Ark. Code Ann. § 20-47-903 — AR Code / Title 20 / Chapter 47 / Subchapter 9 / Section 20-47-903
Certification - Moratorium
Status: in_force

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall: (1) Process a certification request for a site for rehabilitative services for persons with mental illness within ninety (90) calendar days of receiving all information that is necessary to review and process the certification request; and (2) Notify a prospective provider of rehabilitative services for persons with mental illness or an existing provider of rehabilitative services for persons with mental illness in writing of the certification determination and furnish a copy to the Division of Medical Services of the Department of Human Services. (b) (1) Certification of a site for rehabilitative services for persons with mental illness that was not certified as of October 31, 2008, shall be suspended unless: (A) The site had a pending application under review by the Division of Behavioral Health Services on October 31, 2008; (B) The site is a replacement site opened by an existing provider of rehabilitative services for persons with mental illness to provide continuity of rehabilitative services for persons with mental illness when the provider of rehabilitative services for persons with mental illness is terminating services at a currently certified and operating site; or (C) The site is an existing operation. (2) This moratorium shall remain in effect until January 1, 2018. (c) (1) If the Director of the Division of Aging, Adult, and Behavioral Health Services determines that the suspension is causing an undue hardship on a person with mental illness, the director may authorize a reasonable accommodation. (2) An undue hardship may exist if medically necessary services become unavailable due to the closure of a site for rehabilitative services for persons with mental illness or the ceasing of operations of a provider of rehabilitative services for persons with mental illness. (d) The suspension shall not prohibit an existing provider of rehabilitative services for persons with mental illness from delivering rehabilitative services for persons with mental illness in a public school. Added by Act 2017, No. 699,§ 1, eff. 8/1/2017.

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall: (1) Process a certification request for a site for rehabilitative services for persons with mental illness within ninety (90) calendar days of receiving all information that is necessary to review and process the certification request; and (2) Notify a prospective provider of rehabilitative services for persons with mental illness or an existing provider of rehabilitative services for persons with mental illness in writing of the certification determination and furnish a copy to the Division of Medical Services of the Department of Human Services.

(1) Process a certification request for a site for rehabilitative services for persons with mental illness within ninety (90) calendar days of receiving all information that is necessary to review and process the certification request; and

(2) Notify a prospective provider of rehabilitative services for persons with mental illness or an existing provider of rehabilitative services for persons with mental illness in writing of the certification determination and furnish a copy to the Division of Medical Services of the Department of Human Services.

(b) (1) Certification of a site for rehabilitative services for persons with mental illness that was not certified as of October 31, 2008, shall be suspended unless: (A) The site had a pending application under review by the Division of Behavioral Health Services on October 31, 2008; (B) The site is a replacement site opened by an existing provider of rehabilitative services for persons with mental illness to provide continuity of rehabilitative services for persons with mental illness when the provider of rehabilitative services for persons with mental illness is terminating services at a currently certified and operating site; or (C) The site is an existing operation. (2) This moratorium shall remain in effect until January 1, 2018.

(1) Certification of a site for rehabilitative services for persons with mental illness that was not certified as of October 31, 2008, shall be suspended unless: (A) The site had a pending application under review by the Division of Behavioral Health Services on October 31, 2008; (B) The site is a replacement site opened by an existing provider of rehabilitative services for persons with mental illness to provide continuity of rehabilitative services for persons with mental illness when the provider of rehabilitative services for persons with mental illness is terminating services at a currently certified and operating site; or (C) The site is an existing operation.

(A) The site had a pending application under review by the Division of Behavioral Health Services on October 31, 2008;

(B) The site is a replacement site opened by an existing provider of rehabilitative services for persons with mental illness to provide continuity of rehabilitative services for persons with mental illness when the provider of rehabilitative services for persons with mental illness is terminating services at a currently certified and operating site; or

(C) The site is an existing operation.

(2) This moratorium shall remain in effect until January 1, 2018.

(c) (1) If the Director of the Division of Aging, Adult, and Behavioral Health Services determines that the suspension is causing an undue hardship on a person with mental illness, the director may authorize a reasonable accommodation. (2) An undue hardship may exist if medically necessary services become unavailable due to the closure of a site for rehabilitative services for persons with mental illness or the ceasing of operations of a provider of rehabilitative services for persons with mental illness.

(1) If the Director of the Division of Aging, Adult, and Behavioral Health Services determines that the suspension is causing an undue hardship on a person with mental illness, the director may authorize a reasonable accommodation.

(2) An undue hardship may exist if medically necessary services become unavailable due to the closure of a site for rehabilitative services for persons with mental illness or the ceasing of operations of a provider of rehabilitative services for persons with mental illness.

(d) The suspension shall not prohibit an existing provider of rehabilitative services for persons with mental illness from delivering rehabilitative services for persons with mental illness in a public school.

Added by Act 2017, No. 699,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-86-108 — AR Code / Title 20 / Chapter 86 / Section 20-86-108
Penalty
Status: in_force

(a) (1) If the fiduciary organization receives evidence that moneys withdrawn from individual development accounts are withdrawn under false pretenses or are used for purposes other than for the approved purposes indicated at the time of the withdrawal, the fiduciary organization shall make arrangements with the financial institution to impose a penalty of loss of matches and may, at its discretion, close the individual development account. (2) All penalties collected by fiduciary organizations shall remain with the fiduciary organization to distribute as matching funds to other eligible individuals. (b) The fiduciary organization shall establish a grievance committee and a procedure to hear, review, and decide in writing any grievance made by an individual development account holder who disputes a decision of the fiduciary organization that a withdrawal is subject to penalty. (c) Each fiduciary organization shall establish such procedures as are necessary, including prohibiting eligibility for further matching funds, to ensure compliance with this section. Acts 1999, No. 1217, § 8.

(a) (1) If the fiduciary organization receives evidence that moneys withdrawn from individual development accounts are withdrawn under false pretenses or are used for purposes other than for the approved purposes indicated at the time of the withdrawal, the fiduciary organization shall make arrangements with the financial institution to impose a penalty of loss of matches and may, at its discretion, close the individual development account. (2) All penalties collected by fiduciary organizations shall remain with the fiduciary organization to distribute as matching funds to other eligible individuals.

(1) If the fiduciary organization receives evidence that moneys withdrawn from individual development accounts are withdrawn under false pretenses or are used for purposes other than for the approved purposes indicated at the time of the withdrawal, the fiduciary organization shall make arrangements with the financial institution to impose a penalty of loss of matches and may, at its discretion, close the individual development account.

(2) All penalties collected by fiduciary organizations shall remain with the fiduciary organization to distribute as matching funds to other eligible individuals.

(b) The fiduciary organization shall establish a grievance committee and a procedure to hear, review, and decide in writing any grievance made by an individual development account holder who disputes a decision of the fiduciary organization that a withdrawal is subject to penalty.

(c) Each fiduciary organization shall establish such procedures as are necessary, including prohibiting eligibility for further matching funds, to ensure compliance with this section.

Acts 1999, No. 1217, § 8.
Ark. Code Ann. § 20-46-306 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-306
Minimum standards - Purchasing procedures
Status: in_force

(a) The minimum standards prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for purchases by community mental health centers, so far as practicable, shall be comparable to the limits set for small purchases under the purchasing procedures established by the State Procurement Director and shall require competitive bidding for purchases exceeding those limits. (b) However, the purchasing standards established by the division shall not require competitive bids for contracts for professional services in the health, medical, legal, and accounting fields, but shall require the contract entered into by a center to be approved by the chief executive officer and the governing board of the center. (c) The standards promulgated by the department shall also require the center to maintain adequate documentation concerning procedures used and the justification for the awarding of the professional contracts. Amended by Act 2017, No. 913,§ 64, eff. 8/1/2017. Amended by Act 2013, No. 1132,§ 30, eff. 8/16/2013. Amended by Act 2013, No. 980,§ 9, eff. 8/16/2013. Acts 1985, No. 786, § 3; A.S.A. 1947, § 59-319.

(a) The minimum standards prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for purchases by community mental health centers, so far as practicable, shall be comparable to the limits set for small purchases under the purchasing procedures established by the State Procurement Director and shall require competitive bidding for purchases exceeding those limits.

(b) However, the purchasing standards established by the division shall not require competitive bids for contracts for professional services in the health, medical, legal, and accounting fields, but shall require the contract entered into by a center to be approved by the chief executive officer and the governing board of the center.

(c) The standards promulgated by the department shall also require the center to maintain adequate documentation concerning procedures used and the justification for the awarding of the professional contracts.

Amended by Act 2017, No. 913,§ 64, eff. 8/1/2017.

Amended by Act 2013, No. 1132,§ 30, eff. 8/16/2013.

Amended by Act 2013, No. 980,§ 9, eff. 8/16/2013.

Acts 1985, No. 786, § 3; A.S.A. 1947, § 59-319.
Ark. Code Ann. § 20-59-308 — AR Code / Title 20 / Chapter 59 / Subchapter 3 / Section 20-59-308
False or misleading advertising prohibited
Status: in_force

(a) The false and misleading advertising of mellorine is prohibited. (b) An advertisement of mellorine shall be deemed to be false and misleading if in the advertisement representations are made or suggested by statement, word, grade, designation, design, device, symbol, sound, or any combination thereof that mellorine is a dairy product. (c) However, nothing contained in this section shall prevent a truthful, accurate, and full statement in any advertisement of all the ingredients in mellorine. (d) The false and misleading advertising of mellorine in violation of subsections (a)-(c) of this section is prohibited. Acts 1953, No. 416, §§ 4, 6; A.S.A. 1947, §§ 82-918.3, 82-918.5.

(a) The false and misleading advertising of mellorine is prohibited.

(b) An advertisement of mellorine shall be deemed to be false and misleading if in the advertisement representations are made or suggested by statement, word, grade, designation, design, device, symbol, sound, or any combination thereof that mellorine is a dairy product.

(c) However, nothing contained in this section shall prevent a truthful, accurate, and full statement in any advertisement of all the ingredients in mellorine.

(d) The false and misleading advertising of mellorine in violation of subsections (a)-(c) of this section is prohibited.

Acts 1953, No. 416, §§ 4, 6; A.S.A. 1947, §§ 82-918.3, 82-918.5.
Ark. Code Ann. § 20-7-204 — AR Code / Title 20 / Chapter 7 / Subchapter 2 / Section 20-7-204
State Health Department Building and Local Grant Trust Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the "State Health Department Building and Local Grant Trust Fund". (b) The fund shall consist of such revenues as may be authorized by law, including a portion collected under § 20-7-129 and § 20-7-408(f) . (c) The Secretary of the Department of Health shall be the disbursing agent and executive officer for the fund. (d) The fund shall be a continuing fund, not subject to fiscal year limitations, and, except as provided in § 20-7-203(b) , shall only be used for expansion, renovation, construction, or improvements to the Department of Health building and for grants for construction, renovation, or other expansion of approved local health unit facilities in this state. (e) No money from the fund may be used for the acquisition, purchase, lease, or otherwise, of real property for any local health unit facility. Amended by Act 2019, No. 910,§ 4937, eff. 7/1/2019. Amended by Act 2017, No. 752,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 206,§ 3, eff. 8/1/2017. Acts 1989, No. 749, § 1; 1993, No. 350, § 3.

(a) There is established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the "State Health Department Building and Local Grant Trust Fund".

(b) The fund shall consist of such revenues as may be authorized by law, including a portion collected under § 20-7-129 and § 20-7-408(f) .

(c) The Secretary of the Department of Health shall be the disbursing agent and executive officer for the fund.

(d) The fund shall be a continuing fund, not subject to fiscal year limitations, and, except as provided in § 20-7-203(b) , shall only be used for expansion, renovation, construction, or improvements to the Department of Health building and for grants for construction, renovation, or other expansion of approved local health unit facilities in this state.

(e) No money from the fund may be used for the acquisition, purchase, lease, or otherwise, of real property for any local health unit facility.

Amended by Act 2019, No. 910,§ 4937, eff. 7/1/2019.

Amended by Act 2017, No. 752,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 206,§ 3, eff. 8/1/2017.

Acts 1989, No. 749, § 1; 1993, No. 350, § 3.
Ark. Code Ann. § 20-13-1110 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1110
Refusal of check as grounds for disqualification
Status: in_force

(a) If an applicant fails or refuses to cooperate in obtaining criminal history checks, such circumstances shall be grounds to deny or revoke the applicant's certification. (b) Any applicant failing to comply with this subchapter shall be denied certification or recertification until such time compliance is made with this subchapter. Acts 1999, No. 666, §§ 4, 7.

(a) If an applicant fails or refuses to cooperate in obtaining criminal history checks, such circumstances shall be grounds to deny or revoke the applicant's certification.

(b) Any applicant failing to comply with this subchapter shall be denied certification or recertification until such time compliance is made with this subchapter.

Acts 1999, No. 666, §§ 4, 7.
Ark. Code Ann. § 20-10-913 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-913
Automatic stay
Status: in_force

(a) No person or court of this state shall impede the operation of a receivership created under this subchapter. (b) For a sixty-day period subsequent to the appointment of a receiver, there shall be an automatic stay of any action that would interfere with the functioning of the facility, including, but not limited to, cancellation of insurance policies executed by the licensee, termination of utility services, executions, attachments or setoffs, and repossession of equipment used in the facility. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

(a) No person or court of this state shall impede the operation of a receivership created under this subchapter.

(b) For a sixty-day period subsequent to the appointment of a receiver, there shall be an automatic stay of any action that would interfere with the functioning of the facility, including, but not limited to, cancellation of insurance policies executed by the licensee, termination of utility services, executions, attachments or setoffs, and repossession of equipment used in the facility.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-80-412 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-412
Public school development
Status: in_force

(a) A donated parcel of land held by a community organization under this subchapter may be used for educational purposes by a public school district or open-enrollment public charter school if: (1) The donated parcel of land is in a census tract with a poverty rate higher than the average poverty rate in the State of Arkansas; (2) The community organization received the donated parcel of land from the Commissioner of State Lands at least three (3) years earlier; (3) An eligible person does not currently use the donated parcel of land for a homestead; and (4) The proposed activities or uses are not prohibited by any use restrictions that were placed on the property for the purpose of protecting: (A) Human health; or (B) The integrity of any remedial action measures implemented on the property to protect human health or the environment. (b) A community organization that receives a donated parcel of land may transfer the donated parcel of land to a recipient that shall use the donated parcel of land for development by a public school district or an open-enrollment public charter school. (c) Once a public school district or an open-enrollment public charter school begins to use a donated parcel of land under this section for educational purposes, the donated parcel of land shall be released from present and future obligations, restrictions, and reversions imposed on the use and development of the donated parcel of land, except as provided by subdivision (a)(4) of this section. (d) Taxes from previous tax years shall not apply to a donated parcel of land utilized by a public school district or an open-enrollment public charter school under this section. Added by Act 2021, No. 350,§ 2, eff. 3/15/2021.

(a) A donated parcel of land held by a community organization under this subchapter may be used for educational purposes by a public school district or open-enrollment public charter school if: (1) The donated parcel of land is in a census tract with a poverty rate higher than the average poverty rate in the State of Arkansas; (2) The community organization received the donated parcel of land from the Commissioner of State Lands at least three (3) years earlier; (3) An eligible person does not currently use the donated parcel of land for a homestead; and (4) The proposed activities or uses are not prohibited by any use restrictions that were placed on the property for the purpose of protecting: (A) Human health; or (B) The integrity of any remedial action measures implemented on the property to protect human health or the environment.

(1) The donated parcel of land is in a census tract with a poverty rate higher than the average poverty rate in the State of Arkansas;

(2) The community organization received the donated parcel of land from the Commissioner of State Lands at least three (3) years earlier;

(3) An eligible person does not currently use the donated parcel of land for a homestead; and

(4) The proposed activities or uses are not prohibited by any use restrictions that were placed on the property for the purpose of protecting: (A) Human health; or (B) The integrity of any remedial action measures implemented on the property to protect human health or the environment.

(A) Human health; or

(B) The integrity of any remedial action measures implemented on the property to protect human health or the environment.

(b) A community organization that receives a donated parcel of land may transfer the donated parcel of land to a recipient that shall use the donated parcel of land for development by a public school district or an open-enrollment public charter school.

(c) Once a public school district or an open-enrollment public charter school begins to use a donated parcel of land under this section for educational purposes, the donated parcel of land shall be released from present and future obligations, restrictions, and reversions imposed on the use and development of the donated parcel of land, except as provided by subdivision (a)(4) of this section.

(d) Taxes from previous tax years shall not apply to a donated parcel of land utilized by a public school district or an open-enrollment public charter school under this section.

Added by Act 2021, No. 350,§ 2, eff. 3/15/2021.
Ark. Code Ann. § 20-76-207 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-207
Political activity
Status: in_force

(a) (1) No officer or employee of the appropriate division of the Department of Human Services or of a county office shall use his or her official authority to influence or permit the use of the program administered by the division or the county offices for the purpose of interfering with an election or affecting the results thereof or for any political purpose. (2) No officer or employee shall devote his or her office hours, or efforts during office hours, towards any partisan political activity, nor shall any activity be conducted upon the premises of the employee or officer's agency, commission, or board. (3) Furthermore, no communication, vehicles, stationery, or other material property of the State of Arkansas shall be utilized for any partisan political activities by the officers or employees. (4) No officer or employee shall conduct himself or herself in such a manner during allowable political activity so as to reflect that his or her position is that of the State of Arkansas, or his or her agency, commission, or board. (b) (1) Except as noted otherwise in this section or as necessary to meet the requirements of federal law as pertains to employees, no restrictions shall be imposed upon the political freedoms of an officer or employee. (2) No officer or employee shall be deprived either of his or her right to vote or expression of opinion as a citizen on political subjects. (c) (1) No officer or employee shall solicit or receive directly or indirectly any political funds or contributions from other officers or employees of that agency; nor shall any officer or employee be obliged to contribute or render services, assistance, subscriptions, assessments, or contributions for any political purposes. (2) However, during nonduty hours and away from state premises, an officer or employee may communicate through the mails requests for political support from the public at large which may include officers and employees of the agency. (d) Any officer or employee of the division or of a county office violating this provision shall be subject to discharge or suspension or such other disciplinary measures as may be provided by the rules of the division. Amended by Act 2019, No. 315,§ 2241, eff. 7/24/2019. Acts 1939, No. 280, § 16; 1941, No. 274, § 5; 1979, No. 568, § 1; A.S.A. 1947, § 83-119.

(a) (1) No officer or employee of the appropriate division of the Department of Human Services or of a county office shall use his or her official authority to influence or permit the use of the program administered by the division or the county offices for the purpose of interfering with an election or affecting the results thereof or for any political purpose. (2) No officer or employee shall devote his or her office hours, or efforts during office hours, towards any partisan political activity, nor shall any activity be conducted upon the premises of the employee or officer's agency, commission, or board. (3) Furthermore, no communication, vehicles, stationery, or other material property of the State of Arkansas shall be utilized for any partisan political activities by the officers or employees. (4) No officer or employee shall conduct himself or herself in such a manner during allowable political activity so as to reflect that his or her position is that of the State of Arkansas, or his or her agency, commission, or board.

(1) No officer or employee of the appropriate division of the Department of Human Services or of a county office shall use his or her official authority to influence or permit the use of the program administered by the division or the county offices for the purpose of interfering with an election or affecting the results thereof or for any political purpose.

(2) No officer or employee shall devote his or her office hours, or efforts during office hours, towards any partisan political activity, nor shall any activity be conducted upon the premises of the employee or officer's agency, commission, or board.

(3) Furthermore, no communication, vehicles, stationery, or other material property of the State of Arkansas shall be utilized for any partisan political activities by the officers or employees.

(4) No officer or employee shall conduct himself or herself in such a manner during allowable political activity so as to reflect that his or her position is that of the State of Arkansas, or his or her agency, commission, or board.

(b) (1) Except as noted otherwise in this section or as necessary to meet the requirements of federal law as pertains to employees, no restrictions shall be imposed upon the political freedoms of an officer or employee. (2) No officer or employee shall be deprived either of his or her right to vote or expression of opinion as a citizen on political subjects.

(1) Except as noted otherwise in this section or as necessary to meet the requirements of federal law as pertains to employees, no restrictions shall be imposed upon the political freedoms of an officer or employee.

(2) No officer or employee shall be deprived either of his or her right to vote or expression of opinion as a citizen on political subjects.

(c) (1) No officer or employee shall solicit or receive directly or indirectly any political funds or contributions from other officers or employees of that agency; nor shall any officer or employee be obliged to contribute or render services, assistance, subscriptions, assessments, or contributions for any political purposes. (2) However, during nonduty hours and away from state premises, an officer or employee may communicate through the mails requests for political support from the public at large which may include officers and employees of the agency.

(1) No officer or employee shall solicit or receive directly or indirectly any political funds or contributions from other officers or employees of that agency; nor shall any officer or employee be obliged to contribute or render services, assistance, subscriptions, assessments, or contributions for any political purposes.

(2) However, during nonduty hours and away from state premises, an officer or employee may communicate through the mails requests for political support from the public at large which may include officers and employees of the agency.

(d) Any officer or employee of the division or of a county office violating this provision shall be subject to discharge or suspension or such other disciplinary measures as may be provided by the rules of the division.

Amended by Act 2019, No. 315,§ 2241, eff. 7/24/2019.

Acts 1939, No. 280, § 16; 1941, No. 274, § 5; 1979, No. 568, § 1; A.S.A. 1947, § 83-119.
Ark. Code Ann. § 20-22-1014 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1014
Temporary door barricade devices
Status: in_force

A person may install and use a temporary door barricade device or security lockdown device for security purposes to protect individuals during active shooter events or other similar situations. Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.

A person may install and use a temporary door barricade device or security lockdown device for security purposes to protect individuals during active shooter events or other similar situations.

Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.
Ark. Code Ann. § 20-7-120 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-120
No right to enter home or take charge of children
Status: in_force

(a) No official, agent, or representative of the Department of Health shall have any right under this section to enter any home over the objection of the owner of the home or to take charge of any child over the objection of either or both parents or of the person standing in loco parentis or having custody of the child. (b) Nothing in this section shall be construed as limiting the power of a parent or guardian or person standing in loco parentis to determine what treatment or correction shall be provided for a child or the agencies to be employed for these purposes. Acts 1923, No. 92, § 5; Pope's Dig., § 6453; A.S.A. 1947, § 82-129.

(a) No official, agent, or representative of the Department of Health shall have any right under this section to enter any home over the objection of the owner of the home or to take charge of any child over the objection of either or both parents or of the person standing in loco parentis or having custody of the child.

(b) Nothing in this section shall be construed as limiting the power of a parent or guardian or person standing in loco parentis to determine what treatment or correction shall be provided for a child or the agencies to be employed for these purposes.

Acts 1923, No. 92, § 5; Pope's Dig., § 6453; A.S.A. 1947, § 82-129.
Ark. Code Ann. § 20-7-107 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-107
Appointment of assistant director
Status: in_force

The Secretary of the Department of Health may appoint and employ an assistant director who shall be knowledgeable in the field of public health and whose duty it shall be to assist the secretary in the general supervision of the affairs of his or her office and in the enforcement of quarantine and sanitation throughout the state. Amended by Act 2019, No. 910,§ 4926, eff. 7/1/2019. Acts 1953, No. 282, § 1; 1979, No. 797, § 1; A.S.A. 1947, § 82-104.

The Secretary of the Department of Health may appoint and employ an assistant director who shall be knowledgeable in the field of public health and whose duty it shall be to assist the secretary in the general supervision of the affairs of his or her office and in the enforcement of quarantine and sanitation throughout the state.

Amended by Act 2019, No. 910,§ 4926, eff. 7/1/2019.

Acts 1953, No. 282, § 1; 1979, No. 797, § 1; A.S.A. 1947, § 82-104.
Ark. Code Ann. § 20-27-2507 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2507
Collection of fees
Status: in_force

The Department of Health shall collect fees, rates, tolls, or charges for the services delivered by the department in a manner the department deems necessary to support the activities under this subchapter. Acts 2011, No. 1011, § 6.

The Department of Health shall collect fees, rates, tolls, or charges for the services delivered by the department in a manner the department deems necessary to support the activities under this subchapter.

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-77-1404 — AR Code / Title 20 / Chapter 77 / Subchapter 14 / Section 20-77-1404
Prescription drug benefit Medicaid waiver
Status: in_force

The Department of Human Services may apply to the Centers for Medicare & Medicaid Services for a limited prescription drug benefit Medicaid waiver for persons who: (1) Are sixty-five (65) years of age or over; (2) Have no prescription drug coverage; and (3) Have incomes and resources at or below the income-qualified and resource-qualified Medicare beneficiary eligibility standards established by the department. Acts 2001, No. 1658, § 1.

The Department of Human Services may apply to the Centers for Medicare & Medicaid Services for a limited prescription drug benefit Medicaid waiver for persons who:

(1) Are sixty-five (65) years of age or over;

(2) Have no prescription drug coverage; and

(3) Have incomes and resources at or below the income-qualified and resource-qualified Medicare beneficiary eligibility standards established by the department.

Acts 2001, No. 1658, § 1.
Ark. Code Ann. § 20-17-218 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-218
Repeal
Status: in_force

The following acts and parts of acts are repealed: (1) Acts 1977, No. 879; and (2) All laws and parts of laws in conflict with this subchapter. Acts 1987, No. 713, § 18.

The following acts and parts of acts are repealed:

(1) Acts 1977, No. 879; and

(2) All laws and parts of laws in conflict with this subchapter.

Acts 1987, No. 713, § 18.
Ark. Code Ann. § 20-79-216 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-216
Use of Arkansas Rehabilitation Services information prohibited - Exception
Status: in_force

It shall be unlawful, except for purposes directly connected with the administration of Arkansas Rehabilitation Services and in accordance with rules, for any person to solicit, disclose, receive, or make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or name of, or any information concerning persons applying for or receiving rehabilitation, directly or indirectly derived from the records. Amended by Act 2019, No. 315,§ 2304, eff. 7/24/2019. Acts 1955, No. 43, § 16; 1959, No. 34, § 12; A.S.A. 1947, § 80-2555.

It shall be unlawful, except for purposes directly connected with the administration of Arkansas Rehabilitation Services and in accordance with rules, for any person to solicit, disclose, receive, or make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or name of, or any information concerning persons applying for or receiving rehabilitation, directly or indirectly derived from the records.

Amended by Act 2019, No. 315,§ 2304, eff. 7/24/2019.

Acts 1955, No. 43, § 16; 1959, No. 34, § 12; A.S.A. 1947, § 80-2555.
Ark. Code Ann. § 20-15-1803 — AR Code / Title 20 / Chapter 15 / Subchapter 18 / Section 20-15-1803
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 46, eff. 8/1/2017. Amended by Act 2013, No. 1132,§ 15, eff. 8/16/2013. Acts 2007, No. 842, § 1; 2009, No. 1484, § 7; 2011, No. 1230, § 1.

Repealed by Act 2017, No. 540,§ 46, eff. 8/1/2017.

Amended by Act 2013, No. 1132,§ 15, eff. 8/16/2013.

Acts 2007, No. 842, § 1; 2009, No. 1484, § 7; 2011, No. 1230, § 1.
Ark. Code Ann. § 20-6-115 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-115
Court jurisdiction
Status: in_force

(a) A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of: (1) A principal; (2) A principal's agent, guardian, or surrogate; (3) A healthcare provider or healthcare institution involved with the principal's care; or (4) An individual described in § 20-6-106(b) . (b) A proceeding under this section shall be expedited on the court's civil dockets. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of: (1) A principal; (2) A principal's agent, guardian, or surrogate; (3) A healthcare provider or healthcare institution involved with the principal's care; or (4) An individual described in § 20-6-106(b) .

(1) A principal;

(2) A principal's agent, guardian, or surrogate;

(3) A healthcare provider or healthcare institution involved with the principal's care; or

(4) An individual described in § 20-6-106(b) .

(b) A proceeding under this section shall be expedited on the court's civil dockets.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-22-808 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-808
Limited immunity of certified fire departments
Status: in_force

(a) Any certified fire department that does not have tort immunity as provided by state law shall be subject to limited liability as provided in this section. (b) Certified fire departments entitled to limited immunity under this section shall not be liable for damages to persons or property resulting from an act or omission of the fire department or the firefighter occurring at the scene of a reported fire and related to the suppression of the reported fire if the act or omission did not constitute gross negligence, wanton conduct, or intentional wrongdoing. Acts 1987, No. 837, § 7.

(a) Any certified fire department that does not have tort immunity as provided by state law shall be subject to limited liability as provided in this section.

(b) Certified fire departments entitled to limited immunity under this section shall not be liable for damages to persons or property resulting from an act or omission of the fire department or the firefighter occurring at the scene of a reported fire and related to the suppression of the reported fire if the act or omission did not constitute gross negligence, wanton conduct, or intentional wrongdoing.

Acts 1987, No. 837, § 7.
Ark. Code Ann. § 20-16-2003 — AR Code / Title 20 / Chapter 16 / Subchapter 20 / Section 20-16-2003
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter; (3) "Conception" means the fusion of human spermatozoon with a human ovum; (4) "Gestation" means the time that has elapsed since the first day of the woman's last menstrual period; (5) "Human being" means an individual member of the species Homo sapiens from and after the point of conception; (6) "Major bodily function" means the functions of the body, including without limitation functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions; (7) "Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, necessitates an abortion to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function; (8) "Physician" means a person licensed to practice medicine in this state, including a medical doctor; and (9) "Probable gestational age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman. Amended by Act 2021, No. 740,§ 4, eff. 7/28/2021. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.

As used in this subchapter:

(1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.

(B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(i) Save the life or preserve the health of the unborn child;

(ii) Remove a dead unborn child caused by spontaneous abortion; or

(iii) Remove an ectopic pregnancy;

(2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;

(3) "Conception" means the fusion of human spermatozoon with a human ovum;

(4) "Gestation" means the time that has elapsed since the first day of the woman's last menstrual period;

(5) "Human being" means an individual member of the species Homo sapiens from and after the point of conception;

(6) "Major bodily function" means the functions of the body, including without limitation functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions;

(7) "Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, necessitates an abortion to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function;

(8) "Physician" means a person licensed to practice medicine in this state, including a medical doctor; and

(9) "Probable gestational age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman.

Amended by Act 2021, No. 740,§ 4, eff. 7/28/2021.

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-78-305 — AR Code / Title 20 / Chapter 78 / Subchapter 3 / Section 20-78-305
Status of agreements
Status: in_force

Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact. Acts 1997, No. 939, § 5.

Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact.

Acts 1997, No. 939, § 5.
Ark. Code Ann. § 20-77-503 — AR Code / Title 20 / Chapter 77 / Subchapter 5 / Section 20-77-503
Practice of optometry not affected
Status: in_force

Nothing in this subchapter shall be construed to enlarge or diminish the practice of optometry as defined by law in § 17-90-101 . Acts 1973, No. 10, § 9; A.S.A. 1947, § 83-1009.

Nothing in this subchapter shall be construed to enlarge or diminish the practice of optometry as defined by law in § 17-90-101 .

Acts 1973, No. 10, § 9; A.S.A. 1947, § 83-1009.
Ark. Code Ann. § 20-80-403 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-403
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Applicant" means any city, incorporated town, legal entity that intends to apply for an award of low-income housing tax credits under section 42 of the Internal Revenue Code, or community organization applying to the Commissioner of State Lands for donation of tax-forfeited land; (2) (A) "Community organization" means a recreational, educational, social, or benevolent organization dedicated to improving the mental or physical health and welfare of its members and of the public. (B) A community organization may be established for community betterment or beautification, environmental protection, establishment of housing, and other purposes beneficial to the community and may be a division of the federal, state, county, or local government or may be a private nonprofit corporation; (3) "Eligible person" means an individual person or family unit meeting eligibility criteria for the sale, lease, or grant of a homestead. A corporation, partnership, association, or similar organization shall not be an eligible person; (4) "Homestead" means the home and accompanying or adjoining land of the primary residence of a person; and (5) "Urban" means land found within the city limits of any city or incorporated town in the state. Acts 1993, No. 1009, § 2; 2011, No. 1013, § 2.

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

(1) "Applicant" means any city, incorporated town, legal entity that intends to apply for an award of low-income housing tax credits under section 42 of the Internal Revenue Code, or community organization applying to the Commissioner of State Lands for donation of tax-forfeited land;

(2) (A) "Community organization" means a recreational, educational, social, or benevolent organization dedicated to improving the mental or physical health and welfare of its members and of the public. (B) A community organization may be established for community betterment or beautification, environmental protection, establishment of housing, and other purposes beneficial to the community and may be a division of the federal, state, county, or local government or may be a private nonprofit corporation;

(A) "Community organization" means a recreational, educational, social, or benevolent organization dedicated to improving the mental or physical health and welfare of its members and of the public.

(B) A community organization may be established for community betterment or beautification, environmental protection, establishment of housing, and other purposes beneficial to the community and may be a division of the federal, state, county, or local government or may be a private nonprofit corporation;

(3) "Eligible person" means an individual person or family unit meeting eligibility criteria for the sale, lease, or grant of a homestead. A corporation, partnership, association, or similar organization shall not be an eligible person;

(4) "Homestead" means the home and accompanying or adjoining land of the primary residence of a person; and

(5) "Urban" means land found within the city limits of any city or incorporated town in the state.

Acts 1993, No. 1009, § 2; 2011, No. 1013, § 2.
Ark. Code Ann. § 20-82-204 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-204
Arkansas Child Abuse/Rape/Domestic Violence Commission - Costs and expenses
Status: in_force

The administrative and associated operating costs and expenses of the Arkansas Child Abuse/Rape/Domestic Violence Commission may be paid from and administered through the normal contractual processes of the University of Arkansas for Medical Sciences. Acts 1991, No. 948, § 1; 1993, No. 887, § 6; 1995, No. 1336, § 4.

The administrative and associated operating costs and expenses of the Arkansas Child Abuse/Rape/Domestic Violence Commission may be paid from and administered through the normal contractual processes of the University of Arkansas for Medical Sciences.

Acts 1991, No. 948, § 1; 1993, No. 887, § 6; 1995, No. 1336, § 4.
Ark. Code Ann. § 20-10-2004 — AR Code / Title 20 / Chapter 10 / Subchapter 20 / Section 20-10-2004
Licensure
Status: in_force

(a) Any assisted living facility or residential care facility composed of a building or buildings, section, or distinct part of a building, whether operated for profit or not, shall be licensed as a long-term care facility by the Department of Human Services under § 20-10-224 and the rules promulgated by the department if the facility: (1) Houses more than three (3) individuals for a period exceeding twenty-four (24) hours; (2) Provides meals or other congregate services; and (3) Either: (A) Provides supervision of residents; or (B) Offers or provides assistance with activities of daily living, including without limitation: (i) Eating; (ii) Bathing; (iii) Dressing; (iv) Grooming; (v) Ambulating; (vi) Toileting; or (vii) Taking medications. (b) Facilities subject to the licensure requirement in subsection (a) of this section include those which: (1) Provide services either directly or through contractual arrangements; or (2) (A) Facilitate contracting in the name of the residents. (B) Apartment house managers referring residents to home health or other service agencies are not facilitating contracting within the meaning of this subdivision (b)(2). (c) No facility may advertise or publicly represent that it provides assisted living or residential care or use other similar terms unless it is licensed under Arkansas law as an assisted living facility or residential care facility. Amended by Act 2021, No. 1017,§ 22, eff. 7/28/2021. Amended by Act 2021, No. 721,§ 3, eff. 7/28/2021. Acts 2005, No. 2191, § 10.

(a) Any assisted living facility or residential care facility composed of a building or buildings, section, or distinct part of a building, whether operated for profit or not, shall be licensed as a long-term care facility by the Department of Human Services under § 20-10-224 and the rules promulgated by the department if the facility: (1) Houses more than three (3) individuals for a period exceeding twenty-four (24) hours; (2) Provides meals or other congregate services; and (3) Either: (A) Provides supervision of residents; or (B) Offers or provides assistance with activities of daily living, including without limitation: (i) Eating; (ii) Bathing; (iii) Dressing; (iv) Grooming; (v) Ambulating; (vi) Toileting; or (vii) Taking medications.

(1) Houses more than three (3) individuals for a period exceeding twenty-four (24) hours;

(2) Provides meals or other congregate services; and

(3) Either: (A) Provides supervision of residents; or (B) Offers or provides assistance with activities of daily living, including without limitation: (i) Eating; (ii) Bathing; (iii) Dressing; (iv) Grooming; (v) Ambulating; (vi) Toileting; or (vii) Taking medications.

(A) Provides supervision of residents; or

(B) Offers or provides assistance with activities of daily living, including without limitation: (i) Eating; (ii) Bathing; (iii) Dressing; (iv) Grooming; (v) Ambulating; (vi) Toileting; or (vii) Taking medications.

(i) Eating;

(ii) Bathing;

(iii) Dressing;

(iv) Grooming;

(v) Ambulating;

(vi) Toileting; or

(vii) Taking medications.

(b) Facilities subject to the licensure requirement in subsection (a) of this section include those which: (1) Provide services either directly or through contractual arrangements; or (2) (A) Facilitate contracting in the name of the residents. (B) Apartment house managers referring residents to home health or other service agencies are not facilitating contracting within the meaning of this subdivision (b)(2).

(1) Provide services either directly or through contractual arrangements; or

(2) (A) Facilitate contracting in the name of the residents. (B) Apartment house managers referring residents to home health or other service agencies are not facilitating contracting within the meaning of this subdivision (b)(2).

(A) Facilitate contracting in the name of the residents.

(B) Apartment house managers referring residents to home health or other service agencies are not facilitating contracting within the meaning of this subdivision (b)(2).

(c) No facility may advertise or publicly represent that it provides assisted living or residential care or use other similar terms unless it is licensed under Arkansas law as an assisted living facility or residential care facility.

Amended by Act 2021, No. 1017,§ 22, eff. 7/28/2021.

Amended by Act 2021, No. 721,§ 3, eff. 7/28/2021.

Acts 2005, No. 2191, § 10.
Ark. Code Ann. § 20-59-304 — AR Code / Title 20 / Chapter 59 / Subchapter 3 / Section 20-59-304
Production requirements generally
Status: in_force

(a) Any person, firm, or corporation that can and does comply with the rules as promulgated by the State Board of Health and upon the payment of the permit fee and the issuance of a permit shall be eligible to produce, manufacture, process, freeze, and package mellorine and mellorine mix. (b) The plants must have available the necessary equipment to package the product in containers as set out in this subchapter. However, plants may manufacture mellorine mix without owning the necessary equipment to package the product, so long as they sell the mellorine mix to a processing plant which has been issued a permit and has the necessary equipment to package mellorine. Amended by Act 2019, No. 315,§ 2200, eff. 7/24/2019. Acts 1953, No. 416, § 12; A.S.A. 1947, § 82-918.11.

(a) Any person, firm, or corporation that can and does comply with the rules as promulgated by the State Board of Health and upon the payment of the permit fee and the issuance of a permit shall be eligible to produce, manufacture, process, freeze, and package mellorine and mellorine mix.

(b) The plants must have available the necessary equipment to package the product in containers as set out in this subchapter. However, plants may manufacture mellorine mix without owning the necessary equipment to package the product, so long as they sell the mellorine mix to a processing plant which has been issued a permit and has the necessary equipment to package mellorine.

Amended by Act 2019, No. 315,§ 2200, eff. 7/24/2019.

Acts 1953, No. 416, § 12; A.S.A. 1947, § 82-918.11.
Ark. Code Ann. § 20-13-1006 — AR Code / Title 20 / Chapter 13 / Subchapter 10 / Section 20-13-1006
Rules for mass casualty incidents
Status: in_force

In mass casualty incidents, which overwhelm the region's available resources, the Department of Health shall promulgate rules which establish procedures for the transportation of patients by ambulances. Amended by Act 2019, No. 315,§ 1930, eff. 7/24/2019. Acts 1997, No. 1255, § 6.

In mass casualty incidents, which overwhelm the region's available resources, the Department of Health shall promulgate rules which establish procedures for the transportation of patients by ambulances.

Amended by Act 2019, No. 315,§ 1930, eff. 7/24/2019.

Acts 1997, No. 1255, § 6.
Ark. Code Ann. § 20-77-1903 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1903
Program administration
Status: in_force

(a) The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter. (b) (1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter. (2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the hospital assessment imposed under § 20-77-1902 . (3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for: (A) Proper imposition and collection of the assessment imposed under § 20-77-1902 ; (B) Enforcement of this subchapter, including without limitation letters of caution or sanctions; and (C) Reporting of net patient revenue. (c) To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions. Acts 2009, No. 562, § 1; 2011, No. 19, § 2.

(a) The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter.

(b) (1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter. (2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the hospital assessment imposed under § 20-77-1902 . (3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for: (A) Proper imposition and collection of the assessment imposed under § 20-77-1902 ; (B) Enforcement of this subchapter, including without limitation letters of caution or sanctions; and (C) Reporting of net patient revenue.

(1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter.

(2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the hospital assessment imposed under § 20-77-1902 .

(3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for: (A) Proper imposition and collection of the assessment imposed under § 20-77-1902 ; (B) Enforcement of this subchapter, including without limitation letters of caution or sanctions; and (C) Reporting of net patient revenue.

(A) Proper imposition and collection of the assessment imposed under § 20-77-1902 ;

(B) Enforcement of this subchapter, including without limitation letters of caution or sanctions; and

(C) Reporting of net patient revenue.

(c) To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions.

Acts 2009, No. 562, § 1; 2011, No. 19, § 2.
Ark. Code Ann. § 20-64-511 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-511
Violations
Status: in_force

A person violating any provision of this subchapter shall be guilty of a Class A misdemeanor. Acts 1991, No. 739, § 10.

A person violating any provision of this subchapter shall be guilty of a Class A misdemeanor.

Acts 1991, No. 739, § 10.
Ark. Code Ann. § 20-27-1315 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1315
Private right of action
Status: in_force

Any person adversely affected by a violation of this subchapter or any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violator. Amended by Act 2019, No. 315,§ 2118, eff. 7/24/2019. Acts 1995, No. 814, § 3.

Any person adversely affected by a violation of this subchapter or any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violator.

Amended by Act 2019, No. 315,§ 2118, eff. 7/24/2019.

Acts 1995, No. 814, § 3.
Ark. Code Ann. § 20-9-311 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-311
Findings - Definitions
Status: in_force

(a) The General Assembly finds that: (1) Numerous workers who are occupationally exposed to blood-borne pathogens have contracted fatal and other serious viruses and diseases, including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C, from exposure to blood and other potentially infectious materials in their workplaces; (2) In 1991, the United States Occupational Safety and Health Administration issued a standard regulating occupational exposure to blood-borne pathogens including the human immunodeficiency virus (HIV), the hepatitis B virus, and the hepatitis C virus; (3) Compliance with the blood-borne pathogens standard has significantly reduced the risk that workers will contract a blood-borne disease in the course of their work; (4) Nevertheless, occupational exposure to blood-borne pathogens from accidental sharps injuries in healthcare settings continues to be a serious problem; (5) In March 2000, the Centers for Disease Control and Prevention estimated that more than three hundred eighty thousand (380,000) percutaneous injuries from contaminated sharps occur annually among healthcare workers in United States hospital settings; (6) Estimates for all healthcare settings are that six hundred thousand (600,000) to eight hundred thousand (800,000) needlestick and other percutaneous injuries occur among healthcare workers annually involving sharps contaminated with blood-borne pathogens such as the human immunodeficiency virus (HIV), hepatitis B, or hepatitis C; (7) Since publication of the blood-borne pathogens standard in 1991, there has been a substantial increase in the number and assortment of effective engineering controls available to employers; (8) There is now a large body of research and data concerning the effectiveness of newer engineering controls, including safer medical devices; (9) Numerous studies have demonstrated that the use of safer medical devices such as needle-less systems and sharps with engineered sharps injury protections can be extremely effective in reducing accidental sharps injuries when they are part of an overall blood-borne pathogens risk-reduction program; (10) In March 2000, the Centers for Disease Control and Prevention estimated that sixty-two percent (62%) to eighty-eight percent (88%) of sharps injuries potentially can be prevented by the use of safer medical devices depending on the type of device used and the procedure involved; (11) Training and education in the use of safer medical devices and safer work practices are significant elements in the prevention of percutaneous exposure incidents; (12) Staff involvement in the device selection and evaluation process is also an important element in achieving a reduction in sharps injuries, particularly as newer, safer devices are introduced into work settings; (13) The United States Congress has recognized the seriousness of the dangers of sharps injuries by passing the Needlestick Safety and Prevention Act, Pub. L. No. 106-430; and (14) Considerable time will lapse before federal regulations are published, hospitals prepare implementation plans, federal agencies review implementation plans, and hospitals begin implementation. (b) As used in this section: (1) "High-risk area" means the emergency department, operating rooms, and intensive care units in acute care hospitals; (2) "Needleless systems" means devices that do not use needles for: (A) The collection of bodily fluids or withdrawal of bodily fluids after initial venous or arterial access is established; (B) The administration of medication or fluids; or (C) Any other procedure involving the potential for occupational exposure to blood-borne pathogens due to percutaneous injuries from contaminated sharps; (3) "Sharps" means a needle used to withdraw bodily fluids, access a vein or artery, or administer medication or other fluids; and (4) "Sharps with engineered sharps injury protections" means a nonneedle sharp or a needle device used for withdrawing bodily fluids, accessing a vein or artery, or administering medications or other fluids with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident. (c) Immediately after June 1, 2001, hospitals shall begin purchasing needleless systems or sharps with engineered sharps injury protections, or both, for use in high-risk areas, with the goal of ensuring that within eighteen (18) months after June 1, 2001, all high-risk areas shall be supplied exclusively with needleless systems or sharps with engineered sharps injury protections, or both. (d) Any prefilled syringe approved by the United States Food and Drug Administration shall not be subject to the provisions of this section until July 2005. Acts 2001, No. 451, §§ 1-4.

(a) The General Assembly finds that: (1) Numerous workers who are occupationally exposed to blood-borne pathogens have contracted fatal and other serious viruses and diseases, including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C, from exposure to blood and other potentially infectious materials in their workplaces; (2) In 1991, the United States Occupational Safety and Health Administration issued a standard regulating occupational exposure to blood-borne pathogens including the human immunodeficiency virus (HIV), the hepatitis B virus, and the hepatitis C virus; (3) Compliance with the blood-borne pathogens standard has significantly reduced the risk that workers will contract a blood-borne disease in the course of their work; (4) Nevertheless, occupational exposure to blood-borne pathogens from accidental sharps injuries in healthcare settings continues to be a serious problem; (5) In March 2000, the Centers for Disease Control and Prevention estimated that more than three hundred eighty thousand (380,000) percutaneous injuries from contaminated sharps occur annually among healthcare workers in United States hospital settings; (6) Estimates for all healthcare settings are that six hundred thousand (600,000) to eight hundred thousand (800,000) needlestick and other percutaneous injuries occur among healthcare workers annually involving sharps contaminated with blood-borne pathogens such as the human immunodeficiency virus (HIV), hepatitis B, or hepatitis C; (7) Since publication of the blood-borne pathogens standard in 1991, there has been a substantial increase in the number and assortment of effective engineering controls available to employers; (8) There is now a large body of research and data concerning the effectiveness of newer engineering controls, including safer medical devices; (9) Numerous studies have demonstrated that the use of safer medical devices such as needle-less systems and sharps with engineered sharps injury protections can be extremely effective in reducing accidental sharps injuries when they are part of an overall blood-borne pathogens risk-reduction program; (10) In March 2000, the Centers for Disease Control and Prevention estimated that sixty-two percent (62%) to eighty-eight percent (88%) of sharps injuries potentially can be prevented by the use of safer medical devices depending on the type of device used and the procedure involved; (11) Training and education in the use of safer medical devices and safer work practices are significant elements in the prevention of percutaneous exposure incidents; (12) Staff involvement in the device selection and evaluation process is also an important element in achieving a reduction in sharps injuries, particularly as newer, safer devices are introduced into work settings; (13) The United States Congress has recognized the seriousness of the dangers of sharps injuries by passing the Needlestick Safety and Prevention Act, Pub. L. No. 106-430; and (14) Considerable time will lapse before federal regulations are published, hospitals prepare implementation plans, federal agencies review implementation plans, and hospitals begin implementation.

(1) Numerous workers who are occupationally exposed to blood-borne pathogens have contracted fatal and other serious viruses and diseases, including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C, from exposure to blood and other potentially infectious materials in their workplaces;

(2) In 1991, the United States Occupational Safety and Health Administration issued a standard regulating occupational exposure to blood-borne pathogens including the human immunodeficiency virus (HIV), the hepatitis B virus, and the hepatitis C virus;

(3) Compliance with the blood-borne pathogens standard has significantly reduced the risk that workers will contract a blood-borne disease in the course of their work;

(4) Nevertheless, occupational exposure to blood-borne pathogens from accidental sharps injuries in healthcare settings continues to be a serious problem;

(5) In March 2000, the Centers for Disease Control and Prevention estimated that more than three hundred eighty thousand (380,000) percutaneous injuries from contaminated sharps occur annually among healthcare workers in United States hospital settings;

(6) Estimates for all healthcare settings are that six hundred thousand (600,000) to eight hundred thousand (800,000) needlestick and other percutaneous injuries occur among healthcare workers annually involving sharps contaminated with blood-borne pathogens such as the human immunodeficiency virus (HIV), hepatitis B, or hepatitis C;

(7) Since publication of the blood-borne pathogens standard in 1991, there has been a substantial increase in the number and assortment of effective engineering controls available to employers;

(8) There is now a large body of research and data concerning the effectiveness of newer engineering controls, including safer medical devices;

(9) Numerous studies have demonstrated that the use of safer medical devices such as needle-less systems and sharps with engineered sharps injury protections can be extremely effective in reducing accidental sharps injuries when they are part of an overall blood-borne pathogens risk-reduction program;

(10) In March 2000, the Centers for Disease Control and Prevention estimated that sixty-two percent (62%) to eighty-eight percent (88%) of sharps injuries potentially can be prevented by the use of safer medical devices depending on the type of device used and the procedure involved;

(11) Training and education in the use of safer medical devices and safer work practices are significant elements in the prevention of percutaneous exposure incidents;

(12) Staff involvement in the device selection and evaluation process is also an important element in achieving a reduction in sharps injuries, particularly as newer, safer devices are introduced into work settings;

(13) The United States Congress has recognized the seriousness of the dangers of sharps injuries by passing the Needlestick Safety and Prevention Act, Pub. L. No. 106-430; and

(14) Considerable time will lapse before federal regulations are published, hospitals prepare implementation plans, federal agencies review implementation plans, and hospitals begin implementation.

(b) As used in this section: (1) "High-risk area" means the emergency department, operating rooms, and intensive care units in acute care hospitals; (2) "Needleless systems" means devices that do not use needles for: (A) The collection of bodily fluids or withdrawal of bodily fluids after initial venous or arterial access is established; (B) The administration of medication or fluids; or (C) Any other procedure involving the potential for occupational exposure to blood-borne pathogens due to percutaneous injuries from contaminated sharps; (3) "Sharps" means a needle used to withdraw bodily fluids, access a vein or artery, or administer medication or other fluids; and (4) "Sharps with engineered sharps injury protections" means a nonneedle sharp or a needle device used for withdrawing bodily fluids, accessing a vein or artery, or administering medications or other fluids with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident.

(1) "High-risk area" means the emergency department, operating rooms, and intensive care units in acute care hospitals;

(2) "Needleless systems" means devices that do not use needles for: (A) The collection of bodily fluids or withdrawal of bodily fluids after initial venous or arterial access is established; (B) The administration of medication or fluids; or (C) Any other procedure involving the potential for occupational exposure to blood-borne pathogens due to percutaneous injuries from contaminated sharps;

(A) The collection of bodily fluids or withdrawal of bodily fluids after initial venous or arterial access is established;

(B) The administration of medication or fluids; or

(C) Any other procedure involving the potential for occupational exposure to blood-borne pathogens due to percutaneous injuries from contaminated sharps;

(3) "Sharps" means a needle used to withdraw bodily fluids, access a vein or artery, or administer medication or other fluids; and

(4) "Sharps with engineered sharps injury protections" means a nonneedle sharp or a needle device used for withdrawing bodily fluids, accessing a vein or artery, or administering medications or other fluids with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident.

(c) Immediately after June 1, 2001, hospitals shall begin purchasing needleless systems or sharps with engineered sharps injury protections, or both, for use in high-risk areas, with the goal of ensuring that within eighteen (18) months after June 1, 2001, all high-risk areas shall be supplied exclusively with needleless systems or sharps with engineered sharps injury protections, or both.

(d) Any prefilled syringe approved by the United States Food and Drug Administration shall not be subject to the provisions of this section until July 2005.

Acts 2001, No. 451, §§ 1-4.
Ark. Code Ann. § 20-10-2505 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2505
Requirements for trainers
Status: in_force

(a) A person who conducts in-person dementia training under this subchapter shall meet the following minimum criteria: (1) Possess: (A) No less than two (2) years of work experience related to Alzheimer's disease or other dementias or in health care, gerontology, or another related field; (B) A minimum of two (2) years of general nursing experience including at least one (1) year of nursing services in a nursing facility setting or an assisted living facility within the last five (5) years; or (C) A minimum of two (2) years of experience as an administrator in an assisted living facility or a facility that provides direct care to persons with dementia; and (2) Does not have any disciplinary action regarding his or her license by the licensing entity or authority. (b) As used in this section, "general nursing experience" may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home health care, hospice care, or other long-term care or home- and community-based settings. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

(a) A person who conducts in-person dementia training under this subchapter shall meet the following minimum criteria: (1) Possess: (A) No less than two (2) years of work experience related to Alzheimer's disease or other dementias or in health care, gerontology, or another related field; (B) A minimum of two (2) years of general nursing experience including at least one (1) year of nursing services in a nursing facility setting or an assisted living facility within the last five (5) years; or (C) A minimum of two (2) years of experience as an administrator in an assisted living facility or a facility that provides direct care to persons with dementia; and (2) Does not have any disciplinary action regarding his or her license by the licensing entity or authority.

(1) Possess: (A) No less than two (2) years of work experience related to Alzheimer's disease or other dementias or in health care, gerontology, or another related field; (B) A minimum of two (2) years of general nursing experience including at least one (1) year of nursing services in a nursing facility setting or an assisted living facility within the last five (5) years; or (C) A minimum of two (2) years of experience as an administrator in an assisted living facility or a facility that provides direct care to persons with dementia; and

(A) No less than two (2) years of work experience related to Alzheimer's disease or other dementias or in health care, gerontology, or another related field;

(B) A minimum of two (2) years of general nursing experience including at least one (1) year of nursing services in a nursing facility setting or an assisted living facility within the last five (5) years; or

(C) A minimum of two (2) years of experience as an administrator in an assisted living facility or a facility that provides direct care to persons with dementia; and

(2) Does not have any disciplinary action regarding his or her license by the licensing entity or authority.

(b) As used in this section, "general nursing experience" may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home health care, hospice care, or other long-term care or home- and community-based settings.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-16-808 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-808
Venue
Status: in_force

The pregnant woman may petition a circuit court in the county in which she resides for a waiver of the consent requirement. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

The pregnant woman may petition a circuit court in the county in which she resides for a waiver of the consent requirement.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-15-802 — AR Code / Title 20 / Chapter 15 / Subchapter 8 / Section 20-15-802
Screening program
Status: in_force

Every public elementary and secondary school in this state, every other institution supported by state funds which provides education to our minor children, and all private institutions which provide education to our minor children shall as soon as possible institute a continuing scoliosis screening program to be conducted in accordance with rules promulgated by the State Board of Health. Amended by Act 2019, No. 315,§ 1939, eff. 7/24/2019. Acts 1987, No. 41, § 1; 1989, No. 95, § 2.

Every public elementary and secondary school in this state, every other institution supported by state funds which provides education to our minor children, and all private institutions which provide education to our minor children shall as soon as possible institute a continuing scoliosis screening program to be conducted in accordance with rules promulgated by the State Board of Health.

Amended by Act 2019, No. 315,§ 1939, eff. 7/24/2019.

Acts 1987, No. 41, § 1; 1989, No. 95, § 2.
Ark. Code Ann. § 20-2-101 — AR Code / Title 20 / Chapter 2 / Section 20-2-101
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Minority Health Commission; and (2) "Minority" means Black Americans, Hispanic Americans, Asian Americans, and American Indians. Acts 1991, No. 912, § 1.

As used in this subchapter:

(1) "Commission" means the Arkansas Minority Health Commission; and

(2) "Minority" means Black Americans, Hispanic Americans, Asian Americans, and American Indians.

Acts 1991, No. 912, § 1.
Ark. Code Ann. § 20-45-202 — AR Code / Title 20 / Chapter 45 / Subchapter 2 / Section 20-45-202
Duty of mental health services provider to take precautions against threatened patient violence - Duty to warn
Status: in_force

(a) A mental health services provider, hospital, facility, community mental health center, or clinic is not subject to liability, suit, or a claim under § 19-10-204 on grounds that a mental health services provider did not prevent harm to an individual or to property caused by a patient if: (1) The patient communicates to the mental health services provider an explicit and imminent threat to kill or seriously injure a clearly or reasonably identifiable potential victim or to commit a specific violent act or to destroy property under circumstances that could easily lead to serious personal injury or death and the patient has an apparent intent and ability to carry out the threat; and (2) The mental health services provider takes the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm. (b) A duty owed by a mental health services provider to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter of law, if the mental health services provider in a timely manner: (1) Notifies: (A) A law enforcement agency in the county in which the potential victim resides; (B) A law enforcement agency in the county in which the patient resides; or (C) The Department of Arkansas State Police; or (2) Arranges for the patient's immediate voluntary or involuntary hospitalization. (c) (1) If a patient who is under eighteen (18) years of age threatens to commit suicide or serious or life-threatening bodily harm upon himself or herself, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's custodial parent. (2) If the mental health services provider is unable to contact the patient's custodial parent within a reasonable time, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's noncustodial parent or legal guardian. (d) A mental health services provider, hospital, facility, community mental health center, or clinic is not subject to liability, suit, or claim under § 19-10-204 for disclosing a confidential communication made by or relating to a patient if the patient has explicitly threatened to cause serious harm to an individual or to property under circumstances that could easily lead to serious personal injury or death or if the provider has a reasonable belief that the patient poses a credible threat of serious harm to an individual or to property. (e) (1) If a patient in the custody of a hospital, community mental health center, or other facility threatens to harm an individual or property, the mental health services provider and the staff of the hospital, community mental health center, or other facility shall consider and evaluate the threat before discharging the patient. (2) Under subdivision (e)(1) of this section, the mental health services provider may inform an appropriate law enforcement agency and the victim of the threat. (f) Subsections (a) and (c) of this section apply to a hospital or facility that has custody of a patient who has made or makes a threat to harm an individual or property. Added by Act 2013, No. 1212,§ 1, eff. 8/16/2013.

(a) A mental health services provider, hospital, facility, community mental health center, or clinic is not subject to liability, suit, or a claim under § 19-10-204 on grounds that a mental health services provider did not prevent harm to an individual or to property caused by a patient if: (1) The patient communicates to the mental health services provider an explicit and imminent threat to kill or seriously injure a clearly or reasonably identifiable potential victim or to commit a specific violent act or to destroy property under circumstances that could easily lead to serious personal injury or death and the patient has an apparent intent and ability to carry out the threat; and (2) The mental health services provider takes the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm.

(1) The patient communicates to the mental health services provider an explicit and imminent threat to kill or seriously injure a clearly or reasonably identifiable potential victim or to commit a specific violent act or to destroy property under circumstances that could easily lead to serious personal injury or death and the patient has an apparent intent and ability to carry out the threat; and

(2) The mental health services provider takes the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm.

(b) A duty owed by a mental health services provider to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter of law, if the mental health services provider in a timely manner: (1) Notifies: (A) A law enforcement agency in the county in which the potential victim resides; (B) A law enforcement agency in the county in which the patient resides; or (C) The Department of Arkansas State Police; or (2) Arranges for the patient's immediate voluntary or involuntary hospitalization.

(1) Notifies: (A) A law enforcement agency in the county in which the potential victim resides; (B) A law enforcement agency in the county in which the patient resides; or (C) The Department of Arkansas State Police; or

(A) A law enforcement agency in the county in which the potential victim resides;

(B) A law enforcement agency in the county in which the patient resides; or

(C) The Department of Arkansas State Police; or

(2) Arranges for the patient's immediate voluntary or involuntary hospitalization.

(c) (1) If a patient who is under eighteen (18) years of age threatens to commit suicide or serious or life-threatening bodily harm upon himself or herself, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's custodial parent. (2) If the mental health services provider is unable to contact the patient's custodial parent within a reasonable time, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's noncustodial parent or legal guardian.

(1) If a patient who is under eighteen (18) years of age threatens to commit suicide or serious or life-threatening bodily harm upon himself or herself, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's custodial parent.

(2) If the mental health services provider is unable to contact the patient's custodial parent within a reasonable time, the mental health services provider shall make a reasonable effort to communicate the threat to the patient's noncustodial parent or legal guardian.

(d) A mental health services provider, hospital, facility, community mental health center, or clinic is not subject to liability, suit, or claim under § 19-10-204 for disclosing a confidential communication made by or relating to a patient if the patient has explicitly threatened to cause serious harm to an individual or to property under circumstances that could easily lead to serious personal injury or death or if the provider has a reasonable belief that the patient poses a credible threat of serious harm to an individual or to property.

(e) (1) If a patient in the custody of a hospital, community mental health center, or other facility threatens to harm an individual or property, the mental health services provider and the staff of the hospital, community mental health center, or other facility shall consider and evaluate the threat before discharging the patient. (2) Under subdivision (e)(1) of this section, the mental health services provider may inform an appropriate law enforcement agency and the victim of the threat.

(1) If a patient in the custody of a hospital, community mental health center, or other facility threatens to harm an individual or property, the mental health services provider and the staff of the hospital, community mental health center, or other facility shall consider and evaluate the threat before discharging the patient.

(2) Under subdivision (e)(1) of this section, the mental health services provider may inform an appropriate law enforcement agency and the victim of the threat.

(f) Subsections (a) and (c) of this section apply to a hospital or facility that has custody of a patient who has made or makes a threat to harm an individual or property.

Added by Act 2013, No. 1212,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-10-803 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-803
Penalties
Status: in_force

(a) (1) Any person who violates any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation. (2) Upon conviction, that person shall be liable to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent offense. (b) Each day that the person performs home healthcare services after a first conviction shall be considered a subsequent offense. Amended by Act 2019, No. 315,§ 1882, eff. 7/24/2019. Acts 1987, No. 956, § 5; 2005, No. 1994, § 111.

(a) (1) Any person who violates any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation. (2) Upon conviction, that person shall be liable to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent offense.

(1) Any person who violates any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation.

(2) Upon conviction, that person shall be liable to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent offense.

(b) Each day that the person performs home healthcare services after a first conviction shall be considered a subsequent offense.

Amended by Act 2019, No. 315,§ 1882, eff. 7/24/2019.

Acts 1987, No. 956, § 5; 2005, No. 1994, § 111.
Ark. Code Ann. § 20-3-107 — AR Code / Title 20 / Chapter 3 / Section 20-3-107
Investment direction
Status: in_force

Except as permitted under the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, a person shall not direct the investment of any contributions to or earnings from the program more than two (2) times each year. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

Except as permitted under the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, a person shall not direct the investment of any contributions to or earnings from the program more than two (2) times each year.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-47-102 — AR Code / Title 20 / Chapter 47 / Subchapter 1 / Section 20-47-102
[Repealed]
Status: repealed

Repealed by Act 2017, No. 423,§ 29, eff. 8/1/2017. Rev. Stat., ch. 78, § 3; C. & M. Dig., § 5830; Pope's Dig., § 7547; A.S.A. 1947, § 59-104; Acts 2003, No. 1185, § 256.

Repealed by Act 2017, No. 423,§ 29, eff. 8/1/2017.

Rev. Stat., ch. 78, § 3; C. & M. Dig., § 5830; Pope's Dig., § 7547; A.S.A. 1947, § 59-104; Acts 2003, No. 1185, § 256.
Ark. Code Ann. § 20-19-504 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-504
Permit for personal possession
Status: in_force

(a) A person may possess a large carnivore only if: (1) The person was in possession of the large carnivore and was the legal possessor of the large carnivore on or before August 12, 2005; and (2) The person applies for and is granted a permit for personal possession for each large carnivore in the person's possession not more than one hundred eighty (180) days after August 12, 2005. (b) (1) A person under subsection (a) of this section shall annually obtain a permit for personal possession. (2) After August 12, 2005, any additional large carnivore shall not be brought into possession under the authority of a permit for personal possession. (c) (1) An applicant shall file on forms provided by the sheriff's department an application to receive a permit for personal possession with the sheriff's department of the county where the large carnivore is kept. (2) The application shall include: (A) The name, address, and telephone number of the applicant; (B) A description of each large carnivore, including the scientific classification, name, gender, age, color, weight, and distinguishing marks or coloration that would aid in the identification of the animal; (C) A photograph of the large carnivore; (D) The location where the large carnivore is kept; and (E) The name, address, and telephone number of the person from whom the applicant obtained the large carnivore, if known. (3) The application shall be signed by the veterinarian who is expected to provide veterinary care to the large carnivore and shall include the veterinarian's name, address, and telephone number. (d) The county sheriff's department shall not grant a permit unless: (1) An annual permit fee of two hundred fifty dollars ($250) for each large carnivore accompanies the application; (2) The applicant is eighteen (18) years of age or older; (3) The applicant has not pleaded nolo contendere or guilty to or been found guilty of any animal cruelty violations in the past ten (10) years or to a felony offense for possession, sale, or use of illegal narcotics in the past ten (10) years; (4) The facility and the conditions in which the large carnivore is kept comply with this subchapter; and (5) The applicant has obtained the liability insurance coverage for the large carnivore as required under this subchapter. (e) (1) The county sheriff's department shall keep records of persons issued a valid permit for personal possession of a large carnivore and provide copies of the records to the Arkansas State Game and Fish Commission when each permit is issued. (2) A permit holder shall notify the county sheriff's department of any changes of the permit holder's information, including the death of the large carnivore. (f) (1) In addition to the other requirements for issuance of a permit for personal possession, the large carnivore shall be spayed or neutered before a permit is issued to the possessor unless a veterinarian confirms that spaying and neutering would endanger the large carnivore. (2) A record of the large carnivore's being spayed or neutered by a veterinarian is to be kept on file by the permit holder. (g) All fees levied and collected for permits of personal possession under this section shall be deposited into the county treasury to be used by the county sheriff's department to offset the cost of issuing permits of personal possession, for any costs involved in controlling large carnivores located within the county, and for any other animal control costs. Acts 2005, No. 2226, § 1.

(a) A person may possess a large carnivore only if: (1) The person was in possession of the large carnivore and was the legal possessor of the large carnivore on or before August 12, 2005; and (2) The person applies for and is granted a permit for personal possession for each large carnivore in the person's possession not more than one hundred eighty (180) days after August 12, 2005.

(1) The person was in possession of the large carnivore and was the legal possessor of the large carnivore on or before August 12, 2005; and

(2) The person applies for and is granted a permit for personal possession for each large carnivore in the person's possession not more than one hundred eighty (180) days after August 12, 2005.

(b) (1) A person under subsection (a) of this section shall annually obtain a permit for personal possession. (2) After August 12, 2005, any additional large carnivore shall not be brought into possession under the authority of a permit for personal possession.

(1) A person under subsection (a) of this section shall annually obtain a permit for personal possession.

(2) After August 12, 2005, any additional large carnivore shall not be brought into possession under the authority of a permit for personal possession.

(c) (1) An applicant shall file on forms provided by the sheriff's department an application to receive a permit for personal possession with the sheriff's department of the county where the large carnivore is kept. (2) The application shall include: (A) The name, address, and telephone number of the applicant; (B) A description of each large carnivore, including the scientific classification, name, gender, age, color, weight, and distinguishing marks or coloration that would aid in the identification of the animal; (C) A photograph of the large carnivore; (D) The location where the large carnivore is kept; and (E) The name, address, and telephone number of the person from whom the applicant obtained the large carnivore, if known. (3) The application shall be signed by the veterinarian who is expected to provide veterinary care to the large carnivore and shall include the veterinarian's name, address, and telephone number.

(1) An applicant shall file on forms provided by the sheriff's department an application to receive a permit for personal possession with the sheriff's department of the county where the large carnivore is kept.

(2) The application shall include: (A) The name, address, and telephone number of the applicant; (B) A description of each large carnivore, including the scientific classification, name, gender, age, color, weight, and distinguishing marks or coloration that would aid in the identification of the animal; (C) A photograph of the large carnivore; (D) The location where the large carnivore is kept; and (E) The name, address, and telephone number of the person from whom the applicant obtained the large carnivore, if known.

(A) The name, address, and telephone number of the applicant;

(B) A description of each large carnivore, including the scientific classification, name, gender, age, color, weight, and distinguishing marks or coloration that would aid in the identification of the animal;

(C) A photograph of the large carnivore;

(D) The location where the large carnivore is kept; and

(E) The name, address, and telephone number of the person from whom the applicant obtained the large carnivore, if known.

(3) The application shall be signed by the veterinarian who is expected to provide veterinary care to the large carnivore and shall include the veterinarian's name, address, and telephone number.

(d) The county sheriff's department shall not grant a permit unless: (1) An annual permit fee of two hundred fifty dollars ($250) for each large carnivore accompanies the application; (2) The applicant is eighteen (18) years of age or older; (3) The applicant has not pleaded nolo contendere or guilty to or been found guilty of any animal cruelty violations in the past ten (10) years or to a felony offense for possession, sale, or use of illegal narcotics in the past ten (10) years; (4) The facility and the conditions in which the large carnivore is kept comply with this subchapter; and (5) The applicant has obtained the liability insurance coverage for the large carnivore as required under this subchapter.

(1) An annual permit fee of two hundred fifty dollars ($250) for each large carnivore accompanies the application;

(2) The applicant is eighteen (18) years of age or older;

(3) The applicant has not pleaded nolo contendere or guilty to or been found guilty of any animal cruelty violations in the past ten (10) years or to a felony offense for possession, sale, or use of illegal narcotics in the past ten (10) years;

(4) The facility and the conditions in which the large carnivore is kept comply with this subchapter; and

(5) The applicant has obtained the liability insurance coverage for the large carnivore as required under this subchapter.

(e) (1) The county sheriff's department shall keep records of persons issued a valid permit for personal possession of a large carnivore and provide copies of the records to the Arkansas State Game and Fish Commission when each permit is issued. (2) A permit holder shall notify the county sheriff's department of any changes of the permit holder's information, including the death of the large carnivore.

(1) The county sheriff's department shall keep records of persons issued a valid permit for personal possession of a large carnivore and provide copies of the records to the Arkansas State Game and Fish Commission when each permit is issued.

(2) A permit holder shall notify the county sheriff's department of any changes of the permit holder's information, including the death of the large carnivore.

(f) (1) In addition to the other requirements for issuance of a permit for personal possession, the large carnivore shall be spayed or neutered before a permit is issued to the possessor unless a veterinarian confirms that spaying and neutering would endanger the large carnivore. (2) A record of the large carnivore's being spayed or neutered by a veterinarian is to be kept on file by the permit holder.

(1) In addition to the other requirements for issuance of a permit for personal possession, the large carnivore shall be spayed or neutered before a permit is issued to the possessor unless a veterinarian confirms that spaying and neutering would endanger the large carnivore.

(2) A record of the large carnivore's being spayed or neutered by a veterinarian is to be kept on file by the permit holder.

(g) All fees levied and collected for permits of personal possession under this section shall be deposited into the county treasury to be used by the county sheriff's department to offset the cost of issuing permits of personal possession, for any costs involved in controlling large carnivores located within the county, and for any other animal control costs.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-24-118 — AR Code / Title 20 / Chapter 24 / Section 20-24-118
Braille tags in elevators in publicly owned buildings
Status: in_force

(a) In all publicly owned buildings containing passenger elevators, braille tags shall be affixed on or immediately adjacent to all elevator pushbuttons, levers, or switches in order that blind persons may operate the elevators properly without assistance from sighted persons. (b) For the purposes of this section, "publicly owned buildings" includes those buildings which are owned or operated by a municipal, county, or state government. Acts 1977, No. 533, § 1; A.S.A. 1947, § 82-1817.

(a) In all publicly owned buildings containing passenger elevators, braille tags shall be affixed on or immediately adjacent to all elevator pushbuttons, levers, or switches in order that blind persons may operate the elevators properly without assistance from sighted persons.

(b) For the purposes of this section, "publicly owned buildings" includes those buildings which are owned or operated by a municipal, county, or state government.

Acts 1977, No. 533, § 1; A.S.A. 1947, § 82-1817.
Ark. Code Ann. § 20-16-506 — AR Code / Title 20 / Chapter 16 / Subchapter 5 / Section 20-16-506
Failure to notify - Penalty
Status: in_force

Failure to give notice as provided in §§ 20-16-501 - 20-16-505 shall be a violation and upon conviction shall be punishable by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Acts 1973, No. 60, § 5; A.S.A. 1947, § 82-636; Acts 2005, No. 1994, § 112.

Failure to give notice as provided in §§ 20-16-501 - 20-16-505 shall be a violation and upon conviction shall be punishable by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).

Acts 1973, No. 60, § 5; A.S.A. 1947, § 82-636; Acts 2005, No. 1994, § 112.
Ark. Code Ann. § 20-76-507 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-507
[Repealed]
Status: repealed

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

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

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-46-310 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-310
Duty to provide screenings and evaluation studies
Status: in_force

Mental health centers in this state, whether local or regional, which have been approved by the Secretary of the Department of Human Services shall provide, upon request of the courts of record in this state, screening and evaluation studies of such persons as shall be referred to the mental health center or clinic by the court. Amended by Act 2019, No. 910,§ 5196, eff. 7/1/2019. Acts 1971, No. 433, ch. 2, § 8; A.S.A. 1947, § 59-308.

Mental health centers in this state, whether local or regional, which have been approved by the Secretary of the Department of Human Services shall provide, upon request of the courts of record in this state, screening and evaluation studies of such persons as shall be referred to the mental health center or clinic by the court.

Amended by Act 2019, No. 910,§ 5196, eff. 7/1/2019.

Acts 1971, No. 433, ch. 2, § 8; A.S.A. 1947, § 59-308.
Ark. Code Ann. § 20-16-815 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-815
Construction
Status: in_force

(a) This subchapter does not create or recognize a right to abortion. (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

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

(b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-48-205 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-205
Board of Developmental Disabilities Services - Powers and duties
Status: in_force

(a) The Board of Developmental Disabilities Services: (1) Shall: (A) Have charge of the properties used for the purposes of the human development centers; (B) Supervise: (i) Appointment of employees; (ii) Performance of duties by employees, including off-premises assignments for educational or training purposes; (iii) Removal of employees; and (iv) Fixing of employee compensation; and (C) Supervise expenditures of the human development centers; and (2) May: (A) Accept and hold in trust real, personal, or mixed property received by grant, gift, will, or otherwise; (B) Purchase land or receive grants or gifts of land and take deeds therefor in the name of the State of Arkansas; (C) Accept grants or gifts of money from any source whatever and use the money for any of the powers and purposes of the board; and (D) Take all action and execute all documents necessary or desirable to carry out the powers and purposes of the board. (b) The board may make rules regarding the care, custody, training, and discipline of individuals with intellectual and developmental disabilities in the human development centers or receiving services for individuals with intellectual and developmental disabilities and respecting the management of the human development centers and the affairs as the board may deem necessary or desirable to the proper performance of the powers and purposes of the board. (c) The board is prohibited from promulgating any rule that would set the salary of any employee at the local level unless specifically required to do so by the United States Government. Amended by Act 2019, No. 315,§ 2149, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 20, eff. 7/24/2019. Acts 1969, No. 265, § 5; 1981, No. 774, § 18; A.S.A. 1947, §§ 59-1005, 59-1005.1.

(a) The Board of Developmental Disabilities Services: (1) Shall: (A) Have charge of the properties used for the purposes of the human development centers; (B) Supervise: (i) Appointment of employees; (ii) Performance of duties by employees, including off-premises assignments for educational or training purposes; (iii) Removal of employees; and (iv) Fixing of employee compensation; and (C) Supervise expenditures of the human development centers; and (2) May: (A) Accept and hold in trust real, personal, or mixed property received by grant, gift, will, or otherwise; (B) Purchase land or receive grants or gifts of land and take deeds therefor in the name of the State of Arkansas; (C) Accept grants or gifts of money from any source whatever and use the money for any of the powers and purposes of the board; and (D) Take all action and execute all documents necessary or desirable to carry out the powers and purposes of the board.

(1) Shall: (A) Have charge of the properties used for the purposes of the human development centers; (B) Supervise: (i) Appointment of employees; (ii) Performance of duties by employees, including off-premises assignments for educational or training purposes; (iii) Removal of employees; and (iv) Fixing of employee compensation; and (C) Supervise expenditures of the human development centers; and

(A) Have charge of the properties used for the purposes of the human development centers;

(B) Supervise: (i) Appointment of employees; (ii) Performance of duties by employees, including off-premises assignments for educational or training purposes; (iii) Removal of employees; and (iv) Fixing of employee compensation; and

(i) Appointment of employees;

(ii) Performance of duties by employees, including off-premises assignments for educational or training purposes;

(iii) Removal of employees; and

(iv) Fixing of employee compensation; and

(C) Supervise expenditures of the human development centers; and

(2) May: (A) Accept and hold in trust real, personal, or mixed property received by grant, gift, will, or otherwise; (B) Purchase land or receive grants or gifts of land and take deeds therefor in the name of the State of Arkansas; (C) Accept grants or gifts of money from any source whatever and use the money for any of the powers and purposes of the board; and (D) Take all action and execute all documents necessary or desirable to carry out the powers and purposes of the board.

(A) Accept and hold in trust real, personal, or mixed property received by grant, gift, will, or otherwise;

(B) Purchase land or receive grants or gifts of land and take deeds therefor in the name of the State of Arkansas;

(C) Accept grants or gifts of money from any source whatever and use the money for any of the powers and purposes of the board; and

(D) Take all action and execute all documents necessary or desirable to carry out the powers and purposes of the board.

(b) The board may make rules regarding the care, custody, training, and discipline of individuals with intellectual and developmental disabilities in the human development centers or receiving services for individuals with intellectual and developmental disabilities and respecting the management of the human development centers and the affairs as the board may deem necessary or desirable to the proper performance of the powers and purposes of the board.

(c) The board is prohibited from promulgating any rule that would set the salary of any employee at the local level unless specifically required to do so by the United States Government.

Amended by Act 2019, No. 315,§ 2149, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 20, eff. 7/24/2019.

Acts 1969, No. 265, § 5; 1981, No. 774, § 18; A.S.A. 1947, §§ 59-1005, 59-1005.1.
Ark. Code Ann. § 20-77-1705 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1705
Explanations for adverse decisions required
Status: in_force

Each denial or other deficiency that the Department of Human Services makes against a Medicaid provider shall be prepared in writing and shall specify: (1) The nature of the adverse decision; (2) The statutory provision or specific rule alleged to have been violated; and (3) The facts and grounds that form the basis for the adverse decision. Acts 2005, No. 1758, § 1; 2007, No. 596, § 2.

Each denial or other deficiency that the Department of Human Services makes against a Medicaid provider shall be prepared in writing and shall specify:

(1) The nature of the adverse decision;

(2) The statutory provision or specific rule alleged to have been violated; and

(3) The facts and grounds that form the basis for the adverse decision.

Acts 2005, No. 1758, § 1; 2007, No. 596, § 2.
Ark. Code Ann. § 20-17-303 — AR Code / Title 20 / Chapter 17 / Subchapter 3 / Section 20-17-303
Disposition of body
Status: in_force

After the examination has been completed, the dead body shall be delivered to the relatives or friends of the deceased person for burial. Acts 1955, No. 172, § 2; A.S.A. 1947, § 82-407.

After the examination has been completed, the dead body shall be delivered to the relatives or friends of the deceased person for burial.

Acts 1955, No. 172, § 2; A.S.A. 1947, § 82-407.
Ark. Code Ann. § 20-17-709 — AR Code / Title 20 / Chapter 17 / Subchapter 7 / Section 20-17-709
Records
Status: in_force

The medical school shall cause a complete record to be kept of all bodies received under this subchapter, and the record shall be open to inspection by any municipal, county, or state officer. Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017. Acts 1959, No. 22, § 9; A.S.A. 1947, § 82-405.8.

The medical school shall cause a complete record to be kept of all bodies received under this subchapter, and the record shall be open to inspection by any municipal, county, or state officer.

Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.

Acts 1959, No. 22, § 9; A.S.A. 1947, § 82-405.8.
Ark. Code Ann. § 20-3-101 — AR Code / Title 20 / Chapter 3 / Section 20-3-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Achieving a Better Life Experience Program Act". Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015. See Act 2015, No. 1238, § 2.

This chapter shall be known and may be cited as the "Achieving a Better Life Experience Program Act".

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

See Act 2015, No. 1238, § 2.
Ark. Code Ann. § 20-59-501 — AR Code / Title 20 / Chapter 59 / Subchapter 5 / Section 20-59-501
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019. Acts 1981, No. 506, § 1; A.S.A. 1947, § 82-4016.

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019.

Acts 1981, No. 506, § 1; A.S.A. 1947, § 82-4016.
Ark. Code Ann. § 20-16-1508 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1508
Construction
Status: in_force

(a) This subchapter does not create or recognize a right to abortion. (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

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

(b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-77-1305 — AR Code / Title 20 / Chapter 77 / Subchapter 13 / Section 20-77-1305
Settlement
Status: in_force

The Secretary of the Department of Human Services may agree to settle an administrative sanction. The terms of the settlement shall be reduced to writing and signed by the parties to the agreement. The terms of the settlement shall be a public record. The settlement shall include the method and means of payment for recovery, including, but not limited to, adequate security for the full amount of the settlement. Amended by Act 2019, No. 910,§ 5236, eff. 7/1/2019. Acts 1999, No. 1544, § 5.

The Secretary of the Department of Human Services may agree to settle an administrative sanction. The terms of the settlement shall be reduced to writing and signed by the parties to the agreement. The terms of the settlement shall be a public record. The settlement shall include the method and means of payment for recovery, including, but not limited to, adequate security for the full amount of the settlement.

Amended by Act 2019, No. 910,§ 5236, eff. 7/1/2019.

Acts 1999, No. 1544, § 5.
Ark. Code Ann. § 20-9-1308 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1308
Relationship to other laws and regulations
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503 . (2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient. (b) This subchapter does not: (1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., or the confidentiality or immunity provisions of § 16-46-105 , § 17-1-102 , or § 20-9-501 et seq.; or (2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action. Amended by Act 2017, No. 975,§ 5, eff. 8/1/2017. Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.

(a) (1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503 . (2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.

(1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503 .

(2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.

(b) This subchapter does not: (1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., or the confidentiality or immunity provisions of § 16-46-105 , § 17-1-102 , or § 20-9-501 et seq.; or (2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.

(1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., or the confidentiality or immunity provisions of § 16-46-105 , § 17-1-102 , or § 20-9-501 et seq.; or

(2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.

Amended by Act 2017, No. 975,§ 5, eff. 8/1/2017.

Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-47-225 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-225
Liability for charges
Status: in_force

(a) Notwithstanding any statute enacted before January 1, 2011, receiving facilities and programs and the Arkansas State Hospital may make charges for patient treatment. (b) Persons legally liable for the support of a patient are liable jointly and severally with the patient and the estate of the patient for treatment charges. (c) Patient treatment charges may not exceed the actual cost of treatment. (d) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges that may be made by a receiving facility or program and the Arkansas State Hospital. (2) Rules establishing reasonable charges shall: (A) Provide for postponing the collection of charges based on clinical considerations or the patient's inability to pay, or both; and (B) Waive charges for treatment of defendants who plead guilty or nolo contendere or are found guilty at trial. Amended by Act 2017, No. 913,§ 82, eff. 8/1/2017. Acts 1989, No. 861, § 21; 2011, No. 991, § 4.

(a) Notwithstanding any statute enacted before January 1, 2011, receiving facilities and programs and the Arkansas State Hospital may make charges for patient treatment.

(b) Persons legally liable for the support of a patient are liable jointly and severally with the patient and the estate of the patient for treatment charges.

(c) Patient treatment charges may not exceed the actual cost of treatment.

(d) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges that may be made by a receiving facility or program and the Arkansas State Hospital. (2) Rules establishing reasonable charges shall: (A) Provide for postponing the collection of charges based on clinical considerations or the patient's inability to pay, or both; and (B) Waive charges for treatment of defendants who plead guilty or nolo contendere or are found guilty at trial.

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges that may be made by a receiving facility or program and the Arkansas State Hospital.

(2) Rules establishing reasonable charges shall: (A) Provide for postponing the collection of charges based on clinical considerations or the patient's inability to pay, or both; and (B) Waive charges for treatment of defendants who plead guilty or nolo contendere or are found guilty at trial.

(A) Provide for postponing the collection of charges based on clinical considerations or the patient's inability to pay, or both; and

(B) Waive charges for treatment of defendants who plead guilty or nolo contendere or are found guilty at trial.

Amended by Act 2017, No. 913,§ 82, eff. 8/1/2017.

Acts 1989, No. 861, § 21; 2011, No. 991, § 4.
Ark. Code Ann. § 20-77-502 — AR Code / Title 20 / Chapter 77 / Subchapter 5 / Section 20-77-502
Applicability
Status: in_force

(a) Nothing in this subchapter shall apply to any person who personally takes, carries, or transports a person with an injured or cut eye due to a current accidental injury or current trauma to any physician or surgeon licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., in an emergency, or personally calls any physician or surgeon on behalf of that person in an emergency. (b) Nothing in this subchapter shall apply to any person licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Optometry Practices Act, § 17-90-101 et seq., when that person is engaged in the practice of medicine as defined in § 17-95-202 or engaged in the practice of optometry as defined in § 17-90-101 . Acts 1973, No. 10, §§ 7, 8; A.S.A. 1947, §§ 83-1007, 83-1008.

(a) Nothing in this subchapter shall apply to any person who personally takes, carries, or transports a person with an injured or cut eye due to a current accidental injury or current trauma to any physician or surgeon licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., in an emergency, or personally calls any physician or surgeon on behalf of that person in an emergency.

(b) Nothing in this subchapter shall apply to any person licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Optometry Practices Act, § 17-90-101 et seq., when that person is engaged in the practice of medicine as defined in § 17-95-202 or engaged in the practice of optometry as defined in § 17-90-101 .

Acts 1973, No. 10, §§ 7, 8; A.S.A. 1947, §§ 83-1007, 83-1008.
Ark. Code Ann. § 20-77-137 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-137
Ridesharing application - Medicaid reimbursement - Definition
Status: in_force

(a) As used in this section, "ridesharing application" means an online application that connects a passenger with a driver who is licensed under the Transportation Network Company Services Act, § 23-13-701 et seq., for a fee. (b) The Arkansas Medicaid Program may reimburse for the fee incurred through ridesharing applications to healthcare facilities or offices of healthcare professionals for a Medicaid beneficiary. (c) Reimbursement shall not be available if the Medicaid beneficiary uses the ridesharing application to travel across state lines. Added by Act 2019, No. 952,§ 1, eff. 7/24/2019.

(a) As used in this section, "ridesharing application" means an online application that connects a passenger with a driver who is licensed under the Transportation Network Company Services Act, § 23-13-701 et seq., for a fee.

(b) The Arkansas Medicaid Program may reimburse for the fee incurred through ridesharing applications to healthcare facilities or offices of healthcare professionals for a Medicaid beneficiary.

(c) Reimbursement shall not be available if the Medicaid beneficiary uses the ridesharing application to travel across state lines.

Added by Act 2019, No. 952,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-15-304 — AR Code / Title 20 / Chapter 15 / Subchapter 3 / Section 20-15-304
Administration by Department of Health
Status: in_force

It shall be the duty of the Department of Health to: (1) Enforce this subchapter; (2) Prescribe the tests that may be administered in compliance with this subchapter; (3) Promulgate rules in conjunction with the Insurance Commissioner establishing: (A) What persons and institutions shall be required to obtain specimens from newborn infants in compliance with this subchapter; (B) The amount to be charged by the central laboratory for processing the specimens; and (C) The method of billing the charges to the persons and institutions; (4) Furnish copies of this subchapter and the rules promulgated pursuant to this subchapter to physicians, hospitals, or other institutions or persons required by its rules to have tests administered to newborn infants; (5) (A) Establish a central laboratory and to equip, staff, and operate the laboratory for the purpose of receiving specimens from physicians, hospitals, and institutions, to assure that tests are conducted, and to report findings resulting from the tests. (B) Initial laboratory screening tests for conditions under this subchapter shall be performed by the department or its designee ; (6) (A) Monitor positive test results and assist in treatment and care of affected infants, such follow-up procedures to begin no later than ten (10) days from the time a specimen is diagnosed as positive. (B) The department shall monitor infants to assure appropriate testing to confirm the condition suggested by the screening test results; and (7) Disseminate information and advice to the public concerning the dangers and effects of conditions for which screening is performed by or for the State of Arkansas. Amended by Act 2023, No. 490,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1936, eff. 7/24/2019. Acts 1967, No. 192, § 2; 1981, No. 481, § 2; A.S.A. 1947, § 82-626; Acts 1987, No. 573, § 2; 2003, No. 1293, § 2.

It shall be the duty of the Department of Health to:

(1) Enforce this subchapter;

(2) Prescribe the tests that may be administered in compliance with this subchapter;

(3) Promulgate rules in conjunction with the Insurance Commissioner establishing: (A) What persons and institutions shall be required to obtain specimens from newborn infants in compliance with this subchapter; (B) The amount to be charged by the central laboratory for processing the specimens; and (C) The method of billing the charges to the persons and institutions;

(A) What persons and institutions shall be required to obtain specimens from newborn infants in compliance with this subchapter;

(B) The amount to be charged by the central laboratory for processing the specimens; and

(C) The method of billing the charges to the persons and institutions;

(4) Furnish copies of this subchapter and the rules promulgated pursuant to this subchapter to physicians, hospitals, or other institutions or persons required by its rules to have tests administered to newborn infants;

(5) (A) Establish a central laboratory and to equip, staff, and operate the laboratory for the purpose of receiving specimens from physicians, hospitals, and institutions, to assure that tests are conducted, and to report findings resulting from the tests. (B) Initial laboratory screening tests for conditions under this subchapter shall be performed by the department or its designee ;

(A) Establish a central laboratory and to equip, staff, and operate the laboratory for the purpose of receiving specimens from physicians, hospitals, and institutions, to assure that tests are conducted, and to report findings resulting from the tests.

(B) Initial laboratory screening tests for conditions under this subchapter shall be performed by the department or its designee ;

(6) (A) Monitor positive test results and assist in treatment and care of affected infants, such follow-up procedures to begin no later than ten (10) days from the time a specimen is diagnosed as positive. (B) The department shall monitor infants to assure appropriate testing to confirm the condition suggested by the screening test results; and

(A) Monitor positive test results and assist in treatment and care of affected infants, such follow-up procedures to begin no later than ten (10) days from the time a specimen is diagnosed as positive.

(B) The department shall monitor infants to assure appropriate testing to confirm the condition suggested by the screening test results; and

(7) Disseminate information and advice to the public concerning the dangers and effects of conditions for which screening is performed by or for the State of Arkansas.

Amended by Act 2023, No. 490,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 1936, eff. 7/24/2019.

Acts 1967, No. 192, § 2; 1981, No. 481, § 2; A.S.A. 1947, § 82-626; Acts 1987, No. 573, § 2; 2003, No. 1293, § 2.
Ark. Code Ann. § 20-64-513 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-513
Injunctive powers
Status: in_force

The Arkansas State Board of Pharmacy may, in its discretion and in addition to various remedies provided by law under this subchapter, apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain violations of this subchapter or of any conduct which constitutes a clear and present danger to the public health and safety. Acts 1991, No. 739, § 12.

The Arkansas State Board of Pharmacy may, in its discretion and in addition to various remedies provided by law under this subchapter, apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain violations of this subchapter or of any conduct which constitutes a clear and present danger to the public health and safety.

Acts 1991, No. 739, § 12.
Ark. Code Ann. § 20-17-1107 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1107
Board of commissioners - Liability
Status: in_force

No member of the board of commissioners shall be liable for any damages unless it shall be made to appear that he or she had acted with a corrupt and malicious intent. Acts 1957, No. 318, § 12; A.S.A. 1947, § 20-1312.

No member of the board of commissioners shall be liable for any damages unless it shall be made to appear that he or she had acted with a corrupt and malicious intent.

Acts 1957, No. 318, § 12; A.S.A. 1947, § 20-1312.
Ark. Code Ann. § 20-83-106 — AR Code / Title 20 / Chapter 83 / Section 20-83-106
Farmer or vendor participation
Status: in_force

(a) To qualify for redemption of the nutrition supplement coupons, all farmers or vendors shall be Arkansas producers or shall represent Arkansas producers trained by the University of Arkansas Cooperative Extension Service to participate in the Arkansas Farmers' Market Nutrition Program. (b) All produce exchanged for nutrition supplement coupons shall be fresh and unprocessed fruits, vegetables, or nuts grown in Arkansas. Acts 1993, No. 1218, § 6.

(a) To qualify for redemption of the nutrition supplement coupons, all farmers or vendors shall be Arkansas producers or shall represent Arkansas producers trained by the University of Arkansas Cooperative Extension Service to participate in the Arkansas Farmers' Market Nutrition Program.

(b) All produce exchanged for nutrition supplement coupons shall be fresh and unprocessed fruits, vegetables, or nuts grown in Arkansas.

Acts 1993, No. 1218, § 6.
Ark. Code Ann. § 20-76-304 — AR Code / Title 20 / Chapter 76 / Subchapter 3 / Section 20-76-304
Validation of contracts between State of Arkansas and United States
Status: in_force

(a) Any executory contract or agreement, or applicable part thereof, entered into by and between this state, or any officer or agency thereof, and the United States, or any officer or agency thereof, in relation to the subject matter of this subchapter is validated, ratified, and confirmed in all respects. However, on and after October 10, 1961, the State Department for Social Security Administration Disability Determination shall be substituted for the state agency named in any contract or agreement in relation to the subject matter of this subchapter. (b) However, nothing contained in this section shall be construed as an abridgement of the right of the department, or of the Director of the State Department for Social Security Administration Disability Determination, to enter into a new agreement to succeed to any executory contract or agreement in relation to the subject matter of this subchapter. Acts 1961 (2nd Ex. Sess.), No. 14, § 5; A.S.A. 1947, § 83-805.

(a) Any executory contract or agreement, or applicable part thereof, entered into by and between this state, or any officer or agency thereof, and the United States, or any officer or agency thereof, in relation to the subject matter of this subchapter is validated, ratified, and confirmed in all respects. However, on and after October 10, 1961, the State Department for Social Security Administration Disability Determination shall be substituted for the state agency named in any contract or agreement in relation to the subject matter of this subchapter.

(b) However, nothing contained in this section shall be construed as an abridgement of the right of the department, or of the Director of the State Department for Social Security Administration Disability Determination, to enter into a new agreement to succeed to any executory contract or agreement in relation to the subject matter of this subchapter.

Acts 1961 (2nd Ex. Sess.), No. 14, § 5; A.S.A. 1947, § 83-805.
Ark. Code Ann. § 20-7-310 — AR Code / Title 20 / Chapter 7 / Subchapter 3 / Section 20-7-310
Construction with other laws
Status: in_force

Nothing in this act shall be construed to encourage, conflict, or otherwise interfere with the preemption of state and local laws under any federal laws or United States Department of Transportation regulations related to drug testing procedures and confidentiality. Acts 2003, No. 750, § 2.

Nothing in this act shall be construed to encourage, conflict, or otherwise interfere with the preemption of state and local laws under any federal laws or United States Department of Transportation regulations related to drug testing procedures and confidentiality.

Acts 2003, No. 750, § 2.
Ark. Code Ann. § 20-17-1019 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1019
Conveyance of lots
Status: in_force

(a) (1) An instrument conveying all or part of a burial lot or burial plot shall be issued to the purchaser upon full payment of the purchase price of the burial lot or burial plot. (2) The cemetery company shall not use an instrument to convey a burial lot or burial plot unless the form of the instrument has been provided to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (b) Only the cemetery company or its agents may sell or convey all or part of lots, grave spaces, crypts, or niches except that: (1) The owner of all or part of a lot, grave space, niche, or crypt may sell his or her interest in a lot, grave space, crypt, or niche if: (A) The lot, grave space, crypt, or niche is first offered in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots; and (B) The cemetery company refuses the offer within thirty (30) days after the offer is made; and (2) An owner may convey or devise to the cemetery company his or her interest in a lot, grave space, niche, or crypt. (c) The secretary or other responsible officer of the cemetery company shall file and record in its books all instruments of transfer. (d) The instrument of conveyance shall be signed by the persons having proper authority. (e) A mortgage or lien on cemetery land granted by a permit holder shall not encumber any burial space that has been sold before granting the mortgage or lien. (f) (1) To ensure that all burial spaces remain unencumbered, the permit holder shall file with the board before executing a mortgage or creating a lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by the proposed mortgagee or lienholder of any claim or right to any burial space for which an instrument of conveyance or deed has been or may be executed. (2) The failure of a permit holder to comply with the requirements of this subsection is grounds for the board to require an additional contribution to the permanent maintenance fund of the cemetery in an amount not exceeding one thousand dollars ($1,000) for each burial space encumbered. Amended by Act 2017, No. 788,§ 52, eff. 7/1/2018. Acts 1977, No. 352, § 18; A.S.A. 1947, § 82-426.18; Acts 2001, No. 1242, § 4; 2011, No. 590, § 9.

(a) (1) An instrument conveying all or part of a burial lot or burial plot shall be issued to the purchaser upon full payment of the purchase price of the burial lot or burial plot. (2) The cemetery company shall not use an instrument to convey a burial lot or burial plot unless the form of the instrument has been provided to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(1) An instrument conveying all or part of a burial lot or burial plot shall be issued to the purchaser upon full payment of the purchase price of the burial lot or burial plot.

(2) The cemetery company shall not use an instrument to convey a burial lot or burial plot unless the form of the instrument has been provided to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(b) Only the cemetery company or its agents may sell or convey all or part of lots, grave spaces, crypts, or niches except that: (1) The owner of all or part of a lot, grave space, niche, or crypt may sell his or her interest in a lot, grave space, crypt, or niche if: (A) The lot, grave space, crypt, or niche is first offered in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots; and (B) The cemetery company refuses the offer within thirty (30) days after the offer is made; and (2) An owner may convey or devise to the cemetery company his or her interest in a lot, grave space, niche, or crypt.

(1) The owner of all or part of a lot, grave space, niche, or crypt may sell his or her interest in a lot, grave space, crypt, or niche if: (A) The lot, grave space, crypt, or niche is first offered in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots; and (B) The cemetery company refuses the offer within thirty (30) days after the offer is made; and

(A) The lot, grave space, crypt, or niche is first offered in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots; and

(B) The cemetery company refuses the offer within thirty (30) days after the offer is made; and

(2) An owner may convey or devise to the cemetery company his or her interest in a lot, grave space, niche, or crypt.

(c) The secretary or other responsible officer of the cemetery company shall file and record in its books all instruments of transfer.

(d) The instrument of conveyance shall be signed by the persons having proper authority.

(e) A mortgage or lien on cemetery land granted by a permit holder shall not encumber any burial space that has been sold before granting the mortgage or lien.

(f) (1) To ensure that all burial spaces remain unencumbered, the permit holder shall file with the board before executing a mortgage or creating a lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by the proposed mortgagee or lienholder of any claim or right to any burial space for which an instrument of conveyance or deed has been or may be executed. (2) The failure of a permit holder to comply with the requirements of this subsection is grounds for the board to require an additional contribution to the permanent maintenance fund of the cemetery in an amount not exceeding one thousand dollars ($1,000) for each burial space encumbered.

(1) To ensure that all burial spaces remain unencumbered, the permit holder shall file with the board before executing a mortgage or creating a lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by the proposed mortgagee or lienholder of any claim or right to any burial space for which an instrument of conveyance or deed has been or may be executed.

(2) The failure of a permit holder to comply with the requirements of this subsection is grounds for the board to require an additional contribution to the permanent maintenance fund of the cemetery in an amount not exceeding one thousand dollars ($1,000) for each burial space encumbered.

Amended by Act 2017, No. 788,§ 52, eff. 7/1/2018.

Acts 1977, No. 352, § 18; A.S.A. 1947, § 82-426.18; Acts 2001, No. 1242, § 4; 2011, No. 590, § 9.
Ark. Code Ann. § 20-16-408 — AR Code / Title 20 / Chapter 16 / Subchapter 4 / Section 20-16-408
Nonliability
Status: in_force

No liability of any kind for damages or other relief shall arise or be enforced against any person or organization by reason of having provided information pursuant to this subchapter or by reason of having released or published the findings of research studies in order to reduce morbidity or mortality or to advance medical research or medical education based on information shared under this subchapter. Acts 1983, No. 773, § 4; A.S.A. 1947, § 82-4604.

No liability of any kind for damages or other relief shall arise or be enforced against any person or organization by reason of having provided information pursuant to this subchapter or by reason of having released or published the findings of research studies in order to reduce morbidity or mortality or to advance medical research or medical education based on information shared under this subchapter.

Acts 1983, No. 773, § 4; A.S.A. 1947, § 82-4604.
Ark. Code Ann. § 20-10-804 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-804
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 40, eff. 8/1/2017. Acts 1987, No. 956, § 8.

Repealed by Act 2017, No. 540,§ 40, eff. 8/1/2017.

Acts 1987, No. 956, § 8.
Ark. Code Ann. § 20-13-821 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-821
Rules
Status: in_force

The State Board of Health shall promulgate the rules necessary to implement and administer this subchapter. Acts 2009, No. 393, § 1.

The State Board of Health shall promulgate the rules necessary to implement and administer this subchapter.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-8-809 — AR Code / Title 20 / Chapter 8 / Subchapter 8 / Section 20-8-809
Rule promulgation
Status: in_force

The Department of Health shall promulgate rules necessary to implement this subchapter in a manner consistent with the purpose of this subchapter. Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.

The Department of Health shall promulgate rules necessary to implement this subchapter in a manner consistent with the purpose of this subchapter.

Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-17-1108 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1108
Formation of plans - Assessors and assessments generally
Status: in_force

(a) Upon the qualification of the commissioners, they shall form plans for the improvements they intend to make and the property and equipment they intend to purchase. (b) (1) The commissioners shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from making the improvements upon and the operation of the cemetery and shall fix their compensation. (2) The assessors shall take an oath that they will well and truly assess all annual benefits that will accrue to the landowners of the district by the making of the proposed improvement, and by the acquisition and operation of the cemetery. (c) The assessors shall thereupon proceed to assess the annual benefits to the lands within the district, shall inscribe in a book each tract of land, and shall extend opposite each tract of land, the amount of annual benefits that will accrue each year to the land by reason of the improvement. (d) (1) In case of any reassessment, the reassessment shall be advertised and equalized in the same manner as is provided in this section for making the original assessment. (2) The owners of all property whose assessment has been raised shall have the right to be heard and to appeal from the decision of the assessors, as in the original assessment. (e) The assessors shall place opposite each tract the name of the supposed owner, as shown by the last county assessment, but a mistake in the name shall not void the assessment, and the assessors shall correct errors which occur in the county assessment list. (f) The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold their offices at the pleasure of the board of commissioners. Acts 1957, No. 318, § 4; A.S.A. 1947, § 20-1304.

(a) Upon the qualification of the commissioners, they shall form plans for the improvements they intend to make and the property and equipment they intend to purchase.

(b) (1) The commissioners shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from making the improvements upon and the operation of the cemetery and shall fix their compensation. (2) The assessors shall take an oath that they will well and truly assess all annual benefits that will accrue to the landowners of the district by the making of the proposed improvement, and by the acquisition and operation of the cemetery.

(1) The commissioners shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from making the improvements upon and the operation of the cemetery and shall fix their compensation.

(2) The assessors shall take an oath that they will well and truly assess all annual benefits that will accrue to the landowners of the district by the making of the proposed improvement, and by the acquisition and operation of the cemetery.

(c) The assessors shall thereupon proceed to assess the annual benefits to the lands within the district, shall inscribe in a book each tract of land, and shall extend opposite each tract of land, the amount of annual benefits that will accrue each year to the land by reason of the improvement.

(d) (1) In case of any reassessment, the reassessment shall be advertised and equalized in the same manner as is provided in this section for making the original assessment. (2) The owners of all property whose assessment has been raised shall have the right to be heard and to appeal from the decision of the assessors, as in the original assessment.

(1) In case of any reassessment, the reassessment shall be advertised and equalized in the same manner as is provided in this section for making the original assessment.

(2) The owners of all property whose assessment has been raised shall have the right to be heard and to appeal from the decision of the assessors, as in the original assessment.

(e) The assessors shall place opposite each tract the name of the supposed owner, as shown by the last county assessment, but a mistake in the name shall not void the assessment, and the assessors shall correct errors which occur in the county assessment list.

(f) The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold their offices at the pleasure of the board of commissioners.

Acts 1957, No. 318, § 4; A.S.A. 1947, § 20-1304.
Ark. Code Ann. § 20-10-234 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-234
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 15, eff. 7/24/2019. Acts 1997, No. 1025, § 2.

Repealed by Act 2019, No. 389,§ 15, eff. 7/24/2019.

Acts 1997, No. 1025, § 2.
Ark. Code Ann. § 20-16-901 — AR Code / Title 20 / Chapter 16 / Subchapter 9 / Section 20-16-901
et seq - [Repealed]
Status: repealed

Repealed by Act 2015, No. 1086,§ 3, eff. 7/22/2015. Acts 2001, No. 353, § 1.

Repealed by Act 2015, No. 1086,§ 3, eff. 7/22/2015.

Acts 2001, No. 353, § 1.
Ark. Code Ann. § 20-14-304 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-304
Right to be accompanied by service animal - Penalty and restitution for killing or injuring a service animal or search and rescue dog - Definition
Status: in_force

(a) Every individual with visual, hearing, or other disabilities has the right to be accompanied by a service animal especially trained to do work or to perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in § 20-14-303 and to be accompanied by a service dog as defined in Title II and Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2017, and shall not be required to pay any extra fee or charge for the service animal. (b) However, any individual with visual, hearing, or other physical disabilities accompanied by a service animal in any public way, public place, public accommodation, or housing accommodation shall be liable for any damage caused to the premises or facilities by the animal. (c) As used in this section, "search and rescue dog" means any dog: (1) In training for or trained for the purpose of search and rescue; (2) Owned by an independent handler or a member of a search and rescue team; and (3) Used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson. (d) Any person who without just cause purposely kills or injures any service animal described in this section or any search and rescue dog is guilty of a Class D felony. (e) Any person who kills or injures any service animal described in this section or any search and rescue dog shall make restitution to the owner of the animal. Amended by Act 2017, No. 652,§ 2, eff. 8/1/2017. Acts 1973, No. 484, § 3; 1979, No. 574, § 1; A.S.A. 1947, § 82-2903; Acts 1995, No. 266, § 1; 1999, No. 571, § 2.

(a) Every individual with visual, hearing, or other disabilities has the right to be accompanied by a service animal especially trained to do work or to perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in § 20-14-303 and to be accompanied by a service dog as defined in Title II and Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2017, and shall not be required to pay any extra fee or charge for the service animal.

(b) However, any individual with visual, hearing, or other physical disabilities accompanied by a service animal in any public way, public place, public accommodation, or housing accommodation shall be liable for any damage caused to the premises or facilities by the animal.

(c) As used in this section, "search and rescue dog" means any dog: (1) In training for or trained for the purpose of search and rescue; (2) Owned by an independent handler or a member of a search and rescue team; and (3) Used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.

(1) In training for or trained for the purpose of search and rescue;

(2) Owned by an independent handler or a member of a search and rescue team; and

(3) Used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.

(d) Any person who without just cause purposely kills or injures any service animal described in this section or any search and rescue dog is guilty of a Class D felony.

(e) Any person who kills or injures any service animal described in this section or any search and rescue dog shall make restitution to the owner of the animal.

Amended by Act 2017, No. 652,§ 2, eff. 8/1/2017.

Acts 1973, No. 484, § 3; 1979, No. 574, § 1; A.S.A. 1947, § 82-2903; Acts 1995, No. 266, § 1; 1999, No. 571, § 2.
Ark. Code Ann. § 20-10-214 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-214
Penalties for sections 20-10-213 - 20-10-228
Status: in_force

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution or facility or any combination of separate entities working in concert within the meaning of §§ 20-10-213 - 20-10-228 without first obtaining a license therefor as provided or violating any provision of §§ 20-10-213 - 20-10-228 or rule lawfully promulgated under §§ 20-10-213 - 20-10-228 shall be guilty of a violation. (b) Upon conviction, the person, partnership, association, or corporation shall be liable for a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense nor more than one thousand dollars ($1,000) for each subsequent offense. (c) Each day that the institution shall operate after a first conviction shall be considered a subsequent offense. Amended by Act 2019, No. 315,§ 1867, eff. 7/24/2019. Acts 1961, No. 414, § 27; A.S.A. 1947, § 82-353; Acts 1993, No. 1238, § 5; 2005, No. 1994, § 110.

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution or facility or any combination of separate entities working in concert within the meaning of §§ 20-10-213 - 20-10-228 without first obtaining a license therefor as provided or violating any provision of §§ 20-10-213 - 20-10-228 or rule lawfully promulgated under §§ 20-10-213 - 20-10-228 shall be guilty of a violation.

(b) Upon conviction, the person, partnership, association, or corporation shall be liable for a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense nor more than one thousand dollars ($1,000) for each subsequent offense.

(c) Each day that the institution shall operate after a first conviction shall be considered a subsequent offense.

Amended by Act 2019, No. 315,§ 1867, eff. 7/24/2019.

Acts 1961, No. 414, § 27; A.S.A. 1947, § 82-353; Acts 1993, No. 1238, § 5; 2005, No. 1994, § 110.
Ark. Code Ann. § 20-77-1504 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1504
Coordination with local health education center programs
Status: in_force

Whenever feasible, community-based health cooperatives shall participate actively with area health education center programs in developing and implementing recruitment, training, and retention programs directed at positively influencing the supply and distribution of healthcare professionals serving in or receiving training in rural health network areas. Acts 2003, No. 660, § 4.

Whenever feasible, community-based health cooperatives shall participate actively with area health education center programs in developing and implementing recruitment, training, and retention programs directed at positively influencing the supply and distribution of healthcare professionals serving in or receiving training in rural health network areas.

Acts 2003, No. 660, § 4.
Ark. Code Ann. § 20-16-203 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-203
Advisory commission - Members - Functions
Status: in_force

(a) The Arkansas Reproductive Health Monitoring System shall be administered with the advice of an advisory commission appointed to one-year renewable terms by the Medical Director of the Arkansas Reproductive Health Monitoring System. (b) The functions of the commission are to: (1) Advise the Medical Director of the Arkansas Reproductive Health Monitoring System as to the adequacy of policies, procedures, and performance of the system; (2) Promote the purposes of the system and assist in identification of appropriate funding sources; (3) Promote interagency cooperation toward the goals of the system; and (4) Review mechanisms ensuring the maintenance of the confidentiality of personal data. (c) The commission shall be composed of the following state agency members, professional members, and public members: (1) The Medical Director of Arkansas Children's Hospital; (2) The Chancellor of the University of Arkansas for Medical Sciences; (3) The Secretary of the Department of Health; (4) The Director of the National Center for Toxicological Research; (5) One (1) representative of the Arkansas Chapter, American Academy of Pediatrics; (6) One (1) representative of the Arkansas Society for Obstetrics and Gynecology; (7) One (1) representative of the Arkansas Hospital Association, Inc.; (8) Two (2) consumer representatives; (9) One (1) member from the House Committee on Public Health, Welfare, and Labor and one (1) member from the Senate Committee on Public Health, Welfare, and Labor; and (10) Up to six (6) additional members at large may be appointed. (d) Members of the commission who are not employees of the state may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 910,§ 5010, eff. 7/1/2019. Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015. Acts 1985, No. 214, §§ 4, 11; A.S.A. 1947, §§ 82-4611, 82-4618; Acts 1997, No. 250, § 188; 1999, No. 1164, § 173.

(a) The Arkansas Reproductive Health Monitoring System shall be administered with the advice of an advisory commission appointed to one-year renewable terms by the Medical Director of the Arkansas Reproductive Health Monitoring System.

(b) The functions of the commission are to: (1) Advise the Medical Director of the Arkansas Reproductive Health Monitoring System as to the adequacy of policies, procedures, and performance of the system; (2) Promote the purposes of the system and assist in identification of appropriate funding sources; (3) Promote interagency cooperation toward the goals of the system; and (4) Review mechanisms ensuring the maintenance of the confidentiality of personal data.

(1) Advise the Medical Director of the Arkansas Reproductive Health Monitoring System as to the adequacy of policies, procedures, and performance of the system;

(2) Promote the purposes of the system and assist in identification of appropriate funding sources;

(3) Promote interagency cooperation toward the goals of the system; and

(4) Review mechanisms ensuring the maintenance of the confidentiality of personal data.

(c) The commission shall be composed of the following state agency members, professional members, and public members: (1) The Medical Director of Arkansas Children's Hospital; (2) The Chancellor of the University of Arkansas for Medical Sciences; (3) The Secretary of the Department of Health; (4) The Director of the National Center for Toxicological Research; (5) One (1) representative of the Arkansas Chapter, American Academy of Pediatrics; (6) One (1) representative of the Arkansas Society for Obstetrics and Gynecology; (7) One (1) representative of the Arkansas Hospital Association, Inc.; (8) Two (2) consumer representatives; (9) One (1) member from the House Committee on Public Health, Welfare, and Labor and one (1) member from the Senate Committee on Public Health, Welfare, and Labor; and (10) Up to six (6) additional members at large may be appointed.

(1) The Medical Director of Arkansas Children's Hospital;

(2) The Chancellor of the University of Arkansas for Medical Sciences;

(3) The Secretary of the Department of Health;

(4) The Director of the National Center for Toxicological Research;

(5) One (1) representative of the Arkansas Chapter, American Academy of Pediatrics;

(6) One (1) representative of the Arkansas Society for Obstetrics and Gynecology;

(7) One (1) representative of the Arkansas Hospital Association, Inc.;

(8) Two (2) consumer representatives;

(9) One (1) member from the House Committee on Public Health, Welfare, and Labor and one (1) member from the Senate Committee on Public Health, Welfare, and Labor; and

(10) Up to six (6) additional members at large may be appointed.

(d) Members of the commission who are not employees of the state may receive expense reimbursement in accordance with § 25-16-901 et seq.

Amended by Act 2019, No. 910,§ 5010, eff. 7/1/2019.

Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015.

Acts 1985, No. 214, §§ 4, 11; A.S.A. 1947, §§ 82-4611, 82-4618; Acts 1997, No. 250, § 188; 1999, No. 1164, § 173.
Ark. Code Ann. § 20-77-302 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-302
Action by recipient alone - Reimbursement of division
Status: in_force

(a) When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program. (b) In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient. Acts 1979, No. 419, § 2; 1981, No. 500, §§ 1, 2; A.S.A. 1947, § 83-171.1; Acts 1987, No. 463, § 1.

(a) When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program.

(b) In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient.

Acts 1979, No. 419, § 2; 1981, No. 500, §§ 1, 2; A.S.A. 1947, § 83-171.1; Acts 1987, No. 463, § 1.
Ark. Code Ann. § 20-10-501 — AR Code / Title 20 / Chapter 10 / Subchapter 5 / Section 20-10-501
Definitions
Status: in_force

As used in this subchapter: (1) "Committees" means the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to whom the state agencies in the long-term care network will report the progress of this effort; (2) "Long-term care and related community-based services" means preventive, diagnostic, therapeutic, rehabilitative, and maintenance services available in the home and a variety of protected environments, including institutions, provided to persons, regardless of age, whose capabilities have been impaired by physical, mental, or emotional disability; and (3) "State agencies" means the Department of Human Services and any other state agency which administers funds for long-term care and related community-based services. Acts 1981, No. 380, § 1; A.S.A. 1947, § 82-2226; Acts 1997, No. 179, § 24.

As used in this subchapter:

(1) "Committees" means the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to whom the state agencies in the long-term care network will report the progress of this effort;

(2) "Long-term care and related community-based services" means preventive, diagnostic, therapeutic, rehabilitative, and maintenance services available in the home and a variety of protected environments, including institutions, provided to persons, regardless of age, whose capabilities have been impaired by physical, mental, or emotional disability; and

(3) "State agencies" means the Department of Human Services and any other state agency which administers funds for long-term care and related community-based services.

Acts 1981, No. 380, § 1; A.S.A. 1947, § 82-2226; Acts 1997, No. 179, § 24.
Ark. Code Ann. § 20-20-201 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-201
Title
Status: in_force

This subchapter shall be cited as the "Arkansas Pesticide Use and Application Act". Acts 1975, No. 389, § 1; A.S.A. 1947, § 77-251.

This subchapter shall be cited as the "Arkansas Pesticide Use and Application Act".

Acts 1975, No. 389, § 1; A.S.A. 1947, § 77-251.
Ark. Code Ann. § 20-78-216 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-216
Records and reports
Status: in_force

The Division of Child Care and Early Childhood Education may by published rules require that a licensed childcare facility keep and make available to the division records and periodic reports as shall be necessary to assist the division in determining whether the requirements of this subchapter and of the division's rules regarding childcare facilities are being complied with. Amended by Act 2019, No. 315,§ 2290, eff. 7/24/2019. Acts 1969, No. 434, § 9; A.S.A. 1947, § 83-909; Acts 1997, No. 1132, § 15.

The Division of Child Care and Early Childhood Education may by published rules require that a licensed childcare facility keep and make available to the division records and periodic reports as shall be necessary to assist the division in determining whether the requirements of this subchapter and of the division's rules regarding childcare facilities are being complied with.

Amended by Act 2019, No. 315,§ 2290, eff. 7/24/2019.

Acts 1969, No. 434, § 9; A.S.A. 1947, § 83-909; Acts 1997, No. 1132, § 15.
Ark. Code Ann. § 20-3-105 — AR Code / Title 20 / Chapter 3 / Section 20-3-105
Achieving a Better Life Experience Program Committee - Administration - Authority - Powers
Status: in_force

(a) This chapter shall be administered by the Achieving a Better Life Experience Program Committee, which shall be composed of: (1) The Secretary of the Department of Human Services, or his or her designee; (2) The Commissioner of Arkansas Rehabilitation Services, or his or her designee; and (3) The Treasurer of State, or his or her designee. (b) The Treasurer of State shall: (1) Manage the Achieving a Better Life Experience Program Trust under § 20-3-104 for the committee; (2) Provide office space, staff, and materials for the committee; (3) Perform other services necessary to implement this chapter; and (4) Conduct outreach and engage in financial educational activities with individuals with disabilities, stakeholders within the community of individuals with disabilities, and their support system. (c) The committee shall adopt rules necessary to administer this chapter and to ensure compliance with the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295 and federal regulations under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295. (d) The committee shall: (1) Establish, develop, implement, and maintain the Achieving a Better Life Experience Program in a manner consistent with this chapter and an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, and obtain the benefits provided by an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, for the Achieving a Better Life Experience Program, account owners, and designated beneficiaries; (2) Adopt rules for the general administration of the Achieving a Better Life Experience Program; (3) Maintain, invest, and reinvest the funds contributed into the Achieving a Better Life Experience Program consistent with the investment restrictions established by the committee and the standard of care described in the prudent investor rule under § 24-2-611 ; and (4) (A) Make and enter into contracts, agreements, or arrangements and retain, employ, and contract for the services of financial institutions, depositories, consultants, broker-dealers, investment advisors or managers, third-party plan administrators, and research, technical, and other services necessary or desirable for carrying out the purposes of this chapter. (B) Contracts entered into by the committee may be for a term of one to ten (1-10) years. Amended by Act 2023, No. 182,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5173, eff. 7/1/2019. Amended by Act 2017, No. 324,§ 1, eff. 3/2/2017. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

(a) This chapter shall be administered by the Achieving a Better Life Experience Program Committee, which shall be composed of: (1) The Secretary of the Department of Human Services, or his or her designee; (2) The Commissioner of Arkansas Rehabilitation Services, or his or her designee; and (3) The Treasurer of State, or his or her designee.

(1) The Secretary of the Department of Human Services, or his or her designee;

(2) The Commissioner of Arkansas Rehabilitation Services, or his or her designee; and

(3) The Treasurer of State, or his or her designee.

(b) The Treasurer of State shall: (1) Manage the Achieving a Better Life Experience Program Trust under § 20-3-104 for the committee; (2) Provide office space, staff, and materials for the committee; (3) Perform other services necessary to implement this chapter; and (4) Conduct outreach and engage in financial educational activities with individuals with disabilities, stakeholders within the community of individuals with disabilities, and their support system.

(1) Manage the Achieving a Better Life Experience Program Trust under § 20-3-104 for the committee;

(2) Provide office space, staff, and materials for the committee;

(3) Perform other services necessary to implement this chapter; and

(4) Conduct outreach and engage in financial educational activities with individuals with disabilities, stakeholders within the community of individuals with disabilities, and their support system.

(c) The committee shall adopt rules necessary to administer this chapter and to ensure compliance with the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295 and federal regulations under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.

(d) The committee shall: (1) Establish, develop, implement, and maintain the Achieving a Better Life Experience Program in a manner consistent with this chapter and an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, and obtain the benefits provided by an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, for the Achieving a Better Life Experience Program, account owners, and designated beneficiaries; (2) Adopt rules for the general administration of the Achieving a Better Life Experience Program; (3) Maintain, invest, and reinvest the funds contributed into the Achieving a Better Life Experience Program consistent with the investment restrictions established by the committee and the standard of care described in the prudent investor rule under § 24-2-611 ; and (4) (A) Make and enter into contracts, agreements, or arrangements and retain, employ, and contract for the services of financial institutions, depositories, consultants, broker-dealers, investment advisors or managers, third-party plan administrators, and research, technical, and other services necessary or desirable for carrying out the purposes of this chapter. (B) Contracts entered into by the committee may be for a term of one to ten (1-10) years.

(1) Establish, develop, implement, and maintain the Achieving a Better Life Experience Program in a manner consistent with this chapter and an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, and obtain the benefits provided by an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, for the Achieving a Better Life Experience Program, account owners, and designated beneficiaries;

(2) Adopt rules for the general administration of the Achieving a Better Life Experience Program;

(3) Maintain, invest, and reinvest the funds contributed into the Achieving a Better Life Experience Program consistent with the investment restrictions established by the committee and the standard of care described in the prudent investor rule under § 24-2-611 ; and

(4) (A) Make and enter into contracts, agreements, or arrangements and retain, employ, and contract for the services of financial institutions, depositories, consultants, broker-dealers, investment advisors or managers, third-party plan administrators, and research, technical, and other services necessary or desirable for carrying out the purposes of this chapter. (B) Contracts entered into by the committee may be for a term of one to ten (1-10) years.

(A) Make and enter into contracts, agreements, or arrangements and retain, employ, and contract for the services of financial institutions, depositories, consultants, broker-dealers, investment advisors or managers, third-party plan administrators, and research, technical, and other services necessary or desirable for carrying out the purposes of this chapter.

(B) Contracts entered into by the committee may be for a term of one to ten (1-10) years.

Amended by Act 2023, No. 182,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5173, eff. 7/1/2019.

Amended by Act 2017, No. 324,§ 1, eff. 3/2/2017.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-17-1307 — AR Code / Title 20 / Chapter 17 / Subchapter 13 / Section 20-17-1307
Grant payments - Amount
Status: in_force

(a) The Insurance Commissioner shall make grant payments under this subchapter from: (1) Funds appropriated by the General Assembly for that purpose; or (2) Excess funds transferred under § 20-17-1025 to the Insolvent Cemetery Grant Fund from the Insolvent Cemetery Loan Fund. (b) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall not grant more than thirty-five thousand dollars ($35,000) in a fiscal year to an eligible organization for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress under this subchapter. Amended by Act 2017, No. 788,§ 66, eff. 7/1/2018. Amended by Act 2015, No. 990,§ 3, eff. 7/22/2015. Acts 2009, No. 429, § 3.

(a) The Insurance Commissioner shall make grant payments under this subchapter from: (1) Funds appropriated by the General Assembly for that purpose; or (2) Excess funds transferred under § 20-17-1025 to the Insolvent Cemetery Grant Fund from the Insolvent Cemetery Loan Fund.

(1) Funds appropriated by the General Assembly for that purpose; or

(2) Excess funds transferred under § 20-17-1025 to the Insolvent Cemetery Grant Fund from the Insolvent Cemetery Loan Fund.

(b) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall not grant more than thirty-five thousand dollars ($35,000) in a fiscal year to an eligible organization for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress under this subchapter.

Amended by Act 2017, No. 788,§ 66, eff. 7/1/2018.

Amended by Act 2015, No. 990,§ 3, eff. 7/22/2015.

Acts 2009, No. 429, § 3.
Ark. Code Ann. § 20-26-206 — AR Code / Title 20 / Chapter 26 / Subchapter 2 / Section 20-26-206
Guest register required
Status: in_force

(a) Every person operating a tourist camp, hotel, or rooming house shall provide and keep a register in which shall be entered the name and address of every guest to whom accommodations are hired or given. (b) If a guest is traveling by automobile, the license number and state designation shall be registered. Acts 1945, No. 110, § 2; A.S.A. 1947, § 71-1102.

(a) Every person operating a tourist camp, hotel, or rooming house shall provide and keep a register in which shall be entered the name and address of every guest to whom accommodations are hired or given.

(b) If a guest is traveling by automobile, the license number and state designation shall be registered.

Acts 1945, No. 110, § 2; A.S.A. 1947, § 71-1102.
Ark. Code Ann. § 20-77-2704 — AR Code / Title 20 / Chapter 77 / Subchapter 27 / Section 20-77-2704
Licensure by Insurance Commissioner
Status: in_force

(a) The Insurance Commissioner may license for participation in the Medicaid provider-led organized care system one (1) or more risk-based provider organizations that satisfactorily meet licensure requirements and are capable of coordinating the delivery and payment of healthcare services for the enrollable Medicaid beneficiary populations. (b) The commissioner shall require a risk-based provider organization to enroll members of covered Medicaid beneficiary populations statewide. Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.

(a) The Insurance Commissioner may license for participation in the Medicaid provider-led organized care system one (1) or more risk-based provider organizations that satisfactorily meet licensure requirements and are capable of coordinating the delivery and payment of healthcare services for the enrollable Medicaid beneficiary populations.

(b) The commissioner shall require a risk-based provider organization to enroll members of covered Medicaid beneficiary populations statewide.

Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Ark. Code Ann. § 20-26-304 — AR Code / Title 20 / Chapter 26 / Subchapter 3 / Section 20-26-304
Baggage and other property of potential or past guests
Status: in_force

Whenever any person shall allow his or her baggage or property to remain in any inn or hotel, after leaving it as a guest, and after the relation of innkeeper and guest between the guest and the proprietors of the inn or hotel has ceased, or shall forward it to the inn or hotel before becoming a guest thereof, and it shall be received into the inn or hotel, an innkeeper may, at his or her option, hold the baggage or property at the owner's risk. Acts 1913, No. 217, § 2b; C. & M. Dig., § 5567; Pope's Dig., § 7205; Acts 1975, No. 838, § 1; A.S.A. 1947, § 71-1110.

Whenever any person shall allow his or her baggage or property to remain in any inn or hotel, after leaving it as a guest, and after the relation of innkeeper and guest between the guest and the proprietors of the inn or hotel has ceased, or shall forward it to the inn or hotel before becoming a guest thereof, and it shall be received into the inn or hotel, an innkeeper may, at his or her option, hold the baggage or property at the owner's risk.

Acts 1913, No. 217, § 2b; C. & M. Dig., § 5567; Pope's Dig., § 7205; Acts 1975, No. 838, § 1; A.S.A. 1947, § 71-1110.
Ark. Code Ann. § 20-26-305 — AR Code / Title 20 / Chapter 26 / Subchapter 3 / Section 20-26-305
Lien on guest baggage and other property
Status: in_force

(a) The keeper of any inn, hotel, rooming house, or boardinghouse, whether individual, partnership, corporation, or private home, shall have a lien on the baggage and other property in and about the inn, hotel, rooming house, boardinghouse, or private home belonging to or under the control of his or her guests or boarders for the proper charges due him or her from guests or boarders for the accommodation, board, and lodging, for all moneys paid for or advanced to them not to exceed the sum of two hundred dollars ($200), and for other extras that are furnished at their request. (b) An innkeeper, hotel, rooming house, or boardinghouse keeper, or owner of a private home shall have the right to detain baggage and other property until the amount of charges is paid. (c) The baggage and other property shall be exempt from attachment or execution until the innkeeper's lien and the costs of satisfying it are satisfied. (d) The innkeeper or hotelkeeper shall retain baggage and other property upon which he or she has a lien for a period of ninety (90) days. At the expiration of that time, if the lien is not satisfied, he or she may sell the baggage and other property at public auction, after: (1) Giving ten (10) days' notice of the time and place of sale in a newspaper of circulation in the county where the inn or hotel is situated; and (2) Mailing a copy of the notice addressed to the guest or boarder at the place of residence registered by him or her in the register of the inn or hotel. Acts 1913, No. 217, §§ 2c, 2d; C. & M. Dig., §§ 5568, 5569; Pope's Dig., §§ 7206, 7207; Acts 1939, No. 29, § 1; A.S.A. 1947, §§ 71-1111, 71-1112.

(a) The keeper of any inn, hotel, rooming house, or boardinghouse, whether individual, partnership, corporation, or private home, shall have a lien on the baggage and other property in and about the inn, hotel, rooming house, boardinghouse, or private home belonging to or under the control of his or her guests or boarders for the proper charges due him or her from guests or boarders for the accommodation, board, and lodging, for all moneys paid for or advanced to them not to exceed the sum of two hundred dollars ($200), and for other extras that are furnished at their request.

(b) An innkeeper, hotel, rooming house, or boardinghouse keeper, or owner of a private home shall have the right to detain baggage and other property until the amount of charges is paid.

(c) The baggage and other property shall be exempt from attachment or execution until the innkeeper's lien and the costs of satisfying it are satisfied.

(d) The innkeeper or hotelkeeper shall retain baggage and other property upon which he or she has a lien for a period of ninety (90) days. At the expiration of that time, if the lien is not satisfied, he or she may sell the baggage and other property at public auction, after: (1) Giving ten (10) days' notice of the time and place of sale in a newspaper of circulation in the county where the inn or hotel is situated; and (2) Mailing a copy of the notice addressed to the guest or boarder at the place of residence registered by him or her in the register of the inn or hotel.

(1) Giving ten (10) days' notice of the time and place of sale in a newspaper of circulation in the county where the inn or hotel is situated; and

(2) Mailing a copy of the notice addressed to the guest or boarder at the place of residence registered by him or her in the register of the inn or hotel.

Acts 1913, No. 217, §§ 2c, 2d; C. & M. Dig., §§ 5568, 5569; Pope's Dig., §§ 7206, 7207; Acts 1939, No. 29, § 1; A.S.A. 1947, §§ 71-1111, 71-1112.
Ark. Code Ann. § 20-78-213 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-213
License - Denial, revocation, or suspension
Status: in_force

(a) The Division of Child Care and Early Childhood Education shall have the power to deny, revoke, or suspend a license for a childcare facility if an applicant or licensee has failed to comply with the provisions of this subchapter or any published rule of the division, subject to appeal before the Child Care Appeal Review Panel. (b) If a license is denied, revoked, or suspended, the denial, revocation, or suspension shall be effective when made. The division shall notify the applicant or licensee of the action in writing and set out the basis for the denial, revocation, or suspension of the license. Amended by Act 2019, No. 315,§ 2286, eff. 7/24/2019. Acts 1969, No. 434, § 10; A.S.A. 1947, § 83-910; Acts 1997, No. 1132, § 12; 1999, No. 1222, § 12.

(a) The Division of Child Care and Early Childhood Education shall have the power to deny, revoke, or suspend a license for a childcare facility if an applicant or licensee has failed to comply with the provisions of this subchapter or any published rule of the division, subject to appeal before the Child Care Appeal Review Panel.

(b) If a license is denied, revoked, or suspended, the denial, revocation, or suspension shall be effective when made. The division shall notify the applicant or licensee of the action in writing and set out the basis for the denial, revocation, or suspension of the license.

Amended by Act 2019, No. 315,§ 2286, eff. 7/24/2019.

Acts 1969, No. 434, § 10; A.S.A. 1947, § 83-910; Acts 1997, No. 1132, § 12; 1999, No. 1222, § 12.
Ark. Code Ann. § 20-76-429 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-429
Receipt of additional property or income by assistance recipient
Status: in_force

(a) If at any time during the continuance of assistance the recipient thereof becomes possessed of any property or income in excess of the amount stated in the application for assistance, it shall be the duty of the recipient immediately to notify the county office of the receipt or possession of the property or income. The Department of Human Services may either cancel the assistance or alter the amount thereof in accordance with the circumstances. (b) Any assistance paid after the recipient has come into the possession of the property or income and in excess of his or her need shall be recoverable by the state as a debt due the state. Acts 1939, No. 280, § 30; A.S.A. 1947, § 83-136; Acts 1997, No. 1058, § 20.

(a) If at any time during the continuance of assistance the recipient thereof becomes possessed of any property or income in excess of the amount stated in the application for assistance, it shall be the duty of the recipient immediately to notify the county office of the receipt or possession of the property or income. The Department of Human Services may either cancel the assistance or alter the amount thereof in accordance with the circumstances.

(b) Any assistance paid after the recipient has come into the possession of the property or income and in excess of his or her need shall be recoverable by the state as a debt due the state.

Acts 1939, No. 280, § 30; A.S.A. 1947, § 83-136; Acts 1997, No. 1058, § 20.
Ark. Code Ann. § 20-23-103 — AR Code / Title 20 / Chapter 23 / Subchapter 1 / Section 20-23-103
Enforcement
Status: in_force

(a) The criminal penalties provided by this chapter shall be enforced by the prosecuting attorney of each judicial district. The administrative penalties provided by this chapter shall be imposed pursuant to rules of the Director of the Division of Labor. (b) The director may collect an administrative penalty imposed pursuant to this chapter in a civil action in a court of competent jurisdiction, and he or she shall not be required to pay costs or to enter a bond for payment of costs. Amended by Act 2019, No. 315,§ 2049, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5451, eff. 7/1/2019. Acts 1961, No. 494, § 6; 1970 (Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1999, No. 982, § 3.

(a) The criminal penalties provided by this chapter shall be enforced by the prosecuting attorney of each judicial district. The administrative penalties provided by this chapter shall be imposed pursuant to rules of the Director of the Division of Labor.

(b) The director may collect an administrative penalty imposed pursuant to this chapter in a civil action in a court of competent jurisdiction, and he or she shall not be required to pay costs or to enter a bond for payment of costs.

Amended by Act 2019, No. 315,§ 2049, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5451, eff. 7/1/2019.

Acts 1961, No. 494, § 6; 1970 (Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1999, No. 982, § 3.
Ark. Code Ann. § 20-76-437 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-437
Reporting - Transitional employment assistance
Status: in_force

The Department of Human Services shall report periodically to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor regarding the provision of services to Transitional Employment Assistance Program recipients. Amended by Act 2023, No. 832,§ 13, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 527, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 65, eff. 8/1/2017. Acts 1997, No. 1058, § 17; 1999, No. 1567, § 17.

The Department of Human Services shall report periodically to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor regarding the provision of services to Transitional Employment Assistance Program recipients.

Amended by Act 2023, No. 832,§ 13, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 527, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 65, eff. 8/1/2017.

Acts 1997, No. 1058, § 17; 1999, No. 1567, § 17.
Ark. Code Ann. § 20-20-202 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-202
Legislative intent
Status: in_force

(a) The purpose of this subchapter is to regulate in the public interest the distribution, use, and application of pesticides to control pests. (b) Pesticides perform a valuable role in protecting humans and the environment, including agricultural production, from insects, rodents, weeds, and other forms of life which may be pests, but it is essential to the public health and welfare that they be used properly to prevent unreasonable adverse effects on humans and the environment. (c) It is deemed necessary to provide for regulation of the distribution, use, and application of these pesticides. Acts 1975, No. 389, § 3; A.S.A. 1947, § 77-253.

(a) The purpose of this subchapter is to regulate in the public interest the distribution, use, and application of pesticides to control pests.

(b) Pesticides perform a valuable role in protecting humans and the environment, including agricultural production, from insects, rodents, weeds, and other forms of life which may be pests, but it is essential to the public health and welfare that they be used properly to prevent unreasonable adverse effects on humans and the environment.

(c) It is deemed necessary to provide for regulation of the distribution, use, and application of these pesticides.

Acts 1975, No. 389, § 3; A.S.A. 1947, § 77-253.
Ark. Code Ann. § 20-64-314 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-314
Depressant and stimulant drugs - Limitations on filling of prescriptions
Status: in_force

(a) (1) (A) A prescription for a depressant or stimulant drug shall not be filled or refilled more than six (6) months after the date on which the prescription was issued. (B) A prescription that is authorized to be refilled shall not be refilled more than five (5) times. (2) However, this subchapter does not prevent a practitioner from issuing a new written prescription for the same drug. (b) If no indication of refill status is indicated on the prescription, it shall not be refilled. Amended by Act 2013, No. 1331,§ 9, eff. 8/16/2013. Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.

(a) (1) (A) A prescription for a depressant or stimulant drug shall not be filled or refilled more than six (6) months after the date on which the prescription was issued. (B) A prescription that is authorized to be refilled shall not be refilled more than five (5) times. (2) However, this subchapter does not prevent a practitioner from issuing a new written prescription for the same drug.

(1) (A) A prescription for a depressant or stimulant drug shall not be filled or refilled more than six (6) months after the date on which the prescription was issued. (B) A prescription that is authorized to be refilled shall not be refilled more than five (5) times.

(A) A prescription for a depressant or stimulant drug shall not be filled or refilled more than six (6) months after the date on which the prescription was issued.

(B) A prescription that is authorized to be refilled shall not be refilled more than five (5) times.

(2) However, this subchapter does not prevent a practitioner from issuing a new written prescription for the same drug.

(b) If no indication of refill status is indicated on the prescription, it shall not be refilled.

Amended by Act 2013, No. 1331,§ 9, eff. 8/16/2013.

Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Ark. Code Ann. § 20-22-202 — AR Code / Title 20 / Chapter 22 / Subchapter 2 / Section 20-22-202
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 27, eff. 7/1/2023. Acts 1979, No. 852, §§ 5, 6; 1983, No. 690, § 3; A.S.A. 1947, §§ 19-2169, 19-2170; Acts 1997, No. 250, § 193; 2007, No. 708, § 1.

Repealed by Act 2023, No. 841,§ 27, eff. 7/1/2023.

Acts 1979, No. 852, §§ 5, 6; 1983, No. 690, § 3; A.S.A. 1947, §§ 19-2169, 19-2170; Acts 1997, No. 250, § 193; 2007, No. 708, § 1.
Ark. Code Ann. § 20-48-419 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-419
Prohibition on closure of human development centers
Status: in_force

The Board of Developmental Disabilities Services and the Department of Human Services shall not close any of the existing five (5) human development centers. Added by Act 2023, No. 863,§ 12, eff. 7/1/2023.

The Board of Developmental Disabilities Services and the Department of Human Services shall not close any of the existing five (5) human development centers.

Added by Act 2023, No. 863,§ 12, eff. 7/1/2023.
Ark. Code Ann. § 20-59-246 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-246
Manufacturing milk permit
Status: in_force

(a) Every dairy which produces milk or cream to be used for manufacturing purposes shall be required to procure from the Secretary of the Department of Health a manufacturing milk permit. (b) Any dairy may obtain a manufacturing milk permit by paying an annual permit fee of twenty-five dollars ($25.00) to the Department of Health and by meeting the minimum requirements of the Rules Pertaining to Milk for Manufacturing Purposes. (c) Permit fees shall be due by June 30 of each year. Grade "A" dairies with suspended permits and selling milk for manufacturing purposes will be given a ninety-day exemption from the requirement of obtaining a manufacturing milk permit if they meet the requirements of a manufactured milk producer. Amended by Act 2019, No. 315,§ 2195, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5066, eff. 7/1/2019. Acts 1941, No. 114, § 4; A.S.A 1947 § 82-915; Acts 1987, No. 534, § 1.

(a) Every dairy which produces milk or cream to be used for manufacturing purposes shall be required to procure from the Secretary of the Department of Health a manufacturing milk permit.

(b) Any dairy may obtain a manufacturing milk permit by paying an annual permit fee of twenty-five dollars ($25.00) to the Department of Health and by meeting the minimum requirements of the Rules Pertaining to Milk for Manufacturing Purposes.

(c) Permit fees shall be due by June 30 of each year. Grade "A" dairies with suspended permits and selling milk for manufacturing purposes will be given a ninety-day exemption from the requirement of obtaining a manufacturing milk permit if they meet the requirements of a manufactured milk producer.

Amended by Act 2019, No. 315,§ 2195, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5066, eff. 7/1/2019.

Acts 1941, No. 114, § 4; A.S.A 1947 § 82-915; Acts 1987, No. 534, § 1.