grant Trust Fund.

(1) An annual amount sufficient to provide for principal, interest, servicing fees, and reserve requirements with respect to the loan but not to exceed two million six hundred thousand dollars ($2,600,000) per fiscal year: (A) Before the commencement of the loan, in the State Board of Health Public Health Laboratory Construction Fund; and (B) Beginning upon commencement of the loan, in an account or accounts in the name of the board or the Arkansas Development Finance Authority, as determined by the board and the authority, designated the "State Board of Health Laboratory Revenue Loan Fund"; and

(A) Before the commencement of the loan, in the State Board of Health Public Health Laboratory Construction Fund; and

(B) Beginning upon commencement of the loan, in an account or accounts in the name of the board or the Arkansas Development Finance Authority, as determined by the board and the authority, designated the "State Board of Health Laboratory Revenue Loan Fund"; and

(2) Any balance remaining shall be distributed fifty percent (50%) to the Public Health Fund and fifty percent (50%) to the State Health Department Building and Local Grant Trust Fund.

(c) (1) All funds held in the State Board of Health Laboratory Revenue Fund, the State Board of Health Laboratory Revenue Loan Fund, and the State Board of Health Public Health Laboratory Construction Fund shall be deemed to be cash funds, shall not be deposited into the State Treasury, and shall be transferred, deposited, and applied as set forth in this subchapter without the necessity of appropriation. (2) All transfers from the State Board of Health Laboratory Revenue Fund and the State Board of Health Public Health Laboratory Construction Fund shall be made by or at the direction of the secretary. (3) All transfers from the State Board of Health Laboratory Revenue Loan Fund shall be made by: (A) The secretary; or (B) The authority, if approved by the board.

(1) All funds held in the State Board of Health Laboratory Revenue Fund, the State Board of Health Laboratory Revenue Loan Fund, and the State Board of Health Public Health Laboratory Construction Fund shall be deemed to be cash funds, shall not be deposited into the State Treasury, and shall be transferred, deposited, and applied as set forth in this subchapter without the necessity of appropriation.

(2) All transfers from the State Board of Health Laboratory Revenue Fund and the State Board of Health Public Health Laboratory Construction Fund shall be made by or at the direction of the secretary.

(3) All transfers from the State Board of Health Laboratory Revenue Loan Fund shall be made by: (A) The secretary; or (B) The authority, if approved by the board.

(A) The secretary; or

(B) The authority, if approved by the board.

(d) So long as the loan is outstanding, funds held in the State Board of Health Laboratory Revenue Loan Fund shall be used solely for the purpose of paying and providing for the principal of, interest on, and servicing fees, if any, in connection with the loan and providing for the creation and maintenance of necessary reserves. The funds may be pledged by the board to secure the loan and may be pledged and used by the authority to pay and secure bonds issued by the authority to finance the construction.

(e) (1) So long as the loan is outstanding, all fees shall be imposed and all fee revenues shall be collected and applied as provided in this subchapter. (2) However, particular fees may be reduced or eliminated so long as remaining fees are increased or new fees are added to the end that the aggregate annual amount of fee revenues shall always equal at least three million dollars ($3,000,000).

(1) So long as the loan is outstanding, all fees shall be imposed and all fee revenues shall be collected and applied as provided in this subchapter.

(2) However, particular fees may be reduced or eliminated so long as remaining fees are increased or new fees are added to the end that the aggregate annual amount of fee revenues shall always equal at least three million dollars ($3,000,000).

(f) Upon payment or discharge of the loan and all bonds issued by the authority under this subchapter, the fees authorized by this subchapter shall be deposited into the State Health Department Building and Local Grant Trust Fund.

Amended by Act 2019, No. 910,§ 4948, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4947, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4946, eff. 7/1/2019.

Amended by Act 2017, No. 752,§ 3, eff. 8/1/2017.

Acts 2003, No. 1723, § 8.
Ark. Code Ann. § 20-64-213 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-213
Common nuisances
Status: in_force

Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance. Acts 1937, No. 344, § 13; Pope's Dig., § 10138; A.S.A. 1947, § 82-1013.

Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance.

Acts 1937, No. 344, § 13; Pope's Dig., § 10138; A.S.A. 1947, § 82-1013.
Ark. Code Ann. § 20-56-208 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-208
Adulterated food
Status: in_force

A food shall be deemed to be adulterated: (1) (A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health. (B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity of the substance in the food does not ordinarily render the food injurious to health; (2) If the food bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of § 20-56-218 ; (3) If the food consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if the food is otherwise unfit for human consumption; (4) If the food has been produced, prepared, packed, or held under insanitary conditions where the food may have become contaminated with filth, or where the food may have been rendered diseased, unwholesome, or injurious to health; (5) If the food is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed, or has otherwise fed upon, the uncooked offal of other animals; (6) If the food's container is composed, in whole or in part, of any poisonous or deleterious substance which may render the food injurious to health; (7) If any valuable constituent has been, in whole or in part, omitted or abstracted from the food; (8) If any substance has been substituted wholly or in part for the food; (9) If damage or inferiority has been concealed in any manner; (10) If any substance has been added, mixed, or packed with the food to increase the food's bulk or weight, to reduce the food's quality or strength, or to make the food appear better or of greater value than the food is; (11) (A) If the food is confectionery and the food bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (4/10 of 1%), harmless natural wax not in excess of four-tenths of one percent (4/10 of 1%), harmless natural gum, and pectin. (B) However, this subdivision (11) shall not apply to: (i) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances; or (ii) Chewing gum containing harmless nonnutritive masticatory substances; or (12) If the food bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 . Amended by Act 2017, No. 1035,§ 6, eff. 8/1/2017. Amended by Act 2015, No. 1157,§ 5, eff. 7/22/2015. Acts 1953, No. 415, § 10; A.S.A. 1947, § 82-1110.

A food shall be deemed to be adulterated:

(1) (A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health. (B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity of the substance in the food does not ordinarily render the food injurious to health;

(A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health.

(B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity of the substance in the food does not ordinarily render the food injurious to health;

(2) If the food bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of § 20-56-218 ;

(3) If the food consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if the food is otherwise unfit for human consumption;

(4) If the food has been produced, prepared, packed, or held under insanitary conditions where the food may have become contaminated with filth, or where the food may have been rendered diseased, unwholesome, or injurious to health;

(5) If the food is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed, or has otherwise fed upon, the uncooked offal of other animals;

(6) If the food's container is composed, in whole or in part, of any poisonous or deleterious substance which may render the food injurious to health;

(7) If any valuable constituent has been, in whole or in part, omitted or abstracted from the food;

(8) If any substance has been substituted wholly or in part for the food;

(9) If damage or inferiority has been concealed in any manner;

(10) If any substance has been added, mixed, or packed with the food to increase the food's bulk or weight, to reduce the food's quality or strength, or to make the food appear better or of greater value than the food is;

(11) (A) If the food is confectionery and the food bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (4/10 of 1%), harmless natural wax not in excess of four-tenths of one percent (4/10 of 1%), harmless natural gum, and pectin. (B) However, this subdivision (11) shall not apply to: (i) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances; or (ii) Chewing gum containing harmless nonnutritive masticatory substances; or

(A) If the food is confectionery and the food bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (4/10 of 1%), harmless natural wax not in excess of four-tenths of one percent (4/10 of 1%), harmless natural gum, and pectin.

(B) However, this subdivision (11) shall not apply to: (i) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances; or (ii) Chewing gum containing harmless nonnutritive masticatory substances; or

(i) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances; or

(ii) Chewing gum containing harmless nonnutritive masticatory substances; or

(12) If the food bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 .

Amended by Act 2017, No. 1035,§ 6, eff. 8/1/2017.

Amended by Act 2015, No. 1157,§ 5, eff. 7/22/2015.

Acts 1953, No. 415, § 10; A.S.A. 1947, § 82-1110.
Ark. Code Ann. § 20-15-601 — AR Code / Title 20 / Chapter 15 / Subchapter 6 / Section 20-15-601
Legislative findings and purpose
Status: in_force

(a) (1) It is declared and found that one (1) of the major problems facing medicine and the public health and welfare is the lack of an adequate program to assist in the treatment and cure of persons suffering from chronic kidney disease. (2) It is estimated that a number of citizens of this state annually are confronted with chronic kidney disease requiring complicated and expensive treatment which is often beyond the financial resources of the individuals. (3) There is a critical shortage of adequate facilities within the state for the discovery, evaluation, diagnosis, treatment, and cure of individuals suffering from chronic kidney disease. (b) In order to provide for the care and treatment of persons suffering from acute or chronic kidney disease and in order to encourage and assist in the development of adequate treatment facilities for persons suffering from acute or chronic kidney disease, it is essential that the state develop a program of financial assistance to aid in defraying a portion of the cost for the care and treatment of chronic kidney disease to the extent that the individual suffering from the disease is unable to pay for the services on a continuing basis. Acts 1971, No. 450, § 1; A.S.A. 1947, § 82-2501.

(a) (1) It is declared and found that one (1) of the major problems facing medicine and the public health and welfare is the lack of an adequate program to assist in the treatment and cure of persons suffering from chronic kidney disease. (2) It is estimated that a number of citizens of this state annually are confronted with chronic kidney disease requiring complicated and expensive treatment which is often beyond the financial resources of the individuals. (3) There is a critical shortage of adequate facilities within the state for the discovery, evaluation, diagnosis, treatment, and cure of individuals suffering from chronic kidney disease.

(1) It is declared and found that one (1) of the major problems facing medicine and the public health and welfare is the lack of an adequate program to assist in the treatment and cure of persons suffering from chronic kidney disease.

(2) It is estimated that a number of citizens of this state annually are confronted with chronic kidney disease requiring complicated and expensive treatment which is often beyond the financial resources of the individuals.

(3) There is a critical shortage of adequate facilities within the state for the discovery, evaluation, diagnosis, treatment, and cure of individuals suffering from chronic kidney disease.

(b) In order to provide for the care and treatment of persons suffering from acute or chronic kidney disease and in order to encourage and assist in the development of adequate treatment facilities for persons suffering from acute or chronic kidney disease, it is essential that the state develop a program of financial assistance to aid in defraying a portion of the cost for the care and treatment of chronic kidney disease to the extent that the individual suffering from the disease is unable to pay for the services on a continuing basis.

Acts 1971, No. 450, § 1; A.S.A. 1947, § 82-2501.
Ark. Code Ann. § 20-23-310 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-310
Suspension
Status: in_force

(a) (1) The Chief Inspector of the Boiler Inspection Division or his or her authorized representatives may at any time suspend an inspection certificate when in their opinion the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or unfired pressure vessel is found not to comply with the rules provided in this subchapter. (2) Any insurance company inspector who has been issued an Arkansas commission and is inspecting boilers or pressure vessels in this state shall have corresponding powers with respect to operating certificates for boilers or pressure vessels insured by the company employing him or her. (3) The suspension of an operating certificate shall continue in effect until the boiler or pressure vessel shall have been made to conform to the rules of the Boiler Inspection Division and until the operating certificate shall have been reinstated. (b) Any inspector of the division or any commissioned inspector of any insurance company who after inspection of a boiler or unfired pressure vessel shall find it unsafe for operation shall suspend its certificate of inspection and forbid its further use until it shall have been made to conform to the standards adopted by the division and until its certificate of inspection shall have been reinstated by an authorized inspector. Amended by Act 2019, No. 315,§ 2056, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2055, eff. 7/24/2019. Acts 1961, No. 494, §§ 3, 4; 1970 (1st Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, §§ 81-503, 81-504; Acts 1999, No. 982, § 14.

(a) (1) The Chief Inspector of the Boiler Inspection Division or his or her authorized representatives may at any time suspend an inspection certificate when in their opinion the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or unfired pressure vessel is found not to comply with the rules provided in this subchapter. (2) Any insurance company inspector who has been issued an Arkansas commission and is inspecting boilers or pressure vessels in this state shall have corresponding powers with respect to operating certificates for boilers or pressure vessels insured by the company employing him or her. (3) The suspension of an operating certificate shall continue in effect until the boiler or pressure vessel shall have been made to conform to the rules of the Boiler Inspection Division and until the operating certificate shall have been reinstated.

(1) The Chief Inspector of the Boiler Inspection Division or his or her authorized representatives may at any time suspend an inspection certificate when in their opinion the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or unfired pressure vessel is found not to comply with the rules provided in this subchapter.

(2) Any insurance company inspector who has been issued an Arkansas commission and is inspecting boilers or pressure vessels in this state shall have corresponding powers with respect to operating certificates for boilers or pressure vessels insured by the company employing him or her.

(3) The suspension of an operating certificate shall continue in effect until the boiler or pressure vessel shall have been made to conform to the rules of the Boiler Inspection Division and until the operating certificate shall have been reinstated.

(b) Any inspector of the division or any commissioned inspector of any insurance company who after inspection of a boiler or unfired pressure vessel shall find it unsafe for operation shall suspend its certificate of inspection and forbid its further use until it shall have been made to conform to the standards adopted by the division and until its certificate of inspection shall have been reinstated by an authorized inspector.

Amended by Act 2019, No. 315,§ 2056, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2055, eff. 7/24/2019.

Acts 1961, No. 494, §§ 3, 4; 1970 (1st Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, §§ 81-503, 81-504; Acts 1999, No. 982, § 14.
Ark. Code Ann. § 20-46-314 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-314
Federal grants
Status: in_force

The Arkansas State Hospital shall be designated as a proper agency to receive grants-in-aid from the United States Government under the provisions of 42 U.S.C. § 246 , and shall administer the grants in accordance therewith, in addition to grants-in-aid from the United States Government to local or regional mental health clinics or centers. Acts 1971, No. 433, ch. 2, § 4; A.S.A. 1947, § 59-304.

The Arkansas State Hospital shall be designated as a proper agency to receive grants-in-aid from the United States Government under the provisions of 42 U.S.C. § 246 , and shall administer the grants in accordance therewith, in addition to grants-in-aid from the United States Government to local or regional mental health clinics or centers.

Acts 1971, No. 433, ch. 2, § 4; A.S.A. 1947, § 59-304.
Ark. Code Ann. § 20-47-812 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-812
Development of crisis intervention protocols
Status: in_force

(a) (1) A local criminal justice coordinating committee shall actively encourage hospitals, community mental health centers, mental health services providers, and other mental health professionals to develop psychiatric emergency services. (2) If a collaborative agreement can be negotiated with a hospital, community mental health center, or other healthcare facility that can provide a comprehensive psychiatric emergency service, that hospital, community mental health center, or other healthcare facility shall be given priority when designating the single point of entry. (b) The local criminal justice coordinating committee shall encourage community mental health center directors to actively work with hospitals, mental health services providers, other mental health professionals, the Department of Human Services, and law enforcement agencies to develop a crisis intervention protocol and associated crisis intervention teams and psychiatric emergency services and shall facilitate the development of those collaborations. Amended by Act 2021, No. 989,§ 5, eff. 7/28/2021. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) (1) A local criminal justice coordinating committee shall actively encourage hospitals, community mental health centers, mental health services providers, and other mental health professionals to develop psychiatric emergency services. (2) If a collaborative agreement can be negotiated with a hospital, community mental health center, or other healthcare facility that can provide a comprehensive psychiatric emergency service, that hospital, community mental health center, or other healthcare facility shall be given priority when designating the single point of entry.

(1) A local criminal justice coordinating committee shall actively encourage hospitals, community mental health centers, mental health services providers, and other mental health professionals to develop psychiatric emergency services.

(2) If a collaborative agreement can be negotiated with a hospital, community mental health center, or other healthcare facility that can provide a comprehensive psychiatric emergency service, that hospital, community mental health center, or other healthcare facility shall be given priority when designating the single point of entry.

(b) The local criminal justice coordinating committee shall encourage community mental health center directors to actively work with hospitals, mental health services providers, other mental health professionals, the Department of Human Services, and law enforcement agencies to develop a crisis intervention protocol and associated crisis intervention teams and psychiatric emergency services and shall facilitate the development of those collaborations.

Amended by Act 2021, No. 989,§ 5, eff. 7/28/2021.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-64-907 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-907
Reporting requirements
Status: in_force

(a) All persons, partnerships, associations, or corporations operating alcohol and drug abuse treatment programs in the State of Arkansas, whether licensed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or expressly exempted from licensure, shall be required to furnish such information at such times and in such form as may be required by the division. (b) The division shall promulgate rules and prescribe forms for the implementation of this section. Amended by Act 2019, No. 315,§ 2236, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 105, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 36, eff. 8/16/2013. Acts 1995, No. 173, § 10.

(a) All persons, partnerships, associations, or corporations operating alcohol and drug abuse treatment programs in the State of Arkansas, whether licensed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or expressly exempted from licensure, shall be required to furnish such information at such times and in such form as may be required by the division.

(b) The division shall promulgate rules and prescribe forms for the implementation of this section.

Amended by Act 2019, No. 315,§ 2236, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 105, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 36, eff. 8/16/2013.

Acts 1995, No. 173, § 10.
Ark. Code Ann. § 20-16-2105 — AR Code / Title 20 / Chapter 16 / Subchapter 21 / Section 20-16-2105
Civil penalties and professional sanctions
Status: in_force

(a) (1) A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable. (2) The physician may also be enjoined from future acts prohibited by this subchapter. (b) (1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion for the purposes of aborting an unborn child diagnosed with Down Syndrome, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages. (2) Damages may include without limitation: (A) Money damages for any psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter. (c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct and his or her license to provide healthcare services in this state shall be revoked by the Arkansas State Medical Board. (d) (1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General. (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter. Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.

(a) (1) A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable. (2) The physician may also be enjoined from future acts prohibited by this subchapter.

(1) A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable.

(2) The physician may also be enjoined from future acts prohibited by this subchapter.

(b) (1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion for the purposes of aborting an unborn child diagnosed with Down Syndrome, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages. (2) Damages may include without limitation: (A) Money damages for any psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.

(1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion for the purposes of aborting an unborn child diagnosed with Down Syndrome, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages.

(2) Damages may include without limitation: (A) Money damages for any psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.

(A) Money damages for any psychological and physical injuries occasioned by the violation of this subchapter; and

(B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter.

(c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct and his or her license to provide healthcare services in this state shall be revoked by the Arkansas State Medical Board.

(d) (1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General. (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.

(1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General.

(A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or

(B) The Attorney General.

(2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter.

Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-29-104 — AR Code / Title 20 / Chapter 29 / Section 20-29-104
Assessments
Status: in_force

(a) The Arkansas Manufactured Home Commission shall collect assessment fees from manufacturers of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers. (b) The commission shall collect the following assessment fees at the time of submission of initial certification or licensure applications: (1) Installer ............... $2,500.00 per location (2) Retailer ............... 5,000.00 per location (3) Manufacturer ............... 10,000.00 per location (c) (1) If the balance of the Manufactured Housing Recovery Fund falls below two hundred fifty thousand dollars ($250,000), then the commission may collect an annual assessment from each manufacturer of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers, and the annual assessment shall continue until such time as the fund is restored to a minimum level of two hundred fifty thousand dollars ($250,000). (2) The annual assessments collected shall not exceed the following: (A) Installer ............... $500.00 per location (B) Retailer ............... 1,000.00 per location (C) Manufacturer ............... 3,000.00 per location (3) The assessments shall be collected within thirty-days' notice to all certified manufacturers, retailers, and licensed installers. (d) (1) Any participant may receive a refund of its initial assessment after a two-year waiting period after it ceases operation of its business in this state if there are no claims pending against the participant, provided that: (A) The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee shall be forfeited; and (B) The two-year waiting period shall begin on the participant's next certification or licensing anniversary date after the participant ceases operation of its business in this state. (2) If the participant fails to satisfy the provisions found in subdivisions (d)(1)(A) and (B) of this section, the assessment fee shall remain in the fund. (3) No interest shall accrue to the benefit of the participant. Acts 1987, No. 346, §§ 3, 4; 1991, No. 373, § 1; 2001, No. 1263, § 1.

(a) The Arkansas Manufactured Home Commission shall collect assessment fees from manufacturers of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers.

(b) The commission shall collect the following assessment fees at the time of submission of initial certification or licensure applications: (1) Installer ............... $2,500.00 per location (2) Retailer ............... 5,000.00 per location (3) Manufacturer ............... 10,000.00 per location

(1) Installer ............... $2,500.00 per location

(2) Retailer ............... 5,000.00 per location

(3) Manufacturer ............... 10,000.00 per location

(c) (1) If the balance of the Manufactured Housing Recovery Fund falls below two hundred fifty thousand dollars ($250,000), then the commission may collect an annual assessment from each manufacturer of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers, and the annual assessment shall continue until such time as the fund is restored to a minimum level of two hundred fifty thousand dollars ($250,000). (2) The annual assessments collected shall not exceed the following: (A) Installer ............... $500.00 per location (B) Retailer ............... 1,000.00 per location (C) Manufacturer ............... 3,000.00 per location (3) The assessments shall be collected within thirty-days' notice to all certified manufacturers, retailers, and licensed installers.

(1) If the balance of the Manufactured Housing Recovery Fund falls below two hundred fifty thousand dollars ($250,000), then the commission may collect an annual assessment from each manufacturer of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers, and the annual assessment shall continue until such time as the fund is restored to a minimum level of two hundred fifty thousand dollars ($250,000).

(2) The annual assessments collected shall not exceed the following: (A) Installer ............... $500.00 per location (B) Retailer ............... 1,000.00 per location (C) Manufacturer ............... 3,000.00 per location

(A) Installer ............... $500.00 per location

(B) Retailer ............... 1,000.00 per location

(C) Manufacturer ............... 3,000.00 per location

(3) The assessments shall be collected within thirty-days' notice to all certified manufacturers, retailers, and licensed installers.

(d) (1) Any participant may receive a refund of its initial assessment after a two-year waiting period after it ceases operation of its business in this state if there are no claims pending against the participant, provided that: (A) The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee shall be forfeited; and (B) The two-year waiting period shall begin on the participant's next certification or licensing anniversary date after the participant ceases operation of its business in this state. (2) If the participant fails to satisfy the provisions found in subdivisions (d)(1)(A) and (B) of this section, the assessment fee shall remain in the fund. (3) No interest shall accrue to the benefit of the participant.

(1) Any participant may receive a refund of its initial assessment after a two-year waiting period after it ceases operation of its business in this state if there are no claims pending against the participant, provided that: (A) The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee shall be forfeited; and (B) The two-year waiting period shall begin on the participant's next certification or licensing anniversary date after the participant ceases operation of its business in this state.

(A) The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee shall be forfeited; and

(B) The two-year waiting period shall begin on the participant's next certification or licensing anniversary date after the participant ceases operation of its business in this state.

(2) If the participant fails to satisfy the provisions found in subdivisions (d)(1)(A) and (B) of this section, the assessment fee shall remain in the fund.

(3) No interest shall accrue to the benefit of the participant.

Acts 1987, No. 346, §§ 3, 4; 1991, No. 373, § 1; 2001, No. 1263, § 1.
Ark. Code Ann. § 20-57-205 — AR Code / Title 20 / Chapter 57 / Subchapter 2 / Section 20-57-205
Disposition of funds
Status: in_force

(a) All fees levied and collected under the provisions of §§ 20-57-102 and 20-57-204 are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health for personnel, equipment, and training of sanitarians and food service industry personnel. (b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the food service program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 2181, eff. 7/24/2019. Acts 1977, No. 357, § 4; A.S.A. 1947, § 82-997.3; Acts 1987, No. 903, § 4; 1991, No. 378, § 4.

(a) All fees levied and collected under the provisions of §§ 20-57-102 and 20-57-204 are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health for personnel, equipment, and training of sanitarians and food service industry personnel.

(b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the food service program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 2181, eff. 7/24/2019.

Acts 1977, No. 357, § 4; A.S.A. 1947, § 82-997.3; Acts 1987, No. 903, § 4; 1991, No. 378, § 4.
Ark. Code Ann. § 20-59-237 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-237
Unlawful acts - Renovation of butter or cheese
Status: in_force

It shall be unlawful to renovate butter or cheese without pasteurizing all such products at the time of renovation. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to renovate butter or cheese without pasteurizing all such products at the time of renovation.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-15-1701 — AR Code / Title 20 / Chapter 15 / Subchapter 17 / Section 20-15-1701
et seq - [Repealed]
Status: repealed

Acts 2005, No. 2236, § 1; repealed by Acts 2009, No. 1374, §2. Acts 2009, No. 1374, §2 effective when funds are appropriated and available for the grant program created in Section 1 of the act.

Acts 2005, No. 2236, § 1; repealed by Acts 2009, No. 1374, §2.

Acts 2009, No. 1374, §2 effective when funds are appropriated and available for the grant program created in Section 1 of the act.
Ark. Code Ann. § 20-47-508 — AR Code / Title 20 / Chapter 47 / Subchapter 5 / Section 20-47-508
Evaluation and treatment
Status: in_force

(a) Children suspected of having emotional disturbances who are referred for Child and Adolescent Service System Program services shall be given a screening and assessment through the single point of entry, after which an initial interagency service plan shall be defined and developed. (b) The community mental health centers are hereby designated as the single point of entry. (c) The assessment shall be conducted by the community mental health center serving the area in which the child or adolescent lives. (d) The community mental health center shall be accessible on a twenty-four-hour basis, shall accept referrals from multiple sources, have interagency linkages, involve parents, ensure immediate access to crisis intervention services, and have authority to seek needed services. (e) If after screening and assessment or collaborative evaluations it is determined that a child with emotional disturbance needs multiagency services, then initial and subsequent individualized multiagency service plans for the child and the child's family shall be jointly developed by the appropriate local or regional representatives of the community mental health centers, of the Department of Human Services county office, of the Department of Health, of the Special Education Unit of the Division of Elementary and Secondary Education, of the local school district, and of any other service provider identified to meet the needs of the child and his or her family. The individualized service plan shall reflect an integrated service delivery that specifies services or programs with funding to be provided by each agency. The service plan shall also designate responsibility for case management. Amended by Act 2019, No. 757,§ 68, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2297, eff. 7/1/2019. Acts 1991, No. 964, § 8; 2001, No. 1517, § 7.

(a) Children suspected of having emotional disturbances who are referred for Child and Adolescent Service System Program services shall be given a screening and assessment through the single point of entry, after which an initial interagency service plan shall be defined and developed.

(b) The community mental health centers are hereby designated as the single point of entry.

(c) The assessment shall be conducted by the community mental health center serving the area in which the child or adolescent lives.

(d) The community mental health center shall be accessible on a twenty-four-hour basis, shall accept referrals from multiple sources, have interagency linkages, involve parents, ensure immediate access to crisis intervention services, and have authority to seek needed services.

(e) If after screening and assessment or collaborative evaluations it is determined that a child with emotional disturbance needs multiagency services, then initial and subsequent individualized multiagency service plans for the child and the child's family shall be jointly developed by the appropriate local or regional representatives of the community mental health centers, of the Department of Human Services county office, of the Department of Health, of the Special Education Unit of the Division of Elementary and Secondary Education, of the local school district, and of any other service provider identified to meet the needs of the child and his or her family. The individualized service plan shall reflect an integrated service delivery that specifies services or programs with funding to be provided by each agency. The service plan shall also designate responsibility for case management.

Amended by Act 2019, No. 757,§ 68, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2297, eff. 7/1/2019.

Acts 1991, No. 964, § 8; 2001, No. 1517, § 7.
Ark. Code Ann. § 20-78-217 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-217
Smoking prohibited - Legislative intent
Status: in_force

(a) Whereas, health authorities have established that smoking is not conducive to good health and that children exposed to smoking face a potential health hazard, therefore, it is the intent of the Seventy-Fifth General Assembly to ban smoking in the physical confines of the day care centers licensed by the Division of Child Care and Early Childhood Education. (b) The division is directed to promulgate sufficient rules to ensure that state licensing requirements for day care center operations contain a stipulation which bans smoking within the physical confines of each day care center. Amended by Act 2019, No. 315,§ 2291, eff. 7/24/2019. Acts 1985, No. 862, §§ 1, 2; A.S.A. 1947, §§ 83-925, 83-926; Acts 1997, No. 1132, § 16.

(a) Whereas, health authorities have established that smoking is not conducive to good health and that children exposed to smoking face a potential health hazard, therefore, it is the intent of the Seventy-Fifth General Assembly to ban smoking in the physical confines of the day care centers licensed by the Division of Child Care and Early Childhood Education.

(b) The division is directed to promulgate sufficient rules to ensure that state licensing requirements for day care center operations contain a stipulation which bans smoking within the physical confines of each day care center.

Amended by Act 2019, No. 315,§ 2291, eff. 7/24/2019.

Acts 1985, No. 862, §§ 1, 2; A.S.A. 1947, §§ 83-925, 83-926; Acts 1997, No. 1132, § 16.
Ark. Code Ann. § 20-17-1211 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1211
Persons that may receive anatomical gift - Purpose of anatomical gift
Status: in_force

(a) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part; (3) an eye bank or tissue bank. (b) If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift. (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply: (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank. (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank. (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ. (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. (d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g). (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g). (g) For purposes of subsections (b), (e), and (f) the following rules apply: (1) If the part is an eye, the gift passes to the appropriate eye bank. (2) If the part is tissue, the gift passes to the appropriate tissue bank. (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under § 20-17-1205 or § 20-17-1210 or if the person knows that the decedent made a refusal under § 20-17-1207 that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. (k) Except as otherwise provided in subsection (a)(2), nothing in this subchapter affects the allocation of organs for transplantation or therapy. Acts 2007, No. 839, § 1.

(a) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part; (3) an eye bank or tissue bank.

(1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;

(2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;

(3) an eye bank or tissue bank.

(b) If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.

(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply: (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank. (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank. (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ. (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.

(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.

(d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).

(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).

(g) For purposes of subsections (b), (e), and (f) the following rules apply: (1) If the part is an eye, the gift passes to the appropriate eye bank. (2) If the part is tissue, the gift passes to the appropriate tissue bank. (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(1) If the part is an eye, the gift passes to the appropriate eye bank.

(2) If the part is tissue, the gift passes to the appropriate tissue bank.

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under § 20-17-1205 or § 20-17-1210 or if the person knows that the decedent made a refusal under § 20-17-1207 that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(k) Except as otherwise provided in subsection (a)(2), nothing in this subchapter affects the allocation of organs for transplantation or therapy.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-8-807 — AR Code / Title 20 / Chapter 8 / Subchapter 8 / Section 20-8-807
Reports
Status: in_force

(a) Annually, the Department of Health shall report to: (1) The President Pro Tempore of the Senate; (2) The Speaker of the House of Representatives; (3) The minority leaders of the Senate and the House of Representatives; (4) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (5) The Chair of the House Committee on Public Health, Welfare, and Labor. (b) The report shall include without limitation: (1) A summary of the efficacy of access and treatment outcomes; (2) Statistics for claims pending and claims paid; (3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals under the Volunteer Healthcare Program; (4) A listing of all healthcare providers and medical professionals volunteering under the Volunteer Healthcare Program with the operation hours of each healthcare provider and medical professional; (5) The number of patient visits under the Volunteer Healthcare Program; and (6) The value of healthcare-related goods and services provided by the Volunteer Healthcare Program. Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.

(a) Annually, the Department of Health shall report to: (1) The President Pro Tempore of the Senate; (2) The Speaker of the House of Representatives; (3) The minority leaders of the Senate and the House of Representatives; (4) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (5) The Chair of the House Committee on Public Health, Welfare, and Labor.

(1) The President Pro Tempore of the Senate;

(2) The Speaker of the House of Representatives;

(3) The minority leaders of the Senate and the House of Representatives;

(4) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and

(5) The Chair of the House Committee on Public Health, Welfare, and Labor.

(b) The report shall include without limitation: (1) A summary of the efficacy of access and treatment outcomes; (2) Statistics for claims pending and claims paid; (3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals under the Volunteer Healthcare Program; (4) A listing of all healthcare providers and medical professionals volunteering under the Volunteer Healthcare Program with the operation hours of each healthcare provider and medical professional; (5) The number of patient visits under the Volunteer Healthcare Program; and (6) The value of healthcare-related goods and services provided by the Volunteer Healthcare Program.

(1) A summary of the efficacy of access and treatment outcomes;

(2) Statistics for claims pending and claims paid;

(3) The amount of defense and handling costs associated with all claims brought against healthcare providers or medical professionals under the Volunteer Healthcare Program;

(4) A listing of all healthcare providers and medical professionals volunteering under the Volunteer Healthcare Program with the operation hours of each healthcare provider and medical professional;

(5) The number of patient visits under the Volunteer Healthcare Program; and

(6) The value of healthcare-related goods and services provided by the Volunteer Healthcare Program.

Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-77-1607 — AR Code / Title 20 / Chapter 77 / Subchapter 16 / Section 20-77-1607
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 5102, eff. 7/1/2019. Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 114, eff. 8/1/2017. Acts 2005, No. 1757, § 1.

Amended by Act 2019, No. 910,§ 5102, eff. 7/1/2019.

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 114, eff. 8/1/2017.

Acts 2005, No. 1757, § 1.
Ark. Code Ann. § 20-47-230 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-230
Return of detained or involuntarily admitted person to state of residence - Reciprocal agreements
Status: in_force

(a) The Department of Human Services may enter into a reciprocal agreement with a state that adjoins the Arkansas state line or is separated only by a navigable river from the Arkansas state line to facilitate the return of a person who is detained in or involuntarily admitted to mental health facilities in this state or another state to the state of his or her residence. (b) The state returning a detained or involuntarily admitted person to another state shall bear the expenses of returning the person, unless the state agrees to share costs under a reciprocal agreement made under subsection (a) of this section. (c) If a state or local authority of another state petitions the department, the department shall enter into a reciprocal agreement with the state or local authority to facilitate the return of a person who is detained in or involuntarily admitted to a receiving facility or program in this state to the state of his or her residence unless the department determines that the terms of the agreement are not acceptable. (d) (1) A reciprocal agreement entered into by the department under subsection (a) of this section shall require the department to develop a process for returning a person who is detained in or involuntarily admitted to a receiving facility or program to the person's state of residence. (2) A process developed under subdivision (d)(1) of this section shall: (A) Provide suitable care for the person who is detained in or involuntarily admitted to a mental health facility; (B) Use available resources efficiently; and (C) Consider commitment to a proximate mental health facility to make possible the return of the detained or involuntarily admitted person to his or her state of residence. (e) The department shall coordinate the reciprocal agreement and the process developed under subsection (d) of this section with a mental health facility, mental hospital, health service provider, court, or law enforcement agency located in Arkansas. Added by Act 2013, No. 573,§ 2, eff. 8/16/2013.

(a) The Department of Human Services may enter into a reciprocal agreement with a state that adjoins the Arkansas state line or is separated only by a navigable river from the Arkansas state line to facilitate the return of a person who is detained in or involuntarily admitted to mental health facilities in this state or another state to the state of his or her residence.

(b) The state returning a detained or involuntarily admitted person to another state shall bear the expenses of returning the person, unless the state agrees to share costs under a reciprocal agreement made under subsection (a) of this section.

(c) If a state or local authority of another state petitions the department, the department shall enter into a reciprocal agreement with the state or local authority to facilitate the return of a person who is detained in or involuntarily admitted to a receiving facility or program in this state to the state of his or her residence unless the department determines that the terms of the agreement are not acceptable.

(d) (1) A reciprocal agreement entered into by the department under subsection (a) of this section shall require the department to develop a process for returning a person who is detained in or involuntarily admitted to a receiving facility or program to the person's state of residence. (2) A process developed under subdivision (d)(1) of this section shall: (A) Provide suitable care for the person who is detained in or involuntarily admitted to a mental health facility; (B) Use available resources efficiently; and (C) Consider commitment to a proximate mental health facility to make possible the return of the detained or involuntarily admitted person to his or her state of residence.

(1) A reciprocal agreement entered into by the department under subsection (a) of this section shall require the department to develop a process for returning a person who is detained in or involuntarily admitted to a receiving facility or program to the person's state of residence.

(2) A process developed under subdivision (d)(1) of this section shall: (A) Provide suitable care for the person who is detained in or involuntarily admitted to a mental health facility; (B) Use available resources efficiently; and (C) Consider commitment to a proximate mental health facility to make possible the return of the detained or involuntarily admitted person to his or her state of residence.

(A) Provide suitable care for the person who is detained in or involuntarily admitted to a mental health facility;

(B) Use available resources efficiently; and

(C) Consider commitment to a proximate mental health facility to make possible the return of the detained or involuntarily admitted person to his or her state of residence.

(e) The department shall coordinate the reciprocal agreement and the process developed under subsection (d) of this section with a mental health facility, mental hospital, health service provider, court, or law enforcement agency located in Arkansas.

Added by Act 2013, No. 573,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-17-502 — AR Code / Title 20 / Chapter 17 / Subchapter 5 / Section 20-17-502
Organ Donor Awareness Education Trust Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Organ Donor Awareness Education Trust Fund". (b) The fund shall consist of all moneys donated or collected for the purpose of educating or informing the public of the need for organ donations, all interest earned from the investment of fund balances, and any remaining fund balances carried forward from year to year. (c) The Secretary of the Department of Finance and Administration may accept any gifts, grants, bequests, devises, and donations made to the State of Arkansas for the purposes of organ donor awareness education. Moneys received for the purposes stated in this section shall be deposited into the fund. (d) The Department of Finance and Administration shall administer the fund. (e) The secretary shall grant funds available and appropriated from the fund to the Arkansas Regional Organ Recovery Agency, Inc. or its successor agency to be used for educational or informational materials and other related costs associated with informing or educating the public about organ donations and organ donation awareness. (f) The Arkansas Regional Organ Recovery Agency, Inc. or its successor agency shall annually provide to the Chief Fiscal Officer of the State documentation evidencing that granted funds have been used in accordance with the purposes of this act. Amended by Act 2019, No. 910,§ 3483, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3482, eff. 7/1/2019. Acts 2003, No. 1362, § 1.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Organ Donor Awareness Education Trust Fund".

(b) The fund shall consist of all moneys donated or collected for the purpose of educating or informing the public of the need for organ donations, all interest earned from the investment of fund balances, and any remaining fund balances carried forward from year to year.

(c) The Secretary of the Department of Finance and Administration may accept any gifts, grants, bequests, devises, and donations made to the State of Arkansas for the purposes of organ donor awareness education. Moneys received for the purposes stated in this section shall be deposited into the fund.

(d) The Department of Finance and Administration shall administer the fund.

(e) The secretary shall grant funds available and appropriated from the fund to the Arkansas Regional Organ Recovery Agency, Inc. or its successor agency to be used for educational or informational materials and other related costs associated with informing or educating the public about organ donations and organ donation awareness.

(f) The Arkansas Regional Organ Recovery Agency, Inc. or its successor agency shall annually provide to the Chief Fiscal Officer of the State documentation evidencing that granted funds have been used in accordance with the purposes of this act.

Amended by Act 2019, No. 910,§ 3483, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3482, eff. 7/1/2019.

Acts 2003, No. 1362, § 1.
Ark. Code Ann. § 20-20-205 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-205
Administration of subchapter by State Plant Board
Status: in_force

(a) This subchapter shall be administered by the State Plant Board. (b) The functions vested in the board by this subchapter shall be considered to be delegated to the employees of the Department of Agriculture or its authorized representatives. Amended by Act 2019, No. 910,§ 118, eff. 7/1/2019. Acts 1975, No. 389, §§ 2, 23; A.S.A. 1947, §§ 77-252, 77-273.

(a) This subchapter shall be administered by the State Plant Board.

(b) The functions vested in the board by this subchapter shall be considered to be delegated to the employees of the Department of Agriculture or its authorized representatives.

Amended by Act 2019, No. 910,§ 118, eff. 7/1/2019.

Acts 1975, No. 389, §§ 2, 23; A.S.A. 1947, §§ 77-252, 77-273.
Ark. Code Ann. § 20-27-201 — AR Code / Title 20 / Chapter 27 / Subchapter 2 / Section 20-27-201
Definitions
Status: in_force

As used in this subchapter: (1) "Bedding" means any mattress, upholstered spring, comforter, pad, cushion, or pillow designed and made for use in sleeping; (2) "Felt" means that the materials from which the felt was made have been carded layer upon layer by a garnett or felting machine; (3) "New" means any material which has not been used in the manufacture of another article or used for any other purpose; (4) "Person" shall include individuals, corporations, partnerships, joint-stock companies, societies, and associations; and (5) "Previously used" means any material which has been used in the manufacturing of another article or used for any other purpose. Acts 1927, No. 249, §§ 1, 7; Pope's Dig., §§ 6455, 6461; A.S.A. 1947, §§ 82-716, 82-722.

As used in this subchapter:

(1) "Bedding" means any mattress, upholstered spring, comforter, pad, cushion, or pillow designed and made for use in sleeping;

(2) "Felt" means that the materials from which the felt was made have been carded layer upon layer by a garnett or felting machine;

(3) "New" means any material which has not been used in the manufacture of another article or used for any other purpose;

(4) "Person" shall include individuals, corporations, partnerships, joint-stock companies, societies, and associations; and

(5) "Previously used" means any material which has been used in the manufacturing of another article or used for any other purpose.

Acts 1927, No. 249, §§ 1, 7; Pope's Dig., §§ 6455, 6461; A.S.A. 1947, §§ 82-716, 82-722.
Ark. Code Ann. § 20-27-302 — AR Code / Title 20 / Chapter 27 / Subchapter 3 / Section 20-27-302
Testing for blood-borne diseases
Status: in_force

(a) Any individual or company that collects blood products, including, but not limited to, red cells, white cells, platelets, clotting factors, immunoglobulins, or plasma for the purpose of resale or distribution used in the treatment of human disease, shall: (1) Inform the donor that his or her blood will be tested for the presence of human immunodeficiency virus antigens or antibodies (HIV-1), causative agents of acquired immunodeficiency syndrome (AIDS) and other blood-borne diseases and shall inform the donor of the test results. In addition, if the donor's blood tests are found to be reactive, the donor's name shall be made available to the Department of Health for the purpose of contact tracing and partner notification and to donor referral registries; (2) Use no donations of blood products or plasma until the donor has been found to be free of evidence of the HIV infection by a United States Food and Drug Administration-approved screening test such as the Enzyme-Linked Immunosorbent Assay (ELISA) test; and (3) Repeat any screening test that is found to be positive. If the screening test is repeatedly positive, a confirmatory test such as the Western Blot, Immunofluorescence Assay (IFA), or any other confirmatory test subsequently approved by the United States Food and Drug Administration shall be performed. If confirmatory testing is positive for evidence of HIV infection, the donor shall be informed and his or her blood shall not be accepted. (b) Donors who test positive shall be encouraged to seek medical consultation from their physician or local public health facility. Acts 1991, No. 575, § 1.

(a) Any individual or company that collects blood products, including, but not limited to, red cells, white cells, platelets, clotting factors, immunoglobulins, or plasma for the purpose of resale or distribution used in the treatment of human disease, shall: (1) Inform the donor that his or her blood will be tested for the presence of human immunodeficiency virus antigens or antibodies (HIV-1), causative agents of acquired immunodeficiency syndrome (AIDS) and other blood-borne diseases and shall inform the donor of the test results. In addition, if the donor's blood tests are found to be reactive, the donor's name shall be made available to the Department of Health for the purpose of contact tracing and partner notification and to donor referral registries; (2) Use no donations of blood products or plasma until the donor has been found to be free of evidence of the HIV infection by a United States Food and Drug Administration-approved screening test such as the Enzyme-Linked Immunosorbent Assay (ELISA) test; and (3) Repeat any screening test that is found to be positive. If the screening test is repeatedly positive, a confirmatory test such as the Western Blot, Immunofluorescence Assay (IFA), or any other confirmatory test subsequently approved by the United States Food and Drug Administration shall be performed. If confirmatory testing is positive for evidence of HIV infection, the donor shall be informed and his or her blood shall not be accepted.

(1) Inform the donor that his or her blood will be tested for the presence of human immunodeficiency virus antigens or antibodies (HIV-1), causative agents of acquired immunodeficiency syndrome (AIDS) and other blood-borne diseases and shall inform the donor of the test results. In addition, if the donor's blood tests are found to be reactive, the donor's name shall be made available to the Department of Health for the purpose of contact tracing and partner notification and to donor referral registries;

(2) Use no donations of blood products or plasma until the donor has been found to be free of evidence of the HIV infection by a United States Food and Drug Administration-approved screening test such as the Enzyme-Linked Immunosorbent Assay (ELISA) test; and

(3) Repeat any screening test that is found to be positive. If the screening test is repeatedly positive, a confirmatory test such as the Western Blot, Immunofluorescence Assay (IFA), or any other confirmatory test subsequently approved by the United States Food and Drug Administration shall be performed. If confirmatory testing is positive for evidence of HIV infection, the donor shall be informed and his or her blood shall not be accepted.

(b) Donors who test positive shall be encouraged to seek medical consultation from their physician or local public health facility.

Acts 1991, No. 575, § 1.
Ark. Code Ann. § 20-10-2508 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2508
Notice
Status: in_force

No later than ninety (90) days before August 1, 2023, the Department of Human Services shall give notice to a facility that may be covered under this subchapter. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

No later than ninety (90) days before August 1, 2023, the Department of Human Services shall give notice to a facility that may be covered under this subchapter.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-2-103 — AR Code / Title 20 / Chapter 2 / Section 20-2-103
Powers and duties generally
Status: in_force

(a) The Arkansas Minority Health Commission shall: (1) Establish the commission as the comprehensive commission in this state for: (A) Gathering and analyzing information regarding disparities in health and health care and access to health and healthcare services in this state; (B) Statewide educational programming regarding disparities in health and health care and equal access to health and healthcare services; and (C) Coordinating events regarding disparities in health and health care and access to health and healthcare services; (2) (A) Actively seek out and develop partnerships and collaboration with other appropriate organizations to advance the understanding of and access to programs to remediate disparities in health and health care and access to health and healthcare services in this state. (B) The following health and healthcare-related state entities and divisions of state entities shall collaborate with the commission to achieve healthcare equity in the State of Arkansas: (i) The Department of Health; (ii) The Department of Human Services; (iii) The Division of Environmental Quality; (iv) The Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and (v) The Arkansas Center for Health Improvement. (C) Partnerships developed by the commission shall connect all experts, agencies, and organizations concerned with minority health issues and minority health events; (3) Address and make specific recommendations relating to public policy issues involving disparities in health and health care and equity to health and healthcare services for minorities to appropriate agencies, the General Assembly, and the Governor; (4) Promote public awareness and public education encouraging Arkansans to live healthy lifestyles through awareness of various health and healthcare issues with an emphasis on factors that disproportionately affect the minority population in this state; (5) Make recommendations to the relevant agencies, to the Secretary of the Department of Health, and to the General Assembly for improving the delivery of and access to health services for minorities; (6) Gather and analyze information and make recommendations as to whether adequate services are available to ensure that future minority health needs will be met; (7) (A) Develop, implement, maintain, and disseminate a comprehensive survey of racial and ethnic minority disparities in health and health care. (B) The commission shall repeat the study every five (5) years to include without limitation disparities arising from geographic location and economic conditions; and (8) Publish evidence-based data, define state goals and objectives, and develop pilot projects for decreasing disparities under subdivision (a)(7)(A) of this section. (b) The commission shall report two (2) times each year to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2019, No. 910,§ 4921, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4920, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4919, eff. 7/1/2019. Amended by Act 2013, No. 1132,§ 1, eff. 8/16/2013. Acts 1991, No. 912, § 3; 2009, No. 358, § 1; 2009, No. 574, § 1.

(a) The Arkansas Minority Health Commission shall: (1) Establish the commission as the comprehensive commission in this state for: (A) Gathering and analyzing information regarding disparities in health and health care and access to health and healthcare services in this state; (B) Statewide educational programming regarding disparities in health and health care and equal access to health and healthcare services; and (C) Coordinating events regarding disparities in health and health care and access to health and healthcare services; (2) (A) Actively seek out and develop partnerships and collaboration with other appropriate organizations to advance the understanding of and access to programs to remediate disparities in health and health care and access to health and healthcare services in this state. (B) The following health and healthcare-related state entities and divisions of state entities shall collaborate with the commission to achieve healthcare equity in the State of Arkansas: (i) The Department of Health; (ii) The Department of Human Services; (iii) The Division of Environmental Quality; (iv) The Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and (v) The Arkansas Center for Health Improvement. (C) Partnerships developed by the commission shall connect all experts, agencies, and organizations concerned with minority health issues and minority health events; (3) Address and make specific recommendations relating to public policy issues involving disparities in health and health care and equity to health and healthcare services for minorities to appropriate agencies, the General Assembly, and the Governor; (4) Promote public awareness and public education encouraging Arkansans to live healthy lifestyles through awareness of various health and healthcare issues with an emphasis on factors that disproportionately affect the minority population in this state; (5) Make recommendations to the relevant agencies, to the Secretary of the Department of Health, and to the General Assembly for improving the delivery of and access to health services for minorities; (6) Gather and analyze information and make recommendations as to whether adequate services are available to ensure that future minority health needs will be met; (7) (A) Develop, implement, maintain, and disseminate a comprehensive survey of racial and ethnic minority disparities in health and health care. (B) The commission shall repeat the study every five (5) years to include without limitation disparities arising from geographic location and economic conditions; and (8) Publish evidence-based data, define state goals and objectives, and develop pilot projects for decreasing disparities under subdivision (a)(7)(A) of this section.

(1) Establish the commission as the comprehensive commission in this state for: (A) Gathering and analyzing information regarding disparities in health and health care and access to health and healthcare services in this state; (B) Statewide educational programming regarding disparities in health and health care and equal access to health and healthcare services; and (C) Coordinating events regarding disparities in health and health care and access to health and healthcare services;

(A) Gathering and analyzing information regarding disparities in health and health care and access to health and healthcare services in this state;

(B) Statewide educational programming regarding disparities in health and health care and equal access to health and healthcare services; and

(C) Coordinating events regarding disparities in health and health care and access to health and healthcare services;

(2) (A) Actively seek out and develop partnerships and collaboration with other appropriate organizations to advance the understanding of and access to programs to remediate disparities in health and health care and access to health and healthcare services in this state. (B) The following health and healthcare-related state entities and divisions of state entities shall collaborate with the commission to achieve healthcare equity in the State of Arkansas: (i) The Department of Health; (ii) The Department of Human Services; (iii) The Division of Environmental Quality; (iv) The Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and (v) The Arkansas Center for Health Improvement. (C) Partnerships developed by the commission shall connect all experts, agencies, and organizations concerned with minority health issues and minority health events;

(A) Actively seek out and develop partnerships and collaboration with other appropriate organizations to advance the understanding of and access to programs to remediate disparities in health and health care and access to health and healthcare services in this state.

(B) The following health and healthcare-related state entities and divisions of state entities shall collaborate with the commission to achieve healthcare equity in the State of Arkansas: (i) The Department of Health; (ii) The Department of Human Services; (iii) The Division of Environmental Quality; (iv) The Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and (v) The Arkansas Center for Health Improvement.

(i) The Department of Health;

(ii) The Department of Human Services;

(iii) The Division of Environmental Quality;

(iv) The Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and

(v) The Arkansas Center for Health Improvement.

(C) Partnerships developed by the commission shall connect all experts, agencies, and organizations concerned with minority health issues and minority health events;

(3) Address and make specific recommendations relating to public policy issues involving disparities in health and health care and equity to health and healthcare services for minorities to appropriate agencies, the General Assembly, and the Governor;

(4) Promote public awareness and public education encouraging Arkansans to live healthy lifestyles through awareness of various health and healthcare issues with an emphasis on factors that disproportionately affect the minority population in this state;

(5) Make recommendations to the relevant agencies, to the Secretary of the Department of Health, and to the General Assembly for improving the delivery of and access to health services for minorities;

(6) Gather and analyze information and make recommendations as to whether adequate services are available to ensure that future minority health needs will be met;

(7) (A) Develop, implement, maintain, and disseminate a comprehensive survey of racial and ethnic minority disparities in health and health care. (B) The commission shall repeat the study every five (5) years to include without limitation disparities arising from geographic location and economic conditions; and

(A) Develop, implement, maintain, and disseminate a comprehensive survey of racial and ethnic minority disparities in health and health care.

(B) The commission shall repeat the study every five (5) years to include without limitation disparities arising from geographic location and economic conditions; and

(8) Publish evidence-based data, define state goals and objectives, and develop pilot projects for decreasing disparities under subdivision (a)(7)(A) of this section.

(b) The commission shall report two (2) times each year to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

Amended by Act 2019, No. 910,§ 4921, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4920, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4919, eff. 7/1/2019.

Amended by Act 2013, No. 1132,§ 1, eff. 8/16/2013.

Acts 1991, No. 912, § 3; 2009, No. 358, § 1; 2009, No. 574, § 1.
Ark. Code Ann. § 20-59-214 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-214
Unlawful acts - Insanitary plants
Status: in_force

It shall be unlawful to handle, process, freeze, or manufacture milk and dairy products except in sanitary dairy products plants and under sanitary conditions. Any dairy product plant in which dairy products of any kind are manufactured or any store or salesroom, excepting a store or salesroom where milk or milk products are sold at retail in final packaged form, depot, or other place where milk or any product of milk is handled or kept for sale shall be sanitary. Dairy products plants shall be considered insanitary: (1) When milk, cream, or any product of either is received, purchased, or sold that does not meet the sanitary requirements set forth in this subchapter; (2) When the utensils or apparatus that come in contact with milk or its products are not surfaced with glass, stoneware, glazed metal, tin, or other noncorrodible material and are not taken apart and thoroughly washed and sterilized by means of boiling water or super-heated steam or other means equally effective as proved by AOAC International or the American Dairy Science Association. This must be done immediately following the completion of any processing operation or immediately following continued processing operations, and the utensils or apparatus must be suitably stored while not in use in such manner as to prevent contamination and sterilized upon reassembling just before the next day's operations. A plant shall also be considered insanitary if the cans or containers in which the milk, cream, or products of either are received, transported, or delivered are not thoroughly washed after emptying and before being sent out to be used again, or if any containers, utensils, apparatus, or equipment is used for any purpose other than that of handling milk and the products of milk. The transportation of dairy products not intended for human consumption in cans or containers used in the delivery of other milk products is expressly prohibited; (3) When the floor is not constructed of or covered with nonabsorbent material or if the floor is so constructed as to permit the flowing of water, milk, or other liquids underneath or among the interstices of the floor, where fermentation and decay can take place or if the floor cannot be readily kept free from dirt and properly drained; (4) When floor drains are not provided that will convey refuse milk, water, and sewage away to a point at least fifty (50) yards distant from the creamery or factory of dairy products or if any cesspool, privy vault, hog yard, slaughterhouse, manure, or any decaying vegetable or animal matter shall be so located as to permit foul odors to reach the creamery or other factory of dairy products or storeroom or depot where milk or its products are sold or handled or if the creamery or factory of dairy products is not adequately and conveniently supplied with water free of pollution with sewage or contamination with pathogenic bacteria unless the water is subjected to efficient chlorination or otherwise treated to make it safe for use in connection with the manufacture of food products. This subdivision (4) shall not apply to cream stations as regards floor drains. However, it shall apply to cream stations in every other particular; (5) When the creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventilation; (6) When any dairy products plant is not separated by solid partitions from living quarters or toilet facilities, except that a self-closing door may be used between living quarters and the dairy products plant and a vestibule may be used to connect toilet facilities; (7) When all openings to the outer air are not provided with screens or other effective means so as to exclude flies and insects; (8) When upon the floor or walls any milk or its products or any filth is allowed to accumulate or ferment, decay, or if the bodies or wearing apparel of persons employed, or coming in contact with any dairy products in a dairy products plant are unclean and not washed from time to time with reasonable frequency, and persons have a communicable disease, or if suitable toilet and lavatory facilities and clean towels are not provided for employees; (9) When tight, sound, and cleanable walls and ceilings are not provided; or (10) When supplies such as parchment paper, cartons, paper cans and bottles, fruits, nuts, egg products, flavoring, coloring, sugar, stabilizers, salt, and other materials and supplies used in the manufacture and packaging of dairy products are not stored, kept, and handled in such a way as to be free from contamination. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to handle, process, freeze, or manufacture milk and dairy products except in sanitary dairy products plants and under sanitary conditions. Any dairy product plant in which dairy products of any kind are manufactured or any store or salesroom, excepting a store or salesroom where milk or milk products are sold at retail in final packaged form, depot, or other place where milk or any product of milk is handled or kept for sale shall be sanitary. Dairy products plants shall be considered insanitary:

(1) When milk, cream, or any product of either is received, purchased, or sold that does not meet the sanitary requirements set forth in this subchapter;

(2) When the utensils or apparatus that come in contact with milk or its products are not surfaced with glass, stoneware, glazed metal, tin, or other noncorrodible material and are not taken apart and thoroughly washed and sterilized by means of boiling water or super-heated steam or other means equally effective as proved by AOAC International or the American Dairy Science Association. This must be done immediately following the completion of any processing operation or immediately following continued processing operations, and the utensils or apparatus must be suitably stored while not in use in such manner as to prevent contamination and sterilized upon reassembling just before the next day's operations. A plant shall also be considered insanitary if the cans or containers in which the milk, cream, or products of either are received, transported, or delivered are not thoroughly washed after emptying and before being sent out to be used again, or if any containers, utensils, apparatus, or equipment is used for any purpose other than that of handling milk and the products of milk. The transportation of dairy products not intended for human consumption in cans or containers used in the delivery of other milk products is expressly prohibited;

(3) When the floor is not constructed of or covered with nonabsorbent material or if the floor is so constructed as to permit the flowing of water, milk, or other liquids underneath or among the interstices of the floor, where fermentation and decay can take place or if the floor cannot be readily kept free from dirt and properly drained;

(4) When floor drains are not provided that will convey refuse milk, water, and sewage away to a point at least fifty (50) yards distant from the creamery or factory of dairy products or if any cesspool, privy vault, hog yard, slaughterhouse, manure, or any decaying vegetable or animal matter shall be so located as to permit foul odors to reach the creamery or other factory of dairy products or storeroom or depot where milk or its products are sold or handled or if the creamery or factory of dairy products is not adequately and conveniently supplied with water free of pollution with sewage or contamination with pathogenic bacteria unless the water is subjected to efficient chlorination or otherwise treated to make it safe for use in connection with the manufacture of food products. This subdivision (4) shall not apply to cream stations as regards floor drains. However, it shall apply to cream stations in every other particular;

(5) When the creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventilation;

(6) When any dairy products plant is not separated by solid partitions from living quarters or toilet facilities, except that a self-closing door may be used between living quarters and the dairy products plant and a vestibule may be used to connect toilet facilities;

(7) When all openings to the outer air are not provided with screens or other effective means so as to exclude flies and insects;

(8) When upon the floor or walls any milk or its products or any filth is allowed to accumulate or ferment, decay, or if the bodies or wearing apparel of persons employed, or coming in contact with any dairy products in a dairy products plant are unclean and not washed from time to time with reasonable frequency, and persons have a communicable disease, or if suitable toilet and lavatory facilities and clean towels are not provided for employees;

(9) When tight, sound, and cleanable walls and ceilings are not provided; or

(10) When supplies such as parchment paper, cartons, paper cans and bottles, fruits, nuts, egg products, flavoring, coloring, sugar, stabilizers, salt, and other materials and supplies used in the manufacture and packaging of dairy products are not stored, kept, and handled in such a way as to be free from contamination.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-21-602 — AR Code / Title 20 / Chapter 21 / Subchapter 6 / Section 20-21-602
Purpose
Status: in_force

It is the purpose of this subchapter to establish a Nuclear Planning and Response Program Advisory Committee which will serve as a coordination point for state and utility officials and whose meetings will provide a place whereby the public may discuss with their elected public officials, state officials, and the utility matters of concern pertaining to their safety and emotional wellbeing as they relate to the generation of electricity from Arkansas Nuclear One, Units One and Two. Acts 1983, No. 544, § 2; A.S.A. 1947, § 82-1552.

It is the purpose of this subchapter to establish a Nuclear Planning and Response Program Advisory Committee which will serve as a coordination point for state and utility officials and whose meetings will provide a place whereby the public may discuss with their elected public officials, state officials, and the utility matters of concern pertaining to their safety and emotional wellbeing as they relate to the generation of electricity from Arkansas Nuclear One, Units One and Two.

Acts 1983, No. 544, § 2; A.S.A. 1947, § 82-1552.
Ark. Code Ann. § 20-15-1502 — AR Code / Title 20 / Chapter 15 / Subchapter 15 / Section 20-15-1502
Definitions
Status: in_force

As used in this subchapter: (1) "Birth admission" means the time after birth that the newborn remains in the hospital nursery before discharge; (2) "Birthing hospital" means any hospital located within the State of Arkansas that delivers newborns; (3) "Follow-up care" and "follow-up screening" mean the follow-up services provided by a licensed audiologist to diagnose a hearing loss; (4) "Hearing loss" means an impairment that is a dysfunction of the auditory system of any type or degree sufficient to interfere with acquisition and development of speech and language skills; (5) "Hearing screening" means a bilateral physiological measurement of hearing on a newborn or infant; (6) "Infant" means a child thirty (30) days to twelve (12) months old; (7) "Intervention" means amplification by a licensed audiologist as required and early intervention services described in Part H of the Individuals with Disabilities Education Act as in effect January 1, 1999; (8) "Newborn" means a child up to twenty-nine (29) days old; (9) "Parent" means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child; (10) "Program" means the Newborn Infant Hearing Screening Program; and (11) "Provider" means an audiologist licensed by the State of Arkansas who administers initial newborn and infant hearing screenings upon referral from a hospital or physician or follow-up screenings outside of the hospital setting. Amended by Act 2019, No. 389,§ 33, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5006, eff. 7/1/2019. Acts 1999, No. 1559, § 2.

As used in this subchapter:

(1) "Birth admission" means the time after birth that the newborn remains in the hospital nursery before discharge;

(2) "Birthing hospital" means any hospital located within the State of Arkansas that delivers newborns;

(3) "Follow-up care" and "follow-up screening" mean the follow-up services provided by a licensed audiologist to diagnose a hearing loss;

(4) "Hearing loss" means an impairment that is a dysfunction of the auditory system of any type or degree sufficient to interfere with acquisition and development of speech and language skills;

(5) "Hearing screening" means a bilateral physiological measurement of hearing on a newborn or infant;

(6) "Infant" means a child thirty (30) days to twelve (12) months old;

(7) "Intervention" means amplification by a licensed audiologist as required and early intervention services described in Part H of the Individuals with Disabilities Education Act as in effect January 1, 1999;

(8) "Newborn" means a child up to twenty-nine (29) days old;

(9) "Parent" means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child;

(10) "Program" means the Newborn Infant Hearing Screening Program; and

(11) "Provider" means an audiologist licensed by the State of Arkansas who administers initial newborn and infant hearing screenings upon referral from a hospital or physician or follow-up screenings outside of the hospital setting.

Amended by Act 2019, No. 389,§ 33, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5006, eff. 7/1/2019.

Acts 1999, No. 1559, § 2.
Ark. Code Ann. § 20-9-401 — AR Code / Title 20 / Chapter 9 / Subchapter 4 / Section 20-9-401
Definitions
Status: in_force

As used in this subchapter: (1) "Freestanding birthing center" means any facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which births are planned to occur in a homelike atmosphere away from the mothers' usual residences following a low-risk pregnancy; and (2) "Low-risk pregnancy" means a normal uncomplicated pregnancy as determined by a generally accepted course of prenatal care and expectation of a normal uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health. Acts 1997, No. 891, § 1.

As used in this subchapter:

(1) "Freestanding birthing center" means any facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which births are planned to occur in a homelike atmosphere away from the mothers' usual residences following a low-risk pregnancy; and

(2) "Low-risk pregnancy" means a normal uncomplicated pregnancy as determined by a generally accepted course of prenatal care and expectation of a normal uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health.

Acts 1997, No. 891, § 1.
Ark. Code Ann. § 20-46-702 — AR Code / Title 20 / Chapter 46 / Subchapter 7 / Section 20-46-702
Definitions
Status: in_force

(a) As used in this subchapter: (1) (A) "Brief hold" means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident. (B) In no event shall a brief hold be construed as a personal restraint; (2) [Repealed.] (3) [Repealed.] (4) "Program provider" means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigent persons; (5) (A) "Seclusion" means a behavior-control technique involving the involuntary confinement of a resident in locked isolation. (B) In no event shall verbal direction be construed as seclusion; (6) "Serious injury" means any significant impairment of the physical condition of the resident whether self-inflicted or inflicted by someone else as determined by the provider's qualified medical personnel, including, but not limited to: (A) Burns; (B) Lacerations; (C) Bone fractures; (D) Substantial hematoma; and (E) Injuries to internal organs, whether self-inflicted or inflicted by someone else; (7) "Serious occurrence" means a resident's death, serious injury, or suicide attempt; (8) "Suicide attempt" means any action taken by a resident for the purpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel; (9) "Survey" means any process by which compliance with federal law and regulations applicable to a program provider is determined; (10) "Survey team" means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and (11) (A) "Time-out" means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving. (B) In no event shall a time-out be construed as a seclusion. (C) In no event shall verbal direction be construed as time-out. (b) The definitions in this section apply to any survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons. Amended by Act 2019, No. 389,§ 54, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5198, eff. 7/1/2019. Acts 2005, No. 1885, § 1.

(a) As used in this subchapter: (1) (A) "Brief hold" means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident. (B) In no event shall a brief hold be construed as a personal restraint; (2) [Repealed.] (3) [Repealed.] (4) "Program provider" means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigent persons; (5) (A) "Seclusion" means a behavior-control technique involving the involuntary confinement of a resident in locked isolation. (B) In no event shall verbal direction be construed as seclusion; (6) "Serious injury" means any significant impairment of the physical condition of the resident whether self-inflicted or inflicted by someone else as determined by the provider's qualified medical personnel, including, but not limited to: (A) Burns; (B) Lacerations; (C) Bone fractures; (D) Substantial hematoma; and (E) Injuries to internal organs, whether self-inflicted or inflicted by someone else; (7) "Serious occurrence" means a resident's death, serious injury, or suicide attempt; (8) "Suicide attempt" means any action taken by a resident for the purpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel; (9) "Survey" means any process by which compliance with federal law and regulations applicable to a program provider is determined; (10) "Survey team" means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and (11) (A) "Time-out" means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving. (B) In no event shall a time-out be construed as a seclusion. (C) In no event shall verbal direction be construed as time-out.

(1) (A) "Brief hold" means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident. (B) In no event shall a brief hold be construed as a personal restraint;

(A) "Brief hold" means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident.

(B) In no event shall a brief hold be construed as a personal restraint;

(2) [Repealed.]

(3) [Repealed.]

(4) "Program provider" means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigent persons;

(5) (A) "Seclusion" means a behavior-control technique involving the involuntary confinement of a resident in locked isolation. (B) In no event shall verbal direction be construed as seclusion;

(A) "Seclusion" means a behavior-control technique involving the involuntary confinement of a resident in locked isolation.

(B) In no event shall verbal direction be construed as seclusion;

(6) "Serious injury" means any significant impairment of the physical condition of the resident whether self-inflicted or inflicted by someone else as determined by the provider's qualified medical personnel, including, but not limited to: (A) Burns; (B) Lacerations; (C) Bone fractures; (D) Substantial hematoma; and (E) Injuries to internal organs, whether self-inflicted or inflicted by someone else;

(A) Burns;

(B) Lacerations;

(C) Bone fractures;

(D) Substantial hematoma; and

(E) Injuries to internal organs, whether self-inflicted or inflicted by someone else;

(7) "Serious occurrence" means a resident's death, serious injury, or suicide attempt;

(8) "Suicide attempt" means any action taken by a resident for the purpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel;

(9) "Survey" means any process by which compliance with federal law and regulations applicable to a program provider is determined;

(10) "Survey team" means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and

(11) (A) "Time-out" means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving. (B) In no event shall a time-out be construed as a seclusion. (C) In no event shall verbal direction be construed as time-out.

(A) "Time-out" means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving.

(B) In no event shall a time-out be construed as a seclusion.

(C) In no event shall verbal direction be construed as time-out.

(b) The definitions in this section apply to any survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons.

Amended by Act 2019, No. 389,§ 54, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5198, eff. 7/1/2019.

Acts 2005, No. 1885, § 1.