Ark. Code Ann. § 20-9-305 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-305
Annual reports - Nonprofit hospitals
Status: in_force

(a) (1) Any nonprofit hospital association or corporation organized under the laws of this state that operates and maintains a hospital facility in this state primarily for providing hospital services for the employees of any corporation or company engaged in interstate commerce shall file annually with the Secretary of the Department of Finance and Administration a detailed report of income, fees, charges, and contributions from all sources received by it during the year, together with the expenses and disbursements of the corporation or association during the year. (2) The report shall be filed on or before April 1 in each year. (3) A copy of the report shall be furnished to each member of the hospital association or corporation upon the request of any member. (b) Any nonprofit hospital association or corporation failing or refusing to file the report as required in subsection (a) of this section or which fails or refuses to furnish any member a copy of the report or statement upon request shall be guilty of a violation and shall be subject to a fine of ten dollars ($10.00) for each day that the violation continues. (c) (1) The provisions of this section shall not apply to any nonprofit hospital association or corporation that operates and maintains a hospital facility in any county of this state having a population of not less than twenty-five thousand six hundred (25,600) nor more than twenty-five thousand seven hundred (25,700), according to the 1970 Federal Decennial Census. (2) The provisions of this section shall not be applicable with respect to any nonprofit hospital associations or corporations that operate and maintain a hospital facility in any county of this state having a population of not less than forty-seven thousand (47,000) nor more than fifty thousand (50,000), according to the 1970 Federal Decennial Census. Amended by Act 2019, No. 910,§ 3481, eff. 7/1/2019. Acts 1971, No. 452, §§ 1-3; A.S.A. 1947, §§ 82-360 -- 82-362; Acts 2005, No. 1994, § 106.

(a) (1) Any nonprofit hospital association or corporation organized under the laws of this state that operates and maintains a hospital facility in this state primarily for providing hospital services for the employees of any corporation or company engaged in interstate commerce shall file annually with the Secretary of the Department of Finance and Administration a detailed report of income, fees, charges, and contributions from all sources received by it during the year, together with the expenses and disbursements of the corporation or association during the year. (2) The report shall be filed on or before April 1 in each year. (3) A copy of the report shall be furnished to each member of the hospital association or corporation upon the request of any member.

(1) Any nonprofit hospital association or corporation organized under the laws of this state that operates and maintains a hospital facility in this state primarily for providing hospital services for the employees of any corporation or company engaged in interstate commerce shall file annually with the Secretary of the Department of Finance and Administration a detailed report of income, fees, charges, and contributions from all sources received by it during the year, together with the expenses and disbursements of the corporation or association during the year.

(2) The report shall be filed on or before April 1 in each year.

(3) A copy of the report shall be furnished to each member of the hospital association or corporation upon the request of any member.

(b) Any nonprofit hospital association or corporation failing or refusing to file the report as required in subsection (a) of this section or which fails or refuses to furnish any member a copy of the report or statement upon request shall be guilty of a violation and shall be subject to a fine of ten dollars ($10.00) for each day that the violation continues.

(c) (1) The provisions of this section shall not apply to any nonprofit hospital association or corporation that operates and maintains a hospital facility in any county of this state having a population of not less than twenty-five thousand six hundred (25,600) nor more than twenty-five thousand seven hundred (25,700), according to the 1970 Federal Decennial Census. (2) The provisions of this section shall not be applicable with respect to any nonprofit hospital associations or corporations that operate and maintain a hospital facility in any county of this state having a population of not less than forty-seven thousand (47,000) nor more than fifty thousand (50,000), according to the 1970 Federal Decennial Census.

(1) The provisions of this section shall not apply to any nonprofit hospital association or corporation that operates and maintains a hospital facility in any county of this state having a population of not less than twenty-five thousand six hundred (25,600) nor more than twenty-five thousand seven hundred (25,700), according to the 1970 Federal Decennial Census.

(2) The provisions of this section shall not be applicable with respect to any nonprofit hospital associations or corporations that operate and maintain a hospital facility in any county of this state having a population of not less than forty-seven thousand (47,000) nor more than fifty thousand (50,000), according to the 1970 Federal Decennial Census.

Amended by Act 2019, No. 910,§ 3481, eff. 7/1/2019.

Acts 1971, No. 452, §§ 1-3; A.S.A. 1947, §§ 82-360 -- 82-362; Acts 2005, No. 1994, § 106.
Ark. Code Ann. § 20-38-101 — AR Code / Title 20 / Chapter 38 / Section 20-38-101
Definitions
Status: in_force

As used in this chapter: (1) "Care" means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly; (2) "Determination" means the determination made by the licensing or certifying agency that a service provider, operator, applicant for employment with, or employee of a service provider is or is not disqualified from licensure, exemption from licensure, certification, any other operating authority, or employment based on the criminal history of the service provider, operator, applicant, or employee; (3) (A) "Employee" means any person who: (i) Has unsupervised access to clients of a service provider, except as provided in subdivision (3)(B) of this section; and (ii) Meets any of the following criteria: (a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider; (b) Is employed by a service provider to provide care to clients of the service provider; (c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or (d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities. (B) "Employee" does not include a person who: (i) Is a family member of a client receiving care from a service provider; (ii) Is a volunteer; or (iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider; (4) "Licensing or certifying agency" means the state agency charged with licensing, exempting from licensure, certifying, or granting other operating authority to a service provider; (5) "National criminal history records check" means a review of criminal history records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods; (6) "Operator" means the person signing the application of a service provider for licensure, exemption from licensure, certification, or any other operating authority; (7) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure, certification, exemption from licensure, or any other operating authority to be a service provider or for employment with a service provider to provide care; (8) "Report" means a statement of the criminal history of a service provider, operator, applicant for employment with, or employee of a service provider issued by the Identification Bureau of the Division of Arkansas State Police; (9) "Service provider" means any of the following: (A) An Alternative Community Services Waiver Program provider certified by the Division of Developmental Disabilities Services; (B) A childcare facility as defined by § 20-78-202 ; (C) A church-exempt childcare facility as recognized under § 20-78-209 ; (D) An early intervention program provider certified by the Division of Developmental Disabilities Services; (E) A home- and community-based health services provider certified by the Division of Provider Services and Quality Assurance; (F) A home healthcare service under § 20-10-801 ; (G) A hospice program under § 20-7-117 ; (H) A long-term care facility as defined by § 20-10-702 ; (I) A nonprofit community program as defined by § 20-48-101 ; (J) An entity that provides personal care services to individuals; (K) A long-term care facility under § 20-10-1202 ; or (L) An entity that provides services to or houses teens and youths; and (10) "State criminal history records check" means a review of state criminal history records conducted by the Identification Bureau of the Division of Arkansas State Police. Amended by Act 2023, No. 164,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 761,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 913,§ 59, eff. 8/1/2017. Amended by Act 2017, No. 591,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 1157,§ 4, eff. 7/22/2015. Acts 2009, No. 762, § 4; 2011, No. 1121, § 11.

As used in this chapter:

(1) "Care" means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly;

(2) "Determination" means the determination made by the licensing or certifying agency that a service provider, operator, applicant for employment with, or employee of a service provider is or is not disqualified from licensure, exemption from licensure, certification, any other operating authority, or employment based on the criminal history of the service provider, operator, applicant, or employee;

(3) (A) "Employee" means any person who: (i) Has unsupervised access to clients of a service provider, except as provided in subdivision (3)(B) of this section; and (ii) Meets any of the following criteria: (a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider; (b) Is employed by a service provider to provide care to clients of the service provider; (c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or (d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities. (B) "Employee" does not include a person who: (i) Is a family member of a client receiving care from a service provider; (ii) Is a volunteer; or (iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider;

(A) "Employee" means any person who: (i) Has unsupervised access to clients of a service provider, except as provided in subdivision (3)(B) of this section; and (ii) Meets any of the following criteria: (a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider; (b) Is employed by a service provider to provide care to clients of the service provider; (c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or (d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities.

(i) Has unsupervised access to clients of a service provider, except as provided in subdivision (3)(B) of this section; and

(ii) Meets any of the following criteria: (a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider; (b) Is employed by a service provider to provide care to clients of the service provider; (c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or (d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities.

(a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider;

(b) Is employed by a service provider to provide care to clients of the service provider;

(c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or

(d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities.

(B) "Employee" does not include a person who: (i) Is a family member of a client receiving care from a service provider; (ii) Is a volunteer; or (iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider;

(i) Is a family member of a client receiving care from a service provider;

(ii) Is a volunteer; or

(iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider;

(4) "Licensing or certifying agency" means the state agency charged with licensing, exempting from licensure, certifying, or granting other operating authority to a service provider;

(5) "National criminal history records check" means a review of criminal history records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods;

(6) "Operator" means the person signing the application of a service provider for licensure, exemption from licensure, certification, or any other operating authority;

(7) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure, certification, exemption from licensure, or any other operating authority to be a service provider or for employment with a service provider to provide care;

(8) "Report" means a statement of the criminal history of a service provider, operator, applicant for employment with, or employee of a service provider issued by the Identification Bureau of the Division of Arkansas State Police;

(9) "Service provider" means any of the following: (A) An Alternative Community Services Waiver Program provider certified by the Division of Developmental Disabilities Services; (B) A childcare facility as defined by § 20-78-202 ; (C) A church-exempt childcare facility as recognized under § 20-78-209 ; (D) An early intervention program provider certified by the Division of Developmental Disabilities Services; (E) A home- and community-based health services provider certified by the Division of Provider Services and Quality Assurance; (F) A home healthcare service under § 20-10-801 ; (G) A hospice program under § 20-7-117 ; (H) A long-term care facility as defined by § 20-10-702 ; (I) A nonprofit community program as defined by § 20-48-101 ; (J) An entity that provides personal care services to individuals; (K) A long-term care facility under § 20-10-1202 ; or (L) An entity that provides services to or houses teens and youths; and

(A) An Alternative Community Services Waiver Program provider certified by the Division of Developmental Disabilities Services;

(B) A childcare facility as defined by § 20-78-202 ;

(C) A church-exempt childcare facility as recognized under § 20-78-209 ;

(D) An early intervention program provider certified by the Division of Developmental Disabilities Services;

(E) A home- and community-based health services provider certified by the Division of Provider Services and Quality Assurance;

(F) A home healthcare service under § 20-10-801 ;

(G) A hospice program under § 20-7-117 ;

(H) A long-term care facility as defined by § 20-10-702 ;

(I) A nonprofit community program as defined by § 20-48-101 ;

(J) An entity that provides personal care services to individuals;

(K) A long-term care facility under § 20-10-1202 ; or

(L) An entity that provides services to or houses teens and youths; and

(10) "State criminal history records check" means a review of state criminal history records conducted by the Identification Bureau of the Division of Arkansas State Police.

Amended by Act 2023, No. 164,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 761,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 913,§ 59, eff. 8/1/2017.

Amended by Act 2017, No. 591,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 1157,§ 4, eff. 7/22/2015.

Acts 2009, No. 762, § 4; 2011, No. 1121, § 11.
Ark. Code Ann. § 20-78-211 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-211
License - Provisional
Status: in_force

(a) If the Division of Child Care and Early Childhood Education finds that an applicant for a childcare facility meets the licensing requirements for a childcare facility in the main and has a reasonable expectation of correcting deficiencies in a reasonable time, then the division may, in its discretion, issue a provisional license for a childcare facility. (b) The provisional license shall be in effect for a reasonable time, which time shall be specified in the provisional license. (c) Issuance of provisional licenses shall be in accordance with the published rules adopted by the division in accordance with this subchapter. Amended by Act 2019, No. 315,§ 2285, eff. 7/24/2019. Acts 1969, No. 434, § 6; A.S.A. 1947, § 83-906; Acts 1997, No. 1132, § 10.

(a) If the Division of Child Care and Early Childhood Education finds that an applicant for a childcare facility meets the licensing requirements for a childcare facility in the main and has a reasonable expectation of correcting deficiencies in a reasonable time, then the division may, in its discretion, issue a provisional license for a childcare facility.

(b) The provisional license shall be in effect for a reasonable time, which time shall be specified in the provisional license.

(c) Issuance of provisional licenses shall be in accordance with the published rules adopted by the division in accordance with this subchapter.

Amended by Act 2019, No. 315,§ 2285, eff. 7/24/2019.

Acts 1969, No. 434, § 6; A.S.A. 1947, § 83-906; Acts 1997, No. 1132, § 10.
Ark. Code Ann. § 20-64-223 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-223
Interpretation
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose, to make uniform the laws of those states which enact it. Acts 1937, No. 344, § 23; Pope's Dig., § 10148; A.S.A. 1947, § 82-1022.

This subchapter shall be so interpreted and construed as to effectuate its general purpose, to make uniform the laws of those states which enact it.

Acts 1937, No. 344, § 23; Pope's Dig., § 10148; A.S.A. 1947, § 82-1022.
Ark. Code Ann. § 20-6-409 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-409
Informational materials
Status: in_force

(a) (1) Within thirty (30) days of March 10, 2021, the Department of Health and the Department of Human Services shall develop informational materials regarding this subchapter. (2) The Department of Health and the Department of Human Services shall present informational materials regarding this subchapter to the: (A) Senate Committee on Public Health, Welfare, and Labor; (B) House Committee on Public Health, Welfare, and Labor; and (C) House Committee on Aging, Children and Youth, Legislative and Military Affairs. (b) A healthcare facility shall make the informational materials regarding this subchapter accessible: (1) Upon admission or registration; and (2) On the website of the healthcare facility. (c) Every sixty (60) days or upon the release of relevant federal guidelines, the Department of Health, with input from the long-term care industry and the hospital industry, shall reevaluate and update the directives where needed to allow for the maximum visitation possible under federal guidelines. (d) Information and directives produced by this state that provide guidance about visitation shall take into consideration and include the highest amount possible of privacy and dignity for interaction between patients and visitors. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

(a) (1) Within thirty (30) days of March 10, 2021, the Department of Health and the Department of Human Services shall develop informational materials regarding this subchapter. (2) The Department of Health and the Department of Human Services shall present informational materials regarding this subchapter to the: (A) Senate Committee on Public Health, Welfare, and Labor; (B) House Committee on Public Health, Welfare, and Labor; and (C) House Committee on Aging, Children and Youth, Legislative and Military Affairs.

(1) Within thirty (30) days of March 10, 2021, the Department of Health and the Department of Human Services shall develop informational materials regarding this subchapter.

(2) The Department of Health and the Department of Human Services shall present informational materials regarding this subchapter to the: (A) Senate Committee on Public Health, Welfare, and Labor; (B) House Committee on Public Health, Welfare, and Labor; and (C) House Committee on Aging, Children and Youth, Legislative and Military Affairs.

(A) Senate Committee on Public Health, Welfare, and Labor;

(B) House Committee on Public Health, Welfare, and Labor; and

(C) House Committee on Aging, Children and Youth, Legislative and Military Affairs.

(b) A healthcare facility shall make the informational materials regarding this subchapter accessible: (1) Upon admission or registration; and (2) On the website of the healthcare facility.

(1) Upon admission or registration; and

(2) On the website of the healthcare facility.

(c) Every sixty (60) days or upon the release of relevant federal guidelines, the Department of Health, with input from the long-term care industry and the hospital industry, shall reevaluate and update the directives where needed to allow for the maximum visitation possible under federal guidelines.

(d) Information and directives produced by this state that provide guidance about visitation shall take into consideration and include the highest amount possible of privacy and dignity for interaction between patients and visitors.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-10-1604 — AR Code / Title 20 / Chapter 10 / Subchapter 16 / Section 20-10-1604
Administration
Status: in_force

(a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the quality assurance fee; (B) (i) The enforcement of this subchapter, including, but not limited to, license nonrenewal, letters of caution, sanctions, or fines. (ii) The fine shall be at least ten thousand dollars ($10,000) but no more than twenty thousand dollars ($20,000). The fine and outstanding quality assurance fee shall accrue interest at the maximum rate permitted by law from the date the quality assurance fee is due until payment of the quality assurance fee and the fine; (C) The format for reporting by all nursing homes the total patient days and gross receipts; and (D) The administration of the provisions of this subchapter. (2) The rules shall not grant any exceptions to, or exceptions from, the quality assurance fee. (c) (1) The quality assurance fee assessed and collected pursuant to this subchapter shall be assessed and deposited as a designated account within the Arkansas Medicaid Program Trust Fund. (2) The designated account shall be separate and distinct from the general fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund. (3) Funds in the account derived from nursing facilities that are not operated by a governmental entity shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid. (4) This designated account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues. (5) Earnings on investments from this designated account shall remain a part of the designated account and shall not be deposited into the general fund. (d) (1) Except as necessary to reimburse any funds borrowed to supplement funds in the designated account, 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 for expenditures from the Arkansas Medicaid Program Trust Fund shall be used only to reimburse additional costs paid to Medicaid-certified nursing facilities under the long-term care cost reimbursement methodologies of the Arkansas Medicaid Program. (2) No nursing facility shall be guaranteed, expressly or otherwise, that any additional moneys paid to the nursing facility will equal or exceed the amount of its quality assurance fee. Amended by Act 2019, No. 315,§ 1904, eff. 7/24/2019. Acts 2001, No. 635, § 4.

(a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the quality assurance fee; (B) (i) The enforcement of this subchapter, including, but not limited to, license nonrenewal, letters of caution, sanctions, or fines. (ii) The fine shall be at least ten thousand dollars ($10,000) but no more than twenty thousand dollars ($20,000). The fine and outstanding quality assurance fee shall accrue interest at the maximum rate permitted by law from the date the quality assurance fee is due until payment of the quality assurance fee and the fine; (C) The format for reporting by all nursing homes the total patient days and gross receipts; and (D) The administration of the provisions of this subchapter. (2) The rules shall not grant any exceptions to, or exceptions from, the quality assurance fee.

(1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the quality assurance fee; (B) (i) The enforcement of this subchapter, including, but not limited to, license nonrenewal, letters of caution, sanctions, or fines. (ii) The fine shall be at least ten thousand dollars ($10,000) but no more than twenty thousand dollars ($20,000). The fine and outstanding quality assurance fee shall accrue interest at the maximum rate permitted by law from the date the quality assurance fee is due until payment of the quality assurance fee and the fine; (C) The format for reporting by all nursing homes the total patient days and gross receipts; and (D) The administration of the provisions of this subchapter.

(A) The proper imposition and collection of the quality assurance fee;

(B) (i) The enforcement of this subchapter, including, but not limited to, license nonrenewal, letters of caution, sanctions, or fines. (ii) The fine shall be at least ten thousand dollars ($10,000) but no more than twenty thousand dollars ($20,000). The fine and outstanding quality assurance fee shall accrue interest at the maximum rate permitted by law from the date the quality assurance fee is due until payment of the quality assurance fee and the fine;

(i) The enforcement of this subchapter, including, but not limited to, license nonrenewal, letters of caution, sanctions, or fines.

(ii) The fine shall be at least ten thousand dollars ($10,000) but no more than twenty thousand dollars ($20,000). The fine and outstanding quality assurance fee shall accrue interest at the maximum rate permitted by law from the date the quality assurance fee is due until payment of the quality assurance fee and the fine;

(C) The format for reporting by all nursing homes the total patient days and gross receipts; and

(D) The administration of the provisions of this subchapter.

(2) The rules shall not grant any exceptions to, or exceptions from, the quality assurance fee.

(c) (1) The quality assurance fee assessed and collected pursuant to this subchapter shall be assessed and deposited as a designated account within the Arkansas Medicaid Program Trust Fund. (2) The designated account shall be separate and distinct from the general fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund. (3) Funds in the account derived from nursing facilities that are not operated by a governmental entity shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid. (4) This designated account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues. (5) Earnings on investments from this designated account shall remain a part of the designated account and shall not be deposited into the general fund.

(1) The quality assurance fee assessed and collected pursuant to this subchapter shall be assessed and deposited as a designated account within the Arkansas Medicaid Program Trust Fund.

(2) The designated account shall be separate and distinct from the general fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.

(3) Funds in the account derived from nursing facilities that are not operated by a governmental entity shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.

(4) This designated account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.

(5) Earnings on investments from this designated account shall remain a part of the designated account and shall not be deposited into the general fund.

(d) (1) Except as necessary to reimburse any funds borrowed to supplement funds in the designated account, 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 for expenditures from the Arkansas Medicaid Program Trust Fund shall be used only to reimburse additional costs paid to Medicaid-certified nursing facilities under the long-term care cost reimbursement methodologies of the Arkansas Medicaid Program. (2) No nursing facility shall be guaranteed, expressly or otherwise, that any additional moneys paid to the nursing facility will equal or exceed the amount of its quality assurance fee.

(1) Except as necessary to reimburse any funds borrowed to supplement funds in the designated account, 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 for expenditures from the Arkansas Medicaid Program Trust Fund shall be used only to reimburse additional costs paid to Medicaid-certified nursing facilities under the long-term care cost reimbursement methodologies of the Arkansas Medicaid Program.

(2) No nursing facility shall be guaranteed, expressly or otherwise, that any additional moneys paid to the nursing facility will equal or exceed the amount of its quality assurance fee.

Amended by Act 2019, No. 315,§ 1904, eff. 7/24/2019.

Acts 2001, No. 635, § 4.
Ark. Code Ann. § 20-82-302 — AR Code / Title 20 / Chapter 82 / Subchapter 3 / Section 20-82-302
Statistics required
Status: in_force

(a) Healthcare practitioners of each county shall keep annual statistics and report to the Department of Health cases of unlawful female genital mutilation. (b) The department shall thereafter compile an annual report of the incidents reported, which will be published with no personal identifying information. Added by Act 2019, No. 556,§ 6, eff. 3/26/2019. This section was originally enacted as section 20-82-102.

(a) Healthcare practitioners of each county shall keep annual statistics and report to the Department of Health cases of unlawful female genital mutilation.

(b) The department shall thereafter compile an annual report of the incidents reported, which will be published with no personal identifying information.

Added by Act 2019, No. 556,§ 6, eff. 3/26/2019.

This section was originally enacted as section 20-82-102.
Ark. Code Ann. § 20-16-1204 — AR Code / Title 20 / Chapter 16 / Subchapter 12 / Section 20-16-1204
License suspension or revocation and fines
Status: in_force

(a) (1) After proper notice and an opportunity to be heard, the Arkansas State Medical Board may assess a civil fine against a physician who violates this subchapter. (2) The civil fine shall not exceed: (A) Twenty-five thousand dollars ($25,000) for the first violation; (B) Fifty thousand dollars ($50,000) for the second violation; (C) One hundred thousand dollars ($100,000) for the third violation; and (D) For each subsequent violation, any amount over one hundred thousand dollars ($100,000) sufficient to deter future violations. (b) The board may suspend or revoke the physician's license in accordance with procedures established under § 17-95-410 . (c) (1) All fines assessed and collected under this section shall be remitted to the Treasurer of State. (2) The Treasurer of State shall deposit the entire amount of any fines collected under this section into the State Treasury as general revenues. (d) The civil fine assessed under this section is in addition to the criminal penalty imposed under § 20-16-1203 . Acts 2009, No. 196, § 1.

(a) (1) After proper notice and an opportunity to be heard, the Arkansas State Medical Board may assess a civil fine against a physician who violates this subchapter. (2) The civil fine shall not exceed: (A) Twenty-five thousand dollars ($25,000) for the first violation; (B) Fifty thousand dollars ($50,000) for the second violation; (C) One hundred thousand dollars ($100,000) for the third violation; and (D) For each subsequent violation, any amount over one hundred thousand dollars ($100,000) sufficient to deter future violations.

(1) After proper notice and an opportunity to be heard, the Arkansas State Medical Board may assess a civil fine against a physician who violates this subchapter.

(2) The civil fine shall not exceed: (A) Twenty-five thousand dollars ($25,000) for the first violation; (B) Fifty thousand dollars ($50,000) for the second violation; (C) One hundred thousand dollars ($100,000) for the third violation; and (D) For each subsequent violation, any amount over one hundred thousand dollars ($100,000) sufficient to deter future violations.

(A) Twenty-five thousand dollars ($25,000) for the first violation;

(B) Fifty thousand dollars ($50,000) for the second violation;

(C) One hundred thousand dollars ($100,000) for the third violation; and

(D) For each subsequent violation, any amount over one hundred thousand dollars ($100,000) sufficient to deter future violations.

(b) The board may suspend or revoke the physician's license in accordance with procedures established under § 17-95-410 .

(c) (1) All fines assessed and collected under this section shall be remitted to the Treasurer of State. (2) The Treasurer of State shall deposit the entire amount of any fines collected under this section into the State Treasury as general revenues.

(1) All fines assessed and collected under this section shall be remitted to the Treasurer of State.

(2) The Treasurer of State shall deposit the entire amount of any fines collected under this section into the State Treasury as general revenues.

(d) The civil fine assessed under this section is in addition to the criminal penalty imposed under § 20-16-1203 .

Acts 2009, No. 196, § 1.
Ark. Code Ann. § 20-9-101 — AR Code / Title 20 / Chapter 9 / Subchapter 1 / Section 20-9-101
Professional health service personnel - Parity
Status: in_force

(a) Any additional compensation or allowances which may be made available to professional health service personnel at the University of Arkansas for Medical Sciences campus may also be made available to those in comparable positions in all divisions or offices of the Department of Human Services. (b) Professional health service personnel shall be limited to all nursing, occupational therapy, and physical therapy classifications. Acts 1991, No. 1085, § 26.

(a) Any additional compensation or allowances which may be made available to professional health service personnel at the University of Arkansas for Medical Sciences campus may also be made available to those in comparable positions in all divisions or offices of the Department of Human Services.

(b) Professional health service personnel shall be limited to all nursing, occupational therapy, and physical therapy classifications.

Acts 1991, No. 1085, § 26.
Ark. Code Ann. § 20-27-1005 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1005
Procedures
Status: in_force

The procedures of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on licenses, right of appeal, presumptions, finality of actions, and related matters shall be as provided in the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including, but not limited to, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 . Amended by Act 2019, No. 315,§ 2100, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3216, eff. 7/1/2019. Acts 1985, No. 394, § 4; A.S.A. 1947, § 82-1947.

The procedures of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on licenses, right of appeal, presumptions, finality of actions, and related matters shall be as provided in the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including, but not limited to, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 .

Amended by Act 2019, No. 315,§ 2100, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3216, eff. 7/1/2019.

Acts 1985, No. 394, § 4; A.S.A. 1947, § 82-1947.
Ark. Code Ann. § 20-14-303 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-303
Rights generally
Status: in_force

(a) Individuals with visual, hearing, or other physical disabilities shall have the same rights and privileges as other persons to the full use and enjoyment of: (1) The public streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places; (2) All common carriers and other public conveyances or modes of transportation, whether by air, land, or water; (3) All hotels, motels, lodging places, and housing accommodations; (4) Other places of public accommodation, amusement, or resort; and (5) All other places to which the general public is invited. (b) The rights and privileges are subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter with respect to individuals with visual, hearing, or other physical disabilities. Acts 1973, No. 484, § 2; 1979, No. 574, § 1; A.S.A. 1947, § 82-2902.

(a) Individuals with visual, hearing, or other physical disabilities shall have the same rights and privileges as other persons to the full use and enjoyment of: (1) The public streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places; (2) All common carriers and other public conveyances or modes of transportation, whether by air, land, or water; (3) All hotels, motels, lodging places, and housing accommodations; (4) Other places of public accommodation, amusement, or resort; and (5) All other places to which the general public is invited.

(1) The public streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places;

(2) All common carriers and other public conveyances or modes of transportation, whether by air, land, or water;

(3) All hotels, motels, lodging places, and housing accommodations;

(4) Other places of public accommodation, amusement, or resort; and

(5) All other places to which the general public is invited.

(b) The rights and privileges are subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter with respect to individuals with visual, hearing, or other physical disabilities.

Acts 1973, No. 484, § 2; 1979, No. 574, § 1; A.S.A. 1947, § 82-2902.
Ark. Code Ann. § 20-60-216 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-216
Federal or other approved inspection - Basis for exemption
Status: in_force

A commercial plant at which livestock or poultry are slaughtered or meat or meat food products are processed for human consumption shall be exempted by the Secretary of the Department of Agriculture from the inspection provisions of this subchapter if the secretary finds that the commercial plant is subject to federal inspection or other approved inspection. Added by Act 2021, No. 418,§ 2, eff. 3/23/2021.

A commercial plant at which livestock or poultry are slaughtered or meat or meat food products are processed for human consumption shall be exempted by the Secretary of the Department of Agriculture from the inspection provisions of this subchapter if the secretary finds that the commercial plant is subject to federal inspection or other approved inspection.

Added by Act 2021, No. 418,§ 2, eff. 3/23/2021.
Ark. Code Ann. § 20-18-307 — AR Code / Title 20 / Chapter 18 / Subchapter 3 / Section 20-18-307
Amendment of vital records and reports
Status: in_force

(a) A certificate, vital report, or vital record registered under this chapter may be amended only in accordance with this chapter and rules adopted by the State Board of Health to protect the integrity and accuracy of vital records and vital reports. (b) (1) A certificate, vital report, or vital record that is amended under this section shall be marked "AMENDED". The date of amendment, the identity of the person making the amendment, and a summary description of the evidence submitted in support of the amendment shall be made a part of the vital record or vital report. (2) The board shall prescribe by rule the conditions under which additions or minor corrections may be made to certificates or vital records within one (1) year after the date of the event without the certificate's or vital record's being considered as amended. (c) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of the person or his or her parents, guardian or legal representative, the State Registrar of Vital Records shall amend the certificate of birth to show the new name. (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that the individual's name has been changed, the certificate of birth of the individual shall be amended accordingly. (e) When an applicant does not submit the minimum documentation required in the rules for amending a vital record or when the state registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action. The state registrar shall advise the applicant of his or her right of appeal to a court of competent jurisdiction. (f) When a certificate or record is amended under this section by the state registrar, the state registrar shall report the amendment to any other custodian of the vital record, and the vital record shall be amended accordingly. (g) When an amendment is made to a certificate of marriage, divorce, or annulment by the local official issuing the marriage license or the court entering the decree of divorce or annulment, copies of the amendment shall be forwarded to the state registrar. Amended by Act 2019, No. 315,§ 1965, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1964, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1963, eff. 7/24/2019. Acts 1981, No. 120, § 20; A.S.A. 1947, § 82-520; Acts 1995, No. 1254, § 14.

(a) A certificate, vital report, or vital record registered under this chapter may be amended only in accordance with this chapter and rules adopted by the State Board of Health to protect the integrity and accuracy of vital records and vital reports.

(b) (1) A certificate, vital report, or vital record that is amended under this section shall be marked "AMENDED". The date of amendment, the identity of the person making the amendment, and a summary description of the evidence submitted in support of the amendment shall be made a part of the vital record or vital report. (2) The board shall prescribe by rule the conditions under which additions or minor corrections may be made to certificates or vital records within one (1) year after the date of the event without the certificate's or vital record's being considered as amended.

(1) A certificate, vital report, or vital record that is amended under this section shall be marked "AMENDED". The date of amendment, the identity of the person making the amendment, and a summary description of the evidence submitted in support of the amendment shall be made a part of the vital record or vital report.

(2) The board shall prescribe by rule the conditions under which additions or minor corrections may be made to certificates or vital records within one (1) year after the date of the event without the certificate's or vital record's being considered as amended.

(c) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of the person or his or her parents, guardian or legal representative, the State Registrar of Vital Records shall amend the certificate of birth to show the new name.

(d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that the individual's name has been changed, the certificate of birth of the individual shall be amended accordingly.

(e) When an applicant does not submit the minimum documentation required in the rules for amending a vital record or when the state registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action. The state registrar shall advise the applicant of his or her right of appeal to a court of competent jurisdiction.

(f) When a certificate or record is amended under this section by the state registrar, the state registrar shall report the amendment to any other custodian of the vital record, and the vital record shall be amended accordingly.

(g) When an amendment is made to a certificate of marriage, divorce, or annulment by the local official issuing the marriage license or the court entering the decree of divorce or annulment, copies of the amendment shall be forwarded to the state registrar.

Amended by Act 2019, No. 315,§ 1965, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1964, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1963, eff. 7/24/2019.

Acts 1981, No. 120, § 20; A.S.A. 1947, § 82-520; Acts 1995, No. 1254, § 14.
Ark. Code Ann. § 20-17-1201 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1201
Short title
Status: in_force

This subchapter shall be known and may be cited as the "Revised Arkansas Anatomical Gift Act". Acts 2007, No. 839, § 1.

This subchapter shall be known and may be cited as the "Revised Arkansas Anatomical Gift Act".

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-16-1407 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1407
Criminal penalties
Status: in_force

(a) A person who purposely, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this subchapter is guilty of a Class D felony. (b) A penalty may not be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced. Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

(a) A person who purposely, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this subchapter is guilty of a Class D felony.

(b) A penalty may not be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-78-218 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-218
Administration of subchapter
Status: in_force

The Division of Child Care and Early Childhood Education shall continue to be the administrative agency to administer the provisions of this subchapter in accordance with the rules and standards for the licensing and operation of childcare facilities as promulgated by the division. Amended by Act 2019, No. 315,§ 2292, eff. 7/24/2019. Acts 1987, No. 856, § 1; 1997, No. 1132, § 17.

The Division of Child Care and Early Childhood Education shall continue to be the administrative agency to administer the provisions of this subchapter in accordance with the rules and standards for the licensing and operation of childcare facilities as promulgated by the division.

Amended by Act 2019, No. 315,§ 2292, eff. 7/24/2019.

Acts 1987, No. 856, § 1; 1997, No. 1132, § 17.
Ark. Code Ann. § 20-27-2702 — AR Code / Title 20 / Chapter 27 / Subchapter 27 / Section 20-27-2702
Bedding labels
Status: in_force

(a) (1) All bedding manufactured, renovated, sanitized, or sold by a seller within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials or is made in whole or in part from secondhand materials. (2) The label on bedding made from all new materials shall be white in color and shall state, "ALL NEW MATERIAL". (3) The label on bedding made in whole or in part from secondhand materials shall be yellow in color and shall state, "SECONDHAND MATERIAL". (4) The labels shall also comply with rules adopted by the Department of Health regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors. (5) Labels required by this section shall be permanently affixed. (b) A person shall not remove, deface, or alter in whole or in part a label or any statement on a label with the intent to defeat the provisions of this section. (c) A person shall not make a false or misleading statement on any label required under this section. (d) The Secretary of the Department of Health shall approve the form and size of labels, the fabric of which the labels are made, and the wording and statements on labels provided for under this section. (e) Labels required under this section shall be securely attached to the article of bedding or filling material at the site of the manufacturer in a conspicuous place where the label can be easily examined. (f) Labels required by this section shall have printing only on one (1) side. (g) Advertising matter shall not be placed on any label or any other printed matter not required by the provisions of this section. (h) The following statements and headings shall be shown on labels: (1) "UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER" shall appear at the top of the label; (2) Headings shall read "All New Material" when the bedding material is wholly new material; (3) "Secondhand Material" when the bedding material in whole or in part is composed of secondhand material; (4) Description of filling material as provided in the applicable rules shall be included on the label; (5) The registry number assigned or approved by the department shall be included on the label; (6) Certification by the manufacturer that the materials in this article are described in accordance with law shall be included on the label; and (7) For renovated articles, the name and address of the owner. Amended by Act 2019, No. 315,§ 2125, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5040, eff. 7/1/2019. Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.

(a) (1) All bedding manufactured, renovated, sanitized, or sold by a seller within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials or is made in whole or in part from secondhand materials. (2) The label on bedding made from all new materials shall be white in color and shall state, "ALL NEW MATERIAL". (3) The label on bedding made in whole or in part from secondhand materials shall be yellow in color and shall state, "SECONDHAND MATERIAL". (4) The labels shall also comply with rules adopted by the Department of Health regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors. (5) Labels required by this section shall be permanently affixed.

(1) All bedding manufactured, renovated, sanitized, or sold by a seller within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials or is made in whole or in part from secondhand materials.

(2) The label on bedding made from all new materials shall be white in color and shall state, "ALL NEW MATERIAL".

(3) The label on bedding made in whole or in part from secondhand materials shall be yellow in color and shall state, "SECONDHAND MATERIAL".

(4) The labels shall also comply with rules adopted by the Department of Health regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors.

(5) Labels required by this section shall be permanently affixed.

(b) A person shall not remove, deface, or alter in whole or in part a label or any statement on a label with the intent to defeat the provisions of this section.

(c) A person shall not make a false or misleading statement on any label required under this section.

(d) The Secretary of the Department of Health shall approve the form and size of labels, the fabric of which the labels are made, and the wording and statements on labels provided for under this section.

(e) Labels required under this section shall be securely attached to the article of bedding or filling material at the site of the manufacturer in a conspicuous place where the label can be easily examined.

(f) Labels required by this section shall have printing only on one (1) side.

(g) Advertising matter shall not be placed on any label or any other printed matter not required by the provisions of this section.

(h) The following statements and headings shall be shown on labels: (1) "UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER" shall appear at the top of the label; (2) Headings shall read "All New Material" when the bedding material is wholly new material; (3) "Secondhand Material" when the bedding material in whole or in part is composed of secondhand material; (4) Description of filling material as provided in the applicable rules shall be included on the label; (5) The registry number assigned or approved by the department shall be included on the label; (6) Certification by the manufacturer that the materials in this article are described in accordance with law shall be included on the label; and (7) For renovated articles, the name and address of the owner.

(1) "UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER" shall appear at the top of the label;

(2) Headings shall read "All New Material" when the bedding material is wholly new material;

(3) "Secondhand Material" when the bedding material in whole or in part is composed of secondhand material;

(4) Description of filling material as provided in the applicable rules shall be included on the label;

(5) The registry number assigned or approved by the department shall be included on the label;

(6) Certification by the manufacturer that the materials in this article are described in accordance with law shall be included on the label; and

(7) For renovated articles, the name and address of the owner.

Amended by Act 2019, No. 315,§ 2125, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5040, eff. 7/1/2019.

Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-48-207 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-207
Board of Developmental Disabilities Services - Contracts for provision of services
Status: in_force

(a) If and to the extent necessary to accomplish the intended purpose of this subchapter to make available the broadest and most effective provision of intellectual and developmental disabilities services to those in need of the services, the Board of Developmental Disabilities Services is authorized to contract for the providing of intellectual and developmental disabilities services by other public agencies or private organizations. (b) In this regard, the board may promulgate rules and fix standards necessary to properly ensure that such intellectual and developmental disabilities services are furnished in a proper and reasonable manner and on an economical basis. Amended by Act 2019, No. 315,§ 2150, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 22, eff. 7/24/2019. Acts 1969, No. 265, § 10; A.S.A. 1947, § 59-1010.

(a) If and to the extent necessary to accomplish the intended purpose of this subchapter to make available the broadest and most effective provision of intellectual and developmental disabilities services to those in need of the services, the Board of Developmental Disabilities Services is authorized to contract for the providing of intellectual and developmental disabilities services by other public agencies or private organizations.

(b) In this regard, the board may promulgate rules and fix standards necessary to properly ensure that such intellectual and developmental disabilities services are furnished in a proper and reasonable manner and on an economical basis.

Amended by Act 2019, No. 315,§ 2150, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 22, eff. 7/24/2019.

Acts 1969, No. 265, § 10; A.S.A. 1947, § 59-1010.
Ark. Code Ann. § 20-22-701 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-701
Definitions
Status: in_force

As used in this subchapter: (1) "Distributor" means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer, or both; (2) "I.C.C. Class C common fireworks" means all articles of fireworks classified as "I.C.C. Class C common fireworks" as defined in § 20-22-708 and in the regulations of the United States Surface Transportation Board for the transportation of explosives and other dangerous articles; (3) "Importer" means any person who imports, brings in, or causes to be brought in any fireworks from outside the geographical limits of the State of Arkansas into this state; (4) "Jobber" means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail. "Wholesaler" shall have the same meaning as "jobber"; (5) "License" means the written authority of the State Fire Marshal issued under the authority of this subchapter to a distributor, jobber, wholesaler, manufacturer, importer, or retailer for a fee as provided in § 20-22-707 ; (6) "Manufacturer" means any person engaged in the making or construction of fireworks in the State of Arkansas or any person engaged in the making or construction of fireworks who ships or causes to be shipped, or transports or causes to be transported, any items of fireworks into the State of Arkansas; (7) "Permit" means the written authority of the State Fire Marshal issued for a public fireworks display under the authority of this subchapter; (8) "Person" means any corporation, association, copartnership, or one (1) or more individuals; (9) "Retailer" means any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than a distributor or jobber; (10) "Sale" means barter, exchange, gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee; (11) "Shooter" means any person conducting any combination of fireworks, pyrotechnics, or special effects displays within the State of Arkansas; and (12) "Special fireworks" means all articles of fireworks that are classified as Class B explosives in the regulations of the United States Surface Transportation Board and shall include all articles other than those classified as Class C but shall not include such dangerous items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, torpedoes, and fireworks containing more than fifty milligrams (50mg) of explosive powder. Amended by Act 2023, No. 841,§ 29, eff. 7/1/2023. Amended by Act 2023, No. 841,§ 28, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6008, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6007, eff. 7/1/2019. Acts 1961, No. 224, § 7; 1977, No. 379, § 1; A.S.A. 1947, § 82-1707; Acts 2005, No. 2204, § 1.

As used in this subchapter:

(1) "Distributor" means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer, or both;

(2) "I.C.C. Class C common fireworks" means all articles of fireworks classified as "I.C.C. Class C common fireworks" as defined in § 20-22-708 and in the regulations of the United States Surface Transportation Board for the transportation of explosives and other dangerous articles;

(3) "Importer" means any person who imports, brings in, or causes to be brought in any fireworks from outside the geographical limits of the State of Arkansas into this state;

(4) "Jobber" means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail. "Wholesaler" shall have the same meaning as "jobber";

(5) "License" means the written authority of the State Fire Marshal issued under the authority of this subchapter to a distributor, jobber, wholesaler, manufacturer, importer, or retailer for a fee as provided in § 20-22-707 ;

(6) "Manufacturer" means any person engaged in the making or construction of fireworks in the State of Arkansas or any person engaged in the making or construction of fireworks who ships or causes to be shipped, or transports or causes to be transported, any items of fireworks into the State of Arkansas;

(7) "Permit" means the written authority of the State Fire Marshal issued for a public fireworks display under the authority of this subchapter;

(8) "Person" means any corporation, association, copartnership, or one (1) or more individuals;

(9) "Retailer" means any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than a distributor or jobber;

(10) "Sale" means barter, exchange, gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee;

(11) "Shooter" means any person conducting any combination of fireworks, pyrotechnics, or special effects displays within the State of Arkansas; and

(12) "Special fireworks" means all articles of fireworks that are classified as Class B explosives in the regulations of the United States Surface Transportation Board and shall include all articles other than those classified as Class C but shall not include such dangerous items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, torpedoes, and fireworks containing more than fifty milligrams (50mg) of explosive powder.

Amended by Act 2023, No. 841,§ 29, eff. 7/1/2023.

Amended by Act 2023, No. 841,§ 28, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6008, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6007, eff. 7/1/2019.

Acts 1961, No. 224, § 7; 1977, No. 379, § 1; A.S.A. 1947, § 82-1707; Acts 2005, No. 2204, § 1.
Ark. Code Ann. § 20-7-405 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-405
Financing of construction and renovation
Status: in_force

(a) (1) To finance the construction of the laboratory and renovation of the building, the State Board of Health may enter into a loan from the Arkansas Development Finance Authority in the principal amount of not more than twenty-six million dollars ($26,000,000) under the Arkansas Development Finance Authority Act, § 15-5-101 et seq., § 15-5-201 et seq., and § 15-5-301 et seq. (2) The amount and purpose of the loan shall be approved by the board in an authorizing resolution, copies of which shall be maintained in the records of the board and of the authority. (b) The loan shall bear interest at a rate determined by the rate of interest on funds borrowed by the authority to fund the loan but not to exceed the lesser of ten percent (10%) per annum or the maximum rate of interest permitted by the Arkansas Constitution. (c) The loan shall mature over a period of not more than thirty (30) years. (d) The board and the Secretary of the Department of Health may execute and deliver agreements, instruments, and other undertakings and writings and take such action as may be appropriate to evidence the loan and the security for the loan and to carry out this subchapter. Amended by Act 2019, No. 910,§ 4945, eff. 7/1/2019. Acts 2003, No. 1723, § 5.

(a) (1) To finance the construction of the laboratory and renovation of the building, the State Board of Health may enter into a loan from the Arkansas Development Finance Authority in the principal amount of not more than twenty-six million dollars ($26,000,000) under the Arkansas Development Finance Authority Act, § 15-5-101 et seq., § 15-5-201 et seq., and § 15-5-301 et seq. (2) The amount and purpose of the loan shall be approved by the board in an authorizing resolution, copies of which shall be maintained in the records of the board and of the authority.

(1) To finance the construction of the laboratory and renovation of the building, the State Board of Health may enter into a loan from the Arkansas Development Finance Authority in the principal amount of not more than twenty-six million dollars ($26,000,000) under the Arkansas Development Finance Authority Act, § 15-5-101 et seq., § 15-5-201 et seq., and § 15-5-301 et seq.

(2) The amount and purpose of the loan shall be approved by the board in an authorizing resolution, copies of which shall be maintained in the records of the board and of the authority.

(b) The loan shall bear interest at a rate determined by the rate of interest on funds borrowed by the authority to fund the loan but not to exceed the lesser of ten percent (10%) per annum or the maximum rate of interest permitted by the Arkansas Constitution.

(c) The loan shall mature over a period of not more than thirty (30) years.

(d) The board and the Secretary of the Department of Health may execute and deliver agreements, instruments, and other undertakings and writings and take such action as may be appropriate to evidence the loan and the security for the loan and to carry out this subchapter.

Amended by Act 2019, No. 910,§ 4945, eff. 7/1/2019.

Acts 2003, No. 1723, § 5.
Ark. Code Ann. § 20-15-1902 — AR Code / Title 20 / Chapter 15 / Subchapter 19 / Section 20-15-1902
Findings
Status: in_force

(a) The General Assembly finds that: (1) (A) In 2015, colorectal cancer was the second leading cause of cancer death in Arkansas. (B) An estimated one thousand five hundred eighty-two (1,582) new cases of colorectal cancer were diagnosed in Arkansas during 2015. (C) An estimated one thousand three hundred seventy (1,370) new cases of colorectal cancer will be diagnosed in Arkansas during 2018. (D) An estimated six hundred (600) Arkansans will have colorectal cancer listed as the cause of death in 2018. (E) Arkansas presently has higher incidences of colorectal cancer and higher rates of death resulting from colorectal cancer than the national average. (F) A 2015 cancer surveillance study published in the journal of Cancer Epidemiology, Biomarkers, and Prevention by R.L. Siegel et al. indicates that the higher rates of colorectal cancer are experienced in the following seventeen (17) counties: (i) Randolph; (ii) Clay; (iii) Mississippi; (iv) Poinsett; (v) Woodruff; (vi) Cross; (vii) Crittenden; (viii) Lee; (ix) Monroe; (x) Arkansas; (xi) Phillips; (xii) Desha; (xiii) Chicot; (xiv) Drew; (xv) Jefferson; (xvi) Dallas; and (xvii) Jackson; (2) (A) Screening for colorectal cancer may identify the precursors of cancer before the disease begins and the precursors may be removed, thus preventing the emergence of most colorectal cancer. (B) Currently, only sixty-five percent (65%) of Arkansans who are at risk for colorectal cancer or who are above fifty (50) years of age have been screened. (C) On April 19, 2016, Governor Asa Hutchinson signed the "80% by 2018" pledge dedicating his commitment to increase colorectal cancer screenings to eighty percent (80%) by 2018. (D) Arkansas presently ranks forty-sixth in the nation for colorectal screenings among individuals who are fifty (50) years of age or older; and (3) The Colorectal Cancer Control Demonstration Project created in the Colorectal Cancer Act of 2005, Acts 2005, No. 2236 [repealed], produced findings indicating that: (A) (i) Statewide only fifty percent (50%) of adults over fifty (50) years of age have received colorectal cancer screening within the recommended time interval and thirty-five percent (35%) have never been screened. (ii) Screening rates are twenty-five percent (25%) lower in underserved areas of the state where healthcare services, health insurance coverage, educational attainment, and household income are limited; (B) (i) Forty percent (40%) of Arkansans who should be screened for colorectal cancer have never received physician advice to be screened. (ii) An individual in an underserved area of the state is less likely to receive appropriate advice about effective screening methods than an individual in a better-served area of the state; (C) (i) Fewer than forty percent (40%) of Arkansas citizens know that periodic screening for colorectal cancer should start at fifty (50) years of age. (ii) Fifty-six percent (56%) of Arkansas citizens rate themselves as being at low risk for colorectal cancer. (iii) Forty-two percent (42%) of Arkansas citizens identify cost as a significant barrier to screening; and (D) (i) Eighty-one percent (81%) of low-income patients enrolled in the Colorectal Cancer Control Demonstration Project successfully completed colorectal screening. (ii) A statewide screening program for underserved individuals could reduce colorectal cancer incidence among screened individuals by thirty-two percent (32%), reduce five-year mortality risk by twenty-five percent (25%), and reduce colorectal cancer treatment costs by fifty-four percent (54%). (b) This subchapter is intended to reduce the physical and economic burden of colorectal cancer in Arkansas. Amended by Act 2019, No. 655,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017. Acts 2009, No. 1374, § 1; 2011, No. 1121, § 3.

(a) The General Assembly finds that: (1) (A) In 2015, colorectal cancer was the second leading cause of cancer death in Arkansas. (B) An estimated one thousand five hundred eighty-two (1,582) new cases of colorectal cancer were diagnosed in Arkansas during 2015. (C) An estimated one thousand three hundred seventy (1,370) new cases of colorectal cancer will be diagnosed in Arkansas during 2018. (D) An estimated six hundred (600) Arkansans will have colorectal cancer listed as the cause of death in 2018. (E) Arkansas presently has higher incidences of colorectal cancer and higher rates of death resulting from colorectal cancer than the national average. (F) A 2015 cancer surveillance study published in the journal of Cancer Epidemiology, Biomarkers, and Prevention by R.L. Siegel et al. indicates that the higher rates of colorectal cancer are experienced in the following seventeen (17) counties: (i) Randolph; (ii) Clay; (iii) Mississippi; (iv) Poinsett; (v) Woodruff; (vi) Cross; (vii) Crittenden; (viii) Lee; (ix) Monroe; (x) Arkansas; (xi) Phillips; (xii) Desha; (xiii) Chicot; (xiv) Drew; (xv) Jefferson; (xvi) Dallas; and (xvii) Jackson; (2) (A) Screening for colorectal cancer may identify the precursors of cancer before the disease begins and the precursors may be removed, thus preventing the emergence of most colorectal cancer. (B) Currently, only sixty-five percent (65%) of Arkansans who are at risk for colorectal cancer or who are above fifty (50) years of age have been screened. (C) On April 19, 2016, Governor Asa Hutchinson signed the "80% by 2018" pledge dedicating his commitment to increase colorectal cancer screenings to eighty percent (80%) by 2018. (D) Arkansas presently ranks forty-sixth in the nation for colorectal screenings among individuals who are fifty (50) years of age or older; and (3) The Colorectal Cancer Control Demonstration Project created in the Colorectal Cancer Act of 2005, Acts 2005, No. 2236 [repealed], produced findings indicating that: (A) (i) Statewide only fifty percent (50%) of adults over fifty (50) years of age have received colorectal cancer screening within the recommended time interval and thirty-five percent (35%) have never been screened. (ii) Screening rates are twenty-five percent (25%) lower in underserved areas of the state where healthcare services, health insurance coverage, educational attainment, and household income are limited; (B) (i) Forty percent (40%) of Arkansans who should be screened for colorectal cancer have never received physician advice to be screened. (ii) An individual in an underserved area of the state is less likely to receive appropriate advice about effective screening methods than an individual in a better-served area of the state; (C) (i) Fewer than forty percent (40%) of Arkansas citizens know that periodic screening for colorectal cancer should start at fifty (50) years of age. (ii) Fifty-six percent (56%) of Arkansas citizens rate themselves as being at low risk for colorectal cancer. (iii) Forty-two percent (42%) of Arkansas citizens identify cost as a significant barrier to screening; and (D) (i) Eighty-one percent (81%) of low-income patients enrolled in the Colorectal Cancer Control Demonstration Project successfully completed colorectal screening. (ii) A statewide screening program for underserved individuals could reduce colorectal cancer incidence among screened individuals by thirty-two percent (32%), reduce five-year mortality risk by twenty-five percent (25%), and reduce colorectal cancer treatment costs by fifty-four percent (54%).

(1) (A) In 2015, colorectal cancer was the second leading cause of cancer death in Arkansas. (B) An estimated one thousand five hundred eighty-two (1,582) new cases of colorectal cancer were diagnosed in Arkansas during 2015. (C) An estimated one thousand three hundred seventy (1,370) new cases of colorectal cancer will be diagnosed in Arkansas during 2018. (D) An estimated six hundred (600) Arkansans will have colorectal cancer listed as the cause of death in 2018. (E) Arkansas presently has higher incidences of colorectal cancer and higher rates of death resulting from colorectal cancer than the national average. (F) A 2015 cancer surveillance study published in the journal of Cancer Epidemiology, Biomarkers, and Prevention by R.L. Siegel et al. indicates that the higher rates of colorectal cancer are experienced in the following seventeen (17) counties: (i) Randolph; (ii) Clay; (iii) Mississippi; (iv) Poinsett; (v) Woodruff; (vi) Cross; (vii) Crittenden; (viii) Lee; (ix) Monroe; (x) Arkansas; (xi) Phillips; (xii) Desha; (xiii) Chicot; (xiv) Drew; (xv) Jefferson; (xvi) Dallas; and (xvii) Jackson;

(A) In 2015, colorectal cancer was the second leading cause of cancer death in Arkansas.

(B) An estimated one thousand five hundred eighty-two (1,582) new cases of colorectal cancer were diagnosed in Arkansas during 2015.

(C) An estimated one thousand three hundred seventy (1,370) new cases of colorectal cancer will be diagnosed in Arkansas during 2018.

(D) An estimated six hundred (600) Arkansans will have colorectal cancer listed as the cause of death in 2018.

(E) Arkansas presently has higher incidences of colorectal cancer and higher rates of death resulting from colorectal cancer than the national average.

(F) A 2015 cancer surveillance study published in the journal of Cancer Epidemiology, Biomarkers, and Prevention by R.L. Siegel et al. indicates that the higher rates of colorectal cancer are experienced in the following seventeen (17) counties: (i) Randolph; (ii) Clay; (iii) Mississippi; (iv) Poinsett; (v) Woodruff; (vi) Cross; (vii) Crittenden; (viii) Lee; (ix) Monroe; (x) Arkansas; (xi) Phillips; (xii) Desha; (xiii) Chicot; (xiv) Drew; (xv) Jefferson; (xvi) Dallas; and (xvii) Jackson;

(i) Randolph;

(ii) Clay;

(iii) Mississippi;

(iv) Poinsett;

(v) Woodruff;

(vi) Cross;

(vii) Crittenden;

(viii) Lee;

(ix) Monroe;

(x) Arkansas;

(xi) Phillips;

(xii) Desha;

(xiii) Chicot;

(xiv) Drew;

(xv) Jefferson;

(xvi) Dallas; and

(xvii) Jackson;

(2) (A) Screening for colorectal cancer may identify the precursors of cancer before the disease begins and the precursors may be removed, thus preventing the emergence of most colorectal cancer. (B) Currently, only sixty-five percent (65%) of Arkansans who are at risk for colorectal cancer or who are above fifty (50) years of age have been screened. (C) On April 19, 2016, Governor Asa Hutchinson signed the "80% by 2018" pledge dedicating his commitment to increase colorectal cancer screenings to eighty percent (80%) by 2018. (D) Arkansas presently ranks forty-sixth in the nation for colorectal screenings among individuals who are fifty (50) years of age or older; and

(A) Screening for colorectal cancer may identify the precursors of cancer before the disease begins and the precursors may be removed, thus preventing the emergence of most colorectal cancer.

(B) Currently, only sixty-five percent (65%) of Arkansans who are at risk for colorectal cancer or who are above fifty (50) years of age have been screened.

(C) On April 19, 2016, Governor Asa Hutchinson signed the "80% by 2018" pledge dedicating his commitment to increase colorectal cancer screenings to eighty percent (80%) by 2018.

(D) Arkansas presently ranks forty-sixth in the nation for colorectal screenings among individuals who are fifty (50) years of age or older; and

(3) The Colorectal Cancer Control Demonstration Project created in the Colorectal Cancer Act of 2005, Acts 2005, No. 2236 [repealed], produced findings indicating that: (A) (i) Statewide only fifty percent (50%) of adults over fifty (50) years of age have received colorectal cancer screening within the recommended time interval and thirty-five percent (35%) have never been screened. (ii) Screening rates are twenty-five percent (25%) lower in underserved areas of the state where healthcare services, health insurance coverage, educational attainment, and household income are limited; (B) (i) Forty percent (40%) of Arkansans who should be screened for colorectal cancer have never received physician advice to be screened. (ii) An individual in an underserved area of the state is less likely to receive appropriate advice about effective screening methods than an individual in a better-served area of the state; (C) (i) Fewer than forty percent (40%) of Arkansas citizens know that periodic screening for colorectal cancer should start at fifty (50) years of age. (ii) Fifty-six percent (56%) of Arkansas citizens rate themselves as being at low risk for colorectal cancer. (iii) Forty-two percent (42%) of Arkansas citizens identify cost as a significant barrier to screening; and (D) (i) Eighty-one percent (81%) of low-income patients enrolled in the Colorectal Cancer Control Demonstration Project successfully completed colorectal screening. (ii) A statewide screening program for underserved individuals could reduce colorectal cancer incidence among screened individuals by thirty-two percent (32%), reduce five-year mortality risk by twenty-five percent (25%), and reduce colorectal cancer treatment costs by fifty-four percent (54%).

(A) (i) Statewide only fifty percent (50%) of adults over fifty (50) years of age have received colorectal cancer screening within the recommended time interval and thirty-five percent (35%) have never been screened. (ii) Screening rates are twenty-five percent (25%) lower in underserved areas of the state where healthcare services, health insurance coverage, educational attainment, and household income are limited;

(i) Statewide only fifty percent (50%) of adults over fifty (50) years of age have received colorectal cancer screening within the recommended time interval and thirty-five percent (35%) have never been screened.

(ii) Screening rates are twenty-five percent (25%) lower in underserved areas of the state where healthcare services, health insurance coverage, educational attainment, and household income are limited;

(B) (i) Forty percent (40%) of Arkansans who should be screened for colorectal cancer have never received physician advice to be screened. (ii) An individual in an underserved area of the state is less likely to receive appropriate advice about effective screening methods than an individual in a better-served area of the state;

(i) Forty percent (40%) of Arkansans who should be screened for colorectal cancer have never received physician advice to be screened.

(ii) An individual in an underserved area of the state is less likely to receive appropriate advice about effective screening methods than an individual in a better-served area of the state;

(C) (i) Fewer than forty percent (40%) of Arkansas citizens know that periodic screening for colorectal cancer should start at fifty (50) years of age. (ii) Fifty-six percent (56%) of Arkansas citizens rate themselves as being at low risk for colorectal cancer. (iii) Forty-two percent (42%) of Arkansas citizens identify cost as a significant barrier to screening; and

(i) Fewer than forty percent (40%) of Arkansas citizens know that periodic screening for colorectal cancer should start at fifty (50) years of age.

(ii) Fifty-six percent (56%) of Arkansas citizens rate themselves as being at low risk for colorectal cancer.

(iii) Forty-two percent (42%) of Arkansas citizens identify cost as a significant barrier to screening; and

(D) (i) Eighty-one percent (81%) of low-income patients enrolled in the Colorectal Cancer Control Demonstration Project successfully completed colorectal screening. (ii) A statewide screening program for underserved individuals could reduce colorectal cancer incidence among screened individuals by thirty-two percent (32%), reduce five-year mortality risk by twenty-five percent (25%), and reduce colorectal cancer treatment costs by fifty-four percent (54%).

(i) Eighty-one percent (81%) of low-income patients enrolled in the Colorectal Cancer Control Demonstration Project successfully completed colorectal screening.

(ii) A statewide screening program for underserved individuals could reduce colorectal cancer incidence among screened individuals by thirty-two percent (32%), reduce five-year mortality risk by twenty-five percent (25%), and reduce colorectal cancer treatment costs by fifty-four percent (54%).

(b) This subchapter is intended to reduce the physical and economic burden of colorectal cancer in Arkansas.

Amended by Act 2019, No. 655,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017.

Acts 2009, No. 1374, § 1; 2011, No. 1121, § 3.
Ark. Code Ann. § 20-47-217 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-217
Appeals
Status: in_force

All involuntary admission orders authorized in this subchapter shall be considered final and appealable under Rule 2 of the Arkansas Rules of Appellate Procedure - Civil. Acts 1989, No. 861, § 23.

All involuntary admission orders authorized in this subchapter shall be considered final and appealable under Rule 2 of the Arkansas Rules of Appellate Procedure - Civil.

Acts 1989, No. 861, § 23.
Ark. Code Ann. § 20-27-1103 — AR Code / Title 20 / Chapter 27 / Subchapter 11 / Section 20-27-1103
Exemptions
Status: in_force

This subchapter shall not apply to the following: (1) Blasting conducted at a surface coal mine regulated by the Division of Environmental Quality pursuant to the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq.; and (2) Blasting conducted during seismic operations regulated by the Oil and Gas Commission pursuant to § 15-71-114 . Amended by Act 2019, No. 910,§ 3227, eff. 7/1/2019. Acts 1991, No. 780, § 1; 1999, No. 1164, § 176.

This subchapter shall not apply to the following:

(1) Blasting conducted at a surface coal mine regulated by the Division of Environmental Quality pursuant to the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq.; and

(2) Blasting conducted during seismic operations regulated by the Oil and Gas Commission pursuant to § 15-71-114 .

Amended by Act 2019, No. 910,§ 3227, eff. 7/1/2019.

Acts 1991, No. 780, § 1; 1999, No. 1164, § 176.
Ark. Code Ann. § 20-77-127 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-127
Eligibility for long-term care - Definition
Status: in_force

(a) The eligibility determination regarding every applicant for long-term care nursing facility placement shall be made according to the criteria in the rules promulgated by the Department of Human Services. (b) The department shall promulgate rules to establish eligibility determinations for long-term care nursing facility placement. (c) (1) (A) Under 42 C.F.R. § 435.725 , certain amounts of income may be deducted from income to: (i) Calculate the amount certain institutionalized recipients of long-term care Medicaid must contribute to the cost of their care; and (ii) Determine the amount by which the Medicaid payment to the institution is to be reduced. (B) The federal regulations also provide for deduction amounts for incurred expenses for "necessary medical or remedial care recognized under state law but not covered under the state's Medicaid plan, subject to reasonable limits the agency may establish on amounts of these expenses", which are commonly referred to as "Medicaid income offsets". (2) The Department of Human Services shall clarify the proper administration of 42 C.F.R. § 435.725 , as it existed on January 1, 2017, by creating and promulgating rules that: (A) Identify and define the types of expenses that are not covered by the Medicaid state plan that are potentially eligible for Medicaid income offsets; (B) Identify the types of expenses that are not eligible for Medicaid income offsets; (C) Define a process for determining whether the medical or remedial service is medically appropriate and necessary and not covered under the Medicaid state plan; and (D) Set reasonable limits on the amounts allowed for eligible Medicaid income offsets. (d) (1) To the extent approved by the United States Government, the department shall exclude any assets accumulated in a person's independence account and any income or assets from retirement benefits earned or accumulated from employment income or employer contributions while the person was employed and eligible for and receiving benefits under the low-income disabled working person category of Medicaid eligibility, as established under § 20-77-1201 et seq., when determining that person's financial eligibility and cost-sharing requirements, if any, for the long-term care medical assistance. (2) As used in this section, "independence account" means an account approved by the department that consists solely of savings, and dividends or other gains derived from those savings, from income earned from paid employment after the initial date on which a person began receiving medical assistance under the low-income disabled working person category of Medicaid eligibility, as established under § 20-77-1201 et seq. Amended by Act 2021, No. 937,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 923,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 892,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1217,§ 1, eff. 8/16/2013.

(a) The eligibility determination regarding every applicant for long-term care nursing facility placement shall be made according to the criteria in the rules promulgated by the Department of Human Services.

(b) The department shall promulgate rules to establish eligibility determinations for long-term care nursing facility placement.

(c) (1) (A) Under 42 C.F.R. § 435.725 , certain amounts of income may be deducted from income to: (i) Calculate the amount certain institutionalized recipients of long-term care Medicaid must contribute to the cost of their care; and (ii) Determine the amount by which the Medicaid payment to the institution is to be reduced. (B) The federal regulations also provide for deduction amounts for incurred expenses for "necessary medical or remedial care recognized under state law but not covered under the state's Medicaid plan, subject to reasonable limits the agency may establish on amounts of these expenses", which are commonly referred to as "Medicaid income offsets". (2) The Department of Human Services shall clarify the proper administration of 42 C.F.R. § 435.725 , as it existed on January 1, 2017, by creating and promulgating rules that: (A) Identify and define the types of expenses that are not covered by the Medicaid state plan that are potentially eligible for Medicaid income offsets; (B) Identify the types of expenses that are not eligible for Medicaid income offsets; (C) Define a process for determining whether the medical or remedial service is medically appropriate and necessary and not covered under the Medicaid state plan; and (D) Set reasonable limits on the amounts allowed for eligible Medicaid income offsets.

(1) (A) Under 42 C.F.R. § 435.725 , certain amounts of income may be deducted from income to: (i) Calculate the amount certain institutionalized recipients of long-term care Medicaid must contribute to the cost of their care; and (ii) Determine the amount by which the Medicaid payment to the institution is to be reduced. (B) The federal regulations also provide for deduction amounts for incurred expenses for "necessary medical or remedial care recognized under state law but not covered under the state's Medicaid plan, subject to reasonable limits the agency may establish on amounts of these expenses", which are commonly referred to as "Medicaid income offsets".

(A) Under 42 C.F.R. § 435.725 , certain amounts of income may be deducted from income to: (i) Calculate the amount certain institutionalized recipients of long-term care Medicaid must contribute to the cost of their care; and (ii) Determine the amount by which the Medicaid payment to the institution is to be reduced.

(i) Calculate the amount certain institutionalized recipients of long-term care Medicaid must contribute to the cost of their care; and

(ii) Determine the amount by which the Medicaid payment to the institution is to be reduced.

(B) The federal regulations also provide for deduction amounts for incurred expenses for "necessary medical or remedial care recognized under state law but not covered under the state's Medicaid plan, subject to reasonable limits the agency may establish on amounts of these expenses", which are commonly referred to as "Medicaid income offsets".

(2) The Department of Human Services shall clarify the proper administration of 42 C.F.R. § 435.725 , as it existed on January 1, 2017, by creating and promulgating rules that: (A) Identify and define the types of expenses that are not covered by the Medicaid state plan that are potentially eligible for Medicaid income offsets; (B) Identify the types of expenses that are not eligible for Medicaid income offsets; (C) Define a process for determining whether the medical or remedial service is medically appropriate and necessary and not covered under the Medicaid state plan; and (D) Set reasonable limits on the amounts allowed for eligible Medicaid income offsets.

(A) Identify and define the types of expenses that are not covered by the Medicaid state plan that are potentially eligible for Medicaid income offsets;

(B) Identify the types of expenses that are not eligible for Medicaid income offsets;

(C) Define a process for determining whether the medical or remedial service is medically appropriate and necessary and not covered under the Medicaid state plan; and

(D) Set reasonable limits on the amounts allowed for eligible Medicaid income offsets.

(d) (1) To the extent approved by the United States Government, the department shall exclude any assets accumulated in a person's independence account and any income or assets from retirement benefits earned or accumulated from employment income or employer contributions while the person was employed and eligible for and receiving benefits under the low-income disabled working person category of Medicaid eligibility, as established under § 20-77-1201 et seq., when determining that person's financial eligibility and cost-sharing requirements, if any, for the long-term care medical assistance. (2) As used in this section, "independence account" means an account approved by the department that consists solely of savings, and dividends or other gains derived from those savings, from income earned from paid employment after the initial date on which a person began receiving medical assistance under the low-income disabled working person category of Medicaid eligibility, as established under § 20-77-1201 et seq.

(1) To the extent approved by the United States Government, the department shall exclude any assets accumulated in a person's independence account and any income or assets from retirement benefits earned or accumulated from employment income or employer contributions while the person was employed and eligible for and receiving benefits under the low-income disabled working person category of Medicaid eligibility, as established under § 20-77-1201 et seq., when determining that person's financial eligibility and cost-sharing requirements, if any, for the long-term care medical assistance.

(2) As used in this section, "independence account" means an account approved by the department that consists solely of savings, and dividends or other gains derived from those savings, from income earned from paid employment after the initial date on which a person began receiving medical assistance under the low-income disabled working person category of Medicaid eligibility, as established under § 20-77-1201 et seq.

Amended by Act 2021, No. 937,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 923,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 892,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 1217,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-76-603 — AR Code / Title 20 / Chapter 76 / Subchapter 6 / Section 20-76-603
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 49, eff. 5/23/2016. Repealed by Act 2016EX3, No. 2,§ 49, eff. 5/23/2016. Acts 2005, No. 1670, § 1.

Repealed by Act 2016EX3, No. 3,§ 49, eff. 5/23/2016.

Repealed by Act 2016EX3, No. 2,§ 49, eff. 5/23/2016.

Acts 2005, No. 1670, § 1.
Ark. Code Ann. § 20-27-1401 — AR Code / Title 20 / Chapter 27 / Subchapter 14 / Section 20-27-1401
Use of CPVC pipe authorized for certain residential structures
Status: in_force

Chlorinated polyvinyl chloride SDR11 pipe and fittings may hereafter be used in the above-concrete installation of potable hot and cold water distribution systems in residential structures containing no more than four (4) living units. Acts 1999, No. 819, § 1.

Chlorinated polyvinyl chloride SDR11 pipe and fittings may hereafter be used in the above-concrete installation of potable hot and cold water distribution systems in residential structures containing no more than four (4) living units.

Acts 1999, No. 819, § 1.
Ark. Code Ann. § 20-22-303 — AR Code / Title 20 / Chapter 22 / Subchapter 3 / Section 20-22-303
Public nuisance - Duty to extinguish
Status: in_force

(a) Any fire on any forested, cut-over, brushlands, or grasslands burning uncontrolled is declared a public nuisance by reason of its menace to life or property. (b) (1) Any person, firm, or corporation responsible for either the starting or the existing of such a fire is required to control or extinguish it immediately, and, if the person, firm, or corporation shall refuse, neglect, or fail to do so, the Arkansas Forestry Commission and any other organized fire suppression force may summarily abate the nuisance thus constituted by controlling or extinguishing the fire. The person, firm, or corporation responsible for the fire shall be liable for payment of all reasonable costs and expenses incurred in suppressing the fire. (2) Should the costs and expenses of suppression not be paid within ninety (90) days of the invoice date, then the costs shall be recoverable by civil action. Acts 1935, No. 85, § 3; Pope's Dig., § 3051; Acts 1981, No. 845, § 4; A.S.A. 1947, § 41-1953.

(a) Any fire on any forested, cut-over, brushlands, or grasslands burning uncontrolled is declared a public nuisance by reason of its menace to life or property.

(b) (1) Any person, firm, or corporation responsible for either the starting or the existing of such a fire is required to control or extinguish it immediately, and, if the person, firm, or corporation shall refuse, neglect, or fail to do so, the Arkansas Forestry Commission and any other organized fire suppression force may summarily abate the nuisance thus constituted by controlling or extinguishing the fire. The person, firm, or corporation responsible for the fire shall be liable for payment of all reasonable costs and expenses incurred in suppressing the fire. (2) Should the costs and expenses of suppression not be paid within ninety (90) days of the invoice date, then the costs shall be recoverable by civil action.

(1) Any person, firm, or corporation responsible for either the starting or the existing of such a fire is required to control or extinguish it immediately, and, if the person, firm, or corporation shall refuse, neglect, or fail to do so, the Arkansas Forestry Commission and any other organized fire suppression force may summarily abate the nuisance thus constituted by controlling or extinguishing the fire. The person, firm, or corporation responsible for the fire shall be liable for payment of all reasonable costs and expenses incurred in suppressing the fire.

(2) Should the costs and expenses of suppression not be paid within ninety (90) days of the invoice date, then the costs shall be recoverable by civil action.

Acts 1935, No. 85, § 3; Pope's Dig., § 3051; Acts 1981, No. 845, § 4; A.S.A. 1947, § 41-1953.
Ark. Code Ann. § 20-9-1205 — AR Code / Title 20 / Chapter 9 / Subchapter 12 / Section 20-9-1205
Reports regarding healthcare-associated infections
Status: in_force

(a) (1) (A) In consultation with the Advisory Committee on Healthcare Acquired Infections, the Department of Health shall submit annually a report summarizing the health facility quarterly reports required under this subchapter to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor. (B) No health-facility-identifiable data shall be included in the annual report, but aggregate statistical data may be included. (2) The department shall publish the annual report on the department's website. (3) The first annual report shall be submitted and published on or before January 1, 2010. (b) The annual report prepared by the department under this subchapter regarding healthcare-associated infections shall be appropriately risk-adjusted. (c) The annual report shall include an executive summary written in plain language that shall include without limitation: (1) A discussion of findings, conclusions, and trends concerning the overall status of healthcare-associated infections in the state, including a comparison to previous years; and (2) Policy recommendations of the department and the committee. (d) The annual report shall be made available to any person upon request. (e) No health facility report or department disclosure shall contain information identifying a patient, employee, or healthcare professional in connection with a specific infection incident. (f) No annual report or other department disclosure shall contain information that identifies or could be used to identify a specific health facility. (g) (1) As part of the process of preparing the annual report, effective safeguards to protect against the dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective health facility data shall be developed and implemented. (2) These safeguards may include the exclusion of certain data or data from health facilities with a low volume of patients or procedures if the use of the data would skew the results reported. (h) The department shall develop, with the assistance of the committee, a process of regular and confidential feedback for health facilities regarding the data collected so that each health facility's data will be available to that health facility for its quality improvement efforts. Acts 2007, No. 845, § 1.

(a) (1) (A) In consultation with the Advisory Committee on Healthcare Acquired Infections, the Department of Health shall submit annually a report summarizing the health facility quarterly reports required under this subchapter to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor. (B) No health-facility-identifiable data shall be included in the annual report, but aggregate statistical data may be included. (2) The department shall publish the annual report on the department's website. (3) The first annual report shall be submitted and published on or before January 1, 2010.

(1) (A) In consultation with the Advisory Committee on Healthcare Acquired Infections, the Department of Health shall submit annually a report summarizing the health facility quarterly reports required under this subchapter to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor. (B) No health-facility-identifiable data shall be included in the annual report, but aggregate statistical data may be included.

(A) In consultation with the Advisory Committee on Healthcare Acquired Infections, the Department of Health shall submit annually a report summarizing the health facility quarterly reports required under this subchapter to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.

(B) No health-facility-identifiable data shall be included in the annual report, but aggregate statistical data may be included.

(2) The department shall publish the annual report on the department's website.

(3) The first annual report shall be submitted and published on or before January 1, 2010.

(b) The annual report prepared by the department under this subchapter regarding healthcare-associated infections shall be appropriately risk-adjusted.

(c) The annual report shall include an executive summary written in plain language that shall include without limitation: (1) A discussion of findings, conclusions, and trends concerning the overall status of healthcare-associated infections in the state, including a comparison to previous years; and (2) Policy recommendations of the department and the committee.

(1) A discussion of findings, conclusions, and trends concerning the overall status of healthcare-associated infections in the state, including a comparison to previous years; and

(2) Policy recommendations of the department and the committee.

(d) The annual report shall be made available to any person upon request.

(e) No health facility report or department disclosure shall contain information identifying a patient, employee, or healthcare professional in connection with a specific infection incident.

(f) No annual report or other department disclosure shall contain information that identifies or could be used to identify a specific health facility.

(g) (1) As part of the process of preparing the annual report, effective safeguards to protect against the dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective health facility data shall be developed and implemented. (2) These safeguards may include the exclusion of certain data or data from health facilities with a low volume of patients or procedures if the use of the data would skew the results reported.

(1) As part of the process of preparing the annual report, effective safeguards to protect against the dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective health facility data shall be developed and implemented.

(2) These safeguards may include the exclusion of certain data or data from health facilities with a low volume of patients or procedures if the use of the data would skew the results reported.

(h) The department shall develop, with the assistance of the committee, a process of regular and confidential feedback for health facilities regarding the data collected so that each health facility's data will be available to that health facility for its quality improvement efforts.

Acts 2007, No. 845, § 1.
Ark. Code Ann. § 20-13-305 — AR Code / Title 20 / Chapter 13 / Subchapter 3 / Section 20-13-305
Financing
Status: in_force

(a) Emergency medical services to be provided the residents of any county or any designated area of the county pursuant to the provisions of this subchapter may be financed by service charges levied in the ordinance establishing the service. (b) (1) The service charges may be assessed and collected on a per capita, per household, or per unit of service basis or a combination of any of these, as may be determined by the quorum court, and shall be collected in such manner as may be prescribed by ordinance of the quorum court. (2) If the quorum court elects by ordinance to have the service charges entered on ad valorem tax notices and collected by the county collector at the time of collecting real and personal property taxes, the collector shall not accept payment of any ad valorem taxes unless the taxpayer at the same time pays any service charges billed to him or her to finance emergency medical services. (c) All funds derived from the levy of service charges to support the furnishing of emergency medical services in the county or designated area shall be used only for the purposes for which levied, and a separate account shall be maintained in the county treasury in which all funds shall be deposited. (d) (1) The funds shall be expended only on appropriation of the quorum court and shall be subject to the same accounting and disbursement procedures and requirements as other county funds. (2) A quorum court may expend the funds directly to an emergency medical services provider selected for the area without observing the accounting requirements of other county funds if: (A) The quorum court appropriates the funds for that purpose; (B) The voters of an emergency medical services district have approved the collection of service charges by placement of those fees on the ad valorem tax notices; and (C) The quorum court determines by resolution that the annual cost of providing emergency medical services to the district exceeds the annual amount collected as service charges by the placement of the service charges on the ad valorem tax notices. Amended by Act 2013, No. 970,§ 1, eff. 8/16/2013. Acts 1979, No. 51, § 4; 1980 (1st Ex. Sess.), No. 40, § 2; 1980 (1st Ex. Sess.), No. 68, § 2; A.S.A. 1947, § 82-3413.

(a) Emergency medical services to be provided the residents of any county or any designated area of the county pursuant to the provisions of this subchapter may be financed by service charges levied in the ordinance establishing the service.

(b) (1) The service charges may be assessed and collected on a per capita, per household, or per unit of service basis or a combination of any of these, as may be determined by the quorum court, and shall be collected in such manner as may be prescribed by ordinance of the quorum court. (2) If the quorum court elects by ordinance to have the service charges entered on ad valorem tax notices and collected by the county collector at the time of collecting real and personal property taxes, the collector shall not accept payment of any ad valorem taxes unless the taxpayer at the same time pays any service charges billed to him or her to finance emergency medical services.

(1) The service charges may be assessed and collected on a per capita, per household, or per unit of service basis or a combination of any of these, as may be determined by the quorum court, and shall be collected in such manner as may be prescribed by ordinance of the quorum court.

(2) If the quorum court elects by ordinance to have the service charges entered on ad valorem tax notices and collected by the county collector at the time of collecting real and personal property taxes, the collector shall not accept payment of any ad valorem taxes unless the taxpayer at the same time pays any service charges billed to him or her to finance emergency medical services.

(c) All funds derived from the levy of service charges to support the furnishing of emergency medical services in the county or designated area shall be used only for the purposes for which levied, and a separate account shall be maintained in the county treasury in which all funds shall be deposited.

(d) (1) The funds shall be expended only on appropriation of the quorum court and shall be subject to the same accounting and disbursement procedures and requirements as other county funds. (2) A quorum court may expend the funds directly to an emergency medical services provider selected for the area without observing the accounting requirements of other county funds if: (A) The quorum court appropriates the funds for that purpose; (B) The voters of an emergency medical services district have approved the collection of service charges by placement of those fees on the ad valorem tax notices; and (C) The quorum court determines by resolution that the annual cost of providing emergency medical services to the district exceeds the annual amount collected as service charges by the placement of the service charges on the ad valorem tax notices.

(1) The funds shall be expended only on appropriation of the quorum court and shall be subject to the same accounting and disbursement procedures and requirements as other county funds.

(2) A quorum court may expend the funds directly to an emergency medical services provider selected for the area without observing the accounting requirements of other county funds if: (A) The quorum court appropriates the funds for that purpose; (B) The voters of an emergency medical services district have approved the collection of service charges by placement of those fees on the ad valorem tax notices; and (C) The quorum court determines by resolution that the annual cost of providing emergency medical services to the district exceeds the annual amount collected as service charges by the placement of the service charges on the ad valorem tax notices.

(A) The quorum court appropriates the funds for that purpose;

(B) The voters of an emergency medical services district have approved the collection of service charges by placement of those fees on the ad valorem tax notices; and

(C) The quorum court determines by resolution that the annual cost of providing emergency medical services to the district exceeds the annual amount collected as service charges by the placement of the service charges on the ad valorem tax notices.

Amended by Act 2013, No. 970,§ 1, eff. 8/16/2013.

Acts 1979, No. 51, § 4; 1980 (1st Ex. Sess.), No. 40, § 2; 1980 (1st Ex. Sess.), No. 68, § 2; A.S.A. 1947, § 82-3413.
Ark. Code Ann. § 20-22-1015 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1015
Americans with Disabilities Act compliance
Status: in_force

When the Arkansas Fire Prevention Code conflicts with the 2010 Americans with Disabilities Act Standards for Accessible Design, the conflicting provisions of the 2010 Americans with Disabilities Act Standards for Accessible Design shall control. Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.

When the Arkansas Fire Prevention Code conflicts with the 2010 Americans with Disabilities Act Standards for Accessible Design, the conflicting provisions of the 2010 Americans with Disabilities Act Standards for Accessible Design shall control.

Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.
Ark. Code Ann. § 20-13-1403 — AR Code / Title 20 / Chapter 13 / Subchapter 14 / Section 20-13-1403
Emergency contraception information required
Status: in_force

(a) All healthcare facilities that are licensed in this state and provide emergency care to sexual assault survivors shall amend their evidence-collection protocols for the treatment of sexual assault survivors to include informing the survivor in a timely manner of the availability of emergency contraception as a means of pregnancy prophylaxis and educating the sexual assault survivor on the proper use of emergency contraception and the appropriate follow-up care. (b) This section does not require: (1) A healthcare professional who is employed by a healthcare facility that provides emergency care to a sexual assault survivor to inform the sexual assault survivor of the availability of emergency contraception if the healthcare professional refuses to provide the information on the basis of religious or moral beliefs; or (2) A healthcare facility to provide emergency contraception to a sexual assault survivor who is not at risk of becoming pregnant as a result of the sexual assault or who was already pregnant at the time of the sexual assault. (c) The General Assembly encourages each healthcare facility to provide training to emergency room staff concerning the efficacy of emergency contraception and the time-sensitive nature of the drug. (d) (1) Because emergency contraception is time-sensitive and a sexual assault survivor may seek information on or direct access to emergency contraception to prevent an unintended pregnancy resulting from the assault instead of or before seeking hospital treatment, it is critical that a sexual assault survivor has accurate information about the availability and use of emergency contraception. (2) Therefore, the General Assembly encourages: (A) An entity offering victim assistance or counseling and rape crisis hotlines to include information concerning the availability and use of emergency contraception; and (B) A licensed or registered pharmacy in the State of Arkansas to distribute information concerning the availability and use of emergency contraception. Acts 2007, No. 1576, § 1.

(a) All healthcare facilities that are licensed in this state and provide emergency care to sexual assault survivors shall amend their evidence-collection protocols for the treatment of sexual assault survivors to include informing the survivor in a timely manner of the availability of emergency contraception as a means of pregnancy prophylaxis and educating the sexual assault survivor on the proper use of emergency contraception and the appropriate follow-up care.

(b) This section does not require: (1) A healthcare professional who is employed by a healthcare facility that provides emergency care to a sexual assault survivor to inform the sexual assault survivor of the availability of emergency contraception if the healthcare professional refuses to provide the information on the basis of religious or moral beliefs; or (2) A healthcare facility to provide emergency contraception to a sexual assault survivor who is not at risk of becoming pregnant as a result of the sexual assault or who was already pregnant at the time of the sexual assault.

(1) A healthcare professional who is employed by a healthcare facility that provides emergency care to a sexual assault survivor to inform the sexual assault survivor of the availability of emergency contraception if the healthcare professional refuses to provide the information on the basis of religious or moral beliefs; or

(2) A healthcare facility to provide emergency contraception to a sexual assault survivor who is not at risk of becoming pregnant as a result of the sexual assault or who was already pregnant at the time of the sexual assault.

(c) The General Assembly encourages each healthcare facility to provide training to emergency room staff concerning the efficacy of emergency contraception and the time-sensitive nature of the drug.

(d) (1) Because emergency contraception is time-sensitive and a sexual assault survivor may seek information on or direct access to emergency contraception to prevent an unintended pregnancy resulting from the assault instead of or before seeking hospital treatment, it is critical that a sexual assault survivor has accurate information about the availability and use of emergency contraception. (2) Therefore, the General Assembly encourages: (A) An entity offering victim assistance or counseling and rape crisis hotlines to include information concerning the availability and use of emergency contraception; and (B) A licensed or registered pharmacy in the State of Arkansas to distribute information concerning the availability and use of emergency contraception.

(1) Because emergency contraception is time-sensitive and a sexual assault survivor may seek information on or direct access to emergency contraception to prevent an unintended pregnancy resulting from the assault instead of or before seeking hospital treatment, it is critical that a sexual assault survivor has accurate information about the availability and use of emergency contraception.

(2) Therefore, the General Assembly encourages: (A) An entity offering victim assistance or counseling and rape crisis hotlines to include information concerning the availability and use of emergency contraception; and (B) A licensed or registered pharmacy in the State of Arkansas to distribute information concerning the availability and use of emergency contraception.

(A) An entity offering victim assistance or counseling and rape crisis hotlines to include information concerning the availability and use of emergency contraception; and

(B) A licensed or registered pharmacy in the State of Arkansas to distribute information concerning the availability and use of emergency contraception.

Acts 2007, No. 1576, § 1.
Ark. Code Ann. § 20-19-507 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-507
Inspection
Status: in_force

The possessor of a large carnivore shall allow an official of the county sheriff's department, an animal control officer, an Arkansas State Game and Fish Commission game warden, or a law enforcement officer of the municipality or county where the large carnivore is kept to enter the premises to ensure compliance with this subchapter. Amended by Act 2023, No. 852,§ 6, eff. 8/1/2023. Acts 2005, No. 2226, § 1.

The possessor of a large carnivore shall allow an official of the county sheriff's department, an animal control officer, an Arkansas State Game and Fish Commission game warden, or a law enforcement officer of the municipality or county where the large carnivore is kept to enter the premises to ensure compliance with this subchapter.

Amended by Act 2023, No. 852,§ 6, eff. 8/1/2023.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-8-404 — AR Code / Title 20 / Chapter 8 / Subchapter 4 / Section 20-8-404
Rules
Status: in_force

The Division of Information Systems, Department of Finance and Administration, Department of Health, Department of Human Services, State Insurance Department, and all other appropriate departments, agencies, subcontractors, and officers shall promulgate rules to implement this subchapter. Amended by Act 2019, No. 910,§ 6118, eff. 7/1/2019. Acts 2003, No. 1035, § 4.

The Division of Information Systems, Department of Finance and Administration, Department of Health, Department of Human Services, State Insurance Department, and all other appropriate departments, agencies, subcontractors, and officers shall promulgate rules to implement this subchapter.

Amended by Act 2019, No. 910,§ 6118, eff. 7/1/2019.

Acts 2003, No. 1035, § 4.
Ark. Code Ann. § 20-16-2106 — AR Code / Title 20 / Chapter 16 / Subchapter 21 / Section 20-16-2106
Exclusion of liability for a woman who undergoes prohibited abortion
Status: in_force

(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation of this subchapter. (b) In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims. (c) (1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure. (2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure. Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.

(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation of this subchapter.

(b) In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims.

(c) (1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure. (2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure.

(1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure.

(2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure.

Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-64-202 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-202
Acts prohibited
Status: in_force

It shall be unlawful for any person to manufacture, purchase, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this subchapter. Acts 1937, No. 344, § 2; Pope's Dig., § 10127; Acts 1965, No. 409, § 2; A.S.A 1947, § 82-1002.

It shall be unlawful for any person to manufacture, purchase, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this subchapter.

Acts 1937, No. 344, § 2; Pope's Dig., § 10127; Acts 1965, No. 409, § 2; A.S.A 1947, § 82-1002.
Ark. Code Ann. § 20-10-227 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-227
Annual report
Status: in_force

The Department of Human Services shall make an annual report of its activities and operations under §§ 20-10-213 - 20-10-228 to the Governor and shall make such information available to the General Assembly as may be requested. Acts 1961, No. 414, § 24; A.S.A. 1947, § 82-350.

The Department of Human Services shall make an annual report of its activities and operations under §§ 20-10-213 - 20-10-228 to the Governor and shall make such information available to the General Assembly as may be requested.

Acts 1961, No. 414, § 24; A.S.A. 1947, § 82-350.
Ark. Code Ann. § 20-17-1101 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1101
Purpose of district
Status: in_force

The purpose of the district shall be the building and maintaining of a cemetery or cemeteries for the use and benefit of the property holders within the district, and it is realized that the cemetery would be a benefit to all the real property located in the district. Acts 1957, No. 318, § 1; A.S.A. 1947, § 20-1301.

The purpose of the district shall be the building and maintaining of a cemetery or cemeteries for the use and benefit of the property holders within the district, and it is realized that the cemetery would be a benefit to all the real property located in the district.

Acts 1957, No. 318, § 1; A.S.A. 1947, § 20-1301.
Ark. Code Ann. § 20-77-103 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-103
Compacts with certain out-of-state hospitals - Definition
Status: in_force

(a) The Governor is authorized to enter into compacts or agreements with one (1) or more public-supported hospitals located within a reasonable distance from the Arkansas border which are used as teaching hospitals for state-supported medical schools in adjoining states. Under the terms of these agreements, the public-supported teaching hospitals shall agree to furnish medical and hospital services for indigent citizens of this state where payment is not available through public welfare or other programs and, upon the payment for these services, from the appropriation provided for by law, of an amount required to reasonably reimburse the public-supported hospital for the costs of these services. (b) For the purposes of this section, a "public-supported hospital within a reasonable distance from the border of this state" means a public-supported hospital located within fifty (50) miles of the border of Arkansas. (c) In determining the amount of payments to be made to any public-supported hospital used as a teaching hospital as provided in subsections (a) and (b) of this section, the Governor shall determine the extent to which medical and hospital services have been received by Arkansas citizens during previous years. These payments shall be based upon reasonable estimates of the cost of providing medical services for the year in which payments are to be made. (d) Each agreement shall be for a fiscal year period but may be renewed, provided funds are appropriated for that purpose, upon mutual agreement of the Governor and the appropriate officials of the public-supported hospital in the other state. Acts 1969, No. 490, § 2; A.S.A. 1947, § 83-220.

(a) The Governor is authorized to enter into compacts or agreements with one (1) or more public-supported hospitals located within a reasonable distance from the Arkansas border which are used as teaching hospitals for state-supported medical schools in adjoining states. Under the terms of these agreements, the public-supported teaching hospitals shall agree to furnish medical and hospital services for indigent citizens of this state where payment is not available through public welfare or other programs and, upon the payment for these services, from the appropriation provided for by law, of an amount required to reasonably reimburse the public-supported hospital for the costs of these services.

(b) For the purposes of this section, a "public-supported hospital within a reasonable distance from the border of this state" means a public-supported hospital located within fifty (50) miles of the border of Arkansas.

(c) In determining the amount of payments to be made to any public-supported hospital used as a teaching hospital as provided in subsections (a) and (b) of this section, the Governor shall determine the extent to which medical and hospital services have been received by Arkansas citizens during previous years. These payments shall be based upon reasonable estimates of the cost of providing medical services for the year in which payments are to be made.

(d) Each agreement shall be for a fiscal year period but may be renewed, provided funds are appropriated for that purpose, upon mutual agreement of the Governor and the appropriate officials of the public-supported hospital in the other state.

Acts 1969, No. 490, § 2; A.S.A. 1947, § 83-220.
Ark. Code Ann. § 20-48-501 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-501
Liberal construction - Act supplemental
Status: in_force

(a) This subchapter shall be liberally construed. (b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. (c) Furthermore, this subchapter shall be construed as being supplementary to any existing purposes and powers authorized to be accomplished and performed by the Board of Developmental Disabilities Services and by the human development centers. Acts 1963, No. 186, § 11; A.S.A. 1947, § 59-1126.

(a) This subchapter shall be liberally construed.

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

(c) Furthermore, this subchapter shall be construed as being supplementary to any existing purposes and powers authorized to be accomplished and performed by the Board of Developmental Disabilities Services and by the human development centers.

Acts 1963, No. 186, § 11; A.S.A. 1947, § 59-1126.
Ark. Code Ann. § 20-64-216 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-216
Records confidential
Status: in_force

Prescriptions, orders, and records, required by this subchapter, and stocks of narcotic drugs, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to narcotic drugs. No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party. Acts 1937, No. 344, § 16; Pope's Dig., § 10141; A.S.A. 1947, § 82-1016.

Prescriptions, orders, and records, required by this subchapter, and stocks of narcotic drugs, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to narcotic drugs. No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.

Acts 1937, No. 344, § 16; Pope's Dig., § 10141; A.S.A. 1947, § 82-1016.
Ark. Code Ann. § 20-77-1205 — AR Code / Title 20 / Chapter 77 / Subchapter 12 / Section 20-77-1205
Funding
Status: in_force

(a) Funding for the low-income disabled working person category of Medicaid eligibility shall be derived from funds as may be provided by the General Assembly, premiums, cost sharing, and any federal matching funds available to the Medicaid Program for Low-Income Disabled Working Persons. (b) It is further the intent of this subchapter that funds appropriated by the General Assembly for the purpose of funding the low-income disabled working person category of Medicaid eligibility be used where appropriate and practicable to match federal funding sources to enhance the total available funding for the operation of the program. Acts 1999, No. 1197, § 5.

(a) Funding for the low-income disabled working person category of Medicaid eligibility shall be derived from funds as may be provided by the General Assembly, premiums, cost sharing, and any federal matching funds available to the Medicaid Program for Low-Income Disabled Working Persons.

(b) It is further the intent of this subchapter that funds appropriated by the General Assembly for the purpose of funding the low-income disabled working person category of Medicaid eligibility be used where appropriate and practicable to match federal funding sources to enhance the total available funding for the operation of the program.

Acts 1999, No. 1197, § 5.
Ark. Code Ann. § 20-10-105 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-105
Residential care facility - Ineligibility for reimbursement - Exclusions
Status: in_force

(a) Any facility that meets the definition of a residential care facility as defined by the Department of Human Services that has not been licensed or certified by the appropriate state agency or has not received a permit of approval from the Health Services Permit Agency shall not be eligible for any reimbursement from state revenues for any services that the facility offers. (b) This section does not apply to residential care facilities that have been exempted by law from the permit-of-approval process. Amended by Act 2021, No. 1017,§ 1, eff. 7/28/2021. Acts 1991, No. 1085, § 25; 1991, No. 922, § 16; 2001, No. 1800, § 15; 2005, No. 2191, § 3.

(a) Any facility that meets the definition of a residential care facility as defined by the Department of Human Services that has not been licensed or certified by the appropriate state agency or has not received a permit of approval from the Health Services Permit Agency shall not be eligible for any reimbursement from state revenues for any services that the facility offers.

(b) This section does not apply to residential care facilities that have been exempted by law from the permit-of-approval process.

Amended by Act 2021, No. 1017,§ 1, eff. 7/28/2021.

Acts 1991, No. 1085, § 25; 1991, No. 922, § 16; 2001, No. 1800, § 15; 2005, No. 2191, § 3.
Ark. Code Ann. § 20-76-420 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-420
Blind persons - Choice of eye care
Status: in_force

(a) No state official, employee of the Department of Human Services, or official or employee of any county office engaged directly or indirectly in the administration of this act shall preclude, or assist in precluding, any individual from obtaining services for which payment may be made under this act from any ophthalmologist or optometrist licensed to render such services in this state and actively engaged in the practice of their respective professions and shall not, under any circumstances, in informing a person requiring vision care, or for a correction of any vision or muscular anomaly, either directly or indirectly, refer that person to any particular ophthalmologist or optometrist but shall merely advise the person of the need for professional services. (b) Nothing in this act shall be construed as precluding any individual from obtaining services for which payment may be made under this act from any ophthalmologist or optometrist duly licensed to render the services in this state and actively engaged in the practice of their respective professions. Acts 1965 (2nd Ex. Sess.), No. 14, §§ 8, 9; A.S.A. 1947, §§ 83-128.4, 83-128.5.

(a) No state official, employee of the Department of Human Services, or official or employee of any county office engaged directly or indirectly in the administration of this act shall preclude, or assist in precluding, any individual from obtaining services for which payment may be made under this act from any ophthalmologist or optometrist licensed to render such services in this state and actively engaged in the practice of their respective professions and shall not, under any circumstances, in informing a person requiring vision care, or for a correction of any vision or muscular anomaly, either directly or indirectly, refer that person to any particular ophthalmologist or optometrist but shall merely advise the person of the need for professional services.

(b) Nothing in this act shall be construed as precluding any individual from obtaining services for which payment may be made under this act from any ophthalmologist or optometrist duly licensed to render the services in this state and actively engaged in the practice of their respective professions.

Acts 1965 (2nd Ex. Sess.), No. 14, §§ 8, 9; A.S.A. 1947, §§ 83-128.4, 83-128.5.
Ark. Code Ann. § 20-18-103 — AR Code / Title 20 / Chapter 18 / Subchapter 1 / Section 20-18-103
Applicability
Status: in_force

The provisions of this chapter also apply to all certificates of birth, death, marriage, divorce, or annulment and to reports of fetal death and induced termination of pregnancy previously received by the Division of Vital Records of the Department of Health and in the custody of the Department of Health. Acts 1981, No. 120, § 28; A.S.A. 1947, § 82-528; Acts 1995, No. 1254, § 2.

The provisions of this chapter also apply to all certificates of birth, death, marriage, divorce, or annulment and to reports of fetal death and induced termination of pregnancy previously received by the Division of Vital Records of the Department of Health and in the custody of the Department of Health.

Acts 1981, No. 120, § 28; A.S.A. 1947, § 82-528; Acts 1995, No. 1254, § 2.
Ark. Code Ann. § 20-81-113 — AR Code / Title 20 / Chapter 81 / Section 20-81-113
Uniform data collection system
Status: in_force

(a) The Department of Veterans Affairs may establish a uniform data collection system to locate veterans and military families to determine need and direct appropriate services to veterans and military families in this state. (b) (1) All instrumentalities of state government shall: (A) Cooperate with the department to implement the system; (B) Supply the information requested by the department to implement the system; and (C) Ask each applicant for, and recipient of, government services if he or she has ever served in the United States Armed Forces. (2) If an applicant for, or a recipient of, government services states that he or she has served in the United States Armed Forces, the instrumentality of state government shall: (A) Attempt to collect all information requested by the department to be collected; and (B) Provide the information obtained to the department. (c) The department shall promulgate rules to implement this section. Added by Act 2017, No. 807,§ 1, eff. 8/1/2017.

(a) The Department of Veterans Affairs may establish a uniform data collection system to locate veterans and military families to determine need and direct appropriate services to veterans and military families in this state.

(b) (1) All instrumentalities of state government shall: (A) Cooperate with the department to implement the system; (B) Supply the information requested by the department to implement the system; and (C) Ask each applicant for, and recipient of, government services if he or she has ever served in the United States Armed Forces. (2) If an applicant for, or a recipient of, government services states that he or she has served in the United States Armed Forces, the instrumentality of state government shall: (A) Attempt to collect all information requested by the department to be collected; and (B) Provide the information obtained to the department.

(1) All instrumentalities of state government shall: (A) Cooperate with the department to implement the system; (B) Supply the information requested by the department to implement the system; and (C) Ask each applicant for, and recipient of, government services if he or she has ever served in the United States Armed Forces.

(A) Cooperate with the department to implement the system;

(B) Supply the information requested by the department to implement the system; and

(C) Ask each applicant for, and recipient of, government services if he or she has ever served in the United States Armed Forces.

(2) If an applicant for, or a recipient of, government services states that he or she has served in the United States Armed Forces, the instrumentality of state government shall: (A) Attempt to collect all information requested by the department to be collected; and (B) Provide the information obtained to the department.

(A) Attempt to collect all information requested by the department to be collected; and

(B) Provide the information obtained to the department.

(c) The department shall promulgate rules to implement this section.

Added by Act 2017, No. 807,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-9-1503 — AR Code / Title 20 / Chapter 9 / Subchapter 15 / Section 20-9-1503
Prohibition on use of public funds for gender transition procedures
Status: in_force

(a) Public funds shall not be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual that provides gender transition procedures to an individual under eighteen (18) years of age. (b) Healthcare services furnished in the following situations shall not include gender transition procedures to an individual under eighteen (18) years of age: (1) By or in a healthcare facility owned by the state or a county or local government; or (2) By a physician or other healthcare professional employed by state or a county or local government. (c) Any amount paid by an individual or an entity during a taxable year for provision of gender transition procedures or as premiums for healthcare coverage that includes coverage for gender transition procedures is not tax-deductible. (d) The Arkansas Medicaid Program shall not reimburse or provide coverage for gender transition procedures to an individual under eighteen (18) years of age. Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.

(a) Public funds shall not be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual that provides gender transition procedures to an individual under eighteen (18) years of age.

(b) Healthcare services furnished in the following situations shall not include gender transition procedures to an individual under eighteen (18) years of age: (1) By or in a healthcare facility owned by the state or a county or local government; or (2) By a physician or other healthcare professional employed by state or a county or local government.

(1) By or in a healthcare facility owned by the state or a county or local government; or

(2) By a physician or other healthcare professional employed by state or a county or local government.

(c) Any amount paid by an individual or an entity during a taxable year for provision of gender transition procedures or as premiums for healthcare coverage that includes coverage for gender transition procedures is not tax-deductible.

(d) The Arkansas Medicaid Program shall not reimburse or provide coverage for gender transition procedures to an individual under eighteen (18) years of age.

Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-10-1304 — AR Code / Title 20 / Chapter 10 / Subchapter 13 / Section 20-10-1304
Implementation
Status: in_force

(a) (1) (A) The State Board of Health may promulgate rules to provide for the immunization against the influenza virus and pneumococcal disease as provided for in this subchapter. (B) The Department of Human Services shall be granted authority to enforce the rules. (2) The board may also promulgate rules to provide for the immunization of other individuals and require other institutions and facilities to provide the immunizations provided for in this subchapter. (b) Each nursing home facility in this state shall: (1) Obtain consent from residents or their legal guardians upon admission to participate in all immunization programs that are conducted within the facility while that person is a resident of that facility, and not in violation of the resident's right to refuse treatment; (2) As a condition of his or her employment, require each employee to participate in immunization programs conducted while he or she is employed at the facility, unless the employee meets the qualifications for exemptions as listed in § 20-10-1305 ; and (3) Document and report annually immunizations against: (A) Influenza virus for residents and full-time and part-time employees; and (B) Pneumococcal disease for residents. (c) Any nursing home facility which violates this subchapter shall be subject to suspension and revocation of its license. (d) (1) As provided in this subchapter, the Department of Health shall provide vaccines, supplies, and staff necessary for the immunizations of nursing home residents and employees that lack coverage for immunizations through Medicare, Medicaid, or other health insurance. (2) However, during the outbreak of a pandemic disease, the Department of Health may enforce vaccine priorities necessary to limit the loss of life among citizens and to contain the spread of the disease. Amended by Act 2021, No. 1017,§ 14, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1899, eff. 7/24/2019. Amended by Act 2015, No. 1051,§ 1, eff. 7/22/2015. Acts 1999, No. 1524, § 4; 2007, No. 815, § 1.

(a) (1) (A) The State Board of Health may promulgate rules to provide for the immunization against the influenza virus and pneumococcal disease as provided for in this subchapter. (B) The Department of Human Services shall be granted authority to enforce the rules. (2) The board may also promulgate rules to provide for the immunization of other individuals and require other institutions and facilities to provide the immunizations provided for in this subchapter.

(1) (A) The State Board of Health may promulgate rules to provide for the immunization against the influenza virus and pneumococcal disease as provided for in this subchapter. (B) The Department of Human Services shall be granted authority to enforce the rules.

(A) The State Board of Health may promulgate rules to provide for the immunization against the influenza virus and pneumococcal disease as provided for in this subchapter.

(B) The Department of Human Services shall be granted authority to enforce the rules.

(2) The board may also promulgate rules to provide for the immunization of other individuals and require other institutions and facilities to provide the immunizations provided for in this subchapter.

(b) Each nursing home facility in this state shall: (1) Obtain consent from residents or their legal guardians upon admission to participate in all immunization programs that are conducted within the facility while that person is a resident of that facility, and not in violation of the resident's right to refuse treatment; (2) As a condition of his or her employment, require each employee to participate in immunization programs conducted while he or she is employed at the facility, unless the employee meets the qualifications for exemptions as listed in § 20-10-1305 ; and (3) Document and report annually immunizations against: (A) Influenza virus for residents and full-time and part-time employees; and (B) Pneumococcal disease for residents.

(1) Obtain consent from residents or their legal guardians upon admission to participate in all immunization programs that are conducted within the facility while that person is a resident of that facility, and not in violation of the resident's right to refuse treatment;

(2) As a condition of his or her employment, require each employee to participate in immunization programs conducted while he or she is employed at the facility, unless the employee meets the qualifications for exemptions as listed in § 20-10-1305 ; and

(3) Document and report annually immunizations against: (A) Influenza virus for residents and full-time and part-time employees; and (B) Pneumococcal disease for residents.

(A) Influenza virus for residents and full-time and part-time employees; and

(B) Pneumococcal disease for residents.

(c) Any nursing home facility which violates this subchapter shall be subject to suspension and revocation of its license.

(d) (1) As provided in this subchapter, the Department of Health shall provide vaccines, supplies, and staff necessary for the immunizations of nursing home residents and employees that lack coverage for immunizations through Medicare, Medicaid, or other health insurance. (2) However, during the outbreak of a pandemic disease, the Department of Health may enforce vaccine priorities necessary to limit the loss of life among citizens and to contain the spread of the disease.

(1) As provided in this subchapter, the Department of Health shall provide vaccines, supplies, and staff necessary for the immunizations of nursing home residents and employees that lack coverage for immunizations through Medicare, Medicaid, or other health insurance.

(2) However, during the outbreak of a pandemic disease, the Department of Health may enforce vaccine priorities necessary to limit the loss of life among citizens and to contain the spread of the disease.

Amended by Act 2021, No. 1017,§ 14, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1899, eff. 7/24/2019.

Amended by Act 2015, No. 1051,§ 1, eff. 7/22/2015.

Acts 1999, No. 1524, § 4; 2007, No. 815, § 1.
Ark. Code Ann. § 20-13-815 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-815
Contracts with quality improvement organizations
Status: in_force

(a) An entity that meets the preliminary criteria for a quality improvement organization under the rules of the State Board of Health may contract with the Department of Health to develop, promulgate, and measure trauma quality measures for entities providing care for the trauma system under this subchapter. (b) This contract may be awarded to entities that: (1) Meet the preliminary criteria for a quality improvement organization as determined by the Department of Health; and (2) Demonstrate the capability of providing to the trauma system, trauma centers, and other trauma care providers: (A) The development of quality measures; (B) The implementation of educational programs to trauma care providers related to quality measures and to improve the quality of care; and (C) The gathering of data that can be used to measure the quality of care, outcomes, and utilization of resources. Acts 2009, No. 393, § 1.

(a) An entity that meets the preliminary criteria for a quality improvement organization under the rules of the State Board of Health may contract with the Department of Health to develop, promulgate, and measure trauma quality measures for entities providing care for the trauma system under this subchapter.

(b) This contract may be awarded to entities that: (1) Meet the preliminary criteria for a quality improvement organization as determined by the Department of Health; and (2) Demonstrate the capability of providing to the trauma system, trauma centers, and other trauma care providers: (A) The development of quality measures; (B) The implementation of educational programs to trauma care providers related to quality measures and to improve the quality of care; and (C) The gathering of data that can be used to measure the quality of care, outcomes, and utilization of resources.

(1) Meet the preliminary criteria for a quality improvement organization as determined by the Department of Health; and

(2) Demonstrate the capability of providing to the trauma system, trauma centers, and other trauma care providers: (A) The development of quality measures; (B) The implementation of educational programs to trauma care providers related to quality measures and to improve the quality of care; and (C) The gathering of data that can be used to measure the quality of care, outcomes, and utilization of resources.

(A) The development of quality measures;

(B) The implementation of educational programs to trauma care providers related to quality measures and to improve the quality of care; and

(C) The gathering of data that can be used to measure the quality of care, outcomes, and utilization of resources.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-20-218 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-218
Reports of accidents or incidents - Claims
Status: in_force

(a) The State Plant Board may by rule require the reporting of significant pesticide accidents or incidents to a designated state agency. (b) (1) Any person claiming damages from a pesticide application shall have filed with the board on a form prescribed by the board a written statement claiming that he or she has been damaged. This report shall have been filed within forty-five (45) days after the date that damages occurred. If a growing crop is alleged to have been damaged, the report shall be filed before the time that twenty-five percent (25%) of the crop has been harvested. (2) The statement shall contain, but shall not be limited to, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred. (3) The board shall prepare a form to be furnished to persons to be used in these cases. The form shall contain any other requirements as the board may deem proper. (4) Upon receipt of the statement, the board shall notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed and furnish copies of the statements as may be requested. (5) The board shall inspect damages whenever possible, and when it determines that the complaint has sufficient merit, it shall make this information available to the person claiming damage and to the person who is alleged to have caused the damage. (c) The filing of a report or the failure to file a report need not be alleged in any complaint which might be filed in a court of law. The failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action, nor shall the failure to file a report be a violation of this subchapter. (d) Where damage is alleged to have occurred, the claimant shall permit the board, the licensee, and his or her representatives, such as his or her insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that the damage may be examined. Failure of the claimant to permit observation and examination of the damaged lands shall automatically bar the claim against the licensee. Amended by Act 2019, No. 315,§ 1996, eff. 7/24/2019. Acts 1975, No. 389, § 14; A.S.A. 1947, § 77-264.

(a) The State Plant Board may by rule require the reporting of significant pesticide accidents or incidents to a designated state agency.

(b) (1) Any person claiming damages from a pesticide application shall have filed with the board on a form prescribed by the board a written statement claiming that he or she has been damaged. This report shall have been filed within forty-five (45) days after the date that damages occurred. If a growing crop is alleged to have been damaged, the report shall be filed before the time that twenty-five percent (25%) of the crop has been harvested. (2) The statement shall contain, but shall not be limited to, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred. (3) The board shall prepare a form to be furnished to persons to be used in these cases. The form shall contain any other requirements as the board may deem proper. (4) Upon receipt of the statement, the board shall notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed and furnish copies of the statements as may be requested. (5) The board shall inspect damages whenever possible, and when it determines that the complaint has sufficient merit, it shall make this information available to the person claiming damage and to the person who is alleged to have caused the damage.

(1) Any person claiming damages from a pesticide application shall have filed with the board on a form prescribed by the board a written statement claiming that he or she has been damaged. This report shall have been filed within forty-five (45) days after the date that damages occurred. If a growing crop is alleged to have been damaged, the report shall be filed before the time that twenty-five percent (25%) of the crop has been harvested.

(2) The statement shall contain, but shall not be limited to, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred.

(3) The board shall prepare a form to be furnished to persons to be used in these cases. The form shall contain any other requirements as the board may deem proper.

(4) Upon receipt of the statement, the board shall notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed and furnish copies of the statements as may be requested.

(5) The board shall inspect damages whenever possible, and when it determines that the complaint has sufficient merit, it shall make this information available to the person claiming damage and to the person who is alleged to have caused the damage.

(c) The filing of a report or the failure to file a report need not be alleged in any complaint which might be filed in a court of law. The failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action, nor shall the failure to file a report be a violation of this subchapter.

(d) Where damage is alleged to have occurred, the claimant shall permit the board, the licensee, and his or her representatives, such as his or her insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that the damage may be examined. Failure of the claimant to permit observation and examination of the damaged lands shall automatically bar the claim against the licensee.

Amended by Act 2019, No. 315,§ 1996, eff. 7/24/2019.

Acts 1975, No. 389, § 14; A.S.A. 1947, § 77-264.
Ark. Code Ann. § 20-64-506 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-506
Wholesale distributors - Shipment to certain licensed professionals
Status: in_force

(a) All wholesale distributors must, before shipping to a recipient in this state any prescription drug as defined in this subchapter, ascertain that the person to whom shipment is made is either a physician licensed by the Arkansas State Medical Board, a licensed doctor of dentistry, a licensed doctor of veterinary medicine, a licensed doctor of podiatric medicine, a hospital licensed by the State Board of Health, a licensed wholesale distributor as defined in this subchapter, a pharmacy licensed by the Arkansas State Board of Pharmacy, or other entity authorized by law to purchase or possess prescription drugs. (b) No wholesale distributor shall ship any prescription drug to any person after receiving written notice from the Arkansas State Board of Pharmacy that the person no longer holds a registered pharmacy permit or is not a licensed physician, dentist, veterinarian, or hospital. Acts 1969, No. 173, § 2; 1979, No. 751, § 4; 1981, No. 257, § 2; A.S.A. 1947, § 82-2114; Acts 1991, No. 739, § 5.

(a) All wholesale distributors must, before shipping to a recipient in this state any prescription drug as defined in this subchapter, ascertain that the person to whom shipment is made is either a physician licensed by the Arkansas State Medical Board, a licensed doctor of dentistry, a licensed doctor of veterinary medicine, a licensed doctor of podiatric medicine, a hospital licensed by the State Board of Health, a licensed wholesale distributor as defined in this subchapter, a pharmacy licensed by the Arkansas State Board of Pharmacy, or other entity authorized by law to purchase or possess prescription drugs.

(b) No wholesale distributor shall ship any prescription drug to any person after receiving written notice from the Arkansas State Board of Pharmacy that the person no longer holds a registered pharmacy permit or is not a licensed physician, dentist, veterinarian, or hospital.

Acts 1969, No. 173, § 2; 1979, No. 751, § 4; 1981, No. 257, § 2; A.S.A. 1947, § 82-2114; Acts 1991, No. 739, § 5.
Ark. Code Ann. § 20-17-1308 — AR Code / Title 20 / Chapter 17 / Subchapter 13 / Section 20-17-1308
Use of grant awards
Status: in_force

A grant award under this subchapter shall be used by an eligible organization exclusively for the care and improvement of the driveways, buildings, and grounds of a perpetual care cemetery that is insolvent or in financial distress. Amended by Act 2015, No. 990,§ 4, eff. 7/22/2015. Acts 2009, No. 429, § 3.

A grant award under this subchapter shall be used by an eligible organization exclusively for the care and improvement of the driveways, buildings, and grounds of a perpetual care cemetery that is insolvent or in financial distress.

Amended by Act 2015, No. 990,§ 4, eff. 7/22/2015.

Acts 2009, No. 429, § 3.
Ark. Code Ann. § 20-16-214 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-214
No actionable right, presumptions, or findings created
Status: in_force

(a) Persons other than the state or Arkansas Reproductive Health Monitoring System shall not acquire any actionable right by virtue of this subchapter. (b) A determination by the system that a source is suspected of causing adverse reproductive health outcomes shall not create by reason thereof any presumption of law or finding of a fact which shall inure to, or be for, the benefit of any person other than the state. Acts 1985, No. 214, § 12; A.S.A. 1947, § 82-4619.

(a) Persons other than the state or Arkansas Reproductive Health Monitoring System shall not acquire any actionable right by virtue of this subchapter.

(b) A determination by the system that a source is suspected of causing adverse reproductive health outcomes shall not create by reason thereof any presumption of law or finding of a fact which shall inure to, or be for, the benefit of any person other than the state.

Acts 1985, No. 214, § 12; A.S.A. 1947, § 82-4619.
Ark. Code Ann. § 20-10-1410 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1410
Cosmetology and barbering services
Status: in_force

(a) (1) Cosmetology and barbering services provided to residents of nursing facilities and for which a fee is charged that is separate from and additional to monthly facility charges shall be provided only by a licensed cosmetologist or registered barber, respectively. (2) (A) Routine personal hygiene and related daily care services that are provided to residents of nursing facilities and for which the fee is included in the monthly facility charges may be provided by direct-care staff who are trained, licensed, and certified through various state and federal regulatory agencies. (B) With the exception of shampoos, conditioners, soaps, antiseptics, or similar items, routine personal hygiene and related daily care services shall not include the use of chemical or cosmetic preparations such as those used in permanent waving, bleaching, tinting, coloring, and dyeing. (b) (1) A direct-care staff member shall not be required to hold a license as a cosmetologist or barber in order to provide routine personal hygiene and related daily care services. (2) Nursing facilities shall be exempt from the licensure requirements for cosmetological establishments under § 17-26-401 et seq. (3) A relative of a resident of a nursing facility providing cosmetological services to a related resident of a nursing facility shall be exempt from the following: (A) The licensure requirements for cosmetologists under § 17-26-303 ; and (B) The registration requirements for barbers under § 17-20-301 et seq. Acts 2003, No. 680, § 1.

(a) (1) Cosmetology and barbering services provided to residents of nursing facilities and for which a fee is charged that is separate from and additional to monthly facility charges shall be provided only by a licensed cosmetologist or registered barber, respectively. (2) (A) Routine personal hygiene and related daily care services that are provided to residents of nursing facilities and for which the fee is included in the monthly facility charges may be provided by direct-care staff who are trained, licensed, and certified through various state and federal regulatory agencies. (B) With the exception of shampoos, conditioners, soaps, antiseptics, or similar items, routine personal hygiene and related daily care services shall not include the use of chemical or cosmetic preparations such as those used in permanent waving, bleaching, tinting, coloring, and dyeing.

(1) Cosmetology and barbering services provided to residents of nursing facilities and for which a fee is charged that is separate from and additional to monthly facility charges shall be provided only by a licensed cosmetologist or registered barber, respectively.

(2) (A) Routine personal hygiene and related daily care services that are provided to residents of nursing facilities and for which the fee is included in the monthly facility charges may be provided by direct-care staff who are trained, licensed, and certified through various state and federal regulatory agencies. (B) With the exception of shampoos, conditioners, soaps, antiseptics, or similar items, routine personal hygiene and related daily care services shall not include the use of chemical or cosmetic preparations such as those used in permanent waving, bleaching, tinting, coloring, and dyeing.

(A) Routine personal hygiene and related daily care services that are provided to residents of nursing facilities and for which the fee is included in the monthly facility charges may be provided by direct-care staff who are trained, licensed, and certified through various state and federal regulatory agencies.

(B) With the exception of shampoos, conditioners, soaps, antiseptics, or similar items, routine personal hygiene and related daily care services shall not include the use of chemical or cosmetic preparations such as those used in permanent waving, bleaching, tinting, coloring, and dyeing.

(b) (1) A direct-care staff member shall not be required to hold a license as a cosmetologist or barber in order to provide routine personal hygiene and related daily care services. (2) Nursing facilities shall be exempt from the licensure requirements for cosmetological establishments under § 17-26-401 et seq. (3) A relative of a resident of a nursing facility providing cosmetological services to a related resident of a nursing facility shall be exempt from the following: (A) The licensure requirements for cosmetologists under § 17-26-303 ; and (B) The registration requirements for barbers under § 17-20-301 et seq.

(1) A direct-care staff member shall not be required to hold a license as a cosmetologist or barber in order to provide routine personal hygiene and related daily care services.

(2) Nursing facilities shall be exempt from the licensure requirements for cosmetological establishments under § 17-26-401 et seq.

(3) A relative of a resident of a nursing facility providing cosmetological services to a related resident of a nursing facility shall be exempt from the following: (A) The licensure requirements for cosmetologists under § 17-26-303 ; and (B) The registration requirements for barbers under § 17-20-301 et seq.

(A) The licensure requirements for cosmetologists under § 17-26-303 ; and

(B) The registration requirements for barbers under § 17-20-301 et seq.

Acts 2003, No. 680, § 1.
Ark. Code Ann. § 20-12-402 — AR Code / Title 20 / Chapter 12 / Subchapter 4 / Section 20-12-402
Duties
Status: in_force

(a) It shall be the responsibility of the Department of Health to promulgate all rules for making application for the matching funds required by this subchapter. (b) It shall be further the responsibility of the department to review all applications and approve those that shall be eligible for moneys under the provisions of this subchapter and as may otherwise be provided by law. Amended by Act 2019, No. 315,§ 1913, eff. 7/24/2019. Acts 1989 (1st Ex. Sess.), No. 73, § 2.

(a) It shall be the responsibility of the Department of Health to promulgate all rules for making application for the matching funds required by this subchapter.

(b) It shall be further the responsibility of the department to review all applications and approve those that shall be eligible for moneys under the provisions of this subchapter and as may otherwise be provided by law.

Amended by Act 2019, No. 315,§ 1913, eff. 7/24/2019.

Acts 1989 (1st Ex. Sess.), No. 73, § 2.
Ark. Code Ann. § 20-24-116 — AR Code / Title 20 / Chapter 24 / Section 20-24-116
Operating permits
Status: in_force

(a) (1) Operating permits shall be issued by the Department of Labor and Licensing within the time limits specified in this section to the owner or lessee of every new or altered elevator, dumbwaiter, and escalator and of every existing elevator, dumbwaiter, and escalator when the inspection report indicates compliance with the applicable sections of this chapter. (2) No permits shall be issued if the fees required by § 20-24-117 have not been paid. (3) The limits shall be thirty (30) days for existing elevators, dumbwaiters, and escalators and seven (7) days for new and altered elevators, dumbwaiters, and escalators after the required date for filing the inspection report required by § 20-24-113(a) unless time is extended by the department. No elevator, dumbwaiter, or escalator shall be operated by the owner or lessee thereof after the dates specified in this section unless the operating permit has been issued. (4) (A) The annual fee to be charged for the operating permit issued under this chapter shall be as follows: 300 lbs. - 500 lbs. Special personnel elevators plus (i) Dumbwaiters ............... $30.00 annually (ii) Elevators and wheelchair lifts ............... 50.00 annually (iii) Escalators and moving walks ............... 85.00 annually (B) A twenty-percent penalty may be assessed when the fee is past due by thirty (30) days. (b) (1) The operating permit shall indicate the type of equipment for which it is issued and in the case of elevators shall state whether passenger or freight and shall also state the contract load and speed for the elevator, dumbwaiter, or escalator. (2) The permit shall be posted conspicuously in the car of the elevator and on or near the dumbwaiter or escalator. (3) The permit shall be extended by endorsement of the department or its authorized representative after each periodic inspection required by § 20-24-112(a)(3) and shall not be valid unless so endorsed. (c) (1) If the inspection report required by § 20-24-113 indicates failure of compliance with the applicable rules approved by the Elevator Safety Board under § 20-24-107 or with the detailed plans and specifications approved by the department or its authorized representative under § 20-24-115(d) and (e) , the department or its authorized representative shall give notice to the owner or lessee or the person filing plans and specifications of changes necessary for compliance with the rules. After the changes have been made, the department or its authorized representative shall issue an operating permit. (2) If the inspection report required by § 20-24-113 indicates that an elevator, dumbwaiter, or escalator is in an unsafe condition, so that its continued operation may be dangerous to the public safety, then the department or its authorized representative, at its discretion, may require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules of the board. (d) If the department or its authorized representative has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules adopted by the board under § 20-24-107 , it shall so notify the owner or lessee and shall give notice of a date for a hearing hereon to the owner or lessee. If after a hearing the department finds that the owner or lessee is not complying with the rules, it shall revoke the permit. (e) (1) Pursuant to rules of the board, the department may issue a temporary certificate of operation for a period not to exceed ninety (90) days for new installations. (2) The fee for a temporary certificate of operation shall be established by the board in an amount not to exceed one hundred dollars ($100). (f) An application for a variance shall be submitted to the department with the fee established by the board in an amount not to exceed one hundred dollars ($100). Amended by Act 2019, No. 315,§ 2077, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2076, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5480, eff. 7/1/2019. Acts 1963, No. 189, § 8; 1969, No. 337, § 3; 1977, No. 539, § 4; 1983, No. 284, § 2; A.S.A. 1947, § 82-1808; Acts 1993, No. 584, § 1; 2003, No. 360, §§ 2, 3.

(a) (1) Operating permits shall be issued by the Department of Labor and Licensing within the time limits specified in this section to the owner or lessee of every new or altered elevator, dumbwaiter, and escalator and of every existing elevator, dumbwaiter, and escalator when the inspection report indicates compliance with the applicable sections of this chapter. (2) No permits shall be issued if the fees required by § 20-24-117 have not been paid. (3) The limits shall be thirty (30) days for existing elevators, dumbwaiters, and escalators and seven (7) days for new and altered elevators, dumbwaiters, and escalators after the required date for filing the inspection report required by § 20-24-113(a) unless time is extended by the department. No elevator, dumbwaiter, or escalator shall be operated by the owner or lessee thereof after the dates specified in this section unless the operating permit has been issued. (4) (A) The annual fee to be charged for the operating permit issued under this chapter shall be as follows: 300 lbs. - 500 lbs. Special personnel elevators plus (i) Dumbwaiters ............... $30.00 annually (ii) Elevators and wheelchair lifts ............... 50.00 annually (iii) Escalators and moving walks ............... 85.00 annually (B) A twenty-percent penalty may be assessed when the fee is past due by thirty (30) days.

(1) Operating permits shall be issued by the Department of Labor and Licensing within the time limits specified in this section to the owner or lessee of every new or altered elevator, dumbwaiter, and escalator and of every existing elevator, dumbwaiter, and escalator when the inspection report indicates compliance with the applicable sections of this chapter.

(2) No permits shall be issued if the fees required by § 20-24-117 have not been paid.

(3) The limits shall be thirty (30) days for existing elevators, dumbwaiters, and escalators and seven (7) days for new and altered elevators, dumbwaiters, and escalators after the required date for filing the inspection report required by § 20-24-113(a) unless time is extended by the department. No elevator, dumbwaiter, or escalator shall be operated by the owner or lessee thereof after the dates specified in this section unless the operating permit has been issued.

(4) (A) The annual fee to be charged for the operating permit issued under this chapter shall be as follows: 300 lbs. - 500 lbs. Special personnel elevators plus (i) Dumbwaiters ............... $30.00 annually (ii) Elevators and wheelchair lifts ............... 50.00 annually (iii) Escalators and moving walks ............... 85.00 annually (B) A twenty-percent penalty may be assessed when the fee is past due by thirty (30) days.

(A) The annual fee to be charged for the operating permit issued under this chapter shall be as follows: 300 lbs. - 500 lbs. Special personnel elevators plus (i) Dumbwaiters ............... $30.00 annually (ii) Elevators and wheelchair lifts ............... 50.00 annually (iii) Escalators and moving walks ............... 85.00 annually

300 lbs. - 500 lbs. Special personnel elevators plus

(i) Dumbwaiters ............... $30.00 annually

(ii) Elevators and wheelchair lifts ............... 50.00 annually

(iii) Escalators and moving walks ............... 85.00 annually

(B) A twenty-percent penalty may be assessed when the fee is past due by thirty (30) days.

(b) (1) The operating permit shall indicate the type of equipment for which it is issued and in the case of elevators shall state whether passenger or freight and shall also state the contract load and speed for the elevator, dumbwaiter, or escalator. (2) The permit shall be posted conspicuously in the car of the elevator and on or near the dumbwaiter or escalator. (3) The permit shall be extended by endorsement of the department or its authorized representative after each periodic inspection required by § 20-24-112(a)(3) and shall not be valid unless so endorsed.

(1) The operating permit shall indicate the type of equipment for which it is issued and in the case of elevators shall state whether passenger or freight and shall also state the contract load and speed for the elevator, dumbwaiter, or escalator.

(2) The permit shall be posted conspicuously in the car of the elevator and on or near the dumbwaiter or escalator.

(3) The permit shall be extended by endorsement of the department or its authorized representative after each periodic inspection required by § 20-24-112(a)(3) and shall not be valid unless so endorsed.

(c) (1) If the inspection report required by § 20-24-113 indicates failure of compliance with the applicable rules approved by the Elevator Safety Board under § 20-24-107 or with the detailed plans and specifications approved by the department or its authorized representative under § 20-24-115(d) and (e) , the department or its authorized representative shall give notice to the owner or lessee or the person filing plans and specifications of changes necessary for compliance with the rules. After the changes have been made, the department or its authorized representative shall issue an operating permit. (2) If the inspection report required by § 20-24-113 indicates that an elevator, dumbwaiter, or escalator is in an unsafe condition, so that its continued operation may be dangerous to the public safety, then the department or its authorized representative, at its discretion, may require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules of the board.

(1) If the inspection report required by § 20-24-113 indicates failure of compliance with the applicable rules approved by the Elevator Safety Board under § 20-24-107 or with the detailed plans and specifications approved by the department or its authorized representative under § 20-24-115(d) and (e) , the department or its authorized representative shall give notice to the owner or lessee or the person filing plans and specifications of changes necessary for compliance with the rules. After the changes have been made, the department or its authorized representative shall issue an operating permit.

(2) If the inspection report required by § 20-24-113 indicates that an elevator, dumbwaiter, or escalator is in an unsafe condition, so that its continued operation may be dangerous to the public safety, then the department or its authorized representative, at its discretion, may require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules of the board.

(d) If the department or its authorized representative has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules adopted by the board under § 20-24-107 , it shall so notify the owner or lessee and shall give notice of a date for a hearing hereon to the owner or lessee. If after a hearing the department finds that the owner or lessee is not complying with the rules, it shall revoke the permit.

(e) (1) Pursuant to rules of the board, the department may issue a temporary certificate of operation for a period not to exceed ninety (90) days for new installations. (2) The fee for a temporary certificate of operation shall be established by the board in an amount not to exceed one hundred dollars ($100).

(1) Pursuant to rules of the board, the department may issue a temporary certificate of operation for a period not to exceed ninety (90) days for new installations.

(2) The fee for a temporary certificate of operation shall be established by the board in an amount not to exceed one hundred dollars ($100).

(f) An application for a variance shall be submitted to the department with the fee established by the board in an amount not to exceed one hundred dollars ($100).

Amended by Act 2019, No. 315,§ 2077, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2076, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5480, eff. 7/1/2019.

Acts 1963, No. 189, § 8; 1969, No. 337, § 3; 1977, No. 539, § 4; 1983, No. 284, § 2; A.S.A. 1947, § 82-1808; Acts 1993, No. 584, § 1; 2003, No. 360, §§ 2, 3.
Ark. Code Ann. § 20-57-504 — AR Code / Title 20 / Chapter 57 / Subchapter 5 / Section 20-57-504
Food freedom
Status: in_force

(a) Unless otherwise provided in this section, homemade food or drink products produced and sold in compliance with this subchapter are exempt from state licensure, certification, inspection, and packaging and labeling requirements. (b) A transaction under this subchapter shall: (1) (A) Be directly between the seller and the informed end consumer. (B) The seller of a homemade food or drink product may be the producer of the homemade food or drink product, an agent of the producer, or a third-party vendor, including a retail shop or grocery store; (2) Occur in Arkansas or in another state if the seller complies with all applicable federal laws; (3) Not involve the sale of meat, poultry, seafood, or time/temperature control for safety food products; (4) Be delivered by the producer, agent of the producer, third-party vendor, or third-party carrier to the informed end consumer; and (5) Satisfy the disclosure requirements in § 20-57-505 . Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.

(a) Unless otherwise provided in this section, homemade food or drink products produced and sold in compliance with this subchapter are exempt from state licensure, certification, inspection, and packaging and labeling requirements.

(b) A transaction under this subchapter shall: (1) (A) Be directly between the seller and the informed end consumer. (B) The seller of a homemade food or drink product may be the producer of the homemade food or drink product, an agent of the producer, or a third-party vendor, including a retail shop or grocery store; (2) Occur in Arkansas or in another state if the seller complies with all applicable federal laws; (3) Not involve the sale of meat, poultry, seafood, or time/temperature control for safety food products; (4) Be delivered by the producer, agent of the producer, third-party vendor, or third-party carrier to the informed end consumer; and (5) Satisfy the disclosure requirements in § 20-57-505 .

(1) (A) Be directly between the seller and the informed end consumer. (B) The seller of a homemade food or drink product may be the producer of the homemade food or drink product, an agent of the producer, or a third-party vendor, including a retail shop or grocery store;

(A) Be directly between the seller and the informed end consumer.

(B) The seller of a homemade food or drink product may be the producer of the homemade food or drink product, an agent of the producer, or a third-party vendor, including a retail shop or grocery store;

(2) Occur in Arkansas or in another state if the seller complies with all applicable federal laws;

(3) Not involve the sale of meat, poultry, seafood, or time/temperature control for safety food products;

(4) Be delivered by the producer, agent of the producer, third-party vendor, or third-party carrier to the informed end consumer; and

(5) Satisfy the disclosure requirements in § 20-57-505 .

Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-16-1205 — AR Code / Title 20 / Chapter 16 / Subchapter 12 / Section 20-16-1205
Civil liability
Status: in_force

(a) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus, may obtain appropriate relief in a civil action unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. (b) Relief under subsection (a) of this section shall include: (1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and (2) Statutory damages equal to three (3) times the cost of the partial-birth abortion. (c) Damages shall not be assessed against the female upon whom a partial-birth abortion is performed. Acts 2009, No. 196, § 1.

(a) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus, may obtain appropriate relief in a civil action unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

(b) Relief under subsection (a) of this section shall include: (1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and (2) Statutory damages equal to three (3) times the cost of the partial-birth abortion.

(1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and

(2) Statutory damages equal to three (3) times the cost of the partial-birth abortion.

(c) Damages shall not be assessed against the female upon whom a partial-birth abortion is performed.

Acts 2009, No. 196, § 1.
Ark. Code Ann. § 20-77-2602 — AR Code / Title 20 / Chapter 77 / Subchapter 26 / Section 20-77-2602
Definitions
Status: in_force

As used in this subchapter: (1) "Aftercare" means assistance that: (A) Is provided by a caregiver to a patient after the discharge of the eligible patient from a hospital; (B) Is related to the condition of the patient at the time of discharge; and (C) Does not require a professional license under Arkansas Code Title 17, Subtitle 3, or specialized training under § 20-77-2301 et seq. in order to perform the assistance; (2) "Caregiver" means an individual who: (A) Is eighteen (18) years of age or older; (B) Provides aftercare to an individual; and (C) Is identified by the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient under 45 C.F.R. § 164.510(b) , as it existed on January 1, 2015; (3) "Compensation" means money or another type of property of value received by an individual in exchange for the assistance or services without regard to the source of payment of the money or other type of property; (4) "Discharge" means the release of a patient from hospital care to the residence of the patient following an inpatient admission; (5) "Hospital" means a facility that is licensed by the Division of Health Facility Services under § 20-9-213 as either a surgery and general medical care hospital or a general hospital; (6) "Legal guardian" means an individual who is appointed by the court to make decisions about the health or medical care of a patient; (7) "Patient" means an individual who has been admitted to a hospital for inpatient care and who is eighteen (18) years of age or older; and (8) "Residence" means the dwelling that the patient considers to be the home of the patient, but does not include any rehabilitative facility, hospital, nursing home, assisted living facility, group home, or other healthcare facility licensed by the Division of Health Facility Services or the Office of Long-Term Care. Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Aftercare" means assistance that: (A) Is provided by a caregiver to a patient after the discharge of the eligible patient from a hospital; (B) Is related to the condition of the patient at the time of discharge; and (C) Does not require a professional license under Arkansas Code Title 17, Subtitle 3, or specialized training under § 20-77-2301 et seq. in order to perform the assistance;

(A) Is provided by a caregiver to a patient after the discharge of the eligible patient from a hospital;

(B) Is related to the condition of the patient at the time of discharge; and

(C) Does not require a professional license under Arkansas Code Title 17, Subtitle 3, or specialized training under § 20-77-2301 et seq. in order to perform the assistance;

(2) "Caregiver" means an individual who: (A) Is eighteen (18) years of age or older; (B) Provides aftercare to an individual; and (C) Is identified by the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient under 45 C.F.R. § 164.510(b) , as it existed on January 1, 2015;

(A) Is eighteen (18) years of age or older;

(B) Provides aftercare to an individual; and

(C) Is identified by the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient under 45 C.F.R. § 164.510(b) , as it existed on January 1, 2015;

(3) "Compensation" means money or another type of property of value received by an individual in exchange for the assistance or services without regard to the source of payment of the money or other type of property;

(4) "Discharge" means the release of a patient from hospital care to the residence of the patient following an inpatient admission;

(5) "Hospital" means a facility that is licensed by the Division of Health Facility Services under § 20-9-213 as either a surgery and general medical care hospital or a general hospital;

(6) "Legal guardian" means an individual who is appointed by the court to make decisions about the health or medical care of a patient;

(7) "Patient" means an individual who has been admitted to a hospital for inpatient care and who is eighteen (18) years of age or older; and

(8) "Residence" means the dwelling that the patient considers to be the home of the patient, but does not include any rehabilitative facility, hospital, nursing home, assisted living facility, group home, or other healthcare facility licensed by the Division of Health Facility Services or the Office of Long-Term Care.

Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-22-709 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-709
Labeling
Status: in_force

(a) No permissible articles of common fireworks defined in § 20-22-708 shall be sold, offered for sale, or possessed within the state, or used in the State of Arkansas, except as provided in § 20-22-702 , unless it shall be properly named to conform to the nomenclature of § 20-22-708 and unless it shall be certified as "common fireworks" on all shipping cases and by imprinting on the article or retail container "I.C.C. Class C Common Fireworks". The imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and by the general public. (b) Railway fusees are specifically excepted from this marking requirement. Acts 1961, No. 224, § 2; A.S.A. 1947, § 82-1702.

(a) No permissible articles of common fireworks defined in § 20-22-708 shall be sold, offered for sale, or possessed within the state, or used in the State of Arkansas, except as provided in § 20-22-702 , unless it shall be properly named to conform to the nomenclature of § 20-22-708 and unless it shall be certified as "common fireworks" on all shipping cases and by imprinting on the article or retail container "I.C.C. Class C Common Fireworks". The imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and by the general public.

(b) Railway fusees are specifically excepted from this marking requirement.

Acts 1961, No. 224, § 2; A.S.A. 1947, § 82-1702.
Ark. Code Ann. § 20-7-105 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-105
Proceedings
Status: in_force

(a) (1) The State Board of Health shall meet at least one (1) time every three (3) months. (2) Upon the call of the President of the State Board of Health or a majority of the members of the board, the board shall meet at such other times as may be necessary in the interest of public health. (b) (1) The board may adopt bylaws regulating the transaction of its business and provide within the bylaws for the appointment of committees to which the board may delegate authority and power for all duties committed to the board, but under the direction and subject to the control of the board. (2) The board may also adopt and use an official seal. (c) A majority of the members of the board shall constitute a quorum for the transaction of business and for the performance of such duties as the board may prescribe. Acts 1913, No. 96, §§ 3, 4; C. & M. Dig., §§ 5127, 5128; Acts 1929, No. 109, § 2; Pope's Dig., §§ 6390, 6399; A.S.A. 1947, §§ 82-107, 82-108; Acts 2005, No. 1954, § 5; 2007, No. 384, § 5.

(a) (1) The State Board of Health shall meet at least one (1) time every three (3) months. (2) Upon the call of the President of the State Board of Health or a majority of the members of the board, the board shall meet at such other times as may be necessary in the interest of public health.

(1) The State Board of Health shall meet at least one (1) time every three (3) months.

(2) Upon the call of the President of the State Board of Health or a majority of the members of the board, the board shall meet at such other times as may be necessary in the interest of public health.

(b) (1) The board may adopt bylaws regulating the transaction of its business and provide within the bylaws for the appointment of committees to which the board may delegate authority and power for all duties committed to the board, but under the direction and subject to the control of the board. (2) The board may also adopt and use an official seal.

(1) The board may adopt bylaws regulating the transaction of its business and provide within the bylaws for the appointment of committees to which the board may delegate authority and power for all duties committed to the board, but under the direction and subject to the control of the board.

(2) The board may also adopt and use an official seal.

(c) A majority of the members of the board shall constitute a quorum for the transaction of business and for the performance of such duties as the board may prescribe.

Acts 1913, No. 96, §§ 3, 4; C. & M. Dig., §§ 5127, 5128; Acts 1929, No. 109, § 2; Pope's Dig., §§ 6390, 6399; A.S.A. 1947, §§ 82-107, 82-108; Acts 2005, No. 1954, § 5; 2007, No. 384, § 5.