Ark. Code Ann. § 20-13-1003 — AR Code / Title 20 / Chapter 13 / Subchapter 10 / Section 20-13-1003
Choice-of-care facility - Reporting requirements - Insurance coverage
Status: in_force

(a) (1) (A) A licensee under this subchapter may transport any patient to the care facility of the patient's choice subject to service area limitations, applicable federal law, and the licensee's local protocol. (B) If the patient is unable to make a choice and if the attending physician is present and has expressed a choice of care facility, the licensee may comply with the attending physician's choice subject to service area limitations and applicable federal law. (C) If the patient is unable to make a choice and the attending physician is not present or has not expressed a choice of facility, the licensee may, subject to applicable federal law, transport the patient to the nearest appropriate care facility. (2) The licensee shall provide the care facility where the patient was transported with a copy of an ambulance service encounter form prescribed by the Department of Health, which shall become a part of the patient's medical records. (b) Each licensee shall report in a format approved by the department every request that results in the dispatch of a vehicle. (c) (1) Each licensee shall have in force and effect liability insurance coverage issued by an insurance company licensed to do business in the State of Arkansas for each vehicle owned and operated by or for the applicant or licensee. (2) The department shall maintain evidence of proof of current liability insurance coverage for each vehicle of each licensee. Amended by Act 2013, No. 1132,§ 8, eff. 8/16/2013. Acts 1997, No. 1255, § 3; 2009, No. 553, § 1.

(a) (1) (A) A licensee under this subchapter may transport any patient to the care facility of the patient's choice subject to service area limitations, applicable federal law, and the licensee's local protocol. (B) If the patient is unable to make a choice and if the attending physician is present and has expressed a choice of care facility, the licensee may comply with the attending physician's choice subject to service area limitations and applicable federal law. (C) If the patient is unable to make a choice and the attending physician is not present or has not expressed a choice of facility, the licensee may, subject to applicable federal law, transport the patient to the nearest appropriate care facility. (2) The licensee shall provide the care facility where the patient was transported with a copy of an ambulance service encounter form prescribed by the Department of Health, which shall become a part of the patient's medical records.

(1) (A) A licensee under this subchapter may transport any patient to the care facility of the patient's choice subject to service area limitations, applicable federal law, and the licensee's local protocol. (B) If the patient is unable to make a choice and if the attending physician is present and has expressed a choice of care facility, the licensee may comply with the attending physician's choice subject to service area limitations and applicable federal law. (C) If the patient is unable to make a choice and the attending physician is not present or has not expressed a choice of facility, the licensee may, subject to applicable federal law, transport the patient to the nearest appropriate care facility.

(A) A licensee under this subchapter may transport any patient to the care facility of the patient's choice subject to service area limitations, applicable federal law, and the licensee's local protocol.

(B) If the patient is unable to make a choice and if the attending physician is present and has expressed a choice of care facility, the licensee may comply with the attending physician's choice subject to service area limitations and applicable federal law.

(C) If the patient is unable to make a choice and the attending physician is not present or has not expressed a choice of facility, the licensee may, subject to applicable federal law, transport the patient to the nearest appropriate care facility.

(2) The licensee shall provide the care facility where the patient was transported with a copy of an ambulance service encounter form prescribed by the Department of Health, which shall become a part of the patient's medical records.

(b) Each licensee shall report in a format approved by the department every request that results in the dispatch of a vehicle.

(c) (1) Each licensee shall have in force and effect liability insurance coverage issued by an insurance company licensed to do business in the State of Arkansas for each vehicle owned and operated by or for the applicant or licensee. (2) The department shall maintain evidence of proof of current liability insurance coverage for each vehicle of each licensee.

(1) Each licensee shall have in force and effect liability insurance coverage issued by an insurance company licensed to do business in the State of Arkansas for each vehicle owned and operated by or for the applicant or licensee.

(2) The department shall maintain evidence of proof of current liability insurance coverage for each vehicle of each licensee.

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

Acts 1997, No. 1255, § 3; 2009, No. 553, § 1.
Ark. Code Ann. § 20-27-1303 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1303
Blasting standards
Status: in_force

(a) Blasting shall be conducted to prevent injury to persons, damage to public or private property, adverse impact on any underground mine, and change in the course, channel, or availability of surface or ground water outside the mine's perimeter. (b) (1) In blasting operations, airblast shall not exceed the maximum limits set forth in 30 C.F.R. § 816.67(b) , at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator. (2) (A) If necessary to prevent damage, the Director of the Division of Labor may require lower maximum allowable airblast levels than those specified in subdivision (b)(1) of this section for use in the vicinity of a specific blasting operation. (B) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate. (3) (A) The director may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken. (B) The measuring system shall have an upper-end flat frequency response of at least two hundred hertz (200 Hz). The measuring system shall also have a low-end frequency response of two hertz (2 Hz) and be within minus three decibels (-3 dB) at two hertz (2 Hz). (c) (1) Flyrock from blasting operations, traveling in the air or along the ground, should not be cast from the mine site. (2) In the event that flyrock is cast from the mine site, the owner or operator and contractor shall be liable and responsible for any damages, including cleanup and removal of the flyrock. (d) (1) (A) In blasting operations, ground vibration shall not exceed the maximum limits established in accordance with either the maximum peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2) , or the scaled-distance equation established at 30 C.F.R. § 816.67(d)(3) , at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator. (B) If a seismographic record for a blast exists or is required, the maximum limit for ground vibration shall be the peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2) , at any structure, residence, public building, school, church, or commercial or institutional building. (2) (A) If necessary to prevent damage, the director may require lower maximum allowable ground vibration levels than those specified in subdivision (d)(1) of this section for use in the vicinity of a specific blasting operation. (B) Such action shall only be taken following consultation with whatever expert or experts the director deems appropriate. (3) The director may require an owner or operator to conduct seismic monitoring of any blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement. (e) (1) The maximum limits for airblast and ground vibration as specified in subdivisions (b)(1) and (d)(1) of this section shall be construed as the threshold below which blasting damage is unlikely to occur. However, the director shall have the authority to promulgate rules requiring more or less restrictive limits, as appropriate. (2) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate. (f) (1) If a pit or quarry is closer than three hundred feet (300') from any public highway, road, or street, no blasting shall be conducted without the prior written approval of the director. (2) Notwithstanding subdivision (f)(1) of this section, any quarry or pit in existence on July 1, 1995, shall be allowed to continue operations without obtaining the written approval of the director. (g) (1) All blasting operations shall be conducted between sunrise and sunset, unless extraordinary circumstances arise which would necessitate conducting a blast outside these hours. (2) Such circumstances shall be documented in the blast records required by § 20-27-1305 . (h) (1) Before the firing of a blast, the owner or operator or contractor shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. (2) The owner or operator shall inform all employees at the operation as to the established procedure. Amended by Act 2019, No. 315,§ 2107, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5488, eff. 7/1/2019. Acts 1995, No. 814, § 6.

(a) Blasting shall be conducted to prevent injury to persons, damage to public or private property, adverse impact on any underground mine, and change in the course, channel, or availability of surface or ground water outside the mine's perimeter.

(b) (1) In blasting operations, airblast shall not exceed the maximum limits set forth in 30 C.F.R. § 816.67(b) , at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator. (2) (A) If necessary to prevent damage, the Director of the Division of Labor may require lower maximum allowable airblast levels than those specified in subdivision (b)(1) of this section for use in the vicinity of a specific blasting operation. (B) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate. (3) (A) The director may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken. (B) The measuring system shall have an upper-end flat frequency response of at least two hundred hertz (200 Hz). The measuring system shall also have a low-end frequency response of two hertz (2 Hz) and be within minus three decibels (-3 dB) at two hertz (2 Hz).

(1) In blasting operations, airblast shall not exceed the maximum limits set forth in 30 C.F.R. § 816.67(b) , at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator.

(2) (A) If necessary to prevent damage, the Director of the Division of Labor may require lower maximum allowable airblast levels than those specified in subdivision (b)(1) of this section for use in the vicinity of a specific blasting operation. (B) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate.

(A) If necessary to prevent damage, the Director of the Division of Labor may require lower maximum allowable airblast levels than those specified in subdivision (b)(1) of this section for use in the vicinity of a specific blasting operation.

(B) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate.

(3) (A) The director may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken. (B) The measuring system shall have an upper-end flat frequency response of at least two hundred hertz (200 Hz). The measuring system shall also have a low-end frequency response of two hertz (2 Hz) and be within minus three decibels (-3 dB) at two hertz (2 Hz).

(A) The director may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken.

(B) The measuring system shall have an upper-end flat frequency response of at least two hundred hertz (200 Hz). The measuring system shall also have a low-end frequency response of two hertz (2 Hz) and be within minus three decibels (-3 dB) at two hertz (2 Hz).

(c) (1) Flyrock from blasting operations, traveling in the air or along the ground, should not be cast from the mine site. (2) In the event that flyrock is cast from the mine site, the owner or operator and contractor shall be liable and responsible for any damages, including cleanup and removal of the flyrock.

(1) Flyrock from blasting operations, traveling in the air or along the ground, should not be cast from the mine site.

(2) In the event that flyrock is cast from the mine site, the owner or operator and contractor shall be liable and responsible for any damages, including cleanup and removal of the flyrock.

(d) (1) (A) In blasting operations, ground vibration shall not exceed the maximum limits established in accordance with either the maximum peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2) , or the scaled-distance equation established at 30 C.F.R. § 816.67(d)(3) , at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator. (B) If a seismographic record for a blast exists or is required, the maximum limit for ground vibration shall be the peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2) , at any structure, residence, public building, school, church, or commercial or institutional building. (2) (A) If necessary to prevent damage, the director may require lower maximum allowable ground vibration levels than those specified in subdivision (d)(1) of this section for use in the vicinity of a specific blasting operation. (B) Such action shall only be taken following consultation with whatever expert or experts the director deems appropriate. (3) The director may require an owner or operator to conduct seismic monitoring of any blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(1) (A) In blasting operations, ground vibration shall not exceed the maximum limits established in accordance with either the maximum peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2) , or the scaled-distance equation established at 30 C.F.R. § 816.67(d)(3) , at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator. (B) If a seismographic record for a blast exists or is required, the maximum limit for ground vibration shall be the peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2) , at any structure, residence, public building, school, church, or commercial or institutional building.

(A) In blasting operations, ground vibration shall not exceed the maximum limits established in accordance with either the maximum peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2) , or the scaled-distance equation established at 30 C.F.R. § 816.67(d)(3) , at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator.

(B) If a seismographic record for a blast exists or is required, the maximum limit for ground vibration shall be the peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2) , at any structure, residence, public building, school, church, or commercial or institutional building.

(2) (A) If necessary to prevent damage, the director may require lower maximum allowable ground vibration levels than those specified in subdivision (d)(1) of this section for use in the vicinity of a specific blasting operation. (B) Such action shall only be taken following consultation with whatever expert or experts the director deems appropriate.

(A) If necessary to prevent damage, the director may require lower maximum allowable ground vibration levels than those specified in subdivision (d)(1) of this section for use in the vicinity of a specific blasting operation.

(B) Such action shall only be taken following consultation with whatever expert or experts the director deems appropriate.

(3) The director may require an owner or operator to conduct seismic monitoring of any blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(e) (1) The maximum limits for airblast and ground vibration as specified in subdivisions (b)(1) and (d)(1) of this section shall be construed as the threshold below which blasting damage is unlikely to occur. However, the director shall have the authority to promulgate rules requiring more or less restrictive limits, as appropriate. (2) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate.

(1) The maximum limits for airblast and ground vibration as specified in subdivisions (b)(1) and (d)(1) of this section shall be construed as the threshold below which blasting damage is unlikely to occur. However, the director shall have the authority to promulgate rules requiring more or less restrictive limits, as appropriate.

(2) Such an action shall only be taken following consultation with whatever expert or experts the director deems appropriate.

(f) (1) If a pit or quarry is closer than three hundred feet (300') from any public highway, road, or street, no blasting shall be conducted without the prior written approval of the director. (2) Notwithstanding subdivision (f)(1) of this section, any quarry or pit in existence on July 1, 1995, shall be allowed to continue operations without obtaining the written approval of the director.

(1) If a pit or quarry is closer than three hundred feet (300') from any public highway, road, or street, no blasting shall be conducted without the prior written approval of the director.

(2) Notwithstanding subdivision (f)(1) of this section, any quarry or pit in existence on July 1, 1995, shall be allowed to continue operations without obtaining the written approval of the director.

(g) (1) All blasting operations shall be conducted between sunrise and sunset, unless extraordinary circumstances arise which would necessitate conducting a blast outside these hours. (2) Such circumstances shall be documented in the blast records required by § 20-27-1305 .

(1) All blasting operations shall be conducted between sunrise and sunset, unless extraordinary circumstances arise which would necessitate conducting a blast outside these hours.

(2) Such circumstances shall be documented in the blast records required by § 20-27-1305 .

(h) (1) Before the firing of a blast, the owner or operator or contractor shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. (2) The owner or operator shall inform all employees at the operation as to the established procedure.

(1) Before the firing of a blast, the owner or operator or contractor shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area.

(2) The owner or operator shall inform all employees at the operation as to the established procedure.

Amended by Act 2019, No. 315,§ 2107, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5488, eff. 7/1/2019.

Acts 1995, No. 814, § 6.
Ark. Code Ann. § 20-22-805 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-805
Office of Fire Protection Services - Creation
Status: in_force

(a) There is created the Office of Fire Protection Services which shall be under the supervision and direction of the Director of the Division of Emergency Management. (b) The Director of the Office of Fire Protection Services, who shall be employed by the Director of the Division of Emergency Management, in consultation with the Secretary of the Department of Public Safety, shall have the responsibility to carry out the administrative functions and directives of the Arkansas Fire Protection Services Board. (c) [Repealed.] Amended by Act 2019, No. 910,§ 6022, eff. 7/1/2019. Acts 1987, No. 837, § 4; 1993, No. 280, § 2; 1999, No. 646, § 59.

(a) There is created the Office of Fire Protection Services which shall be under the supervision and direction of the Director of the Division of Emergency Management.

(b) The Director of the Office of Fire Protection Services, who shall be employed by the Director of the Division of Emergency Management, in consultation with the Secretary of the Department of Public Safety, shall have the responsibility to carry out the administrative functions and directives of the Arkansas Fire Protection Services Board.

(c) [Repealed.]

Amended by Act 2019, No. 910,§ 6022, eff. 7/1/2019.

Acts 1987, No. 837, § 4; 1993, No. 280, § 2; 1999, No. 646, § 59.
Ark. Code Ann. § 20-7-403 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-403
Definitions
Status: in_force

As used in this subchapter: (1) "Authority" means the Arkansas Development Finance Authority; (2) "Authorizing resolution" means the resolution or resolutions adopted by the State Board of Health authorizing the loan; (3) "Building" means the state building of the Department of Health located on West Markham Street in Little Rock; (4) "Construct" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other property, whether real, personal, or mixed, useful in connection with the expansion, by any method and manner as may be authorized by law, and in the case of the acquisition of equipment and other property of a medical, laboratory, or technical nature, by any method as the board or the Secretary of the Department of Health determines to be necessary or desirable to accomplish the power, purposes, and authorities set forth in this subchapter and without regard to the provisions of other laws pertaining to the construction and acquisition of property by state agencies; (5) "Construction fund" means the State Board of Health Public Health Laboratory Construction Fund; (6) "Fee revenues" means all revenues derived from all or any of the fees; (7) "Fees" means the fees generated under this subchapter that represent an increase to the allowable fees set forth in § 20-7-123 ; (8) "Laboratory" means a public health laboratory that is a modern stand-alone public health laboratory to be constructed on the existing site of the department located on West Markham Street in Little Rock; (9) "Loan" means the loan which the board may effect from the authority by the terms of this subchapter; (10) "Renovation" means the renovation and improvement of the building, including the renovation and alteration of existing properties, whether real, personal, or mixed; (11) "Revenue fund" means the State Board of Health Laboratory Revenue Fund; and (12) "Revenue loan fund" means the State Board of Health Laboratory Revenue Loan Fund. Amended by Act 2019, No. 389,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4943, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4942, eff. 7/1/2019. Acts 2003, No. 1723, § 3.

As used in this subchapter:

(1) "Authority" means the Arkansas Development Finance Authority;

(2) "Authorizing resolution" means the resolution or resolutions adopted by the State Board of Health authorizing the loan;

(3) "Building" means the state building of the Department of Health located on West Markham Street in Little Rock;

(4) "Construct" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other property, whether real, personal, or mixed, useful in connection with the expansion, by any method and manner as may be authorized by law, and in the case of the acquisition of equipment and other property of a medical, laboratory, or technical nature, by any method as the board or the Secretary of the Department of Health determines to be necessary or desirable to accomplish the power, purposes, and authorities set forth in this subchapter and without regard to the provisions of other laws pertaining to the construction and acquisition of property by state agencies;

(5) "Construction fund" means the State Board of Health Public Health Laboratory Construction Fund;

(6) "Fee revenues" means all revenues derived from all or any of the fees;

(7) "Fees" means the fees generated under this subchapter that represent an increase to the allowable fees set forth in § 20-7-123 ;

(8) "Laboratory" means a public health laboratory that is a modern stand-alone public health laboratory to be constructed on the existing site of the department located on West Markham Street in Little Rock;

(9) "Loan" means the loan which the board may effect from the authority by the terms of this subchapter;

(10) "Renovation" means the renovation and improvement of the building, including the renovation and alteration of existing properties, whether real, personal, or mixed;

(11) "Revenue fund" means the State Board of Health Laboratory Revenue Fund; and

(12) "Revenue loan fund" means the State Board of Health Laboratory Revenue Loan Fund.

Amended by Act 2019, No. 389,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4943, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4942, eff. 7/1/2019.

Acts 2003, No. 1723, § 3.
Ark. Code Ann. § 20-16-2004 — AR Code / Title 20 / Chapter 16 / Subchapter 20 / Section 20-16-2004
Abortion limited to 18 weeks' gestation
Status: in_force

(a) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement, a person shall not perform, induce, or attempt to perform or induce an abortion unless the physician or referring physician has: (1) Made a determination of the probable gestational age of the unborn human being according to standard medical practices and techniques used in the medical community; and (2) Documented the probable gestational age in the medical records of the pregnant woman and, if required, in a report with the Department of Health as described in subsection (c) of this section. (b) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being is determined to be greater than eighteen (18) weeks' gestation. (c) (1) If a physician performs or induces an abortion on an unborn human being whose gestational age is greater than eighteen (18) weeks, the physician shall file a report with the department within fifteen (15) days of the abortion. (2) The report described in subdivision (c)(1) of this section shall contain: (A) The date that the abortion was performed; (B) The specific method used for the abortion; (C) The probable gestational age of the unborn human being and the method used to calculate gestational age; (D) A statement declaring that the abortion was necessitated by a medical emergency; (E) The specific medical indications supporting the abortion and medical emergency; (F) The probable health consequences of the abortion and of the specific method used; and (G) The signature of the physician attesting that the information stated is true and correct to the best of his or her knowledge. (3) A report made under this subsection shall not contain the name of the pregnant woman upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion. (d) The physician or abortion facility shall: (1) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (2) Report to the department the number of abortions performed because of rape or incest. Amended by Act 2021, No. 787,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 787,§ 7, eff. 7/28/2021. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.

(a) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement, a person shall not perform, induce, or attempt to perform or induce an abortion unless the physician or referring physician has: (1) Made a determination of the probable gestational age of the unborn human being according to standard medical practices and techniques used in the medical community; and (2) Documented the probable gestational age in the medical records of the pregnant woman and, if required, in a report with the Department of Health as described in subsection (c) of this section.

(1) Made a determination of the probable gestational age of the unborn human being according to standard medical practices and techniques used in the medical community; and

(2) Documented the probable gestational age in the medical records of the pregnant woman and, if required, in a report with the Department of Health as described in subsection (c) of this section.

(b) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being is determined to be greater than eighteen (18) weeks' gestation.

(c) (1) If a physician performs or induces an abortion on an unborn human being whose gestational age is greater than eighteen (18) weeks, the physician shall file a report with the department within fifteen (15) days of the abortion. (2) The report described in subdivision (c)(1) of this section shall contain: (A) The date that the abortion was performed; (B) The specific method used for the abortion; (C) The probable gestational age of the unborn human being and the method used to calculate gestational age; (D) A statement declaring that the abortion was necessitated by a medical emergency; (E) The specific medical indications supporting the abortion and medical emergency; (F) The probable health consequences of the abortion and of the specific method used; and (G) The signature of the physician attesting that the information stated is true and correct to the best of his or her knowledge. (3) A report made under this subsection shall not contain the name of the pregnant woman upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.

(1) If a physician performs or induces an abortion on an unborn human being whose gestational age is greater than eighteen (18) weeks, the physician shall file a report with the department within fifteen (15) days of the abortion.

(2) The report described in subdivision (c)(1) of this section shall contain: (A) The date that the abortion was performed; (B) The specific method used for the abortion; (C) The probable gestational age of the unborn human being and the method used to calculate gestational age; (D) A statement declaring that the abortion was necessitated by a medical emergency; (E) The specific medical indications supporting the abortion and medical emergency; (F) The probable health consequences of the abortion and of the specific method used; and (G) The signature of the physician attesting that the information stated is true and correct to the best of his or her knowledge.

(A) The date that the abortion was performed;

(B) The specific method used for the abortion;

(C) The probable gestational age of the unborn human being and the method used to calculate gestational age;

(D) A statement declaring that the abortion was necessitated by a medical emergency;

(E) The specific medical indications supporting the abortion and medical emergency;

(F) The probable health consequences of the abortion and of the specific method used; and

(G) The signature of the physician attesting that the information stated is true and correct to the best of his or her knowledge.

(3) A report made under this subsection shall not contain the name of the pregnant woman upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.

(d) The physician or abortion facility shall: (1) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (2) Report to the department the number of abortions performed because of rape or incest.

(1) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and

(2) Report to the department the number of abortions performed because of rape or incest.

Amended by Act 2021, No. 787,§ 8, eff. 7/28/2021.

Amended by Act 2021, No. 787,§ 7, eff. 7/28/2021.

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-7-133 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-133
Child Health Advisory Committee - Creation
Status: in_force

(a) There is created a Child Health Advisory Committee to consist of twenty (20) members. (b) (1) The Secretary of the Department of Health shall appoint: (A) One (1) member to represent the Department of Health; (B) One (1) member to represent the Arkansas Academy of Nutrition and Dietetics; (C) One (1) member to represent the American Academy of Pediatrics, Arkansas Chapter; (D) One (1) member to represent the Arkansas Academy of Family Physicians, Inc.; (E) One (1) member to represent the Arkansas Association for Health, Physical Education, Recreation and Dance; (F) One (1) member to represent jointly the American Heart Association, the American Cancer Society, and the American Lung Association; (G) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; (H) One (1) member to represent the Arkansas Center for Health Improvement; (I) One (1) member to represent the Arkansas Advocates for Children and Families; (J) One (1) member to represent the University of Arkansas Cooperative Extension Service; and (K) One (1) member to represent the Office of Minority Health and Health Disparities of the Department of Health. (2) The Commissioner of Elementary and Secondary Education shall appoint: (A) One (1) member to represent the Division of Elementary and Secondary Education; (B) One (1) member to represent the Arkansas School Nutrition Association; (C) One (1) member to represent the Arkansas School Nurses Association; (D) One (1) member to represent the Arkansas Association of Educational Administrators; (E) One (1) member to represent the Arkansas PTA; (F) One (1) member to represent the Arkansas School Boards Association; (G) One (1) member to represent the Arkansas Association of School Business Officials; (H) One (1) member to represent the Arkansas Association for Supervision and Curriculum Development; and (I) One (1) member who is a classroom teacher. (c) Terms of committee members shall be three (3) years except for the initial members, whose terms shall be determined by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year. (d) If a vacancy occurs, the officer who made the original appointment shall appoint a person who represents the same constituency as the member being replaced. (e) The committee shall elect one (1) of its members to act as chair for a term of one (1) year. (f) A majority of the members shall constitute a quorum for the transaction of business. (g) The committee shall meet at least monthly. (h) The Department of Health shall provide office space and staff for the committee. (i) Members of the committee shall serve without pay but may receive expense reimbursement in accordance with § 25-16-902 if funds are available. Amended by Act 2019, No. 910,§ 4934, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4933, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4932, eff. 7/1/2019. Acts 2003, No. 1220, § 1; 2007, No. 719, § 1.

(a) There is created a Child Health Advisory Committee to consist of twenty (20) members.

(b) (1) The Secretary of the Department of Health shall appoint: (A) One (1) member to represent the Department of Health; (B) One (1) member to represent the Arkansas Academy of Nutrition and Dietetics; (C) One (1) member to represent the American Academy of Pediatrics, Arkansas Chapter; (D) One (1) member to represent the Arkansas Academy of Family Physicians, Inc.; (E) One (1) member to represent the Arkansas Association for Health, Physical Education, Recreation and Dance; (F) One (1) member to represent jointly the American Heart Association, the American Cancer Society, and the American Lung Association; (G) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; (H) One (1) member to represent the Arkansas Center for Health Improvement; (I) One (1) member to represent the Arkansas Advocates for Children and Families; (J) One (1) member to represent the University of Arkansas Cooperative Extension Service; and (K) One (1) member to represent the Office of Minority Health and Health Disparities of the Department of Health. (2) The Commissioner of Elementary and Secondary Education shall appoint: (A) One (1) member to represent the Division of Elementary and Secondary Education; (B) One (1) member to represent the Arkansas School Nutrition Association; (C) One (1) member to represent the Arkansas School Nurses Association; (D) One (1) member to represent the Arkansas Association of Educational Administrators; (E) One (1) member to represent the Arkansas PTA; (F) One (1) member to represent the Arkansas School Boards Association; (G) One (1) member to represent the Arkansas Association of School Business Officials; (H) One (1) member to represent the Arkansas Association for Supervision and Curriculum Development; and (I) One (1) member who is a classroom teacher.

(1) The Secretary of the Department of Health shall appoint: (A) One (1) member to represent the Department of Health; (B) One (1) member to represent the Arkansas Academy of Nutrition and Dietetics; (C) One (1) member to represent the American Academy of Pediatrics, Arkansas Chapter; (D) One (1) member to represent the Arkansas Academy of Family Physicians, Inc.; (E) One (1) member to represent the Arkansas Association for Health, Physical Education, Recreation and Dance; (F) One (1) member to represent jointly the American Heart Association, the American Cancer Society, and the American Lung Association; (G) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; (H) One (1) member to represent the Arkansas Center for Health Improvement; (I) One (1) member to represent the Arkansas Advocates for Children and Families; (J) One (1) member to represent the University of Arkansas Cooperative Extension Service; and (K) One (1) member to represent the Office of Minority Health and Health Disparities of the Department of Health.

(A) One (1) member to represent the Department of Health;

(B) One (1) member to represent the Arkansas Academy of Nutrition and Dietetics;

(C) One (1) member to represent the American Academy of Pediatrics, Arkansas Chapter;

(D) One (1) member to represent the Arkansas Academy of Family Physicians, Inc.;

(E) One (1) member to represent the Arkansas Association for Health, Physical Education, Recreation and Dance;

(F) One (1) member to represent jointly the American Heart Association, the American Cancer Society, and the American Lung Association;

(G) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences;

(H) One (1) member to represent the Arkansas Center for Health Improvement;

(I) One (1) member to represent the Arkansas Advocates for Children and Families;

(J) One (1) member to represent the University of Arkansas Cooperative Extension Service; and

(K) One (1) member to represent the Office of Minority Health and Health Disparities of the Department of Health.

(2) The Commissioner of Elementary and Secondary Education shall appoint: (A) One (1) member to represent the Division of Elementary and Secondary Education; (B) One (1) member to represent the Arkansas School Nutrition Association; (C) One (1) member to represent the Arkansas School Nurses Association; (D) One (1) member to represent the Arkansas Association of Educational Administrators; (E) One (1) member to represent the Arkansas PTA; (F) One (1) member to represent the Arkansas School Boards Association; (G) One (1) member to represent the Arkansas Association of School Business Officials; (H) One (1) member to represent the Arkansas Association for Supervision and Curriculum Development; and (I) One (1) member who is a classroom teacher.

(A) One (1) member to represent the Division of Elementary and Secondary Education;

(B) One (1) member to represent the Arkansas School Nutrition Association;

(C) One (1) member to represent the Arkansas School Nurses Association;

(D) One (1) member to represent the Arkansas Association of Educational Administrators;

(E) One (1) member to represent the Arkansas PTA;

(F) One (1) member to represent the Arkansas School Boards Association;

(G) One (1) member to represent the Arkansas Association of School Business Officials;

(H) One (1) member to represent the Arkansas Association for Supervision and Curriculum Development; and

(I) One (1) member who is a classroom teacher.

(c) Terms of committee members shall be three (3) years except for the initial members, whose terms shall be determined by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year.

(d) If a vacancy occurs, the officer who made the original appointment shall appoint a person who represents the same constituency as the member being replaced.

(e) The committee shall elect one (1) of its members to act as chair for a term of one (1) year.

(f) A majority of the members shall constitute a quorum for the transaction of business.

(g) The committee shall meet at least monthly.

(h) The Department of Health shall provide office space and staff for the committee.

(i) Members of the committee shall serve without pay but may receive expense reimbursement in accordance with § 25-16-902 if funds are available.

Amended by Act 2019, No. 910,§ 4934, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4933, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4932, eff. 7/1/2019.

Acts 2003, No. 1220, § 1; 2007, No. 719, § 1.
Ark. Code Ann. § 20-38-112 — AR Code / Title 20 / Chapter 38 / Section 20-38-112
Exclusions - Licensed professionals - Completion of criminal history records check
Status: in_force

(a) Except for employees of licensed childcare facilities or church-operated exempt childcare facilities, this subchapter does not apply to a person who provides care to clients of a service provider subject to a professional license issued under: (1) Section 17-27-101 et seq., regarding licensed professional counselors; (2) The Arkansas Dental Practice Act, § 17-82-101 et seq., regarding dentists; (3) Section 17-87-101 et seq., regarding nurses; (4) The Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq., regarding occupational therapists; (5) Section 17-92-101 et seq., regarding pharmacists; (6) The Arkansas Physical Therapy Act, § 17-93-101 et seq., regarding physical therapists; (7) The Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., § 17-95-401 et seq., regarding physicians and surgeons; (8) Section 17-96-101 et seq., regarding podiatrists; (9) Section 17-97-101 et seq., regarding psychologists and psychological examiners; (10) The Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., regarding speech-language pathologists and audiologists; or (11) The Social Work Licensing Act, § 17-103-101 et seq., regarding social workers. (b) (1) "Professional license" shall not include certification. (2) "Certified persons" includes certified nursing assistants and certified home health aides. (c) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , if the service provider can verify that the applicant has maintained employment in the State of Arkansas for the past twelve (12) months and has successfully completed a criminal history records check within the past twelve (12) months, the service provider is not required to conduct a criminal history records check on the applicant. (d) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , if a service provider can verify that an applicant or employee has been the subject of an employment determination described in subsection (e) of this section, the service provider is not required to conduct any further criminal history records check on the applicant or employee to determine eligibility for employment except as required under § 20-38-103(d) for continued employment. (e) (1) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider shall be fully acceptable and transferrable upon request between the following divisions and offices of the Department of Education or the Department of Human Services: (A) The Division of Child Care and Early Childhood Education for a childcare facility or church-exempt childcare facility; (B) The Division of Developmental Disabilities Services for an Alternative Community Services Waiver Program provider, an early intervention provider, or a nonprofit community program; (C) The Office of Long-Term Care for a long-term care facility licensed as an intermediate care facility for individuals with developmental disabilities; and (D) The Department of Human Services for an entity licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq. (2) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , the divisions and office listed in subdivision (e)(1) of this section shall accept from any other division or office listed in subdivision (e)(1) of this section an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider in each instance that the following conditions are met: (A) The employee is or applicant will be continuously employed by the service provider in one (1) or more of the service provider types described in subdivision (e)(1) of this section; (B) The applicable service provider types in which an employee is employed or an applicant will be employed are operated and administered by the same service provider; (C) The service provider maintains evidence acceptable to the licensing or certifying agency that the service provider types for which employment determinations and criminal history records checks are accepted under this subsection are operated and administered by the same service provider; and (D) The service provider maintains an original or copy of the determination letter for each employee at the service provider type for which employment determinations and criminal history records checks are accepted under this subsection and at which the employee who is the subject of the determination letter is employed. Amended by Act 2023, No. 237,§ 65, eff. 7/1/2023. Amended by Act 2013, No. 1132,§ 27, eff. 8/16/2013. Amended by Act 2013, No. 990,§ 4, eff. 4/8/2013. Acts 2009, No. 762, § 4; 2011, No. 516, § 4.

(a) Except for employees of licensed childcare facilities or church-operated exempt childcare facilities, this subchapter does not apply to a person who provides care to clients of a service provider subject to a professional license issued under: (1) Section 17-27-101 et seq., regarding licensed professional counselors; (2) The Arkansas Dental Practice Act, § 17-82-101 et seq., regarding dentists; (3) Section 17-87-101 et seq., regarding nurses; (4) The Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq., regarding occupational therapists; (5) Section 17-92-101 et seq., regarding pharmacists; (6) The Arkansas Physical Therapy Act, § 17-93-101 et seq., regarding physical therapists; (7) The Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., § 17-95-401 et seq., regarding physicians and surgeons; (8) Section 17-96-101 et seq., regarding podiatrists; (9) Section 17-97-101 et seq., regarding psychologists and psychological examiners; (10) The Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., regarding speech-language pathologists and audiologists; or (11) The Social Work Licensing Act, § 17-103-101 et seq., regarding social workers.

(1) Section 17-27-101 et seq., regarding licensed professional counselors;

(2) The Arkansas Dental Practice Act, § 17-82-101 et seq., regarding dentists;

(3) Section 17-87-101 et seq., regarding nurses;

(4) The Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq., regarding occupational therapists;

(5) Section 17-92-101 et seq., regarding pharmacists;

(6) The Arkansas Physical Therapy Act, § 17-93-101 et seq., regarding physical therapists;

(7) The Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., § 17-95-401 et seq., regarding physicians and surgeons;

(8) Section 17-96-101 et seq., regarding podiatrists;

(9) Section 17-97-101 et seq., regarding psychologists and psychological examiners;

(10) The Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., regarding speech-language pathologists and audiologists; or

(11) The Social Work Licensing Act, § 17-103-101 et seq., regarding social workers.

(b) (1) "Professional license" shall not include certification. (2) "Certified persons" includes certified nursing assistants and certified home health aides.

(1) "Professional license" shall not include certification.

(2) "Certified persons" includes certified nursing assistants and certified home health aides.

(c) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , if the service provider can verify that the applicant has maintained employment in the State of Arkansas for the past twelve (12) months and has successfully completed a criminal history records check within the past twelve (12) months, the service provider is not required to conduct a criminal history records check on the applicant.

(d) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , if a service provider can verify that an applicant or employee has been the subject of an employment determination described in subsection (e) of this section, the service provider is not required to conduct any further criminal history records check on the applicant or employee to determine eligibility for employment except as required under § 20-38-103(d) for continued employment.

(e) (1) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider shall be fully acceptable and transferrable upon request between the following divisions and offices of the Department of Education or the Department of Human Services: (A) The Division of Child Care and Early Childhood Education for a childcare facility or church-exempt childcare facility; (B) The Division of Developmental Disabilities Services for an Alternative Community Services Waiver Program provider, an early intervention provider, or a nonprofit community program; (C) The Office of Long-Term Care for a long-term care facility licensed as an intermediate care facility for individuals with developmental disabilities; and (D) The Department of Human Services for an entity licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq. (2) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , the divisions and office listed in subdivision (e)(1) of this section shall accept from any other division or office listed in subdivision (e)(1) of this section an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider in each instance that the following conditions are met: (A) The employee is or applicant will be continuously employed by the service provider in one (1) or more of the service provider types described in subdivision (e)(1) of this section; (B) The applicable service provider types in which an employee is employed or an applicant will be employed are operated and administered by the same service provider; (C) The service provider maintains evidence acceptable to the licensing or certifying agency that the service provider types for which employment determinations and criminal history records checks are accepted under this subsection are operated and administered by the same service provider; and (D) The service provider maintains an original or copy of the determination letter for each employee at the service provider type for which employment determinations and criminal history records checks are accepted under this subsection and at which the employee who is the subject of the determination letter is employed.

(1) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider shall be fully acceptable and transferrable upon request between the following divisions and offices of the Department of Education or the Department of Human Services: (A) The Division of Child Care and Early Childhood Education for a childcare facility or church-exempt childcare facility; (B) The Division of Developmental Disabilities Services for an Alternative Community Services Waiver Program provider, an early intervention provider, or a nonprofit community program; (C) The Office of Long-Term Care for a long-term care facility licensed as an intermediate care facility for individuals with developmental disabilities; and (D) The Department of Human Services for an entity licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.

(A) The Division of Child Care and Early Childhood Education for a childcare facility or church-exempt childcare facility;

(B) The Division of Developmental Disabilities Services for an Alternative Community Services Waiver Program provider, an early intervention provider, or a nonprofit community program;

(C) The Office of Long-Term Care for a long-term care facility licensed as an intermediate care facility for individuals with developmental disabilities; and

(D) The Department of Human Services for an entity licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.

(2) With the exception of applicants and employees qualified under § 20-38-105(d)(3) , the divisions and office listed in subdivision (e)(1) of this section shall accept from any other division or office listed in subdivision (e)(1) of this section an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider in each instance that the following conditions are met: (A) The employee is or applicant will be continuously employed by the service provider in one (1) or more of the service provider types described in subdivision (e)(1) of this section; (B) The applicable service provider types in which an employee is employed or an applicant will be employed are operated and administered by the same service provider; (C) The service provider maintains evidence acceptable to the licensing or certifying agency that the service provider types for which employment determinations and criminal history records checks are accepted under this subsection are operated and administered by the same service provider; and (D) The service provider maintains an original or copy of the determination letter for each employee at the service provider type for which employment determinations and criminal history records checks are accepted under this subsection and at which the employee who is the subject of the determination letter is employed.

(A) The employee is or applicant will be continuously employed by the service provider in one (1) or more of the service provider types described in subdivision (e)(1) of this section;

(B) The applicable service provider types in which an employee is employed or an applicant will be employed are operated and administered by the same service provider;

(C) The service provider maintains evidence acceptable to the licensing or certifying agency that the service provider types for which employment determinations and criminal history records checks are accepted under this subsection are operated and administered by the same service provider; and

(D) The service provider maintains an original or copy of the determination letter for each employee at the service provider type for which employment determinations and criminal history records checks are accepted under this subsection and at which the employee who is the subject of the determination letter is employed.

Amended by Act 2023, No. 237,§ 65, eff. 7/1/2023.

Amended by Act 2013, No. 1132,§ 27, eff. 8/16/2013.

Amended by Act 2013, No. 990,§ 4, eff. 4/8/2013.

Acts 2009, No. 762, § 4; 2011, No. 516, § 4.
Ark. Code Ann. § 20-27-801 — AR Code / Title 20 / Chapter 27 / Subchapter 8 / Section 20-27-801
Unlawful to leave unattended - Exception
Status: in_force

(a) (1) It shall be unlawful for any person, firm, or corporation to leave or permit to remain outside of any dwelling, building, or other structure or within any unoccupied or abandoned building, dwelling, or other structure under his, her, or its control in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that may not be released from the inside without first removing the door or lid, snaplock, or other locking device from the icebox, refrigerator, or container. (2) This subchapter shall not apply to reefers, refrigerator, or icer cars of any railroad or railway express agency or any other refrigerator vehicles unless the vehicles have been abandoned or discarded. (b) (1) The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors shall have the right to remove the door hinges or to dismantle, if necessary, any icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that violates this subchapter. (2) The administrator or any of his or her deputies or inspectors shall have the right to enter any junkyard, vacant lot, dump, yard, unoccupied or abandoned building, dwelling, or other structure or place frequented by children in order to perform duties pursuant to this section. (c) (1) Any person, firm, or corporation that is found guilty of a violation of this section shall be guilty of a violation and upon conviction subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each violation. (2) Each icebox, refrigerator, or other container abandoned in a condition contrary to this section shall be deemed a separate offense. Amended by Act 2019, No. 910,§ 5483, eff. 7/1/2019. Acts 1957, No. 347, § 1; 1965, No. 44, § 1; A.S.A. 1947, § 82-730; Acts 2005, No. 1994, § 126.

(a) (1) It shall be unlawful for any person, firm, or corporation to leave or permit to remain outside of any dwelling, building, or other structure or within any unoccupied or abandoned building, dwelling, or other structure under his, her, or its control in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that may not be released from the inside without first removing the door or lid, snaplock, or other locking device from the icebox, refrigerator, or container. (2) This subchapter shall not apply to reefers, refrigerator, or icer cars of any railroad or railway express agency or any other refrigerator vehicles unless the vehicles have been abandoned or discarded.

(1) It shall be unlawful for any person, firm, or corporation to leave or permit to remain outside of any dwelling, building, or other structure or within any unoccupied or abandoned building, dwelling, or other structure under his, her, or its control in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that may not be released from the inside without first removing the door or lid, snaplock, or other locking device from the icebox, refrigerator, or container.

(2) This subchapter shall not apply to reefers, refrigerator, or icer cars of any railroad or railway express agency or any other refrigerator vehicles unless the vehicles have been abandoned or discarded.

(b) (1) The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors shall have the right to remove the door hinges or to dismantle, if necessary, any icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that violates this subchapter. (2) The administrator or any of his or her deputies or inspectors shall have the right to enter any junkyard, vacant lot, dump, yard, unoccupied or abandoned building, dwelling, or other structure or place frequented by children in order to perform duties pursuant to this section.

(1) The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors shall have the right to remove the door hinges or to dismantle, if necessary, any icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that violates this subchapter.

(2) The administrator or any of his or her deputies or inspectors shall have the right to enter any junkyard, vacant lot, dump, yard, unoccupied or abandoned building, dwelling, or other structure or place frequented by children in order to perform duties pursuant to this section.

(c) (1) Any person, firm, or corporation that is found guilty of a violation of this section shall be guilty of a violation and upon conviction subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each violation. (2) Each icebox, refrigerator, or other container abandoned in a condition contrary to this section shall be deemed a separate offense.

(1) Any person, firm, or corporation that is found guilty of a violation of this section shall be guilty of a violation and upon conviction subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each violation.

(2) Each icebox, refrigerator, or other container abandoned in a condition contrary to this section shall be deemed a separate offense.

Amended by Act 2019, No. 910,§ 5483, eff. 7/1/2019.

Acts 1957, No. 347, § 1; 1965, No. 44, § 1; A.S.A. 1947, § 82-730; Acts 2005, No. 1994, § 126.
Ark. Code Ann. § 20-27-1002 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1002
Penalties
Status: in_force

(a) Any person who violates any provision of this subchapter or commits any unlawful act thereunder or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission shall be subject to the penalty provisions provided in § 8-4-103 . (b) All moneys collected as civil penalties shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509 . Amended by Act 2019, No. 315,§ 2096, eff. 7/24/2019. Acts 1985, No. 394, § 7; A.S.A. 1947, § 82-1950; Acts 1993, No. 817, § 6; 1999, No. 142, § 1; 2005, No. 1824, § 19.

(a) Any person who violates any provision of this subchapter or commits any unlawful act thereunder or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission shall be subject to the penalty provisions provided in § 8-4-103 .

(b) All moneys collected as civil penalties shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509 .

Amended by Act 2019, No. 315,§ 2096, eff. 7/24/2019.

Acts 1985, No. 394, § 7; A.S.A. 1947, § 82-1950; Acts 1993, No. 817, § 6; 1999, No. 142, § 1; 2005, No. 1824, § 19.
Ark. Code Ann. § 20-48-206 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-206
Board of Developmental Disabilities Services - Human development centers - Powers and duties - Admission
Status: in_force

(a) With regard to the establishing and operating of the human development centers, the Board of Developmental Disabilities Services, in addition to the authorities, rights, and duties granted by this subchapter, shall continue to have all of its authorities, rights, and duties granted by existing law, which shall include, without limitation, the applicable provisions of § 20-48-401 et seq. and § 20-48-501 et seq., save only those instances where there are express inconsistencies, in which event the provisions of this subchapter shall control. (b) (1) Admissions to the institutional facilities of the human development centers shall be on the basis of a determination by the board that: (A) The individual involved has an intellectual and developmental disability; (B) His or her parent or guardian has resided in the state not less than three (3) years before the date of the filing of the petition for his or her admission, or the individual involved is a dependent and a public charge or ward of the state or a political subdivision thereof; (C) The welfare of the individual involved requires the special care, training, or education provided by institutional facilities of the human development center; and (D) The board has adequate funds and institutional facilities available for the care, training, or education of the individual. (2) (A) The determination of whether an individual has an intellectual and developmental disability shall be made after there has been an investigation that includes an examination by an evaluation team appointed by the board. (B) The team shall be composed of two (2) or more physicians, psychiatrists, psychologists, or other persons found by the board to be professionally qualified on the basis of training and experience in services for individuals with intellectual and developmental disabilities to make a determination as to whether the individual involved has an intellectual and developmental disability. Amended by Act 2019, No. 1035,§ 21, eff. 7/24/2019. Acts 1969, No. 265, § 11; A.S.A. 1947, § 59-1011.

(a) With regard to the establishing and operating of the human development centers, the Board of Developmental Disabilities Services, in addition to the authorities, rights, and duties granted by this subchapter, shall continue to have all of its authorities, rights, and duties granted by existing law, which shall include, without limitation, the applicable provisions of § 20-48-401 et seq. and § 20-48-501 et seq., save only those instances where there are express inconsistencies, in which event the provisions of this subchapter shall control.

(b) (1) Admissions to the institutional facilities of the human development centers shall be on the basis of a determination by the board that: (A) The individual involved has an intellectual and developmental disability; (B) His or her parent or guardian has resided in the state not less than three (3) years before the date of the filing of the petition for his or her admission, or the individual involved is a dependent and a public charge or ward of the state or a political subdivision thereof; (C) The welfare of the individual involved requires the special care, training, or education provided by institutional facilities of the human development center; and (D) The board has adequate funds and institutional facilities available for the care, training, or education of the individual. (2) (A) The determination of whether an individual has an intellectual and developmental disability shall be made after there has been an investigation that includes an examination by an evaluation team appointed by the board. (B) The team shall be composed of two (2) or more physicians, psychiatrists, psychologists, or other persons found by the board to be professionally qualified on the basis of training and experience in services for individuals with intellectual and developmental disabilities to make a determination as to whether the individual involved has an intellectual and developmental disability.

(1) Admissions to the institutional facilities of the human development centers shall be on the basis of a determination by the board that: (A) The individual involved has an intellectual and developmental disability; (B) His or her parent or guardian has resided in the state not less than three (3) years before the date of the filing of the petition for his or her admission, or the individual involved is a dependent and a public charge or ward of the state or a political subdivision thereof; (C) The welfare of the individual involved requires the special care, training, or education provided by institutional facilities of the human development center; and (D) The board has adequate funds and institutional facilities available for the care, training, or education of the individual.

(A) The individual involved has an intellectual and developmental disability;

(B) His or her parent or guardian has resided in the state not less than three (3) years before the date of the filing of the petition for his or her admission, or the individual involved is a dependent and a public charge or ward of the state or a political subdivision thereof;

(C) The welfare of the individual involved requires the special care, training, or education provided by institutional facilities of the human development center; and

(D) The board has adequate funds and institutional facilities available for the care, training, or education of the individual.

(2) (A) The determination of whether an individual has an intellectual and developmental disability shall be made after there has been an investigation that includes an examination by an evaluation team appointed by the board. (B) The team shall be composed of two (2) or more physicians, psychiatrists, psychologists, or other persons found by the board to be professionally qualified on the basis of training and experience in services for individuals with intellectual and developmental disabilities to make a determination as to whether the individual involved has an intellectual and developmental disability.

(A) The determination of whether an individual has an intellectual and developmental disability shall be made after there has been an investigation that includes an examination by an evaluation team appointed by the board.

(B) The team shall be composed of two (2) or more physicians, psychiatrists, psychologists, or other persons found by the board to be professionally qualified on the basis of training and experience in services for individuals with intellectual and developmental disabilities to make a determination as to whether the individual involved has an intellectual and developmental disability.

Amended by Act 2019, No. 1035,§ 21, eff. 7/24/2019.

Acts 1969, No. 265, § 11; A.S.A. 1947, § 59-1011.
Ark. Code Ann. § 20-48-1004 — AR Code / Title 20 / Chapter 48 / Subchapter 10 / Section 20-48-1004
Use of funds
Status: in_force

(a) (1) The provider fee imposed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund. (2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund. (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., shall be used only as follows: (A) For the amount resulting from the first five and five-tenths percent (5.5%) of the provider fee: (i) A minimum of fifty percent (50%) shall be used for the support and enhancement of services under the Community and Employment Support Waiver Program to persons with developmental disabilities; and (ii) An amount not to exceed fifty percent (50%) may be used by the Division of Medical Services; and (B) The amount resulting from the next five-tenths of one percent (0.5%) of the provider fee shall be used by the Division of Developmental Disabilities Services for the support of the state's human development centers. (b) (1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter that are unused at the end of a fiscal year shall be carried forward. (2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter may not be used to supplant other local, state, or federal funds. (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues. Amended by Act 2019, No. 1035,§ 46, eff. 7/24/2019. Amended by Act 2013, No. 1132,§ 36, eff. 8/16/2013. Acts 2011, No. 275, § 1.

(a) (1) The provider fee imposed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund. (2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund. (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., shall be used only as follows: (A) For the amount resulting from the first five and five-tenths percent (5.5%) of the provider fee: (i) A minimum of fifty percent (50%) shall be used for the support and enhancement of services under the Community and Employment Support Waiver Program to persons with developmental disabilities; and (ii) An amount not to exceed fifty percent (50%) may be used by the Division of Medical Services; and (B) The amount resulting from the next five-tenths of one percent (0.5%) of the provider fee shall be used by the Division of Developmental Disabilities Services for the support of the state's human development centers.

(1) The provider fee imposed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.

(2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.

(3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., shall be used only as follows: (A) For the amount resulting from the first five and five-tenths percent (5.5%) of the provider fee: (i) A minimum of fifty percent (50%) shall be used for the support and enhancement of services under the Community and Employment Support Waiver Program to persons with developmental disabilities; and (ii) An amount not to exceed fifty percent (50%) may be used by the Division of Medical Services; and (B) The amount resulting from the next five-tenths of one percent (0.5%) of the provider fee shall be used by the Division of Developmental Disabilities Services for the support of the state's human development centers.

(A) For the amount resulting from the first five and five-tenths percent (5.5%) of the provider fee: (i) A minimum of fifty percent (50%) shall be used for the support and enhancement of services under the Community and Employment Support Waiver Program to persons with developmental disabilities; and (ii) An amount not to exceed fifty percent (50%) may be used by the Division of Medical Services; and

(i) A minimum of fifty percent (50%) shall be used for the support and enhancement of services under the Community and Employment Support Waiver Program to persons with developmental disabilities; and

(ii) An amount not to exceed fifty percent (50%) may be used by the Division of Medical Services; and

(B) The amount resulting from the next five-tenths of one percent (0.5%) of the provider fee shall be used by the Division of Developmental Disabilities Services for the support of the state's human development centers.

(b) (1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter that are unused at the end of a fiscal year shall be carried forward. (2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter may not be used to supplant other local, state, or federal funds. (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.

(1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter that are unused at the end of a fiscal year shall be carried forward.

(2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter may not be used to supplant other local, state, or federal funds.

(3) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.

Amended by Act 2019, No. 1035,§ 46, eff. 7/24/2019.

Amended by Act 2013, No. 1132,§ 36, eff. 8/16/2013.

Acts 2011, No. 275, § 1.
Ark. Code Ann. § 20-36-103 — AR Code / Title 20 / Chapter 36 / Section 20-36-103
Duties
Status: in_force

(a) (1) The Department of Health shall adopt rules for the implementation of the biological agent registry program as follows: (A) Determining and listing the biological agents required to be reported under this section; (B) Designating persons required to make reports and specific information required to be reported, including time limits for reporting, form of reports, and to whom reports shall be submitted; (C) Providing for the release of information in the registry to state and federal law enforcement agencies and the United States Centers for Disease Control and Prevention under a communicable disease investigation commenced or conducted by the department or other state or federal law enforcement agencies having investigatory authority, or in connection with any investigation involving release, theft, or loss of biological agents; (D) Establishing a system of safeguards that requires persons possessing and maintaining biological agents subject to this section to comply with the same federal standards that apply to persons registered to possess the same agents under federal law; and (E) Establishing a process for persons that possess and maintain biological agents to alert appropriate authorities of unauthorized possession or attempted possession of biological agents. (2) The rules shall designate appropriate authorities for receipt of alerts from these persons. (b) Any person that possesses and maintains any biological agent required to be reported under this section shall report to the department the information required for inclusion in the biological agent registry. (c) (1) Except as otherwise provided in this section, information prepared for or maintained in the registry under this section shall be confidential and shall not be a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) The department may release information contained in the registry for the purpose of conducting or aiding in a communicable disease investigation. (3) The department shall cooperate with and may share information contained in the registry with the United States Centers for Disease Control and Prevention and state and federal law enforcement agencies in any investigation involving the release, theft, or loss of a biological agent required to be reported under this section. (4) Release of information from the registry as authorized under this subsection shall not render the information released a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq. (5) Release of information from the registry as authorized under this subsection also shall not render the information prepared for or maintained in the registry a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 2003, No. 1080, § 1.

(a) (1) The Department of Health shall adopt rules for the implementation of the biological agent registry program as follows: (A) Determining and listing the biological agents required to be reported under this section; (B) Designating persons required to make reports and specific information required to be reported, including time limits for reporting, form of reports, and to whom reports shall be submitted; (C) Providing for the release of information in the registry to state and federal law enforcement agencies and the United States Centers for Disease Control and Prevention under a communicable disease investigation commenced or conducted by the department or other state or federal law enforcement agencies having investigatory authority, or in connection with any investigation involving release, theft, or loss of biological agents; (D) Establishing a system of safeguards that requires persons possessing and maintaining biological agents subject to this section to comply with the same federal standards that apply to persons registered to possess the same agents under federal law; and (E) Establishing a process for persons that possess and maintain biological agents to alert appropriate authorities of unauthorized possession or attempted possession of biological agents. (2) The rules shall designate appropriate authorities for receipt of alerts from these persons.

(1) The Department of Health shall adopt rules for the implementation of the biological agent registry program as follows: (A) Determining and listing the biological agents required to be reported under this section; (B) Designating persons required to make reports and specific information required to be reported, including time limits for reporting, form of reports, and to whom reports shall be submitted; (C) Providing for the release of information in the registry to state and federal law enforcement agencies and the United States Centers for Disease Control and Prevention under a communicable disease investigation commenced or conducted by the department or other state or federal law enforcement agencies having investigatory authority, or in connection with any investigation involving release, theft, or loss of biological agents; (D) Establishing a system of safeguards that requires persons possessing and maintaining biological agents subject to this section to comply with the same federal standards that apply to persons registered to possess the same agents under federal law; and (E) Establishing a process for persons that possess and maintain biological agents to alert appropriate authorities of unauthorized possession or attempted possession of biological agents.

(A) Determining and listing the biological agents required to be reported under this section;

(B) Designating persons required to make reports and specific information required to be reported, including time limits for reporting, form of reports, and to whom reports shall be submitted;

(C) Providing for the release of information in the registry to state and federal law enforcement agencies and the United States Centers for Disease Control and Prevention under a communicable disease investigation commenced or conducted by the department or other state or federal law enforcement agencies having investigatory authority, or in connection with any investigation involving release, theft, or loss of biological agents;

(D) Establishing a system of safeguards that requires persons possessing and maintaining biological agents subject to this section to comply with the same federal standards that apply to persons registered to possess the same agents under federal law; and

(E) Establishing a process for persons that possess and maintain biological agents to alert appropriate authorities of unauthorized possession or attempted possession of biological agents.

(2) The rules shall designate appropriate authorities for receipt of alerts from these persons.

(b) Any person that possesses and maintains any biological agent required to be reported under this section shall report to the department the information required for inclusion in the biological agent registry.

(c) (1) Except as otherwise provided in this section, information prepared for or maintained in the registry under this section shall be confidential and shall not be a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) The department may release information contained in the registry for the purpose of conducting or aiding in a communicable disease investigation. (3) The department shall cooperate with and may share information contained in the registry with the United States Centers for Disease Control and Prevention and state and federal law enforcement agencies in any investigation involving the release, theft, or loss of a biological agent required to be reported under this section. (4) Release of information from the registry as authorized under this subsection shall not render the information released a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq. (5) Release of information from the registry as authorized under this subsection also shall not render the information prepared for or maintained in the registry a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) Except as otherwise provided in this section, information prepared for or maintained in the registry under this section shall be confidential and shall not be a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) The department may release information contained in the registry for the purpose of conducting or aiding in a communicable disease investigation.

(3) The department shall cooperate with and may share information contained in the registry with the United States Centers for Disease Control and Prevention and state and federal law enforcement agencies in any investigation involving the release, theft, or loss of a biological agent required to be reported under this section.

(4) Release of information from the registry as authorized under this subsection shall not render the information released a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(5) Release of information from the registry as authorized under this subsection also shall not render the information prepared for or maintained in the registry a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 2003, No. 1080, § 1.
Ark. Code Ann. § 20-64-821 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-821
Initial hearing - Determination - Evaluation
Status: in_force

(a) In each case a hearing shall be set by the court within five (5) days, excluding weekends and holidays, of the filing of a petition for involuntary commitment, with a request for continued detention or for involuntary commitment with a request for immediate detention. (b) (1) (A) A person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing may undergo a screening and assessment within twenty-four (24) hours of the immediate detention. (B) (i) Except as provided in subdivision (b)(1)(C) of this section, a screening and assessment shall be conducted by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (ii) The division shall assign contractors to conduct screenings and assessments under this subdivision (b)(1). (iii) The division shall assume the cost of the screening and assessment. (C) (i) If a person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing declines a screening and assessment by a contractor with the division under subdivision (b)(1)(B) of this section, the person may undergo a screening and assessment by a qualified professional of his or her choosing within twenty-four (24) hours of the immediate detention. (ii) The person named in the petition for involuntary commitment shall assume the cost of a screening and assessment by a qualified professional of his or her choosing. (2) (A) The person conducting a screening and assessment under subdivision (b)(1) of this section shall provide a copy of the results of the screening and assessment to the person named in the petition for involuntary commitment and the prosecuting attorney. (B) (i) The prosecuting attorney may provide a copy to the court. (ii) The court may consider the contents of the screening and assessment as part of its determination of whether the standards for involuntary commitment apply to the person. (c) The person named in the original petition may be removed from the presence of the court upon finding that his or her conduct before the court is so disruptive that proceedings cannot be reasonably continued with him or her present. (d) The petitioner shall appear before the circuit judge to substantiate the petition. The court shall make a determination based upon clear and convincing evidence that the standards for involuntary commitment apply to the person. If such a determination is made, the person shall be remanded to a designated agent of the division or the designated receiving facility or program for treatment for a period of up to twenty-one (21) days. (e) Every person remanded for treatment shall have a treatment plan within twenty-four (24) hours of detention. (f) A copy of the court order committing the person to the designated receiving facility or program for treatment shall be forwarded to the designated receiving facility or program within five (5) working days. Amended by Act 2017, No. 913,§ 98, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 29, eff. 8/16/2013. Acts 1989 (3rd Ex. Sess.), No. 10, § 10; 1991, No. 150, § 3; 1997, No. 1246, § 4; 2011, No. 1140, § 1.

(a) In each case a hearing shall be set by the court within five (5) days, excluding weekends and holidays, of the filing of a petition for involuntary commitment, with a request for continued detention or for involuntary commitment with a request for immediate detention.

(b) (1) (A) A person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing may undergo a screening and assessment within twenty-four (24) hours of the immediate detention. (B) (i) Except as provided in subdivision (b)(1)(C) of this section, a screening and assessment shall be conducted by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (ii) The division shall assign contractors to conduct screenings and assessments under this subdivision (b)(1). (iii) The division shall assume the cost of the screening and assessment. (C) (i) If a person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing declines a screening and assessment by a contractor with the division under subdivision (b)(1)(B) of this section, the person may undergo a screening and assessment by a qualified professional of his or her choosing within twenty-four (24) hours of the immediate detention. (ii) The person named in the petition for involuntary commitment shall assume the cost of a screening and assessment by a qualified professional of his or her choosing. (2) (A) The person conducting a screening and assessment under subdivision (b)(1) of this section shall provide a copy of the results of the screening and assessment to the person named in the petition for involuntary commitment and the prosecuting attorney. (B) (i) The prosecuting attorney may provide a copy to the court. (ii) The court may consider the contents of the screening and assessment as part of its determination of whether the standards for involuntary commitment apply to the person.

(1) (A) A person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing may undergo a screening and assessment within twenty-four (24) hours of the immediate detention. (B) (i) Except as provided in subdivision (b)(1)(C) of this section, a screening and assessment shall be conducted by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (ii) The division shall assign contractors to conduct screenings and assessments under this subdivision (b)(1). (iii) The division shall assume the cost of the screening and assessment. (C) (i) If a person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing declines a screening and assessment by a contractor with the division under subdivision (b)(1)(B) of this section, the person may undergo a screening and assessment by a qualified professional of his or her choosing within twenty-four (24) hours of the immediate detention. (ii) The person named in the petition for involuntary commitment shall assume the cost of a screening and assessment by a qualified professional of his or her choosing.

(A) A person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing may undergo a screening and assessment within twenty-four (24) hours of the immediate detention.

(B) (i) Except as provided in subdivision (b)(1)(C) of this section, a screening and assessment shall be conducted by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (ii) The division shall assign contractors to conduct screenings and assessments under this subdivision (b)(1). (iii) The division shall assume the cost of the screening and assessment.

(i) Except as provided in subdivision (b)(1)(C) of this section, a screening and assessment shall be conducted by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(ii) The division shall assign contractors to conduct screenings and assessments under this subdivision (b)(1).

(iii) The division shall assume the cost of the screening and assessment.

(C) (i) If a person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing declines a screening and assessment by a contractor with the division under subdivision (b)(1)(B) of this section, the person may undergo a screening and assessment by a qualified professional of his or her choosing within twenty-four (24) hours of the immediate detention. (ii) The person named in the petition for involuntary commitment shall assume the cost of a screening and assessment by a qualified professional of his or her choosing.

(i) If a person named in a petition for involuntary commitment who is placed in immediate detention pending a hearing declines a screening and assessment by a contractor with the division under subdivision (b)(1)(B) of this section, the person may undergo a screening and assessment by a qualified professional of his or her choosing within twenty-four (24) hours of the immediate detention.

(ii) The person named in the petition for involuntary commitment shall assume the cost of a screening and assessment by a qualified professional of his or her choosing.

(2) (A) The person conducting a screening and assessment under subdivision (b)(1) of this section shall provide a copy of the results of the screening and assessment to the person named in the petition for involuntary commitment and the prosecuting attorney. (B) (i) The prosecuting attorney may provide a copy to the court. (ii) The court may consider the contents of the screening and assessment as part of its determination of whether the standards for involuntary commitment apply to the person.

(A) The person conducting a screening and assessment under subdivision (b)(1) of this section shall provide a copy of the results of the screening and assessment to the person named in the petition for involuntary commitment and the prosecuting attorney.

(B) (i) The prosecuting attorney may provide a copy to the court. (ii) The court may consider the contents of the screening and assessment as part of its determination of whether the standards for involuntary commitment apply to the person.

(i) The prosecuting attorney may provide a copy to the court.

(ii) The court may consider the contents of the screening and assessment as part of its determination of whether the standards for involuntary commitment apply to the person.

(c) The person named in the original petition may be removed from the presence of the court upon finding that his or her conduct before the court is so disruptive that proceedings cannot be reasonably continued with him or her present.

(d) The petitioner shall appear before the circuit judge to substantiate the petition. The court shall make a determination based upon clear and convincing evidence that the standards for involuntary commitment apply to the person. If such a determination is made, the person shall be remanded to a designated agent of the division or the designated receiving facility or program for treatment for a period of up to twenty-one (21) days.

(e) Every person remanded for treatment shall have a treatment plan within twenty-four (24) hours of detention.

(f) A copy of the court order committing the person to the designated receiving facility or program for treatment shall be forwarded to the designated receiving facility or program within five (5) working days.

Amended by Act 2017, No. 913,§ 98, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 29, eff. 8/16/2013.

Acts 1989 (3rd Ex. Sess.), No. 10, § 10; 1991, No. 150, § 3; 1997, No. 1246, § 4; 2011, No. 1140, § 1.
Ark. Code Ann. § 20-58-208 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-208
Display of grade and size required
Status: in_force

(a) All eggs advertised or displayed for sale for human food shall designate the correct grade and size. The designation shall also appear on the exterior of the container in which the eggs are offered for sale. (b) Restaurants, hotels, and other eating establishments using eggs below "A" quality shall be required to display a placard of sturdy quality of not less than eight inches by eleven inches (8" x 11"), stating the quality and weight of the eggs used by the establishment in a location where it can easily be seen by the customers or, in lieu thereof, place this information on the menu. Amended by Act 2023, No. 598,§ 6, eff. 8/1/2023. Acts 1969, No. 220, § 8; 1985, No. 301, § 2; A.S.A. 1947, § 82-1309.

(a) All eggs advertised or displayed for sale for human food shall designate the correct grade and size. The designation shall also appear on the exterior of the container in which the eggs are offered for sale.

(b) Restaurants, hotels, and other eating establishments using eggs below "A" quality shall be required to display a placard of sturdy quality of not less than eight inches by eleven inches (8" x 11"), stating the quality and weight of the eggs used by the establishment in a location where it can easily be seen by the customers or, in lieu thereof, place this information on the menu.

Amended by Act 2023, No. 598,§ 6, eff. 8/1/2023.

Acts 1969, No. 220, § 8; 1985, No. 301, § 2; A.S.A. 1947, § 82-1309.
Ark. Code Ann. § 20-77-104 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-104
Double billing - Legislative intent
Status: in_force

(a) It is the specific intent of this section and § 20-77-105 to prohibit any provider of medical services who participates in the Arkansas Medicaid Program to bill or receive payment from any Medicaid-eligible person, his or her spouse, relative, guardian, or any other prospective payee for services or considerations for which payment is either payable in full or has been paid in full by the program. (b) It is not the intent of this section and § 20-77-105 to eliminate any copayment requirement on the part of any Medicaid-eligible person or his or her payee as required or as provided for in the Arkansas state plan for Medicaid as approved by the United States Department of Health and Human Services. (c) It is the intent of this section and § 20-77-105 to prohibit any payment by any Medicaid-eligible person or his or her payee in excess of the rate or fee for service that the medical services provider has agreed to accept as payment in full as evidenced by written agreement or contract to participate in the program. Acts 1979, No. 617, § 1; A.S.A. 1947, § 83-172.

(a) It is the specific intent of this section and § 20-77-105 to prohibit any provider of medical services who participates in the Arkansas Medicaid Program to bill or receive payment from any Medicaid-eligible person, his or her spouse, relative, guardian, or any other prospective payee for services or considerations for which payment is either payable in full or has been paid in full by the program.

(b) It is not the intent of this section and § 20-77-105 to eliminate any copayment requirement on the part of any Medicaid-eligible person or his or her payee as required or as provided for in the Arkansas state plan for Medicaid as approved by the United States Department of Health and Human Services.

(c) It is the intent of this section and § 20-77-105 to prohibit any payment by any Medicaid-eligible person or his or her payee in excess of the rate or fee for service that the medical services provider has agreed to accept as payment in full as evidenced by written agreement or contract to participate in the program.

Acts 1979, No. 617, § 1; A.S.A. 1947, § 83-172.
Ark. Code Ann. § 20-77-134 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-134
Direct access to chiropractic physicians
Status: in_force

(a) On or before January 1, 2018, the Department of Human Services shall adopt rules to allow a Medicaid recipient direct access to a chiropractic physician. (b) Rules adopted under this section shall: (1) Allow a Medicaid recipient to receive diagnosis and treatment from a chiropractic physician without a referral from a primary care physician; (2) Direct the Division of Medical Services of the Department of Human Services to develop a process for reporting diagnosis, treatment, costs of services, and cost-savings benefits under this section; and (3) Specify that a chiropractic physician who provides diagnosis or treatment, or both, under this section shall receive the same reimbursement as if the Medicaid recipient had been referred to the chiropractic physician by a primary care physician. Added by Act 2017, No. 1092,§ 2, eff. 8/1/2017.

(a) On or before January 1, 2018, the Department of Human Services shall adopt rules to allow a Medicaid recipient direct access to a chiropractic physician.

(b) Rules adopted under this section shall: (1) Allow a Medicaid recipient to receive diagnosis and treatment from a chiropractic physician without a referral from a primary care physician; (2) Direct the Division of Medical Services of the Department of Human Services to develop a process for reporting diagnosis, treatment, costs of services, and cost-savings benefits under this section; and (3) Specify that a chiropractic physician who provides diagnosis or treatment, or both, under this section shall receive the same reimbursement as if the Medicaid recipient had been referred to the chiropractic physician by a primary care physician.

(1) Allow a Medicaid recipient to receive diagnosis and treatment from a chiropractic physician without a referral from a primary care physician;

(2) Direct the Division of Medical Services of the Department of Human Services to develop a process for reporting diagnosis, treatment, costs of services, and cost-savings benefits under this section; and

(3) Specify that a chiropractic physician who provides diagnosis or treatment, or both, under this section shall receive the same reimbursement as if the Medicaid recipient had been referred to the chiropractic physician by a primary care physician.

Added by Act 2017, No. 1092,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 20-7-607 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-607
Providing prescription monitoring information
Status: in_force

(a) (1) (A) (i) The Department of Health shall review the Prescription Drug Monitoring Program information, including without limitation a review to identify information that appears to indicate whether a person is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances based on prescribing criteria determined by the Secretary of the Department of Health upon consultation with the Prescription Drug Monitoring Program Advisory Committee. (ii) The prescribing criteria shall be posted on the website of the department and be available in print upon request. (B) If the information appears to indicate misuse or abuse may have occurred, the department shall notify the practitioners and dispensers who have prescribed or dispensed in the following manner: (i) The department shall provide quarterly reports to the individual practitioners and dispensers; and (ii) If after twelve (12) months of providing quarterly reports to the practitioners and dispensers, the information appears to indicate misuse or abuse may be continuing, the department shall send a report to the licensing boards of the practitioner or dispenser who prescribed or dispensed the prescription. (C) If information of misuse or abuse is identified, the department shall notify the practitioners and dispensers who prescribed or dispensed the prescriptions and the United States Diversion Control Division of the United States Drug Enforcement Administration. (D) On or before January 1, 2019, the department shall contract with a vendor to make the program interactive and to provide same-day reporting in real time, if funding and technology are available. (2) (A) The department may: (i) Review the program information, including without limitation a review to identify information that appears to indicate whether a prescriber or dispenser may be prescribing or dispensing prescriptions in a manner that may represent misuse or abuse of controlled substances; and (ii) Require prescribers or dispensers, or both, to provide physical copies of written or electronic prescriptions upon request to validate data submitted to the program in order to evaluate the information reported by the program. (B) If information of misuse or abuse is identified, the department may notify the professional licensing board of the prescriber or dispenser only after the relevant professional licensing board has provided the department with the parameters for triggering a notification from the department to the professional licensing board. (b) The department shall provide information in the program upon request and at no cost only to the following persons: (1) (A) A person authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for his or her patients or for reviewing information regarding prescriptions that are recorded as having been issued or dispensed by the requester. (B) An agent or employee of the prescriber or dispenser to whom the prescriber or dispenser has delegated the task of assessing the data described in this subsection, but only if the agent or employee has been granted access by a delegate account; (2) A patient who requests his or her own prescription monitoring information; (3) A parent or legal guardian of a minor child who requests the minor child's program information; (4) (A) A designated representative of a professional licensing board of the professions of the healing arts representing healthcare disciplines whose licensees are prescribers pursuant to an investigation of a specific individual, entity, or business licensed or permitted by the licensing board. (B) Except as permitted by subdivision (a)(2) of this section, the department shall provide information under subdivision (b)(4)(A) of this section only if the requesting licensing board states in writing that the information is necessary for an investigation; (5) A mortality review recognized by the department; (6) Local, state, and federal law enforcement or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing controlled substances required to be submitted under this subchapter pursuant to the agency's official duties and responsibilities; and (7) Personnel of the department for purposes of administration and enforcement of this subchapter. (c) Information collected under this subchapter shall be maintained for three (3) years. (d) The department may provide patient, prescriber, or dispenser information to public or private entities for statistical, research, or educational purposes after encrypting or removing any patient's name, street name and number, patient identification number, month and day of birth, and prescriber or dispenser information that could be used to identify individual patients or persons who received prescriptions. (e) The department may provide information in the program to insurance carriers for the purpose of verifying prescriber or dispenser registration for individuals that are part of the health plan's network of providers. Amended by Act 2023, No. 67,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 62,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 4953, eff. 7/1/2019. Amended by Act 2017, No. 820,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 688,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 688,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1208,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 901,§ 4, eff. 7/22/2015. Acts 2011, No. 304, § 1.

(a) (1) (A) (i) The Department of Health shall review the Prescription Drug Monitoring Program information, including without limitation a review to identify information that appears to indicate whether a person is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances based on prescribing criteria determined by the Secretary of the Department of Health upon consultation with the Prescription Drug Monitoring Program Advisory Committee. (ii) The prescribing criteria shall be posted on the website of the department and be available in print upon request. (B) If the information appears to indicate misuse or abuse may have occurred, the department shall notify the practitioners and dispensers who have prescribed or dispensed in the following manner: (i) The department shall provide quarterly reports to the individual practitioners and dispensers; and (ii) If after twelve (12) months of providing quarterly reports to the practitioners and dispensers, the information appears to indicate misuse or abuse may be continuing, the department shall send a report to the licensing boards of the practitioner or dispenser who prescribed or dispensed the prescription. (C) If information of misuse or abuse is identified, the department shall notify the practitioners and dispensers who prescribed or dispensed the prescriptions and the United States Diversion Control Division of the United States Drug Enforcement Administration. (D) On or before January 1, 2019, the department shall contract with a vendor to make the program interactive and to provide same-day reporting in real time, if funding and technology are available. (2) (A) The department may: (i) Review the program information, including without limitation a review to identify information that appears to indicate whether a prescriber or dispenser may be prescribing or dispensing prescriptions in a manner that may represent misuse or abuse of controlled substances; and (ii) Require prescribers or dispensers, or both, to provide physical copies of written or electronic prescriptions upon request to validate data submitted to the program in order to evaluate the information reported by the program. (B) If information of misuse or abuse is identified, the department may notify the professional licensing board of the prescriber or dispenser only after the relevant professional licensing board has provided the department with the parameters for triggering a notification from the department to the professional licensing board.

(1) (A) (i) The Department of Health shall review the Prescription Drug Monitoring Program information, including without limitation a review to identify information that appears to indicate whether a person is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances based on prescribing criteria determined by the Secretary of the Department of Health upon consultation with the Prescription Drug Monitoring Program Advisory Committee. (ii) The prescribing criteria shall be posted on the website of the department and be available in print upon request. (B) If the information appears to indicate misuse or abuse may have occurred, the department shall notify the practitioners and dispensers who have prescribed or dispensed in the following manner: (i) The department shall provide quarterly reports to the individual practitioners and dispensers; and (ii) If after twelve (12) months of providing quarterly reports to the practitioners and dispensers, the information appears to indicate misuse or abuse may be continuing, the department shall send a report to the licensing boards of the practitioner or dispenser who prescribed or dispensed the prescription. (C) If information of misuse or abuse is identified, the department shall notify the practitioners and dispensers who prescribed or dispensed the prescriptions and the United States Diversion Control Division of the United States Drug Enforcement Administration. (D) On or before January 1, 2019, the department shall contract with a vendor to make the program interactive and to provide same-day reporting in real time, if funding and technology are available.

(A) (i) The Department of Health shall review the Prescription Drug Monitoring Program information, including without limitation a review to identify information that appears to indicate whether a person is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances based on prescribing criteria determined by the Secretary of the Department of Health upon consultation with the Prescription Drug Monitoring Program Advisory Committee. (ii) The prescribing criteria shall be posted on the website of the department and be available in print upon request.

(i) The Department of Health shall review the Prescription Drug Monitoring Program information, including without limitation a review to identify information that appears to indicate whether a person is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances based on prescribing criteria determined by the Secretary of the Department of Health upon consultation with the Prescription Drug Monitoring Program Advisory Committee.

(ii) The prescribing criteria shall be posted on the website of the department and be available in print upon request.

(B) If the information appears to indicate misuse or abuse may have occurred, the department shall notify the practitioners and dispensers who have prescribed or dispensed in the following manner: (i) The department shall provide quarterly reports to the individual practitioners and dispensers; and (ii) If after twelve (12) months of providing quarterly reports to the practitioners and dispensers, the information appears to indicate misuse or abuse may be continuing, the department shall send a report to the licensing boards of the practitioner or dispenser who prescribed or dispensed the prescription.

(i) The department shall provide quarterly reports to the individual practitioners and dispensers; and

(ii) If after twelve (12) months of providing quarterly reports to the practitioners and dispensers, the information appears to indicate misuse or abuse may be continuing, the department shall send a report to the licensing boards of the practitioner or dispenser who prescribed or dispensed the prescription.

(C) If information of misuse or abuse is identified, the department shall notify the practitioners and dispensers who prescribed or dispensed the prescriptions and the United States Diversion Control Division of the United States Drug Enforcement Administration.

(D) On or before January 1, 2019, the department shall contract with a vendor to make the program interactive and to provide same-day reporting in real time, if funding and technology are available.

(2) (A) The department may: (i) Review the program information, including without limitation a review to identify information that appears to indicate whether a prescriber or dispenser may be prescribing or dispensing prescriptions in a manner that may represent misuse or abuse of controlled substances; and (ii) Require prescribers or dispensers, or both, to provide physical copies of written or electronic prescriptions upon request to validate data submitted to the program in order to evaluate the information reported by the program. (B) If information of misuse or abuse is identified, the department may notify the professional licensing board of the prescriber or dispenser only after the relevant professional licensing board has provided the department with the parameters for triggering a notification from the department to the professional licensing board.

(A) The department may: (i) Review the program information, including without limitation a review to identify information that appears to indicate whether a prescriber or dispenser may be prescribing or dispensing prescriptions in a manner that may represent misuse or abuse of controlled substances; and (ii) Require prescribers or dispensers, or both, to provide physical copies of written or electronic prescriptions upon request to validate data submitted to the program in order to evaluate the information reported by the program.

(i) Review the program information, including without limitation a review to identify information that appears to indicate whether a prescriber or dispenser may be prescribing or dispensing prescriptions in a manner that may represent misuse or abuse of controlled substances; and

(ii) Require prescribers or dispensers, or both, to provide physical copies of written or electronic prescriptions upon request to validate data submitted to the program in order to evaluate the information reported by the program.

(B) If information of misuse or abuse is identified, the department may notify the professional licensing board of the prescriber or dispenser only after the relevant professional licensing board has provided the department with the parameters for triggering a notification from the department to the professional licensing board.

(b) The department shall provide information in the program upon request and at no cost only to the following persons: (1) (A) A person authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for his or her patients or for reviewing information regarding prescriptions that are recorded as having been issued or dispensed by the requester. (B) An agent or employee of the prescriber or dispenser to whom the prescriber or dispenser has delegated the task of assessing the data described in this subsection, but only if the agent or employee has been granted access by a delegate account; (2) A patient who requests his or her own prescription monitoring information; (3) A parent or legal guardian of a minor child who requests the minor child's program information; (4) (A) A designated representative of a professional licensing board of the professions of the healing arts representing healthcare disciplines whose licensees are prescribers pursuant to an investigation of a specific individual, entity, or business licensed or permitted by the licensing board. (B) Except as permitted by subdivision (a)(2) of this section, the department shall provide information under subdivision (b)(4)(A) of this section only if the requesting licensing board states in writing that the information is necessary for an investigation; (5) A mortality review recognized by the department; (6) Local, state, and federal law enforcement or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing controlled substances required to be submitted under this subchapter pursuant to the agency's official duties and responsibilities; and (7) Personnel of the department for purposes of administration and enforcement of this subchapter.

(1) (A) A person authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for his or her patients or for reviewing information regarding prescriptions that are recorded as having been issued or dispensed by the requester. (B) An agent or employee of the prescriber or dispenser to whom the prescriber or dispenser has delegated the task of assessing the data described in this subsection, but only if the agent or employee has been granted access by a delegate account;

(A) A person authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for his or her patients or for reviewing information regarding prescriptions that are recorded as having been issued or dispensed by the requester.

(B) An agent or employee of the prescriber or dispenser to whom the prescriber or dispenser has delegated the task of assessing the data described in this subsection, but only if the agent or employee has been granted access by a delegate account;

(2) A patient who requests his or her own prescription monitoring information;

(3) A parent or legal guardian of a minor child who requests the minor child's program information;

(4) (A) A designated representative of a professional licensing board of the professions of the healing arts representing healthcare disciplines whose licensees are prescribers pursuant to an investigation of a specific individual, entity, or business licensed or permitted by the licensing board. (B) Except as permitted by subdivision (a)(2) of this section, the department shall provide information under subdivision (b)(4)(A) of this section only if the requesting licensing board states in writing that the information is necessary for an investigation;

(A) A designated representative of a professional licensing board of the professions of the healing arts representing healthcare disciplines whose licensees are prescribers pursuant to an investigation of a specific individual, entity, or business licensed or permitted by the licensing board.

(B) Except as permitted by subdivision (a)(2) of this section, the department shall provide information under subdivision (b)(4)(A) of this section only if the requesting licensing board states in writing that the information is necessary for an investigation;

(5) A mortality review recognized by the department;

(6) Local, state, and federal law enforcement or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing controlled substances required to be submitted under this subchapter pursuant to the agency's official duties and responsibilities; and

(7) Personnel of the department for purposes of administration and enforcement of this subchapter.

(c) Information collected under this subchapter shall be maintained for three (3) years.

(d) The department may provide patient, prescriber, or dispenser information to public or private entities for statistical, research, or educational purposes after encrypting or removing any patient's name, street name and number, patient identification number, month and day of birth, and prescriber or dispenser information that could be used to identify individual patients or persons who received prescriptions.

(e) The department may provide information in the program to insurance carriers for the purpose of verifying prescriber or dispenser registration for individuals that are part of the health plan's network of providers.

Amended by Act 2023, No. 67,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 62,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 4953, eff. 7/1/2019.

Amended by Act 2017, No. 820,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 688,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 688,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1208,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 901,§ 4, eff. 7/22/2015.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-6-309 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-309
Voluntary signing
Status: in_force

(a) The signing of a physician order for life-sustaining treatment form by a patient or legal representative of the patient is voluntary. (b) (1) A person or entity, including without limitation a healthcare provider, healthcare facility, employer, or health insurance carrier, shall not require an individual to execute a physician order for life-sustaining treatment form as a condition of being insured for, or receiving, healthcare services. (2) If a healthcare provider or healthcare facility complies with subdivision (b)(1) of this section, the healthcare provider or healthcare facility may have a policy to offer a physician order for life-sustaining treatment form to appropriate individuals as part of a conversation about: (A) Goals of care; (B) Personal values and preferences; (C) Benefits of various treatment options; and (D) Avoidance of unwanted burden. (c) This subchapter does not: (1) Create a presumption concerning the intention of an individual who has not executed a physician order for life-sustaining treatment form with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition; or (2) Affect the right of an individual to make decisions regarding the use of life-sustaining procedures as long as the individual has the capacity to make a decision. Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

(a) The signing of a physician order for life-sustaining treatment form by a patient or legal representative of the patient is voluntary.

(b) (1) A person or entity, including without limitation a healthcare provider, healthcare facility, employer, or health insurance carrier, shall not require an individual to execute a physician order for life-sustaining treatment form as a condition of being insured for, or receiving, healthcare services. (2) If a healthcare provider or healthcare facility complies with subdivision (b)(1) of this section, the healthcare provider or healthcare facility may have a policy to offer a physician order for life-sustaining treatment form to appropriate individuals as part of a conversation about: (A) Goals of care; (B) Personal values and preferences; (C) Benefits of various treatment options; and (D) Avoidance of unwanted burden.

(1) A person or entity, including without limitation a healthcare provider, healthcare facility, employer, or health insurance carrier, shall not require an individual to execute a physician order for life-sustaining treatment form as a condition of being insured for, or receiving, healthcare services.

(2) If a healthcare provider or healthcare facility complies with subdivision (b)(1) of this section, the healthcare provider or healthcare facility may have a policy to offer a physician order for life-sustaining treatment form to appropriate individuals as part of a conversation about: (A) Goals of care; (B) Personal values and preferences; (C) Benefits of various treatment options; and (D) Avoidance of unwanted burden.

(A) Goals of care;

(B) Personal values and preferences;

(C) Benefits of various treatment options; and

(D) Avoidance of unwanted burden.

(c) This subchapter does not: (1) Create a presumption concerning the intention of an individual who has not executed a physician order for life-sustaining treatment form with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition; or (2) Affect the right of an individual to make decisions regarding the use of life-sustaining procedures as long as the individual has the capacity to make a decision.

(1) Create a presumption concerning the intention of an individual who has not executed a physician order for life-sustaining treatment form with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition; or

(2) Affect the right of an individual to make decisions regarding the use of life-sustaining procedures as long as the individual has the capacity to make a decision.

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-10-205 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-205
Classification of violations
Status: in_force

(a) The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section. (b) The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of the violation and shall indicate the classification on the face of the notice as follows: (1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom; (2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident; (3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and (4) (A) Class D violations shall relate to the timely submission of statistical and financial reports to the office. (B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance. (C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office. Amended by Act 2019, No. 315,§ 1860, eff. 7/24/2019. Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1988 (4th Ex. Sess.), No. 4, § 2; 1988 (4th Ex. Sess.), No. 14, § 2.

(a) The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section.

(b) The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of the violation and shall indicate the classification on the face of the notice as follows: (1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom; (2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident; (3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and (4) (A) Class D violations shall relate to the timely submission of statistical and financial reports to the office. (B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance. (C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.

(1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom;

(2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;

(3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and

(4) (A) Class D violations shall relate to the timely submission of statistical and financial reports to the office. (B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance. (C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.

(A) Class D violations shall relate to the timely submission of statistical and financial reports to the office.

(B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance.

(C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.

Amended by Act 2019, No. 315,§ 1860, eff. 7/24/2019.

Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1988 (4th Ex. Sess.), No. 4, § 2; 1988 (4th Ex. Sess.), No. 14, § 2.
Ark. Code Ann. § 20-15-1301 — AR Code / Title 20 / Chapter 15 / Subchapter 13 / Section 20-15-1301
Title
Status: in_force

This act shall be known and may be cited as the "Breast Cancer Act of 1997". Acts 1997, No. 434, § 1.

This act shall be known and may be cited as the "Breast Cancer Act of 1997".

Acts 1997, No. 434, § 1.
Ark. Code Ann. § 20-76-446 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-446
Community Investment Initiative
Status: in_force

(a) (1) There is created the Community Investment Initiative. (2) The Department of Human Services shall develop the initiative. (b) The department shall contract with private or community organizations, including faith-based organizations, to offer services and support to parents, children, and youth in their communities. (c) The initiative may fund programs for the following purposes: (1) Improving outcomes for youth, including, but not limited to: (A) Academic achievement; (B) Job skills; (C) Civic participation and community involvement; and (D) Reducing risky behaviors such as sexual activities, drug use, and criminal behavior; (2) Improving parenting and family functioning through services and support to parents, children, and to families; (3) Improving marriage and relationship skills among youth and engaged and married couples; (4) Improving the financial and emotional connections of noncustodial parents to their children through fatherhood programs; (5) Improving the employment skills and family connections of parents who leave state jails and prisons; (6) Providing supportive services to child-only cases in the Transitional Employment Assistance Program; and (7) Other purposes allowable under the federal Temporary Assistance for Needy Families program. (d) (1) The department shall authorize contracts with state agencies or community organizations to provide training and capacity building services to organizations eligible to apply for initiative funds. (2) Contracts may be let for the following purposes: (A) Assisting in the development of proposals to be funded through the initiative; (B) Preparing organizations for the fiscal responsibilities involved in receiving and spending state and federal funds; and (C) Improving the provision of services by contractors receiving funds from the initiative. (e) Use of Temporary Assistance for Needy Families Program funds shall be subject to appropriations by the General Assembly for the initiative. (f) Contracts shall include performance-based payments keyed to participation in services and specified outcomes. (g) Temporary Assistance for Needy Families Program funds may be combined with other state, federal, and other funds in ways consistent with federal laws and rules. Amended by Act 2023, No. 832,§ 20, eff. 7/1/2023. Amended by Act 2023, No. 832,§ 19, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 544, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 543, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 542, eff. 7/1/2019. Acts 2005, No. 1705, § 19; 2007, No. 514, § 24.

(a) (1) There is created the Community Investment Initiative. (2) The Department of Human Services shall develop the initiative.

(1) There is created the Community Investment Initiative.

(2) The Department of Human Services shall develop the initiative.

(b) The department shall contract with private or community organizations, including faith-based organizations, to offer services and support to parents, children, and youth in their communities.

(c) The initiative may fund programs for the following purposes: (1) Improving outcomes for youth, including, but not limited to: (A) Academic achievement; (B) Job skills; (C) Civic participation and community involvement; and (D) Reducing risky behaviors such as sexual activities, drug use, and criminal behavior; (2) Improving parenting and family functioning through services and support to parents, children, and to families; (3) Improving marriage and relationship skills among youth and engaged and married couples; (4) Improving the financial and emotional connections of noncustodial parents to their children through fatherhood programs; (5) Improving the employment skills and family connections of parents who leave state jails and prisons; (6) Providing supportive services to child-only cases in the Transitional Employment Assistance Program; and (7) Other purposes allowable under the federal Temporary Assistance for Needy Families program.

(1) Improving outcomes for youth, including, but not limited to: (A) Academic achievement; (B) Job skills; (C) Civic participation and community involvement; and (D) Reducing risky behaviors such as sexual activities, drug use, and criminal behavior;

(A) Academic achievement;

(B) Job skills;

(C) Civic participation and community involvement; and

(D) Reducing risky behaviors such as sexual activities, drug use, and criminal behavior;

(2) Improving parenting and family functioning through services and support to parents, children, and to families;

(3) Improving marriage and relationship skills among youth and engaged and married couples;

(4) Improving the financial and emotional connections of noncustodial parents to their children through fatherhood programs;

(5) Improving the employment skills and family connections of parents who leave state jails and prisons;

(6) Providing supportive services to child-only cases in the Transitional Employment Assistance Program; and

(7) Other purposes allowable under the federal Temporary Assistance for Needy Families program.

(d) (1) The department shall authorize contracts with state agencies or community organizations to provide training and capacity building services to organizations eligible to apply for initiative funds. (2) Contracts may be let for the following purposes: (A) Assisting in the development of proposals to be funded through the initiative; (B) Preparing organizations for the fiscal responsibilities involved in receiving and spending state and federal funds; and (C) Improving the provision of services by contractors receiving funds from the initiative.

(1) The department shall authorize contracts with state agencies or community organizations to provide training and capacity building services to organizations eligible to apply for initiative funds.

(2) Contracts may be let for the following purposes: (A) Assisting in the development of proposals to be funded through the initiative; (B) Preparing organizations for the fiscal responsibilities involved in receiving and spending state and federal funds; and (C) Improving the provision of services by contractors receiving funds from the initiative.

(A) Assisting in the development of proposals to be funded through the initiative;

(B) Preparing organizations for the fiscal responsibilities involved in receiving and spending state and federal funds; and

(C) Improving the provision of services by contractors receiving funds from the initiative.

(e) Use of Temporary Assistance for Needy Families Program funds shall be subject to appropriations by the General Assembly for the initiative.

(f) Contracts shall include performance-based payments keyed to participation in services and specified outcomes.

(g) Temporary Assistance for Needy Families Program funds may be combined with other state, federal, and other funds in ways consistent with federal laws and rules.

Amended by Act 2023, No. 832,§ 20, eff. 7/1/2023.

Amended by Act 2023, No. 832,§ 19, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 544, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 543, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 542, eff. 7/1/2019.

Acts 2005, No. 1705, § 19; 2007, No. 514, § 24.
Ark. Code Ann. § 20-48-902 — AR Code / Title 20 / Chapter 48 / Subchapter 9 / Section 20-48-902
Calculation of provider fee
Status: in_force

(a) (1) There is levied a provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities to be calculated in accordance with this section. (2) (A) The provider fee shall be an amount calculated by the Division of Medical Services to produce an aggregate provider fee payment equal to six percent (6%) of the aggregate gross receipts of all intermediate care facilities for individuals with intellectual or other developmental disabilities. (B) Aggregate provider fees shall not equal or exceed an amount measured on a state fiscal year basis that may cause a reduction in federal financial participation in Medicaid. (b) (1) (A) The provider fee of an intermediate facility for individuals with intellectual or other developmental disabilities shall be payable in monthly payments. (B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month. (2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee of an intermediate care facility for individuals with intellectual or other developmental disabilities as an allowable cost for Medicaid reimbursement purposes. (c) An intermediate care facility for individuals with intellectual or other developmental disabilities is not guaranteed, expressly or otherwise, that any additional moneys paid to the intermediate care facility for individuals with intellectual or other developmental disabilities will equal or exceed the amount of its provider fee. (d) (1) The division shall ensure that the rate of assessment of the provider fee established in this section maximizes federal funding to the fullest extent possible. (2) If the division determines that the rate of assessment of the provider fee established in this section equals or exceeds the maximum rate of assessment that federal law allows without reduction in federal financial participation in Medicaid, the division shall lower the rate of assessment of the provider fee to a rate that maximizes federal funding to the fullest extent possible. Amended by Act 2019, No. 1035,§ 40, eff. 7/24/2019. Acts 2009, No. 433, § 1.

(a) (1) There is levied a provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities to be calculated in accordance with this section. (2) (A) The provider fee shall be an amount calculated by the Division of Medical Services to produce an aggregate provider fee payment equal to six percent (6%) of the aggregate gross receipts of all intermediate care facilities for individuals with intellectual or other developmental disabilities. (B) Aggregate provider fees shall not equal or exceed an amount measured on a state fiscal year basis that may cause a reduction in federal financial participation in Medicaid.

(1) There is levied a provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities to be calculated in accordance with this section.

(2) (A) The provider fee shall be an amount calculated by the Division of Medical Services to produce an aggregate provider fee payment equal to six percent (6%) of the aggregate gross receipts of all intermediate care facilities for individuals with intellectual or other developmental disabilities. (B) Aggregate provider fees shall not equal or exceed an amount measured on a state fiscal year basis that may cause a reduction in federal financial participation in Medicaid.

(A) The provider fee shall be an amount calculated by the Division of Medical Services to produce an aggregate provider fee payment equal to six percent (6%) of the aggregate gross receipts of all intermediate care facilities for individuals with intellectual or other developmental disabilities.

(B) Aggregate provider fees shall not equal or exceed an amount measured on a state fiscal year basis that may cause a reduction in federal financial participation in Medicaid.

(b) (1) (A) The provider fee of an intermediate facility for individuals with intellectual or other developmental disabilities shall be payable in monthly payments. (B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month. (2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee of an intermediate care facility for individuals with intellectual or other developmental disabilities as an allowable cost for Medicaid reimbursement purposes.

(1) (A) The provider fee of an intermediate facility for individuals with intellectual or other developmental disabilities shall be payable in monthly payments. (B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.

(A) The provider fee of an intermediate facility for individuals with intellectual or other developmental disabilities shall be payable in monthly payments.

(B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.

(2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee of an intermediate care facility for individuals with intellectual or other developmental disabilities as an allowable cost for Medicaid reimbursement purposes.

(c) An intermediate care facility for individuals with intellectual or other developmental disabilities is not guaranteed, expressly or otherwise, that any additional moneys paid to the intermediate care facility for individuals with intellectual or other developmental disabilities will equal or exceed the amount of its provider fee.

(d) (1) The division shall ensure that the rate of assessment of the provider fee established in this section maximizes federal funding to the fullest extent possible. (2) If the division determines that the rate of assessment of the provider fee established in this section equals or exceeds the maximum rate of assessment that federal law allows without reduction in federal financial participation in Medicaid, the division shall lower the rate of assessment of the provider fee to a rate that maximizes federal funding to the fullest extent possible.

(1) The division shall ensure that the rate of assessment of the provider fee established in this section maximizes federal funding to the fullest extent possible.

(2) If the division determines that the rate of assessment of the provider fee established in this section equals or exceeds the maximum rate of assessment that federal law allows without reduction in federal financial participation in Medicaid, the division shall lower the rate of assessment of the provider fee to a rate that maximizes federal funding to the fullest extent possible.

Amended by Act 2019, No. 1035,§ 40, eff. 7/24/2019.

Acts 2009, No. 433, § 1.
Ark. Code Ann. § 20-47-1002 — AR Code / Title 20 / Chapter 47 / Subchapter 10 / Section 20-47-1002
Legislative findings
Status: in_force

The General Assembly finds that: (1) Individuals who are deaf or hard of hearing, as a group, represent an underserved population in many respects, particularly in regard to access to mental health services; (2) Individuals who are deaf or hard of hearing often require highly specialized mental health services due to communication barriers and other complex needs; (3) Research shows that individuals who are deaf or hard of hearing are subject to significantly more risks to their mental health than individuals who are able to hear due to many factors, including without limitation lack of: (A) Communication access, in general, as well as lack of or impaired communication with family members, educators, and treating healthcare professionals; and (B) Access to: (i) Appropriate educational services; and (ii) Culturally affirmative and linguistically appropriate physical and mental health services; (4) (A) Some individuals who are deaf or hard of hearing may have secondary disabilities that impact the type and manner of mental health services that are needed. (B) Individuals who are deaf and blind often have diverse ways of communicating, including without limitation tactile sign language; (5) (A) Being deaf or hard of hearing affects the most basic human needs, which include the ability to communicate with other human beings. (B) (i) Many individuals who are deaf or hard of hearing use sign language, which may be their primary communication method, while other individuals who are deaf or hard of hearing receive language orally and aurally, with or without visual signs or cues. (ii) However, other individuals who are deaf or hard of hearing lack any significant language skills or suffer from language deprivation, or both; (6) (A) Individuals who are deaf or hard of hearing have highly diverse communication skills and challenges. (B) The nature and timing of a hearing loss, the helpfulness of medical or therapeutic remediation efforts, and the accessibility of sign language or spoken language at home, school, and other settings shape the way that hearing loss impacts individuals who are deaf or hard of hearing. (C) (i) Depending on the circumstances of an individual's hearing loss, his or her innate abilities, and the degree to which he or she has been supported in language acquisition, individuals who are deaf or hard of hearing can range in their communication ability from being multilingual, with fluency in more than one (1) communication method, to being alingual, with fluency in no communication method. (ii) However, poorly developed language skills in both sign language and spoken language are common; (7) It is essential that individuals who are deaf or hard of hearing: (A) Have access to appropriate mental health services that are provided: (i) In the primary communication method of the individual, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both; and (ii) By mental health professionals such as psychiatrists, psychologists, therapists, counselors, social workers, and other personnel who: (a) Are fluent in the primary communication method of the individual who is deaf or hard of hearing; (b) Understand the unique nature of being deaf or hard of hearing; and (c) Possess the knowledge and training to: (1) Work effectively with individuals who are deaf or hard of hearing; (2) Provide culturally affirmative mental health services and linguistically appropriate mental health services to individuals who are deaf or hard of hearing; and (3) Collaborate skillfully with interpreters; (B) Have access to mental health professionals who are familiar with the unique culture and needs of individuals who are deaf or hard of hearing since mental health professionals may misdiagnose individuals who are deaf or hard of hearing if the mental health professionals are unaware of the special needs of individuals who are deaf or hard of hearing or lack training in working with individuals who are deaf or hard of hearing; (C) Are involved in determining the scope, content, and purpose of mental health services tailored for delivery to individuals who are deaf or hard of hearing; and (D) Have access to: (i) Mental health services that provide appropriate one-on-one access to a full continuum of mental health services, including without limitation all modes of therapy and evaluation; and (ii) Specialized mental health services that are recommended as best practice and use appropriate curricula, staff, and outreach to support the unique mental health needs of individuals who are deaf or hard of hearing; (8) Individuals who are deaf or hard of hearing should have access to a resource guide listing the mental health services in this state that offer the best access and provide the most specialized mental health services for clients; and (9) Individuals who are deaf or hard of hearing would benefit from the development and implementation of state and regional services to provide for the mental health needs of individuals who are deaf or hard of hearing. Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.

The General Assembly finds that:

(1) Individuals who are deaf or hard of hearing, as a group, represent an underserved population in many respects, particularly in regard to access to mental health services;

(2) Individuals who are deaf or hard of hearing often require highly specialized mental health services due to communication barriers and other complex needs;

(3) Research shows that individuals who are deaf or hard of hearing are subject to significantly more risks to their mental health than individuals who are able to hear due to many factors, including without limitation lack of: (A) Communication access, in general, as well as lack of or impaired communication with family members, educators, and treating healthcare professionals; and (B) Access to: (i) Appropriate educational services; and (ii) Culturally affirmative and linguistically appropriate physical and mental health services;

(A) Communication access, in general, as well as lack of or impaired communication with family members, educators, and treating healthcare professionals; and

(B) Access to: (i) Appropriate educational services; and (ii) Culturally affirmative and linguistically appropriate physical and mental health services;

(i) Appropriate educational services; and

(ii) Culturally affirmative and linguistically appropriate physical and mental health services;

(4) (A) Some individuals who are deaf or hard of hearing may have secondary disabilities that impact the type and manner of mental health services that are needed. (B) Individuals who are deaf and blind often have diverse ways of communicating, including without limitation tactile sign language;

(A) Some individuals who are deaf or hard of hearing may have secondary disabilities that impact the type and manner of mental health services that are needed.

(B) Individuals who are deaf and blind often have diverse ways of communicating, including without limitation tactile sign language;

(5) (A) Being deaf or hard of hearing affects the most basic human needs, which include the ability to communicate with other human beings. (B) (i) Many individuals who are deaf or hard of hearing use sign language, which may be their primary communication method, while other individuals who are deaf or hard of hearing receive language orally and aurally, with or without visual signs or cues. (ii) However, other individuals who are deaf or hard of hearing lack any significant language skills or suffer from language deprivation, or both;

(A) Being deaf or hard of hearing affects the most basic human needs, which include the ability to communicate with other human beings.

(B) (i) Many individuals who are deaf or hard of hearing use sign language, which may be their primary communication method, while other individuals who are deaf or hard of hearing receive language orally and aurally, with or without visual signs or cues. (ii) However, other individuals who are deaf or hard of hearing lack any significant language skills or suffer from language deprivation, or both;

(i) Many individuals who are deaf or hard of hearing use sign language, which may be their primary communication method, while other individuals who are deaf or hard of hearing receive language orally and aurally, with or without visual signs or cues.

(ii) However, other individuals who are deaf or hard of hearing lack any significant language skills or suffer from language deprivation, or both;

(6) (A) Individuals who are deaf or hard of hearing have highly diverse communication skills and challenges. (B) The nature and timing of a hearing loss, the helpfulness of medical or therapeutic remediation efforts, and the accessibility of sign language or spoken language at home, school, and other settings shape the way that hearing loss impacts individuals who are deaf or hard of hearing. (C) (i) Depending on the circumstances of an individual's hearing loss, his or her innate abilities, and the degree to which he or she has been supported in language acquisition, individuals who are deaf or hard of hearing can range in their communication ability from being multilingual, with fluency in more than one (1) communication method, to being alingual, with fluency in no communication method. (ii) However, poorly developed language skills in both sign language and spoken language are common;

(A) Individuals who are deaf or hard of hearing have highly diverse communication skills and challenges.

(B) The nature and timing of a hearing loss, the helpfulness of medical or therapeutic remediation efforts, and the accessibility of sign language or spoken language at home, school, and other settings shape the way that hearing loss impacts individuals who are deaf or hard of hearing.

(C) (i) Depending on the circumstances of an individual's hearing loss, his or her innate abilities, and the degree to which he or she has been supported in language acquisition, individuals who are deaf or hard of hearing can range in their communication ability from being multilingual, with fluency in more than one (1) communication method, to being alingual, with fluency in no communication method. (ii) However, poorly developed language skills in both sign language and spoken language are common;

(i) Depending on the circumstances of an individual's hearing loss, his or her innate abilities, and the degree to which he or she has been supported in language acquisition, individuals who are deaf or hard of hearing can range in their communication ability from being multilingual, with fluency in more than one (1) communication method, to being alingual, with fluency in no communication method.

(ii) However, poorly developed language skills in both sign language and spoken language are common;

(7) It is essential that individuals who are deaf or hard of hearing: (A) Have access to appropriate mental health services that are provided: (i) In the primary communication method of the individual, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both; and (ii) By mental health professionals such as psychiatrists, psychologists, therapists, counselors, social workers, and other personnel who: (a) Are fluent in the primary communication method of the individual who is deaf or hard of hearing; (b) Understand the unique nature of being deaf or hard of hearing; and (c) Possess the knowledge and training to: (1) Work effectively with individuals who are deaf or hard of hearing; (2) Provide culturally affirmative mental health services and linguistically appropriate mental health services to individuals who are deaf or hard of hearing; and (3) Collaborate skillfully with interpreters; (B) Have access to mental health professionals who are familiar with the unique culture and needs of individuals who are deaf or hard of hearing since mental health professionals may misdiagnose individuals who are deaf or hard of hearing if the mental health professionals are unaware of the special needs of individuals who are deaf or hard of hearing or lack training in working with individuals who are deaf or hard of hearing; (C) Are involved in determining the scope, content, and purpose of mental health services tailored for delivery to individuals who are deaf or hard of hearing; and (D) Have access to: (i) Mental health services that provide appropriate one-on-one access to a full continuum of mental health services, including without limitation all modes of therapy and evaluation; and (ii) Specialized mental health services that are recommended as best practice and use appropriate curricula, staff, and outreach to support the unique mental health needs of individuals who are deaf or hard of hearing;

(A) Have access to appropriate mental health services that are provided: (i) In the primary communication method of the individual, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both; and (ii) By mental health professionals such as psychiatrists, psychologists, therapists, counselors, social workers, and other personnel who: (a) Are fluent in the primary communication method of the individual who is deaf or hard of hearing; (b) Understand the unique nature of being deaf or hard of hearing; and (c) Possess the knowledge and training to: (1) Work effectively with individuals who are deaf or hard of hearing; (2) Provide culturally affirmative mental health services and linguistically appropriate mental health services to individuals who are deaf or hard of hearing; and (3) Collaborate skillfully with interpreters;

(i) In the primary communication method of the individual, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both; and

(ii) By mental health professionals such as psychiatrists, psychologists, therapists, counselors, social workers, and other personnel who: (a) Are fluent in the primary communication method of the individual who is deaf or hard of hearing; (b) Understand the unique nature of being deaf or hard of hearing; and (c) Possess the knowledge and training to: (1) Work effectively with individuals who are deaf or hard of hearing; (2) Provide culturally affirmative mental health services and linguistically appropriate mental health services to individuals who are deaf or hard of hearing; and (3) Collaborate skillfully with interpreters;

(a) Are fluent in the primary communication method of the individual who is deaf or hard of hearing;

(b) Understand the unique nature of being deaf or hard of hearing; and

(c) Possess the knowledge and training to: (1) Work effectively with individuals who are deaf or hard of hearing; (2) Provide culturally affirmative mental health services and linguistically appropriate mental health services to individuals who are deaf or hard of hearing; and (3) Collaborate skillfully with interpreters;

(1) Work effectively with individuals who are deaf or hard of hearing;

(2) Provide culturally affirmative mental health services and linguistically appropriate mental health services to individuals who are deaf or hard of hearing; and

(3) Collaborate skillfully with interpreters;

(B) Have access to mental health professionals who are familiar with the unique culture and needs of individuals who are deaf or hard of hearing since mental health professionals may misdiagnose individuals who are deaf or hard of hearing if the mental health professionals are unaware of the special needs of individuals who are deaf or hard of hearing or lack training in working with individuals who are deaf or hard of hearing;

(C) Are involved in determining the scope, content, and purpose of mental health services tailored for delivery to individuals who are deaf or hard of hearing; and

(D) Have access to: (i) Mental health services that provide appropriate one-on-one access to a full continuum of mental health services, including without limitation all modes of therapy and evaluation; and (ii) Specialized mental health services that are recommended as best practice and use appropriate curricula, staff, and outreach to support the unique mental health needs of individuals who are deaf or hard of hearing;

(i) Mental health services that provide appropriate one-on-one access to a full continuum of mental health services, including without limitation all modes of therapy and evaluation; and

(ii) Specialized mental health services that are recommended as best practice and use appropriate curricula, staff, and outreach to support the unique mental health needs of individuals who are deaf or hard of hearing;

(8) Individuals who are deaf or hard of hearing should have access to a resource guide listing the mental health services in this state that offer the best access and provide the most specialized mental health services for clients; and

(9) Individuals who are deaf or hard of hearing would benefit from the development and implementation of state and regional services to provide for the mental health needs of individuals who are deaf or hard of hearing.

Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-27-202 — AR Code / Title 20 / Chapter 27 / Subchapter 2 / Section 20-27-202
Subchapter not applicable to manufacture or renovation for domestic use
Status: in_force

(a) There shall be nothing in this subchapter so construed as to prevent any individual from manufacturing, renovating, or having manufactured or renovated mattresses for his or her own home or domestic use. (b) Any individual, firm, or corporation who shall so manufacture or renovate a mattress for another, as set out in this subchapter, shall be required to label it as provided in § 20-27-205 . Acts 1927, No. 249, § 11; Pope's Dig., § 6465; A.S.A. 1947, § 82-726.

(a) There shall be nothing in this subchapter so construed as to prevent any individual from manufacturing, renovating, or having manufactured or renovated mattresses for his or her own home or domestic use.

(b) Any individual, firm, or corporation who shall so manufacture or renovate a mattress for another, as set out in this subchapter, shall be required to label it as provided in § 20-27-205 .

Acts 1927, No. 249, § 11; Pope's Dig., § 6465; A.S.A. 1947, § 82-726.
Ark. Code Ann. § 20-76-439 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-439
Self-sufficiency - Assessments, personal responsibility agreements, and supportive services
Status: in_force

(a) (1) At the time of application for transitional employment assistance, the Department of Human Services and the applicant shall sign a personal responsibility agreement. (2) An applicant shall not be required to engage in job search activities if the applicant does not have available childcare and transportation services. (b) (1) Within thirty (30) calendar days after an application for transitional employment assistance has been approved, the department shall conduct an in-depth assessment of the functional educational level, skills, prior work experience, and employability of the participant. (2) The department shall utilize testing instruments which shall yield education levels, skill levels, work readiness, and employability of the participant. (3) (A) The assessment shall identify barriers to immediate employment as well as barriers that may prevent the participant from increasing his or her long-term earnings and from taking advantage of opportunities for employment advancement. (B) The barriers to be assessed shall include, at least, domestic violence, substance abuse, learning disabilities, and unmet client needs for supportive services such as child care, transportation, assistance with job-related expenses, housing, health care, job readiness preparation, and education and training. (c) The department shall inform the participant of supportive services that may be available to alleviate barriers to employment and increase long-term earnings and opportunities for employment advancement. (d) After the skills assessment has been completed and the participant has been informed about the availability of supportive services, the department shall work with the participant to develop an individual employment plan that: (1) Sets forth an employment goal for the participant and a plan for moving the participant into employment; (2) Is designed to the greatest extent possible to move the participant into employment, help the participant maintain employment, and increase the participant's long-term earnings and opportunities for employment advancement; (3) Makes education and training a priority of allowable work activities, subject to federal work participation requirements and taking into account the caseload reduction credit, when the assessment warrants that education and training are the best means to achieving long-term economic self-sufficiency; (4) Lists the supportive services that are generally available under the program and the methods by which a participant may access these services; (5) Describes the services the department shall provide to enable participants to obtain and maintain employment and increase their potential long-term earnings and opportunities for employment advancement; and (6) Designates the number of hours that he or she must participate in work activities to meet participation standards, unless the participant is deemed by the department to be exempt or temporarily deferred from work participation requirements. (e) (1) The department shall review the progress of the participant in the program and meet with the participant as necessary to review and revise his or her employability plan. (2) The department shall inform the participant of his or her time remaining on the lifetime limit on financial assistance and shall reassess the client's needs for supportive services. (f) The department may develop and promulgate rules requiring program applicants who have been determined to be job-ready to engage in job search activities while the application is being processed. (g) The department shall not require an applicant to engage in job search activities if, in the judgment of the department, the applicant has one (1) or more barriers which if not addressed would prevent the applicant from finding employment. (h) (1) Before requiring the applicant to engage in job search activities, the department shall ask the applicant whether childcare or transportation assistance, or both, will be needed to complete job search activities. (2) If needed child care and transportation are not available, the applicant shall not be required to engage in job search activities as a condition of application approval. Amended by Act 2019, No. 315,§ 2255, eff. 7/24/2019. Acts 1999, No. 1567, § 18; 2007, No. 514, § 17.

(a) (1) At the time of application for transitional employment assistance, the Department of Human Services and the applicant shall sign a personal responsibility agreement. (2) An applicant shall not be required to engage in job search activities if the applicant does not have available childcare and transportation services.

(1) At the time of application for transitional employment assistance, the Department of Human Services and the applicant shall sign a personal responsibility agreement.

(2) An applicant shall not be required to engage in job search activities if the applicant does not have available childcare and transportation services.

(b) (1) Within thirty (30) calendar days after an application for transitional employment assistance has been approved, the department shall conduct an in-depth assessment of the functional educational level, skills, prior work experience, and employability of the participant. (2) The department shall utilize testing instruments which shall yield education levels, skill levels, work readiness, and employability of the participant. (3) (A) The assessment shall identify barriers to immediate employment as well as barriers that may prevent the participant from increasing his or her long-term earnings and from taking advantage of opportunities for employment advancement. (B) The barriers to be assessed shall include, at least, domestic violence, substance abuse, learning disabilities, and unmet client needs for supportive services such as child care, transportation, assistance with job-related expenses, housing, health care, job readiness preparation, and education and training.

(1) Within thirty (30) calendar days after an application for transitional employment assistance has been approved, the department shall conduct an in-depth assessment of the functional educational level, skills, prior work experience, and employability of the participant.

(2) The department shall utilize testing instruments which shall yield education levels, skill levels, work readiness, and employability of the participant.

(3) (A) The assessment shall identify barriers to immediate employment as well as barriers that may prevent the participant from increasing his or her long-term earnings and from taking advantage of opportunities for employment advancement. (B) The barriers to be assessed shall include, at least, domestic violence, substance abuse, learning disabilities, and unmet client needs for supportive services such as child care, transportation, assistance with job-related expenses, housing, health care, job readiness preparation, and education and training.

(A) The assessment shall identify barriers to immediate employment as well as barriers that may prevent the participant from increasing his or her long-term earnings and from taking advantage of opportunities for employment advancement.

(B) The barriers to be assessed shall include, at least, domestic violence, substance abuse, learning disabilities, and unmet client needs for supportive services such as child care, transportation, assistance with job-related expenses, housing, health care, job readiness preparation, and education and training.

(c) The department shall inform the participant of supportive services that may be available to alleviate barriers to employment and increase long-term earnings and opportunities for employment advancement.

(d) After the skills assessment has been completed and the participant has been informed about the availability of supportive services, the department shall work with the participant to develop an individual employment plan that: (1) Sets forth an employment goal for the participant and a plan for moving the participant into employment; (2) Is designed to the greatest extent possible to move the participant into employment, help the participant maintain employment, and increase the participant's long-term earnings and opportunities for employment advancement; (3) Makes education and training a priority of allowable work activities, subject to federal work participation requirements and taking into account the caseload reduction credit, when the assessment warrants that education and training are the best means to achieving long-term economic self-sufficiency; (4) Lists the supportive services that are generally available under the program and the methods by which a participant may access these services; (5) Describes the services the department shall provide to enable participants to obtain and maintain employment and increase their potential long-term earnings and opportunities for employment advancement; and (6) Designates the number of hours that he or she must participate in work activities to meet participation standards, unless the participant is deemed by the department to be exempt or temporarily deferred from work participation requirements.

(1) Sets forth an employment goal for the participant and a plan for moving the participant into employment;

(2) Is designed to the greatest extent possible to move the participant into employment, help the participant maintain employment, and increase the participant's long-term earnings and opportunities for employment advancement;

(3) Makes education and training a priority of allowable work activities, subject to federal work participation requirements and taking into account the caseload reduction credit, when the assessment warrants that education and training are the best means to achieving long-term economic self-sufficiency;

(4) Lists the supportive services that are generally available under the program and the methods by which a participant may access these services;

(5) Describes the services the department shall provide to enable participants to obtain and maintain employment and increase their potential long-term earnings and opportunities for employment advancement; and

(6) Designates the number of hours that he or she must participate in work activities to meet participation standards, unless the participant is deemed by the department to be exempt or temporarily deferred from work participation requirements.

(e) (1) The department shall review the progress of the participant in the program and meet with the participant as necessary to review and revise his or her employability plan. (2) The department shall inform the participant of his or her time remaining on the lifetime limit on financial assistance and shall reassess the client's needs for supportive services.

(1) The department shall review the progress of the participant in the program and meet with the participant as necessary to review and revise his or her employability plan.

(2) The department shall inform the participant of his or her time remaining on the lifetime limit on financial assistance and shall reassess the client's needs for supportive services.

(f) The department may develop and promulgate rules requiring program applicants who have been determined to be job-ready to engage in job search activities while the application is being processed.

(g) The department shall not require an applicant to engage in job search activities if, in the judgment of the department, the applicant has one (1) or more barriers which if not addressed would prevent the applicant from finding employment.

(h) (1) Before requiring the applicant to engage in job search activities, the department shall ask the applicant whether childcare or transportation assistance, or both, will be needed to complete job search activities. (2) If needed child care and transportation are not available, the applicant shall not be required to engage in job search activities as a condition of application approval.

(1) Before requiring the applicant to engage in job search activities, the department shall ask the applicant whether childcare or transportation assistance, or both, will be needed to complete job search activities.

(2) If needed child care and transportation are not available, the applicant shall not be required to engage in job search activities as a condition of application approval.

Amended by Act 2019, No. 315,§ 2255, eff. 7/24/2019.

Acts 1999, No. 1567, § 18; 2007, No. 514, § 17.
Ark. Code Ann. § 20-36-102 — AR Code / Title 20 / Chapter 36 / Section 20-36-102
Definitions
Status: in_force

As used in this chapter: (1) "Biological agent" means: (A) Any select agent that is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listed in 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003; (B) Any genetically modified microorganisms or genetic elements from an organism within 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003, shown to produce or encode for a factor associated with a disease; or (C) Any genetically modified microorganisms or genetic elements that contain nucleic acid sequences coding for any of the toxins listed within 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003, or their toxic submits; and (2) "Person" means any association, business, corporation, facility, firm, individual, institution of higher education, organization, partnership, society, state agency, or other legal entity. Amended by Act 2019, No. 389,§ 52, eff. 7/24/2019. Acts 2003, No. 1080, § 1.

As used in this chapter:

(1) "Biological agent" means: (A) Any select agent that is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listed in 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003; (B) Any genetically modified microorganisms or genetic elements from an organism within 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003, shown to produce or encode for a factor associated with a disease; or (C) Any genetically modified microorganisms or genetic elements that contain nucleic acid sequences coding for any of the toxins listed within 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003, or their toxic submits; and

(A) Any select agent that is a microorganism, virus, bacterium, fungus, rickettsia, or toxin listed in 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003;

(B) Any genetically modified microorganisms or genetic elements from an organism within 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003, shown to produce or encode for a factor associated with a disease; or

(C) Any genetically modified microorganisms or genetic elements that contain nucleic acid sequences coding for any of the toxins listed within 42 C.F.R., Part 72, Appendix A, as in effect on January 1, 2003, or their toxic submits; and

(2) "Person" means any association, business, corporation, facility, firm, individual, institution of higher education, organization, partnership, society, state agency, or other legal entity.

Amended by Act 2019, No. 389,§ 52, eff. 7/24/2019.

Acts 2003, No. 1080, § 1.