Ark. Code Ann. § 20-18-408 — AR Code / Title 20 / Chapter 18 / Subchapter 4 / Section 20-18-408
Notice to parents regarding affidavits of paternity
Status: in_force

Upon the birth of a child to a woman who was unmarried at the time of either conception or birth or between conception and birth, the person responsible under § 20-18-401 for providing birth registration information shall: (1) Provide an opportunity for the child's mother and natural father to complete an affidavit acknowledging paternity, to include such information as is required by the court to establish paternity and establish a child support obligation and to be filed with the Division of Vital Records; (2) Provide written information, furnished by the Office of Child Support Enforcement, to the child's mother and natural father explaining the implications of signing an affidavit of paternity and parental rights and responsibilities; and (3) Provide written information, furnished by the office, to the child's mother regarding the benefits of having her child's paternity established and the availability of paternity establishment services, including a request for child support enforcement services. Acts 1993, No. 928, § 2; 1995, No. 1254, § 22.

Upon the birth of a child to a woman who was unmarried at the time of either conception or birth or between conception and birth, the person responsible under § 20-18-401 for providing birth registration information shall:

(1) Provide an opportunity for the child's mother and natural father to complete an affidavit acknowledging paternity, to include such information as is required by the court to establish paternity and establish a child support obligation and to be filed with the Division of Vital Records;

(2) Provide written information, furnished by the Office of Child Support Enforcement, to the child's mother and natural father explaining the implications of signing an affidavit of paternity and parental rights and responsibilities; and

(3) Provide written information, furnished by the office, to the child's mother regarding the benefits of having her child's paternity established and the availability of paternity establishment services, including a request for child support enforcement services.

Acts 1993, No. 928, § 2; 1995, No. 1254, § 22.
Ark. Code Ann. § 20-80-409 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-409
Title transfer - Consideration - Costs
Status: in_force

(a) No consideration shall be required for the transfer of title between the Commissioner of State Lands and the applicant, except one dollar ($1.00). (b) Additional, actual costs associated with the conveyance, including, but not limited to, abstracting, researching, confirmation of title, and the filing of documents with the county, may be charged to the applicant by the Commissioner of State Lands. Acts 1993, No. 1009, § 10.

(a) No consideration shall be required for the transfer of title between the Commissioner of State Lands and the applicant, except one dollar ($1.00).

(b) Additional, actual costs associated with the conveyance, including, but not limited to, abstracting, researching, confirmation of title, and the filing of documents with the county, may be charged to the applicant by the Commissioner of State Lands.

Acts 1993, No. 1009, § 10.
Ark. Code Ann. § 20-17-617 — AR Code / Title 20 / Chapter 17 / Subchapter 6 / Section 20-17-617
Procurement of transplantable tissue - Coroners - Procurement agencies
Status: in_force

(a) The coroners and medical examiners of the counties of Arkansas shall make reasonable efforts to facilitate procurement of transplantable organs and tissues in coordination with organ recovery agencies. (b) All organs and tissue procured in Arkansas shall be offered first to Arkansas patients before consideration of out-of-state patients unless that would be in conflict with federally mandated guidelines. Acts 1991, No. 1010, § 1; 1993, No. 409, § 4; 1997, No. 75, § 3.

(a) The coroners and medical examiners of the counties of Arkansas shall make reasonable efforts to facilitate procurement of transplantable organs and tissues in coordination with organ recovery agencies.

(b) All organs and tissue procured in Arkansas shall be offered first to Arkansas patients before consideration of out-of-state patients unless that would be in conflict with federally mandated guidelines.

Acts 1991, No. 1010, § 1; 1993, No. 409, § 4; 1997, No. 75, § 3.
Ark. Code Ann. § 20-31-105 — AR Code / Title 20 / Chapter 31 / Section 20-31-105
Compliance required - Penalties
Status: in_force

(a) Beginning January 1, 1992, unless specifically exempted under this chapter, no person or electrician shall perform any construction, installation, or maintenance of electrical facilities or perform electrical work in this state except in compliance with the statewide standards promulgated under this chapter. (b) Any person or electrician who does any construction, installation, and maintenance of electrical facilities or performs electrical work in this state without an exemption and not in compliance with this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500) or by imprisonment for not more than thirty (30) days, or both fine and imprisonment. (c) In addition to the penalties in subsection (b) of this section, the Director of the Department of Labor is authorized: (1) To petition any court of competent jurisdiction to enjoin or restrain any person or electrician who does any construction, installation, and maintenance of electrical facilities or performs electrical work without an exemption or who otherwise violates this chapter; and (2) To seek the suspension or revocation by the Board of Electrical Examiners of the State of Arkansas of any "electrical contractor", a "master electrician", a "journeyman electrician", or an "industrial maintenance electrician" licensed under § 17-28-101 et seq. who is found to be in violation of this chapter. Acts 1991, No. 653, § 5.

(a) Beginning January 1, 1992, unless specifically exempted under this chapter, no person or electrician shall perform any construction, installation, or maintenance of electrical facilities or perform electrical work in this state except in compliance with the statewide standards promulgated under this chapter.

(b) Any person or electrician who does any construction, installation, and maintenance of electrical facilities or performs electrical work in this state without an exemption and not in compliance with this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500) or by imprisonment for not more than thirty (30) days, or both fine and imprisonment.

(c) In addition to the penalties in subsection (b) of this section, the Director of the Department of Labor is authorized: (1) To petition any court of competent jurisdiction to enjoin or restrain any person or electrician who does any construction, installation, and maintenance of electrical facilities or performs electrical work without an exemption or who otherwise violates this chapter; and (2) To seek the suspension or revocation by the Board of Electrical Examiners of the State of Arkansas of any "electrical contractor", a "master electrician", a "journeyman electrician", or an "industrial maintenance electrician" licensed under § 17-28-101 et seq. who is found to be in violation of this chapter.

(1) To petition any court of competent jurisdiction to enjoin or restrain any person or electrician who does any construction, installation, and maintenance of electrical facilities or performs electrical work without an exemption or who otherwise violates this chapter; and

(2) To seek the suspension or revocation by the Board of Electrical Examiners of the State of Arkansas of any "electrical contractor", a "master electrician", a "journeyman electrician", or an "industrial maintenance electrician" licensed under § 17-28-101 et seq. who is found to be in violation of this chapter.

Acts 1991, No. 653, § 5.
Ark. Code Ann. § 20-16-705 — AR Code / Title 20 / Chapter 16 / Subchapter 7 / Section 20-16-705
Abortion of viable fetus prohibited - Exceptions
Status: in_force

(a) No abortion of a viable fetus shall be performed unless necessary to preserve the life or health of the woman. (b) Before a physician may perform an abortion upon a pregnant woman after such time as her fetus has become viable, the physician shall first certify in writing that the abortion is necessary to preserve the life or health of the woman and shall further certify in writing the medical indications for the abortion and the probable health consequences. (c) (1) This subchapter shall not prohibit the abortion of a viable fetus if the pregnancy is the result of rape or incest perpetrated on a minor when documentation is presented that states that the crime has been reported to law enforcement. (2) The physician or abortion facility shall: (A) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (B) Report to the Department of Health the number of abortions performed because of rape or incest. Amended by Act 2021, No. 787,§ 3, eff. 7/28/2021. Acts 1985, No. 268, § 2; A.S.A. 1947, § 41-2563.

(a) No abortion of a viable fetus shall be performed unless necessary to preserve the life or health of the woman.

(b) Before a physician may perform an abortion upon a pregnant woman after such time as her fetus has become viable, the physician shall first certify in writing that the abortion is necessary to preserve the life or health of the woman and shall further certify in writing the medical indications for the abortion and the probable health consequences.

(c) (1) This subchapter shall not prohibit the abortion of a viable fetus if the pregnancy is the result of rape or incest perpetrated on a minor when documentation is presented that states that the crime has been reported to law enforcement. (2) The physician or abortion facility shall: (A) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (B) Report to the Department of Health the number of abortions performed because of rape or incest.

(1) This subchapter shall not prohibit the abortion of a viable fetus if the pregnancy is the result of rape or incest perpetrated on a minor when documentation is presented that states that the crime has been reported to law enforcement.

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

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

(B) Report to the Department of Health the number of abortions performed because of rape or incest.

Amended by Act 2021, No. 787,§ 3, eff. 7/28/2021.

Acts 1985, No. 268, § 2; A.S.A. 1947, § 41-2563.
Ark. Code Ann. § 20-38-107 — AR Code / Title 20 / Chapter 38 / Section 20-38-107
Remedies for failure to comply
Status: in_force

The licensing or certifying agency shall establish remedies for failure to comply with this subchapter to be imposed on a service provider licensed, exempted from licensure, certified, or otherwise authorized to operate by its licensing or certifying agency. Acts 2009, No. 762, § 4.

The licensing or certifying agency shall establish remedies for failure to comply with this subchapter to be imposed on a service provider licensed, exempted from licensure, certified, or otherwise authorized to operate by its licensing or certifying agency.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-46-313 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-313
Distribution of funds
Status: in_force

The Arkansas State Hospital through the Department of Human Services is authorized to distribute such funds to community mental health clinics or centers as are appropriated by the General Assembly. Acts 1971, No. 433, ch. 2, § 2; A.S.A. 1947, § 59-302.

The Arkansas State Hospital through the Department of Human Services is authorized to distribute such funds to community mental health clinics or centers as are appropriated by the General Assembly.

Acts 1971, No. 433, ch. 2, § 2; A.S.A. 1947, § 59-302.
Ark. Code Ann. § 20-22-204 — AR Code / Title 20 / Chapter 22 / Subchapter 2 / Section 20-22-204
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 27, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6006, eff. 7/1/2019. Acts 1979, No. 852, §§ 2, 3; A.S.A. 1947, §§ 19-2166, 19-2167.

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

Amended by Act 2019, No. 910,§ 6006, eff. 7/1/2019.

Acts 1979, No. 852, §§ 2, 3; A.S.A. 1947, §§ 19-2166, 19-2167.
Ark. Code Ann. § 20-14-305 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-305
Access to housing accommodations
Status: in_force

(a) Individuals with visual, hearing, or other physical disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rental, lease, or compensation in this state subject only to the conditions and limitations established by law and applicable alike to other persons. (b) The provisions of this section with respect to the rights of individuals with visual, hearing, or other physical disabilities to equal access to housing accommodations shall not be deemed to include any accommodations in a facility which is designed and used primarily as a single family residence and a portion of which is rented, leased, or furnished for compensation. (c) Nothing in this section shall be deemed to require any person renting, leasing, or otherwise providing housing accommodations for compensation to modify his or her accommodations in any way or to provide a higher degree of care for an individual with visual, hearing, or other physical disabilities than for an individual without visual, hearing, or other physical disabilities. Acts 1973, No. 484, § 5; 1979, No. 574, § 1; A.S.A. 1947, § 82-2905.

(a) Individuals with visual, hearing, or other physical disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rental, lease, or compensation in this state subject only to the conditions and limitations established by law and applicable alike to other persons.

(b) The provisions of this section with respect to the rights of individuals with visual, hearing, or other physical disabilities to equal access to housing accommodations shall not be deemed to include any accommodations in a facility which is designed and used primarily as a single family residence and a portion of which is rented, leased, or furnished for compensation.

(c) Nothing in this section shall be deemed to require any person renting, leasing, or otherwise providing housing accommodations for compensation to modify his or her accommodations in any way or to provide a higher degree of care for an individual with visual, hearing, or other physical disabilities than for an individual without visual, hearing, or other physical disabilities.

Acts 1973, No. 484, § 5; 1979, No. 574, § 1; A.S.A. 1947, § 82-2905.
Ark. Code Ann. § 20-59-603 — AR Code / Title 20 / Chapter 59 / Subchapter 6 / Section 20-59-603
Purchase requirements
Status: in_force

A milk processor shall not purchase raw milk from a dairy farmer unless: (1) Payment of the purchase price is made according to the provisions prescribed by any applicable federal milk marketing order; (2) Any additional provisions are agreed upon by both the dairy farmer or his or her agent and the milk processor; and (3) The medium of exchange used is cash, a check for the full amount of the purchase price, or a wire transfer of money in the full amount. Acts 1989, No. 4, § 3.

A milk processor shall not purchase raw milk from a dairy farmer unless:

(1) Payment of the purchase price is made according to the provisions prescribed by any applicable federal milk marketing order;

(2) Any additional provisions are agreed upon by both the dairy farmer or his or her agent and the milk processor; and

(3) The medium of exchange used is cash, a check for the full amount of the purchase price, or a wire transfer of money in the full amount.

Acts 1989, No. 4, § 3.
Ark. Code Ann. § 20-9-220 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-220
Annual report
Status: in_force

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

The Department of Health shall make an annual report of its activities and operations under this subchapter to the Governor and shall make such information available to the General Assembly as may be requested.

Acts 1961, No. 414, § 24; A.S.A. 1947, § 82-350.
Ark. Code Ann. § 20-76-114 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-114
Department of Human Services - Authority limited
Status: in_force

The Department of Human Services shall not seek, apply for, accept, or renew any waiver or demonstration project under 7 U.S.C. § 2015(o) that relaxes or reduces the codified Supplemental Nutrition Assistance Program requirement to work. Added by Act 2017, No. 518,§ 1, eff. 8/1/2017.

The Department of Human Services shall not seek, apply for, accept, or renew any waiver or demonstration project under 7 U.S.C. § 2015(o) that relaxes or reduces the codified Supplemental Nutrition Assistance Program requirement to work.

Added by Act 2017, No. 518,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-64-217 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-217
Fraud or deceit
Status: in_force

(1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug: (a) by fraud, deceit, misrepresentation, or subterfuge; or (b) by the forgery or alteration of a prescription or of any order; or (c) by the concealment of a material fact; or (d) by the use of a false name or the giving of a false address. (2) Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication. (3) No person shall willfully make a false statement in any prescription, order, report, or record, required by this subchapter. (4) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person. (5) A person shall not make or utter a false or forged prescription or false or forged order. (6) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs. (7) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of § 20-64-208 , in the same way as they apply to transactions under all other sections. Amended by Act 2013, No. 1331,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 1331,§ 7, eff. 8/16/2013. Acts 1937, No. 344, § 17; Pope's Dig., § 10142; A.S.A. 1947, § 82-1017.

(1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug: (a) by fraud, deceit, misrepresentation, or subterfuge; or (b) by the forgery or alteration of a prescription or of any order; or (c) by the concealment of a material fact; or (d) by the use of a false name or the giving of a false address.

(a) by fraud, deceit, misrepresentation, or subterfuge; or

(b) by the forgery or alteration of a prescription or of any order; or

(c) by the concealment of a material fact; or

(d) by the use of a false name or the giving of a false address.

(2) Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.

(3) No person shall willfully make a false statement in any prescription, order, report, or record, required by this subchapter.

(4) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person.

(5) A person shall not make or utter a false or forged prescription or false or forged order.

(6) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs.

(7) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of § 20-64-208 , in the same way as they apply to transactions under all other sections.

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

Amended by Act 2013, No. 1331,§ 7, eff. 8/16/2013.

Acts 1937, No. 344, § 17; Pope's Dig., § 10142; A.S.A. 1947, § 82-1017.
Ark. Code Ann. § 20-27-206 — AR Code / Title 20 / Chapter 27 / Subchapter 2 / Section 20-27-206
Removal or alteration of label
Status: in_force

(a) Any person other than a purchaser for his or her own use who shall remove, deface, alter, or shall cause to be removed, defaced, or altered any label upon any article of bedding so labeled under the provisions of this subchapter shall be guilty of a violation thereof. (b) It shall be unlawful for any owner, his or her employees, or servants of any hostelry, hotel, rooming house, or boarding house operated for profit to remove or cause to be removed from any mattress purchased for the use in their place of business after June 9, 1927, any label attached thereto. Acts 1927, No. 249, §§ 6, 9; Pope's Dig., §§ 6460, 6463; A.S.A. 1947, §§ 82-721, 82-724.

(a) Any person other than a purchaser for his or her own use who shall remove, deface, alter, or shall cause to be removed, defaced, or altered any label upon any article of bedding so labeled under the provisions of this subchapter shall be guilty of a violation thereof.

(b) It shall be unlawful for any owner, his or her employees, or servants of any hostelry, hotel, rooming house, or boarding house operated for profit to remove or cause to be removed from any mattress purchased for the use in their place of business after June 9, 1927, any label attached thereto.

Acts 1927, No. 249, §§ 6, 9; Pope's Dig., §§ 6460, 6463; A.S.A. 1947, §§ 82-721, 82-724.
Ark. Code Ann. § 20-16-2505 — AR Code / Title 20 / Chapter 16 / Subchapter 25 / Section 20-16-2505
Collection and reporting of information
Status: in_force

(a) The Department of Health shall ensure that all information collected by the department regarding chemical abortions performed in this state shall be available to the public in printed form and on a twenty-four-hour basis on the department's website. (b) In no case shall the privacy of a patient or doctor be compromised. (c) The information collected by the department regarding abortions performed in this state shall be continually updated. (d) (1) (A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year. (B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline. (2) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who received information or materials in accordance with § 20-16-2503 . Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.

(a) The Department of Health shall ensure that all information collected by the department regarding chemical abortions performed in this state shall be available to the public in printed form and on a twenty-four-hour basis on the department's website.

(b) In no case shall the privacy of a patient or doctor be compromised.

(c) The information collected by the department regarding abortions performed in this state shall be continually updated.

(d) (1) (A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year. (B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline. (2) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who received information or materials in accordance with § 20-16-2503 .

(1) (A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year. (B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline.

(A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year.

(B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline.

(2) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who received information or materials in accordance with § 20-16-2503 .

Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-10-2202 — AR Code / Title 20 / Chapter 10 / Subchapter 22 / Section 20-10-2202
Applicability - Scope
Status: in_force

(a) This subchapter applies to long-term care facilities as those entities are defined in § 20-10-101 . (b) This subchapter does not expand, limit, or constrict any other privilege, particularly a privilege under § 16-46-105 , § 20-9-502 , or § 20-9-503 . Acts 2009, No. 198, § 1.

(a) This subchapter applies to long-term care facilities as those entities are defined in § 20-10-101 .

(b) This subchapter does not expand, limit, or constrict any other privilege, particularly a privilege under § 16-46-105 , § 20-9-502 , or § 20-9-503 .

Acts 2009, No. 198, § 1.
Ark. Code Ann. § 20-56-201 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-201
Title
Status: in_force

This subchapter may be cited as the "Food, Drug, and Cosmetic Act". Acts 1953, No. 415, § 1; A.S.A. 1947, § 82-1101.

This subchapter may be cited as the "Food, Drug, and Cosmetic Act".

Acts 1953, No. 415, § 1; A.S.A. 1947, § 82-1101.
Ark. Code Ann. § 20-77-1717 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1717
Timelines for audits
Status: in_force

(a) If a Medicaid provider audit by the Medicaid Integrity Program or Audit Medicaid Integrity Contractors is conducted, the Department of Human Services or the contractor shall provide the audit report to the provider within one hundred fifty (150) days after the completion of the audit field work. (b) If a provider requests an administrative reconsideration of an audit finding or report, the department shall provide the results of the reconsideration within sixty (60) days after the department's receipt of the request for reconsideration. (c) Additional provider records furnished by a provider in conjunction with a provider's request for administrative reconsideration shall have been contemporaneously created. (d) If there is a failure to meet the timelines specified in this section, no adverse decision based on the noncompliant audit shall be enforced against the provider unless the department shows good cause for the failure to meet the timelines. Added by Act 2013, No. 562,§ 7, eff. 8/16/2013.

(a) If a Medicaid provider audit by the Medicaid Integrity Program or Audit Medicaid Integrity Contractors is conducted, the Department of Human Services or the contractor shall provide the audit report to the provider within one hundred fifty (150) days after the completion of the audit field work.

(b) If a provider requests an administrative reconsideration of an audit finding or report, the department shall provide the results of the reconsideration within sixty (60) days after the department's receipt of the request for reconsideration.

(c) Additional provider records furnished by a provider in conjunction with a provider's request for administrative reconsideration shall have been contemporaneously created.

(d) If there is a failure to meet the timelines specified in this section, no adverse decision based on the noncompliant audit shall be enforced against the provider unless the department shows good cause for the failure to meet the timelines.

Added by Act 2013, No. 562,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 20-38-111 — AR Code / Title 20 / Chapter 38 / Section 20-38-111
Immunity
Status: in_force

The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, the licensing or certifying agency, and the service provider are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occurring in the performance of duties imposed by this subchapter. Acts 2009, No. 762, § 4.

The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, the licensing or certifying agency, and the service provider are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occurring in the performance of duties imposed by this subchapter.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-13-214 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-214
Military emergency medical personnel
Status: in_force

(a) Military personnel who return to the State of Arkansas following active duty and who received emergency medical training on active duty shall be granted initial licensure from the Department of Health as emergency medical services personnel under this subchapter, upon proof from the military that the individual received emergency medical training while on active duty. (b) Military personnel licensed under this section shall pay the fees for biennial renewal of the emergency medical services personnel license required under this subchapter. Acts 2005, No. 1674, § 1; 2009, No. 689, § 12.

(a) Military personnel who return to the State of Arkansas following active duty and who received emergency medical training on active duty shall be granted initial licensure from the Department of Health as emergency medical services personnel under this subchapter, upon proof from the military that the individual received emergency medical training while on active duty.

(b) Military personnel licensed under this section shall pay the fees for biennial renewal of the emergency medical services personnel license required under this subchapter.

Acts 2005, No. 1674, § 1; 2009, No. 689, § 12.
Ark. Code Ann. § 20-27-1505 — AR Code / Title 20 / Chapter 27 / Subchapter 15 / Section 20-27-1505
[Repealed]
Status: repealed

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021. Acts 2001, No. 414, § 1; 2007, No. 230, § 5.

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021.

Acts 2001, No. 414, § 1; 2007, No. 230, § 5.
Ark. Code Ann. § 20-27-1801 — AR Code / Title 20 / Chapter 27 / Subchapter 18 / Section 20-27-1801
Title
Status: in_force

This subchapter shall be known as the "Arkansas Clean Indoor Air Act of 2006". Acts 2006 (1st Ex. Sess.), No. 8, § 1.

This subchapter shall be known as the "Arkansas Clean Indoor Air Act of 2006".

Acts 2006 (1st Ex. Sess.), No. 8, § 1.
Ark. Code Ann. § 20-17-1030 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1030
Infant interment gardens
Status: in_force

(a) A cemetery company may maintain an infant interment garden if: (1) The cemetery company provides the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a letter of intent to establish an infant interment garden and a map of the location for the infant interment garden; (2) The infant interment garden is made available to the public and to existing families and property owners of the permitted cemetery on a nondiscriminatory basis; (3) No charge is made to the family, next of kin, or any agency for the space, interment, and opening and closing services; (4) The infant interment garden complies with the rules and regulations of the cemetery on file with the board; and (5) The conveyance and recordkeeping requirements of §§ 20-17-1019 and 20-17-1022 are satisfied for each interment in the infant interment garden. (b) An infant interment garden that complies with this section is not subject to the deposit requirements of § 20-17-1016 . Amended by Act 2017, No. 788,§ 61, eff. 7/1/2018. Acts 2011, No. 590, § 13.

(a) A cemetery company may maintain an infant interment garden if: (1) The cemetery company provides the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a letter of intent to establish an infant interment garden and a map of the location for the infant interment garden; (2) The infant interment garden is made available to the public and to existing families and property owners of the permitted cemetery on a nondiscriminatory basis; (3) No charge is made to the family, next of kin, or any agency for the space, interment, and opening and closing services; (4) The infant interment garden complies with the rules and regulations of the cemetery on file with the board; and (5) The conveyance and recordkeeping requirements of §§ 20-17-1019 and 20-17-1022 are satisfied for each interment in the infant interment garden.

(1) The cemetery company provides the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a letter of intent to establish an infant interment garden and a map of the location for the infant interment garden;

(2) The infant interment garden is made available to the public and to existing families and property owners of the permitted cemetery on a nondiscriminatory basis;

(3) No charge is made to the family, next of kin, or any agency for the space, interment, and opening and closing services;

(4) The infant interment garden complies with the rules and regulations of the cemetery on file with the board; and

(5) The conveyance and recordkeeping requirements of §§ 20-17-1019 and 20-17-1022 are satisfied for each interment in the infant interment garden.

(b) An infant interment garden that complies with this section is not subject to the deposit requirements of § 20-17-1016 .

Amended by Act 2017, No. 788,§ 61, eff. 7/1/2018.

Acts 2011, No. 590, § 13.
Ark. Code Ann. § 20-48-414 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-414
Off-premises training for staff members
Status: in_force

(a) The Board of Developmental Disabilities Services is authorized to extend to selected staff members of the human development centers off-premises assignments for educational or training purposes. In determining whether to make the off-premises assignments, the board shall be guided by the recommendations of the center superintendent based on such considerations as the requirements of the center for qualified personnel, the availability of qualified persons in specialized fields, the availability of funds, and other factors contributing to staff development. (b) (1) Before granting any off-premises assignment for educational or training purposes, the board shall enter into an agreement with the staff member which shall require the staff member, upon completion of the educational or training program, to return to the human development center in the same or comparable position for such period of time as may be agreed upon by the board and the staff member. (2) Any staff member who fails to return to the center pursuant to the agreement shall be liable for any compensation paid to the staff member by the center during the period for which he or she was granted the off-premises assignment for educational or training purposes. (3) The agreement entered into by the board and the staff member shall provide that the venue of any action brought to recover any funds paid the staff member under the agreement shall be in Pulaski County. Acts 1967, No. 443, §§ 1, 2; A.S.A. 1947, §§ 59-1130, 59-1131.

(a) The Board of Developmental Disabilities Services is authorized to extend to selected staff members of the human development centers off-premises assignments for educational or training purposes. In determining whether to make the off-premises assignments, the board shall be guided by the recommendations of the center superintendent based on such considerations as the requirements of the center for qualified personnel, the availability of qualified persons in specialized fields, the availability of funds, and other factors contributing to staff development.

(b) (1) Before granting any off-premises assignment for educational or training purposes, the board shall enter into an agreement with the staff member which shall require the staff member, upon completion of the educational or training program, to return to the human development center in the same or comparable position for such period of time as may be agreed upon by the board and the staff member. (2) Any staff member who fails to return to the center pursuant to the agreement shall be liable for any compensation paid to the staff member by the center during the period for which he or she was granted the off-premises assignment for educational or training purposes. (3) The agreement entered into by the board and the staff member shall provide that the venue of any action brought to recover any funds paid the staff member under the agreement shall be in Pulaski County.

(1) Before granting any off-premises assignment for educational or training purposes, the board shall enter into an agreement with the staff member which shall require the staff member, upon completion of the educational or training program, to return to the human development center in the same or comparable position for such period of time as may be agreed upon by the board and the staff member.

(2) Any staff member who fails to return to the center pursuant to the agreement shall be liable for any compensation paid to the staff member by the center during the period for which he or she was granted the off-premises assignment for educational or training purposes.

(3) The agreement entered into by the board and the staff member shall provide that the venue of any action brought to recover any funds paid the staff member under the agreement shall be in Pulaski County.

Acts 1967, No. 443, §§ 1, 2; A.S.A. 1947, §§ 59-1130, 59-1131.
Ark. Code Ann. § 20-76-306 — AR Code / Title 20 / Chapter 76 / Subchapter 3 / Section 20-76-306
Use of subpoenas in hearings on benefit determinations
Status: in_force

(a) The Director of the State Department for Social Security Administration Disability Determination or the counsel for the State Department for Social Security Administration Disability Determination is authorized to require the attendance of witnesses and the production of books, records, or other documents through the issuance of subpoenas when the testimony or information is necessary to adequately present the position of the State Department for Social Security Administration Disability Determination when making fair hearing determinations or conducting investigations relating to public assistance benefits. (b) Subpoenas issued pursuant to the authority of the director shall be substantially in the following form: Click here to view form. Acts 1999, No. 4, § 1.

(a) The Director of the State Department for Social Security Administration Disability Determination or the counsel for the State Department for Social Security Administration Disability Determination is authorized to require the attendance of witnesses and the production of books, records, or other documents through the issuance of subpoenas when the testimony or information is necessary to adequately present the position of the State Department for Social Security Administration Disability Determination when making fair hearing determinations or conducting investigations relating to public assistance benefits.

(b) Subpoenas issued pursuant to the authority of the director shall be substantially in the following form: Click here to view form.

Click here to view form.

Acts 1999, No. 4, § 1.

76_306_1 - Attachment
Ark. Code Ann. § 20-77-313 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-313
Billing statements
Status: in_force

Billing statements forwarded to recipients of medical assistance by vendors of medical care shall clearly state that reimbursement from the Arkansas Medicaid Program is contemplated. Acts 1981, No. 500, § 11; A.S.A. 1947, § 83-171.12.

Billing statements forwarded to recipients of medical assistance by vendors of medical care shall clearly state that reimbursement from the Arkansas Medicaid Program is contemplated.

Acts 1981, No. 500, § 11; A.S.A. 1947, § 83-171.12.
Ark. Code Ann. § 20-48-610 — AR Code / Title 20 / Chapter 48 / Subchapter 6 / Section 20-48-610
Compliance with appearance or structural requirements in certain districts
Status: in_force

Nothing in this subchapter shall be construed as relieving the owner or operator of any Family Home I or Family Home II of the obligation to comply with outside appearance requirements or structural requirements for location of a Family Home I or Family Home II within a local historic district or within the Capitol Zoning District. Acts 1987, No. 611, § 8.

Nothing in this subchapter shall be construed as relieving the owner or operator of any Family Home I or Family Home II of the obligation to comply with outside appearance requirements or structural requirements for location of a Family Home I or Family Home II within a local historic district or within the Capitol Zoning District.

Acts 1987, No. 611, § 8.
Ark. Code Ann. § 20-10-1408 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1408
[Repealed]
Status: repealed

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1902, eff. 7/24/2019. Acts 1999, No. 1529, § 8; 2001, No. 1397, § 6; 2005, No. 898, § 6; 2005, No. 1411, § 7.

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1902, eff. 7/24/2019.

Acts 1999, No. 1529, § 8; 2001, No. 1397, § 6; 2005, No. 898, § 6; 2005, No. 1411, § 7.
Ark. Code Ann. § 20-76-412 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-412
Abandonment - Duties of Department of Human Services
Status: in_force

Whenever any person makes an application for Transitional Employment Assistance Program benefits from the Department of Human Services and the application reveals that the applicant or child or children was or were put in such needy circumstances as to require public assistance by reason of the fact that the spouse or child or the illegitimate child was deserted or abandoned or left in destitute or necessitant circumstances by willful neglect or refusal to provide for the support or maintenance of the spouse or child by the child's parents, then it shall be the duty of the department to refer that applicant or child or children to the Office of Child Support Enforcement, to attempt to establish the paternity of the child or children, if necessary, and secure support therefor from any person who might owe the child or children a duty of support. Acts 1953, No. 231, § 1; 1983, No. 591, § 1; A.S.A. 1947, § 83-150; Acts 1995, No. 1184, § 34; 1997, No. 1058, § 19.

Whenever any person makes an application for Transitional Employment Assistance Program benefits from the Department of Human Services and the application reveals that the applicant or child or children was or were put in such needy circumstances as to require public assistance by reason of the fact that the spouse or child or the illegitimate child was deserted or abandoned or left in destitute or necessitant circumstances by willful neglect or refusal to provide for the support or maintenance of the spouse or child by the child's parents, then it shall be the duty of the department to refer that applicant or child or children to the Office of Child Support Enforcement, to attempt to establish the paternity of the child or children, if necessary, and secure support therefor from any person who might owe the child or children a duty of support.

Acts 1953, No. 231, § 1; 1983, No. 591, § 1; A.S.A. 1947, § 83-150; Acts 1995, No. 1184, § 34; 1997, No. 1058, § 19.
Ark. Code Ann. § 20-22-504 — AR Code / Title 20 / Chapter 22 / Subchapter 5 / Section 20-22-504
Emergency lighting
Status: in_force

(a) Any hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall be equipped with an emergency lighting system, including exit lights, corridor lights, exit stairway lights, and an emergency source of power capable of furnishing sufficient power to operate the emergency lighting system in the building in case of failure of the main lighting system. (b) The emergency lighting system required in this section shall be so designed that it will be automatically activated by a disruption of electrical power for any reason. Acts 1971, No. 239, § 1; A.S.A. 1947, § 82-825.

(a) Any hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall be equipped with an emergency lighting system, including exit lights, corridor lights, exit stairway lights, and an emergency source of power capable of furnishing sufficient power to operate the emergency lighting system in the building in case of failure of the main lighting system.

(b) The emergency lighting system required in this section shall be so designed that it will be automatically activated by a disruption of electrical power for any reason.

Acts 1971, No. 239, § 1; A.S.A. 1947, § 82-825.
Ark. Code Ann. § 20-77-804 — AR Code / Title 20 / Chapter 77 / Subchapter 8 / Section 20-77-804
Limitation on acceptance of and payments for certain referrals
Status: in_force

(a) Except as provided in subsection (b) of this section, no payment for home intravenous drug therapy services shall be made to any provider in which a physician or a physician's immediate family member has an ownership interest in the provider or in any situation where the physician receives compensation from the provider to induce referrals. (b) Exceptions: (1) Subsection (a) of this section does not apply if the ownership interest is the ownership of stock which is traded over a publicly regulated exchange and was purchased on terms generally available to the public; (2) Subsection (a) of this section does not apply if the compensation is reasonably related to items or services actually provided by the physician and does not vary in proportion to the number of referrals made by the referring physicians, but such exception does not apply to compensation provided for direct patient care services; and (3) Subsection (a) of this section is not to be construed to apply to a referring physician whose only ownership or financial relationship with the provider is as an uncompensated officer or director of the provider. Acts 1993, No. 918, § 4.

(a) Except as provided in subsection (b) of this section, no payment for home intravenous drug therapy services shall be made to any provider in which a physician or a physician's immediate family member has an ownership interest in the provider or in any situation where the physician receives compensation from the provider to induce referrals.

(b) Exceptions: (1) Subsection (a) of this section does not apply if the ownership interest is the ownership of stock which is traded over a publicly regulated exchange and was purchased on terms generally available to the public; (2) Subsection (a) of this section does not apply if the compensation is reasonably related to items or services actually provided by the physician and does not vary in proportion to the number of referrals made by the referring physicians, but such exception does not apply to compensation provided for direct patient care services; and (3) Subsection (a) of this section is not to be construed to apply to a referring physician whose only ownership or financial relationship with the provider is as an uncompensated officer or director of the provider.

(1) Subsection (a) of this section does not apply if the ownership interest is the ownership of stock which is traded over a publicly regulated exchange and was purchased on terms generally available to the public;

(2) Subsection (a) of this section does not apply if the compensation is reasonably related to items or services actually provided by the physician and does not vary in proportion to the number of referrals made by the referring physicians, but such exception does not apply to compensation provided for direct patient care services; and

(3) Subsection (a) of this section is not to be construed to apply to a referring physician whose only ownership or financial relationship with the provider is as an uncompensated officer or director of the provider.

Acts 1993, No. 918, § 4.
Ark. Code Ann. § 20-17-1111 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1111
Assessment - Order - Lien
Status: in_force

(a) The board of commissioners of the district shall at the time that the annual benefit assessment is equalized or at any time thereafter enter upon its records an order, which shall have all the force of a judgment, provided that there shall be assessed upon the real property of the district and collected annually the annual benefit assessment set opposite each tract of land described. The annual benefit is to be paid by the owner of the real property in the district, payable as provided in the order. (b) (1) The uncollected annual benefit assessment as extended shall be a lien upon the real property in the district against which it is extended from the time the same is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created, and shall continue until the assessment with any penalty and costs that may accrue thereon shall have been paid. (2) Notice of the amount due shall be given to each landowner, if he or she fails to pay his or her assessment on or before the third Monday in April by mail at his or her last known address. (3) (A) The remedy against the annual benefit assessment shall be by suit in equity, and the suit shall be brought within thirty (30) days from the time that the notice is mailed. (B) On the appeal, the presumption shall be in favor of the legality of the annual benefit assessment. Acts 1957, No. 318, § 7; A.S.A. 1947, § 20-1307.

(a) The board of commissioners of the district shall at the time that the annual benefit assessment is equalized or at any time thereafter enter upon its records an order, which shall have all the force of a judgment, provided that there shall be assessed upon the real property of the district and collected annually the annual benefit assessment set opposite each tract of land described. The annual benefit is to be paid by the owner of the real property in the district, payable as provided in the order.

(b) (1) The uncollected annual benefit assessment as extended shall be a lien upon the real property in the district against which it is extended from the time the same is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created, and shall continue until the assessment with any penalty and costs that may accrue thereon shall have been paid. (2) Notice of the amount due shall be given to each landowner, if he or she fails to pay his or her assessment on or before the third Monday in April by mail at his or her last known address. (3) (A) The remedy against the annual benefit assessment shall be by suit in equity, and the suit shall be brought within thirty (30) days from the time that the notice is mailed. (B) On the appeal, the presumption shall be in favor of the legality of the annual benefit assessment.

(1) The uncollected annual benefit assessment as extended shall be a lien upon the real property in the district against which it is extended from the time the same is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created, and shall continue until the assessment with any penalty and costs that may accrue thereon shall have been paid.

(2) Notice of the amount due shall be given to each landowner, if he or she fails to pay his or her assessment on or before the third Monday in April by mail at his or her last known address.

(3) (A) The remedy against the annual benefit assessment shall be by suit in equity, and the suit shall be brought within thirty (30) days from the time that the notice is mailed. (B) On the appeal, the presumption shall be in favor of the legality of the annual benefit assessment.

(A) The remedy against the annual benefit assessment shall be by suit in equity, and the suit shall be brought within thirty (30) days from the time that the notice is mailed.

(B) On the appeal, the presumption shall be in favor of the legality of the annual benefit assessment.

Acts 1957, No. 318, § 7; A.S.A. 1947, § 20-1307.
Ark. Code Ann. § 20-13-1301 — AR Code / Title 20 / Chapter 13 / Subchapter 13 / Section 20-13-1301
Title
Status: in_force

This subchapter may be cited as the "Public Access to Automated External Defibrillation Act". Acts 2005, No. 273, § 1.

This subchapter may be cited as the "Public Access to Automated External Defibrillation Act".

Acts 2005, No. 273, § 1.
Ark. Code Ann. § 20-77-2501 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2501
Purpose
Status: in_force

The purpose of this subchapter is to: (1) Consolidate staff and other Medicaid fraud detection, prevention, and recovery functions from the relevant governmental entities into a single office; (2) Create a more efficient and accountable structure; (3) Reorganize and streamline the state's process for detecting and combating Medicaid fraud and abuse; and (4) Maximize the recovery of improper Medicaid payments. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

The purpose of this subchapter is to:

(1) Consolidate staff and other Medicaid fraud detection, prevention, and recovery functions from the relevant governmental entities into a single office;

(2) Create a more efficient and accountable structure;

(3) Reorganize and streamline the state's process for detecting and combating Medicaid fraud and abuse; and

(4) Maximize the recovery of improper Medicaid payments.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-17-302 — AR Code / Title 20 / Chapter 17 / Subchapter 3 / Section 20-17-302
Consent
Status: in_force

(a) Consent for a licensed physician to conduct a postmortem examination on the body of a deceased person shall be deemed sufficient when given by the deceased, if in writing, and signed and acknowledged before his or her death or when given by whichever one (1) of the following assumes custody of the body for purposes of burial: (1) Father; (2) Mother; (3) Husband; (4) Wife; (5) Child; (6) Guardian; (7) Next of kin; or (8) In the absence of any of the persons listed in subdivisions (a)(1)-(7) of this section, a friend or a person charged by law with the responsibility for burial. (b) If two (2) or more such persons assume custody of the body, consent of one (1) of them shall be deemed sufficient. Acts 1955, No. 172, § 1; A.S.A. 1947, § 82-406.

(a) Consent for a licensed physician to conduct a postmortem examination on the body of a deceased person shall be deemed sufficient when given by the deceased, if in writing, and signed and acknowledged before his or her death or when given by whichever one (1) of the following assumes custody of the body for purposes of burial: (1) Father; (2) Mother; (3) Husband; (4) Wife; (5) Child; (6) Guardian; (7) Next of kin; or (8) In the absence of any of the persons listed in subdivisions (a)(1)-(7) of this section, a friend or a person charged by law with the responsibility for burial.

(1) Father;

(2) Mother;

(3) Husband;

(4) Wife;

(5) Child;

(6) Guardian;

(7) Next of kin; or

(8) In the absence of any of the persons listed in subdivisions (a)(1)-(7) of this section, a friend or a person charged by law with the responsibility for burial.

(b) If two (2) or more such persons assume custody of the body, consent of one (1) of them shall be deemed sufficient.

Acts 1955, No. 172, § 1; A.S.A. 1947, § 82-406.
Ark. Code Ann. § 20-16-701 — AR Code / Title 20 / Chapter 16 / Subchapter 7 / Section 20-16-701
Legislative intent - Construction
Status: in_force

(a) It is the intention of the General Assembly to regulate abortions in a manner consistent with the decisions of the United States Supreme Court. (b) All provisions and all terms shall be construed so as to be consistent with those decisions. Acts 1985, No. 268, § 7; A.S.A. 1947, § 41-2568.

(a) It is the intention of the General Assembly to regulate abortions in a manner consistent with the decisions of the United States Supreme Court.

(b) All provisions and all terms shall be construed so as to be consistent with those decisions.

Acts 1985, No. 268, § 7; A.S.A. 1947, § 41-2568.
Ark. Code Ann. § 20-21-303 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-303
Definitions
Status: in_force

As used in this subchapter: (1) "Electronic products" means any manufactured product or device or component part of that product or device which during operation can generate or emit a physical field of radiation; (2) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, or any legal successor, representative, agent, or agency of the foregoing, other than agencies of the United States Government or any successor thereto; and (3) "Radiation" means any electromagnetic or ionizing radiation which can be generated during the operation of electronic products. Acts 1969, No. 460, § 3; 1971, No. 722, § 1; A.S.A. 1947, § 82-1530.

As used in this subchapter:

(1) "Electronic products" means any manufactured product or device or component part of that product or device which during operation can generate or emit a physical field of radiation;

(2) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, or any legal successor, representative, agent, or agency of the foregoing, other than agencies of the United States Government or any successor thereto; and

(3) "Radiation" means any electromagnetic or ionizing radiation which can be generated during the operation of electronic products.

Acts 1969, No. 460, § 3; 1971, No. 722, § 1; A.S.A. 1947, § 82-1530.
Ark. Code Ann. § 20-16-1302 — AR Code / Title 20 / Chapter 16 / Subchapter 13 / Section 20-16-1302
Definitions
Status: in_force

As used in this subchapter: (1) "Contraceptive" means a device, drug, or chemical that prevents fertilization; (2) "Fetus" means the human offspring developing during pregnancy from the moment of fertilization and includes the embryonic stage of development; (3) "Heartbeat" means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac; (4) "Human individual" means an individual organism of the species Homo sapiens; (5) "Major bodily function" includes without limitation functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions; (6) "Medical emergency" means a condition in which an abortion is necessary: (A) To preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; or (B) Due to the existence of a highly lethal fetal disorder as defined by the Arkansas State Medical Board; (7) "Pregnancy" means the human female reproductive condition that begins with fertilization when the female is carrying the developing human offspring and is calculated from the first day of the last menstrual period of the human female; and (8) "Viability" means a medical condition that begins with a detectible fetal heartbeat. Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Contraceptive" means a device, drug, or chemical that prevents fertilization;

(2) "Fetus" means the human offspring developing during pregnancy from the moment of fertilization and includes the embryonic stage of development;

(3) "Heartbeat" means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac;

(4) "Human individual" means an individual organism of the species Homo sapiens;

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

(6) "Medical emergency" means a condition in which an abortion is necessary: (A) To preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; or (B) Due to the existence of a highly lethal fetal disorder as defined by the Arkansas State Medical Board;

(A) To preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; or

(B) Due to the existence of a highly lethal fetal disorder as defined by the Arkansas State Medical Board;

(7) "Pregnancy" means the human female reproductive condition that begins with fertilization when the female is carrying the developing human offspring and is calculated from the first day of the last menstrual period of the human female; and

(8) "Viability" means a medical condition that begins with a detectible fetal heartbeat.

Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-16-1501 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1501
Title
Status: in_force

This subchapter may be known and cited as the "Abortion-Inducing Drugs Safety Act". Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

This subchapter may be known and cited as the "Abortion-Inducing Drugs Safety Act".

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-3-104 — AR Code / Title 20 / Chapter 3 / Section 20-3-104
Creation of Achieving a Better Life Experience Program Trust
Status: in_force

(a) The Achieving a Better Life Experience Program Trust is created. (b) The cotrustees of the trust shall be the Secretary of the Department of Human Services, the Commissioner of Arkansas Rehabilitation Services, and the Treasurer of State. Amended by Act 2023, No. 182,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5172, eff. 7/1/2019. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

(a) The Achieving a Better Life Experience Program Trust is created.

(b) The cotrustees of the trust shall be the Secretary of the Department of Human Services, the Commissioner of Arkansas Rehabilitation Services, and the Treasurer of State.

Amended by Act 2023, No. 182,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5172, eff. 7/1/2019.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-6-205 — AR Code / Title 20 / Chapter 6 / Subchapter 2 / Section 20-6-205
Affirmative defense in medical injury cases
Status: in_force

If patient abandonment or other medical injury occurs due to a violation by an entity of this subchapter, the violation shall be an affirmative defense for the physician in a claim brought by the injured patient who shall be entitled to bring a claim against the entity. Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.

If patient abandonment or other medical injury occurs due to a violation by an entity of this subchapter, the violation shall be an affirmative defense for the physician in a claim brought by the injured patient who shall be entitled to bring a claim against the entity.

Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Ark. Code Ann. § 20-21-201 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-201
Declaration of policy
Status: in_force

It is the policy of the State of Arkansas in furtherance of its responsibility to protect the occupational and public health and safety, to protect the environment, and to further the industrial and economic growth of the state: (1) To institute and maintain a regulatory program for sources of ionizing radiation so as to provide: (A) Compatibility and consistency with the standards and regulatory programs of the United States Government; (B) A single effective system of regulation within the state; and (C) A system consonant insofar as possible with those of other states; and (2) To institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public. Acts 1961 (2nd Ex. Sess.), No. 8, § 1; 1983, No. 19, § 1; A.S.A. 1947, § 82-1512.

It is the policy of the State of Arkansas in furtherance of its responsibility to protect the occupational and public health and safety, to protect the environment, and to further the industrial and economic growth of the state:

(1) To institute and maintain a regulatory program for sources of ionizing radiation so as to provide: (A) Compatibility and consistency with the standards and regulatory programs of the United States Government; (B) A single effective system of regulation within the state; and (C) A system consonant insofar as possible with those of other states; and

(A) Compatibility and consistency with the standards and regulatory programs of the United States Government;

(B) A single effective system of regulation within the state; and

(C) A system consonant insofar as possible with those of other states; and

(2) To institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public.

Acts 1961 (2nd Ex. Sess.), No. 8, § 1; 1983, No. 19, § 1; A.S.A. 1947, § 82-1512.
Ark. Code Ann. § 20-46-601 — AR Code / Title 20 / Chapter 46 / Subchapter 6 / Section 20-46-601
Tracking and treatment of persons suffering from mental illness and substance abuse - Definition
Status: in_force

(a) The General Assembly finds that: (1) Persons who suffer from mental illness and who abuse various chemical substances contribute disproportionately to the problem of violence in our society; and (2) It is the purpose of this section to establish a utilization review and treatment program to reduce violence among persons who suffer from mental illness and who abuse chemical substances without a costly expansion of the Arkansas State Hospital. (b) For purposes of this section, "client" means a person diagnosed to be addicted to drugs or alcohol who has been committed to the custody of the Secretary of the Department of Human Services pursuant to § 5-2-314 as a result of acquittal, on the ground of mental disease or defect, of an offense involving bodily injury to another person or serious risk of such injury. (c) The Department of Human Services shall establish a system to: (1) Provide case management of clients; (2) Provide one (1) or more secure residential treatment facility or facilities designed to treat clients; (3) Provide community crisis stabilization beds for clients; (4) Provide client assessment and admission to treatment programs as necessary; and (5) Review treatment utilization and track clients. (d) The department is authorized to enter into contracts with any public or private nonprofit entity for the purpose of implementing this section. Amended by Act 2019, No. 910,§ 5197, eff. 7/1/2019. Acts 1995, No. 1208, §§ 1-4.

(a) The General Assembly finds that: (1) Persons who suffer from mental illness and who abuse various chemical substances contribute disproportionately to the problem of violence in our society; and (2) It is the purpose of this section to establish a utilization review and treatment program to reduce violence among persons who suffer from mental illness and who abuse chemical substances without a costly expansion of the Arkansas State Hospital.

(1) Persons who suffer from mental illness and who abuse various chemical substances contribute disproportionately to the problem of violence in our society; and

(2) It is the purpose of this section to establish a utilization review and treatment program to reduce violence among persons who suffer from mental illness and who abuse chemical substances without a costly expansion of the Arkansas State Hospital.

(b) For purposes of this section, "client" means a person diagnosed to be addicted to drugs or alcohol who has been committed to the custody of the Secretary of the Department of Human Services pursuant to § 5-2-314 as a result of acquittal, on the ground of mental disease or defect, of an offense involving bodily injury to another person or serious risk of such injury.

(c) The Department of Human Services shall establish a system to: (1) Provide case management of clients; (2) Provide one (1) or more secure residential treatment facility or facilities designed to treat clients; (3) Provide community crisis stabilization beds for clients; (4) Provide client assessment and admission to treatment programs as necessary; and (5) Review treatment utilization and track clients.

(1) Provide case management of clients;

(2) Provide one (1) or more secure residential treatment facility or facilities designed to treat clients;

(3) Provide community crisis stabilization beds for clients;

(4) Provide client assessment and admission to treatment programs as necessary; and

(5) Review treatment utilization and track clients.

(d) The department is authorized to enter into contracts with any public or private nonprofit entity for the purpose of implementing this section.

Amended by Act 2019, No. 910,§ 5197, eff. 7/1/2019.

Acts 1995, No. 1208, §§ 1-4.
Ark. Code Ann. § 20-19-508 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-508
Public contact - Warnings of escape
Status: in_force

(a) The possessor of a large carnivore shall not bring a large carnivore to any commercial or retail establishment unless the possessor is bringing the large carnivore to a veterinarian clinic. (b) (1) If a large carnivore escapes or is released, the possessor of the large carnivore immediately shall contact the Arkansas State Game and Fish Commission and law enforcement officials of the city or county where the possessor resides to report the escape or release. (2) The possessor is liable for all expenses associated with efforts to recapture the large carnivore. (c) A person or an organization with a United States Department of Agriculture Wildlife Exhibition Permit may take the large carnivore to schools and other exhibitions for educational or fundraising purposes. Acts 2005, No. 2226, § 1.

(a) The possessor of a large carnivore shall not bring a large carnivore to any commercial or retail establishment unless the possessor is bringing the large carnivore to a veterinarian clinic.

(b) (1) If a large carnivore escapes or is released, the possessor of the large carnivore immediately shall contact the Arkansas State Game and Fish Commission and law enforcement officials of the city or county where the possessor resides to report the escape or release. (2) The possessor is liable for all expenses associated with efforts to recapture the large carnivore.

(1) If a large carnivore escapes or is released, the possessor of the large carnivore immediately shall contact the Arkansas State Game and Fish Commission and law enforcement officials of the city or county where the possessor resides to report the escape or release.

(2) The possessor is liable for all expenses associated with efforts to recapture the large carnivore.

(c) A person or an organization with a United States Department of Agriculture Wildlife Exhibition Permit may take the large carnivore to schools and other exhibitions for educational or fundraising purposes.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-13-702 — AR Code / Title 20 / Chapter 13 / Subchapter 7 / Section 20-13-702
Creation - Purpose - Scholarships - Waiver of tuition services
Status: in_force

(a) There is created the Arkansas Poison and Drug Information Center within the College of Pharmacy of the University of Arkansas for Medical Sciences. (b) The purpose of the center is to implement a statewide emergency poison and drug information program designed and structured to deliver reliable, accurate, qualified professional judgments and responses to requests for emergency poison and drug information data. (c) Any funds at the disposal of the College of Pharmacy of the University of Arkansas for Medical Sciences can provide scholarships and fellowships to those providing services to the center. (d) Subject to the approval of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences, registration or tuition fees, or both, in the University of Arkansas system are to be waived for those students who provide concurrent services to the center. Acts 1991, No. 796, §§ 3, 6.

(a) There is created the Arkansas Poison and Drug Information Center within the College of Pharmacy of the University of Arkansas for Medical Sciences.

(b) The purpose of the center is to implement a statewide emergency poison and drug information program designed and structured to deliver reliable, accurate, qualified professional judgments and responses to requests for emergency poison and drug information data.

(c) Any funds at the disposal of the College of Pharmacy of the University of Arkansas for Medical Sciences can provide scholarships and fellowships to those providing services to the center.

(d) Subject to the approval of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences, registration or tuition fees, or both, in the University of Arkansas system are to be waived for those students who provide concurrent services to the center.

Acts 1991, No. 796, §§ 3, 6.
Ark. Code Ann. § 20-57-402 — AR Code / Title 20 / Chapter 57 / Subchapter 4 / Section 20-57-402
Honey
Status: in_force

(a) Unless the product is pure honey manufactured by honeybees, it is unlawful for any person to: (1) Package any product and label the product as "honey" or "imitation honey" or to use the word "honey" in any prominent location on the label of the product; or (2) Sell or offer for sale any product that is labeled "honey" or "imitation honey" or which contains a label with the word "honey" prominently displayed thereon. (b) (1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each violation shall constitute a separate offense. Acts 1973, No. 513, §§ 1, 2; A.S.A. 1947, §§ 82-985, 82-986; Acts 2005, No. 1994, § 130.

(a) Unless the product is pure honey manufactured by honeybees, it is unlawful for any person to: (1) Package any product and label the product as "honey" or "imitation honey" or to use the word "honey" in any prominent location on the label of the product; or (2) Sell or offer for sale any product that is labeled "honey" or "imitation honey" or which contains a label with the word "honey" prominently displayed thereon.

(1) Package any product and label the product as "honey" or "imitation honey" or to use the word "honey" in any prominent location on the label of the product; or

(2) Sell or offer for sale any product that is labeled "honey" or "imitation honey" or which contains a label with the word "honey" prominently displayed thereon.

(b) (1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each violation shall constitute a separate offense.

(1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(2) Each violation shall constitute a separate offense.

Acts 1973, No. 513, §§ 1, 2; A.S.A. 1947, §§ 82-985, 82-986; Acts 2005, No. 1994, § 130.
Ark. Code Ann. § 20-48-904 — AR Code / Title 20 / Chapter 48 / Subchapter 9 / Section 20-48-904
Use of funds
Status: in_force

(a) (1) The provider fee assessed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund. (2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund. (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as it existed on January 1, 2009, shall be used only for: (A) Continued operation of and rate increases for: (i) Intermediate care facilities for individuals with intellectual and developmental disabilities; (ii) Early intervention day treatment and adult developmental day treatment service providers; and (iii) Services provided to persons with developmental disabilities under a community and employment supports services waiver; (B) Expansion of the Community and Employment Support Waiver Program to serve more persons with developmental disabilities than is approved under the waiver program; (C) The Division of Medical Services; and (D) Public guardianship of adults. (b) (1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities that are unused at the end of a fiscal year shall be carried forward. (2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities may not be used to supplant other local, state, or federal funds. Amended by Act 2019, No. 1035,§ 42, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 41, eff. 7/24/2019. Acts 2009, No. 433, § 1.

(a) (1) The provider fee assessed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund. (2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund. (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as it existed on January 1, 2009, shall be used only for: (A) Continued operation of and rate increases for: (i) Intermediate care facilities for individuals with intellectual and developmental disabilities; (ii) Early intervention day treatment and adult developmental day treatment service providers; and (iii) Services provided to persons with developmental disabilities under a community and employment supports services waiver; (B) Expansion of the Community and Employment Support Waiver Program to serve more persons with developmental disabilities than is approved under the waiver program; (C) The Division of Medical Services; and (D) Public guardianship of adults.

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

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

(3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as it existed on January 1, 2009, shall be used only for: (A) Continued operation of and rate increases for: (i) Intermediate care facilities for individuals with intellectual and developmental disabilities; (ii) Early intervention day treatment and adult developmental day treatment service providers; and (iii) Services provided to persons with developmental disabilities under a community and employment supports services waiver; (B) Expansion of the Community and Employment Support Waiver Program to serve more persons with developmental disabilities than is approved under the waiver program; (C) The Division of Medical Services; and (D) Public guardianship of adults.

(A) Continued operation of and rate increases for: (i) Intermediate care facilities for individuals with intellectual and developmental disabilities; (ii) Early intervention day treatment and adult developmental day treatment service providers; and (iii) Services provided to persons with developmental disabilities under a community and employment supports services waiver;

(i) Intermediate care facilities for individuals with intellectual and developmental disabilities;

(ii) Early intervention day treatment and adult developmental day treatment service providers; and

(iii) Services provided to persons with developmental disabilities under a community and employment supports services waiver;

(B) Expansion of the Community and Employment Support Waiver Program to serve more persons with developmental disabilities than is approved under the waiver program;

(C) The Division of Medical Services; and

(D) Public guardianship of adults.

(b) (1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities that are unused at the end of a fiscal year shall be carried forward. (2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities may not be used to supplant other local, state, or federal funds.

(1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities that are unused at the end of a fiscal year shall be carried forward.

(2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities may not be used to supplant other local, state, or federal funds.

Amended by Act 2019, No. 1035,§ 42, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 41, eff. 7/24/2019.

Acts 2009, No. 433, § 1.
Ark. Code Ann. § 20-10-201 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-201
Legislative intent
Status: in_force

The General Assembly declares that this act is necessary to assure the effective and coordinated regulation of long-term care facilities and long-term care facility administrators within an orderly organizational structure of government at such levels of economy as are consistent with the state's policy of promoting high standards of quality in the services and to eliminate overlapping and duplication of effort. Acts 1979, No. 28, § 2; A.S.A. 1947, § 82-2217.

The General Assembly declares that this act is necessary to assure the effective and coordinated regulation of long-term care facilities and long-term care facility administrators within an orderly organizational structure of government at such levels of economy as are consistent with the state's policy of promoting high standards of quality in the services and to eliminate overlapping and duplication of effort.

Acts 1979, No. 28, § 2; A.S.A. 1947, § 82-2217.
Ark. Code Ann. § 20-30-107 — AR Code / Title 20 / Chapter 30 / Section 20-30-107
Disposition of funds
Status: in_force

(a) All fees and fines levied and collected under this chapter are declared to be special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund. (b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to swimming pools that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 2132, eff. 7/24/2019. Acts 1987, No. 623, § 8.

(a) All fees and fines levied and collected under this chapter are declared to be special revenues and shall be deposited into the State Treasury to be credited to the Public Health Fund.

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

Amended by Act 2019, No. 315,§ 2132, eff. 7/24/2019.

Acts 1987, No. 623, § 8.
Ark. Code Ann. § 20-76-118 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-118
Veteran disability benefits - Supplemental Nutrition Assistance Program
Status: in_force

(a) As used in this section, "veteran disability benefits" means disability benefits provided to a veteran who: (1) Is a resident of this state; (2) Has been determined by the United States Department of Veterans Affairs to be a disabled service-connected veteran; and (3) Receives disability benefits as a result of a combat injury. (b) If allowed under federal law, the Department of Human Services shall seek a waiver from the United States Department of Agriculture Food and Nutrition Service to exclude veteran disability benefits as income for eligibility determinations for the Supplemental Nutrition Assistance Program benefits. Added by Act 2023, No. 201,§ 1, eff. 8/1/2023.

(a) As used in this section, "veteran disability benefits" means disability benefits provided to a veteran who: (1) Is a resident of this state; (2) Has been determined by the United States Department of Veterans Affairs to be a disabled service-connected veteran; and (3) Receives disability benefits as a result of a combat injury.

(1) Is a resident of this state;

(2) Has been determined by the United States Department of Veterans Affairs to be a disabled service-connected veteran; and

(3) Receives disability benefits as a result of a combat injury.

(b) If allowed under federal law, the Department of Human Services shall seek a waiver from the United States Department of Agriculture Food and Nutrition Service to exclude veteran disability benefits as income for eligibility determinations for the Supplemental Nutrition Assistance Program benefits.

Added by Act 2023, No. 201,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-80-203 — AR Code / Title 20 / Chapter 80 / Subchapter 2 / Section 20-80-203
Definitions
Status: in_force

As used in this subchapter: (1) "Community service" means social, health, welfare, educational, recreational development, maintenance, or restoration of natural resources, community betterment or beautification, environmental protection, and other services that are or might be essential and necessary to the community; (2) "Community-based agency" means a public or not-for-profit organization whose primary purposes and experiences are in the development and implementation of programs for the elderly; (3) (A) "Eligible individual or participant" means an individual who is fifty-five (55) years of age or older. (B) Furthermore, participants in the program funded under this subchapter shall not be considered to be state employees as a result of the employment for any purpose; and (4) "Program" means the Older Worker Community Service Employment Program. Amended by Act 2015, No. 295,§ 2, eff. 7/22/2015. Acts 1985, No. 1031, § 3; A.S.A. 1947, § 81-1509; Acts 1991, No. 772, § 1.

As used in this subchapter:

(1) "Community service" means social, health, welfare, educational, recreational development, maintenance, or restoration of natural resources, community betterment or beautification, environmental protection, and other services that are or might be essential and necessary to the community;

(2) "Community-based agency" means a public or not-for-profit organization whose primary purposes and experiences are in the development and implementation of programs for the elderly;

(3) (A) "Eligible individual or participant" means an individual who is fifty-five (55) years of age or older. (B) Furthermore, participants in the program funded under this subchapter shall not be considered to be state employees as a result of the employment for any purpose; and

(A) "Eligible individual or participant" means an individual who is fifty-five (55) years of age or older.

(B) Furthermore, participants in the program funded under this subchapter shall not be considered to be state employees as a result of the employment for any purpose; and

(4) "Program" means the Older Worker Community Service Employment Program.

Amended by Act 2015, No. 295,§ 2, eff. 7/22/2015.

Acts 1985, No. 1031, § 3; A.S.A. 1947, § 81-1509; Acts 1991, No. 772, § 1.
Ark. Code Ann. § 20-24-111 — AR Code / Title 20 / Chapter 24 / Section 20-24-111
Maintenance
Status: in_force

Every elevator, dumbwaiter, and escalator shall be maintained by the owner or lessee in a safe operating condition so that it conforms to the rules and requirements of the Elevator Safety Board as adopted under § 20-24-107(a) and (b) . Acts 1963, No. 189, § 10; A.S.A. 1947, § 82-1810.

Every elevator, dumbwaiter, and escalator shall be maintained by the owner or lessee in a safe operating condition so that it conforms to the rules and requirements of the Elevator Safety Board as adopted under § 20-24-107(a) and (b) .

Acts 1963, No. 189, § 10; A.S.A. 1947, § 82-1810.
Ark. Code Ann. § 20-16-806 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-806
Proof of identification and relationship to pregnant woman
Status: in_force

(a) The physician who performs the abortion shall obtain from the parent or legal guardian entitled to consent: (1) Positive proof of identification in the form of a valid government-issued photo identification card; and (2) Written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the pregnant woman. (b) A photocopy of the proof of identification of the parent or legal guardian and the written documentation that establishes the relationship of the parent or legal guardian to the pregnant woman shall be kept in the medical file of the pregnant woman for five (5) years past the age of majority of the pregnant woman, but in no event less than seven (7) years. (c) The physician who performs the abortion after receiving parental consent under this subchapter shall execute for inclusion in the medical record of the pregnant woman an affidavit stating the following: "I, (Insert the name of physician who performed the abortion), certify that according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the pregnant woman and her parent or legal guardian as sufficient evidence of identity and relationship." Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) The physician who performs the abortion shall obtain from the parent or legal guardian entitled to consent: (1) Positive proof of identification in the form of a valid government-issued photo identification card; and (2) Written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the pregnant woman.

(1) Positive proof of identification in the form of a valid government-issued photo identification card; and

(2) Written documentation that establishes that the parent or legal guardian is the lawful parent or legal guardian of the pregnant woman.

(b) A photocopy of the proof of identification of the parent or legal guardian and the written documentation that establishes the relationship of the parent or legal guardian to the pregnant woman shall be kept in the medical file of the pregnant woman for five (5) years past the age of majority of the pregnant woman, but in no event less than seven (7) years.

(c) The physician who performs the abortion after receiving parental consent under this subchapter shall execute for inclusion in the medical record of the pregnant woman an affidavit stating the following: "I, (Insert the name of physician who performed the abortion), certify that according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by both the pregnant woman and her parent or legal guardian as sufficient evidence of identity and relationship."

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-10-109 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-109
Findings - Intent
Status: in_force

(a) The General Assembly finds that: (1) Residents in Arkansas' long-term care facilities are particularly vulnerable to the theft or illegal diversion of personal funds designated as residents' share of cost under the Arkansas Medicaid Program; (2) The theft or illegal diversion of residents' share of cost under the program has an adverse impact on the resources available to ensure high-quality care for all facility residents; and (3) This section and § 20-10-110 are necessary to: (A) Protect long-term care residents' rights; (B) Provide appropriate resources for residents' care; and (C) Ensure that residents' funds designated to pay for long-term care are used for that purpose. (b) The General Assembly intends that this section and § 20-10-110 affect individuals who intentionally steal or divert residents' share of cost and not change the obligations or responsibilities of residents of long-term care facilities or deter legitimate disputes over the amount of a resident's share of cost. Acts 2005, No. 1273, § 1.

(a) The General Assembly finds that: (1) Residents in Arkansas' long-term care facilities are particularly vulnerable to the theft or illegal diversion of personal funds designated as residents' share of cost under the Arkansas Medicaid Program; (2) The theft or illegal diversion of residents' share of cost under the program has an adverse impact on the resources available to ensure high-quality care for all facility residents; and (3) This section and § 20-10-110 are necessary to: (A) Protect long-term care residents' rights; (B) Provide appropriate resources for residents' care; and (C) Ensure that residents' funds designated to pay for long-term care are used for that purpose.

(1) Residents in Arkansas' long-term care facilities are particularly vulnerable to the theft or illegal diversion of personal funds designated as residents' share of cost under the Arkansas Medicaid Program;

(2) The theft or illegal diversion of residents' share of cost under the program has an adverse impact on the resources available to ensure high-quality care for all facility residents; and

(3) This section and § 20-10-110 are necessary to: (A) Protect long-term care residents' rights; (B) Provide appropriate resources for residents' care; and (C) Ensure that residents' funds designated to pay for long-term care are used for that purpose.

(A) Protect long-term care residents' rights;

(B) Provide appropriate resources for residents' care; and

(C) Ensure that residents' funds designated to pay for long-term care are used for that purpose.

(b) The General Assembly intends that this section and § 20-10-110 affect individuals who intentionally steal or divert residents' share of cost and not change the obligations or responsibilities of residents of long-term care facilities or deter legitimate disputes over the amount of a resident's share of cost.

Acts 2005, No. 1273, § 1.
Ark. Code Ann. § 20-20-212 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-212
Licenses - Pilots
Status: in_force

(a) It shall be unlawful for any pilot to apply by means of an aircraft any pesticide, seed, or fertilizer in this state unless the pilot shall have a current valid license issued by the State Plant Board. (b) The issuance of the license shall be conditioned on his or her filing an application in the form prescribed by the board stating his or her name and address, his or her Federal Aviation Administration commercial or private pilot's certificate number, and his or her meeting any other conditions as may be set by the board in its rules. (c) The application shall be accompanied by a fee as set by the board in its rules. (d) Each pilot's license issued under this section shall expire on December 31 of each year. Amended by Act 2019, No. 315,§ 1992, eff. 7/24/2019. Acts 1975, No. 389, § 12; A.S.A. 1947, § 77-262.

(a) It shall be unlawful for any pilot to apply by means of an aircraft any pesticide, seed, or fertilizer in this state unless the pilot shall have a current valid license issued by the State Plant Board.

(b) The issuance of the license shall be conditioned on his or her filing an application in the form prescribed by the board stating his or her name and address, his or her Federal Aviation Administration commercial or private pilot's certificate number, and his or her meeting any other conditions as may be set by the board in its rules.

(c) The application shall be accompanied by a fee as set by the board in its rules.

(d) Each pilot's license issued under this section shall expire on December 31 of each year.

Amended by Act 2019, No. 315,§ 1992, eff. 7/24/2019.

Acts 1975, No. 389, § 12; A.S.A. 1947, § 77-262.
Ark. Code Ann. § 20-50-102 — AR Code / Title 20 / Chapter 50 / Section 20-50-102
Compact administrator - Powers and duties
Status: in_force

(a) Under this compact, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, or his or her designee, shall be the compact administrator and, acting jointly with like officers of other party states, shall have power to promulgate rules to carry out more effectively the terms of the compact. (b) The compact administrator is authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreements entered into by this state thereunder. Amended by Act 2017, No. 913,§ 91, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 16, eff. 8/16/2013. Acts 1971, No. 433, ch. 9, § 2; A.S.A. 1947, § 59-802; Acts 1995, No. 829, § 1.

(a) Under this compact, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, or his or her designee, shall be the compact administrator and, acting jointly with like officers of other party states, shall have power to promulgate rules to carry out more effectively the terms of the compact.

(b) The compact administrator is authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreements entered into by this state thereunder.

Amended by Act 2017, No. 913,§ 91, eff. 8/1/2017.

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

Acts 1971, No. 433, ch. 9, § 2; A.S.A. 1947, § 59-802; Acts 1995, No. 829, § 1.
Ark. Code Ann. § 20-27-1511 — AR Code / Title 20 / Chapter 27 / Subchapter 15 / Section 20-27-1511
[Repealed]
Status: repealed

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021. Added by Act 2013, No. 596,§ 3, eff. 8/16/2013.

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021.

Added by Act 2013, No. 596,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 20-10-226 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-226
Inspections of facilities
Status: in_force

The Department of Human Services shall make such inspections as it may prescribe by rule. Amended by Act 2019, No. 315,§ 1873, eff. 7/24/2019. Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347.

The Department of Human Services shall make such inspections as it may prescribe by rule.

Amended by Act 2019, No. 315,§ 1873, eff. 7/24/2019.

Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347.
Ark. Code Ann. § 20-13-802 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-802
Legislative findings
Status: in_force

The General Assembly finds that: (1) Traumatic injury is recognized as the leading killer of persons one (1) year to forty-four (44) years of age and is a serious yet preventable condition; (2) Deaths due to trauma in the United States for 2005 were nearly one hundred thirty-nine thousand (139,000), and children nineteen (19) years of age or younger accounted for nearly twelve percent (12%) of the deaths; (3) In 2006, two thousand one hundred nineteen (2,119) Arkansans lost their lives and twenty-five thousand three hundred eight (25,308) were admitted to hospitals due to trauma; (4) The State of Arkansas incurs a massive expense from trauma in lives lost, productive years destroyed, and the emotional and monetary expense of caring for victims of trauma; and (5) The experience of other states has shown that a comprehensive trauma system, including all phases of trauma care from prevention, prehospital care, and trauma center designation to rehabilitative care, can vastly improve overall trauma problems. Acts 1993, No. 559, § 2; 2009, No. 393, § 1.

The General Assembly finds that:

(1) Traumatic injury is recognized as the leading killer of persons one (1) year to forty-four (44) years of age and is a serious yet preventable condition;

(2) Deaths due to trauma in the United States for 2005 were nearly one hundred thirty-nine thousand (139,000), and children nineteen (19) years of age or younger accounted for nearly twelve percent (12%) of the deaths;

(3) In 2006, two thousand one hundred nineteen (2,119) Arkansans lost their lives and twenty-five thousand three hundred eight (25,308) were admitted to hospitals due to trauma;

(4) The State of Arkansas incurs a massive expense from trauma in lives lost, productive years destroyed, and the emotional and monetary expense of caring for victims of trauma; and

(5) The experience of other states has shown that a comprehensive trauma system, including all phases of trauma care from prevention, prehospital care, and trauma center designation to rehabilitative care, can vastly improve overall trauma problems.

Acts 1993, No. 559, § 2; 2009, No. 393, § 1.
Ark. Code Ann. § 20-76-803 — AR Code / Title 20 / Chapter 76 / Subchapter 8 / Section 20-76-803
Employment and training program requirement
Status: in_force

The Department of Human Services shall require an able-bodied adult under sixty (60) years of age who receives Supplemental Nutrition Assistance Program benefits, has dependents who are all at least six (6) years of age and under eighteen (18) years of age or who has no dependents, and is not otherwise subject to the requirements under 7 U.S.C. § 2015(o) , as it existed on January 1, 2019, to participate in an employment and training program established under 7 U.S.C. § 2015(d)(4) , as it existed on January 1, 2019, including without limitation a program operated by the department that authorizes a work registrant to perform public service activities through work experience to fulfill the work requirement necessary to receive Supplemental Nutrition Assistance Program benefits. Added by Act 2019, No. 974,§ 1, eff. 7/24/2019. See Act 2019, No. 974, § 2.

The Department of Human Services shall require an able-bodied adult under sixty (60) years of age who receives Supplemental Nutrition Assistance Program benefits, has dependents who are all at least six (6) years of age and under eighteen (18) years of age or who has no dependents, and is not otherwise subject to the requirements under 7 U.S.C. § 2015(o) , as it existed on January 1, 2019, to participate in an employment and training program established under 7 U.S.C. § 2015(d)(4) , as it existed on January 1, 2019, including without limitation a program operated by the department that authorizes a work registrant to perform public service activities through work experience to fulfill the work requirement necessary to receive Supplemental Nutrition Assistance Program benefits.

Added by Act 2019, No. 974,§ 1, eff. 7/24/2019.

See Act 2019, No. 974, § 2.
Ark. Code Ann. § 20-27-2404 — AR Code / Title 20 / Chapter 27 / Subchapter 24 / Section 20-27-2404
Rules - Enforcement
Status: in_force

(a) The Arkansas Tobacco Control Board may adopt rules to implement this subchapter. (b) (1) The board, Arkansas Tobacco Control, and their authorized agents may enforce compliance with this subchapter and any rules adopted under this section by the board. (2) Arkansas Tobacco Control and its authorized agents may enter and inspect the premises of a public place at a reasonable time and in a reasonable manner. Amended by Act 2013, No. 1273,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1132,§ 24, eff. 8/16/2013. Acts 2011, No. 198, § 1.

(a) The Arkansas Tobacco Control Board may adopt rules to implement this subchapter.

(b) (1) The board, Arkansas Tobacco Control, and their authorized agents may enforce compliance with this subchapter and any rules adopted under this section by the board. (2) Arkansas Tobacco Control and its authorized agents may enter and inspect the premises of a public place at a reasonable time and in a reasonable manner.

(1) The board, Arkansas Tobacco Control, and their authorized agents may enforce compliance with this subchapter and any rules adopted under this section by the board.

(2) Arkansas Tobacco Control and its authorized agents may enter and inspect the premises of a public place at a reasonable time and in a reasonable manner.

Amended by Act 2013, No. 1273,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1132,§ 24, eff. 8/16/2013.

Acts 2011, No. 198, § 1.
Ark. Code Ann. § 20-16-204 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-204
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1062,§ 2, eff. 7/22/2015. Acts 1985, No. 214, §§ 5, 11; A.S.A. 1947, §§ 82-4612, 82-4618; Acts 1997, No. 250, § 189.

Repealed by Act 2015, No. 1062,§ 2, eff. 7/22/2015.

Acts 1985, No. 214, §§ 5, 11; A.S.A. 1947, §§ 82-4612, 82-4618; Acts 1997, No. 250, § 189.
Ark. Code Ann. § 20-7-503 — AR Code / Title 20 / Chapter 7 / Subchapter 5 / Section 20-7-503
Arkansas Health-Conscious Shopper Program
Status: in_force

(a) There is created the Arkansas Health-Conscious Shopper Program. (b) Under the program, each Arkansas business that uses shopping carts or infant carriers is encouraged to voluntarily provide consumers with sanitation wipes at the entrance of its business on or before January 1, 2008. Acts 2007, No. 48, § 1.

(a) There is created the Arkansas Health-Conscious Shopper Program.

(b) Under the program, each Arkansas business that uses shopping carts or infant carriers is encouraged to voluntarily provide consumers with sanitation wipes at the entrance of its business on or before January 1, 2008.

Acts 2007, No. 48, § 1.
Ark. Code Ann. § 20-9-310 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-310
No liability for furnishing medical records or accessing information pursuant to subpoena or other legal obligation or authority
Status: in_force

Notwithstanding any other law to the contrary, no person or medical facility serving as a custodian of health or medical records shall be subject to any civil or criminal liability for: (1) Providing access to or producing copies of the records pursuant to a subpoena issued by any board, agency, commission, prosecuting attorney, or grand jury; (2) Providing access to or producing a copy of the health or medical records requested by a clerk of a court, the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, the Department of Health, the Department of Human Services, or a local law enforcement agency under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; or (3) Requesting or accessing information under § 17-80-116 . Amended by Act 2019, No. 910,§ 995, eff. 7/1/2019. Acts 1999, No. 1536, § 12; 2006 (1st Ex. Sess.), No. 4, § 10.

Notwithstanding any other law to the contrary, no person or medical facility serving as a custodian of health or medical records shall be subject to any civil or criminal liability for:

(1) Providing access to or producing copies of the records pursuant to a subpoena issued by any board, agency, commission, prosecuting attorney, or grand jury;

(2) Providing access to or producing a copy of the health or medical records requested by a clerk of a court, the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, the Department of Health, the Department of Human Services, or a local law enforcement agency under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; or

(3) Requesting or accessing information under § 17-80-116 .

Amended by Act 2019, No. 910,§ 995, eff. 7/1/2019.

Acts 1999, No. 1536, § 12; 2006 (1st Ex. Sess.), No. 4, § 10.
Ark. Code Ann. § 20-21-505 — AR Code / Title 20 / Chapter 21 / Subchapter 5 / Section 20-21-505
Reporting requirements
Status: in_force

The chief executive officer of the county shall be responsible for submitting the following progress reports: (1) Quarterly Fiscal Report. Within thirty (30) days following the end of each fiscal quarter, a report detailing the expenditure of grant moneys shall be submitted to the Nuclear Planning and Response Program of the Division of Radiation Control and Emergency Management of the Department of Health. The next quarter's funds shall not be authorized until receipt of the report covering the preceding quarter; and (2) Year-End Program Report. Within thirty (30) days of the completion of the state fiscal year, a report shall be submitted to the program containing the fourth quarter fiscal report and a narrative report on the status of the county's ability to implement its radiological response plan. Acts 1983, No. 536, § 5; A.S.A. 1947, § 82-1550.

The chief executive officer of the county shall be responsible for submitting the following progress reports:

(1) Quarterly Fiscal Report. Within thirty (30) days following the end of each fiscal quarter, a report detailing the expenditure of grant moneys shall be submitted to the Nuclear Planning and Response Program of the Division of Radiation Control and Emergency Management of the Department of Health. The next quarter's funds shall not be authorized until receipt of the report covering the preceding quarter; and

(2) Year-End Program Report. Within thirty (30) days of the completion of the state fiscal year, a report shall be submitted to the program containing the fourth quarter fiscal report and a narrative report on the status of the county's ability to implement its radiological response plan.

Acts 1983, No. 536, § 5; A.S.A. 1947, § 82-1550.
Ark. Code Ann. § 20-7-609 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-609
Authority to contract
Status: in_force

(a) The Department of Health may contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the Prescription Drug Monitoring Program. (b) A contractor shall be bound to comply with the provisions regarding confidentiality of prescription information as outlined in this subchapter and shall be subject to the penalties specified in this subchapter for unlawful acts. Acts 2011, No. 304, § 1.

(a) The Department of Health may contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the Prescription Drug Monitoring Program.

(b) A contractor shall be bound to comply with the provisions regarding confidentiality of prescription information as outlined in this subchapter and shall be subject to the penalties specified in this subchapter for unlawful acts.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-58-203 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-203
Applicability
Status: in_force

This subchapter shall be applicable to all retailers of eggs except that retailers shall be permitted to sell eggs when the eggs are purchased directly from producers who own fewer than seven hundred (700) hens, provided that the following requirements are met: (1) The eggs are washed and clean; (2) The eggs are prepackaged and identified as ungraded with the name and address of the producer; (3) The used cartons are not used unless all brand markings and other identification are obliterated; and (4) The eggs are refrigerated and maintained at a temperature of forty-five degrees Fahrenheit (45° F) or below. Amended by Act 2023, No. 598,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 467,§ 1, eff. 8/1/2023. Acts 1969, No. 220, § 3; A.S.A. 1947, § 82-1303; Acts 1997, No. 700, § 1.

This subchapter shall be applicable to all retailers of eggs except that retailers shall be permitted to sell eggs when the eggs are purchased directly from producers who own fewer than seven hundred (700) hens, provided that the following requirements are met:

(1) The eggs are washed and clean;

(2) The eggs are prepackaged and identified as ungraded with the name and address of the producer;

(3) The used cartons are not used unless all brand markings and other identification are obliterated; and

(4) The eggs are refrigerated and maintained at a temperature of forty-five degrees Fahrenheit (45° F) or below.

Amended by Act 2023, No. 598,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 467,§ 1, eff. 8/1/2023.

Acts 1969, No. 220, § 3; A.S.A. 1947, § 82-1303; Acts 1997, No. 700, § 1.
Ark. Code Ann. § 20-77-2404 — AR Code / Title 20 / Chapter 77 / Subchapter 24 / Section 20-77-2404
[Repealed]
Status: repealed

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

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

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

Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 20-83-101 — AR Code / Title 20 / Chapter 83 / Section 20-83-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Farmers' Market Nutrition Program Act". Acts 1993, No. 1218, § 1.

This subchapter shall be known and may be cited as the "Arkansas Farmers' Market Nutrition Program Act".

Acts 1993, No. 1218, § 1.
Ark. Code Ann. § 20-22-903 — AR Code / Title 20 / Chapter 22 / Subchapter 9 / Section 20-22-903
Authority of Arkansas Forestry Commission not affected
Status: in_force

This subchapter and § 23-88-102 shall in no way modify or limit the existing authority of the Arkansas Forestry Commission, nor shall it be construed as repealing any law applicable to the commission. Acts 1987, No. 836, § 4.

This subchapter and § 23-88-102 shall in no way modify or limit the existing authority of the Arkansas Forestry Commission, nor shall it be construed as repealing any law applicable to the commission.

Acts 1987, No. 836, § 4.
Ark. Code Ann. § 20-19-304 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-304
Penalties
Status: in_force

(a) (1) A person shall be guilty of a violation for: (A) Violating or aiding in or abetting the violation of any provision of this subchapter; (B) Making a misrepresentation in regard to any matter prescribed by this subchapter; (C) Resisting, obstructing, or impeding any authorized officer in enforcing this subchapter; or (D) Refusing to produce for inoculation against rabies any dog or cat in his or her possession. (2) Upon conviction, the person shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense. (b) Any dog or cat termed a stray that is not vaccinated against rabies is subject to destruction. (c) (1) Any officers failing, refusing, or neglecting to carry out the provisions of this subchapter shall be guilty of a violation. (2) Upon conviction, the officer shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense. Acts 1968 (1st Ex. Sess.), No. 11, §§ 5, 9; 1975, No. 725, § 4; A.S.A. 1947, §§ 82-2405, 82-2409; Acts 2005, No. 1994, § 115.

(a) (1) A person shall be guilty of a violation for: (A) Violating or aiding in or abetting the violation of any provision of this subchapter; (B) Making a misrepresentation in regard to any matter prescribed by this subchapter; (C) Resisting, obstructing, or impeding any authorized officer in enforcing this subchapter; or (D) Refusing to produce for inoculation against rabies any dog or cat in his or her possession. (2) Upon conviction, the person shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

(1) A person shall be guilty of a violation for: (A) Violating or aiding in or abetting the violation of any provision of this subchapter; (B) Making a misrepresentation in regard to any matter prescribed by this subchapter; (C) Resisting, obstructing, or impeding any authorized officer in enforcing this subchapter; or (D) Refusing to produce for inoculation against rabies any dog or cat in his or her possession.

(A) Violating or aiding in or abetting the violation of any provision of this subchapter;

(B) Making a misrepresentation in regard to any matter prescribed by this subchapter;

(C) Resisting, obstructing, or impeding any authorized officer in enforcing this subchapter; or

(D) Refusing to produce for inoculation against rabies any dog or cat in his or her possession.

(2) Upon conviction, the person shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

(b) Any dog or cat termed a stray that is not vaccinated against rabies is subject to destruction.

(c) (1) Any officers failing, refusing, or neglecting to carry out the provisions of this subchapter shall be guilty of a violation. (2) Upon conviction, the officer shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

(1) Any officers failing, refusing, or neglecting to carry out the provisions of this subchapter shall be guilty of a violation.

(2) Upon conviction, the officer shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

Acts 1968 (1st Ex. Sess.), No. 11, §§ 5, 9; 1975, No. 725, § 4; A.S.A. 1947, §§ 82-2405, 82-2409; Acts 2005, No. 1994, § 115.
Ark. Code Ann. § 20-64-909 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-909
Penalties
Status: in_force

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any alcohol, drug, or alcohol and drug abuse treatment program within the meaning of this subchapter without first obtaining licensure shall be guilty of a Class A misdemeanor and upon conviction shall be liable to a fine imposed pursuant to a Class A misdemeanor. (b) Each day that an alcohol and drug abuse treatment program shall operate after a first conviction shall be considered a Class D felony and upon conviction shall be liable to a fine imposed pursuant to a Class D felony. Acts 1995, No. 173, § 7.

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any alcohol, drug, or alcohol and drug abuse treatment program within the meaning of this subchapter without first obtaining licensure shall be guilty of a Class A misdemeanor and upon conviction shall be liable to a fine imposed pursuant to a Class A misdemeanor.

(b) Each day that an alcohol and drug abuse treatment program shall operate after a first conviction shall be considered a Class D felony and upon conviction shall be liable to a fine imposed pursuant to a Class D felony.

Acts 1995, No. 173, § 7.
Ark. Code Ann. § 20-16-814 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-814
Additional information reported by abortion providers
Status: in_force

(a) In addition to other information reported by an abortion provider to the Department of Health, the following information shall be reported for each induced termination of pregnancy: (1) Whether parental consent was required; (2) Whether parental consent was obtained; and (3) Whether a judicial waiver was obtained. (b) The department shall revise its forms utilized by abortion providers to report an induced termination of pregnancy by including the reporting of information required by this section. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) In addition to other information reported by an abortion provider to the Department of Health, the following information shall be reported for each induced termination of pregnancy: (1) Whether parental consent was required; (2) Whether parental consent was obtained; and (3) Whether a judicial waiver was obtained.

(1) Whether parental consent was required;

(2) Whether parental consent was obtained; and

(3) Whether a judicial waiver was obtained.

(b) The department shall revise its forms utilized by abortion providers to report an induced termination of pregnancy by including the reporting of information required by this section.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-16-1206 — AR Code / Title 20 / Chapter 16 / Subchapter 12 / Section 20-16-1206
Hearings before the Arkansas State Medical Board
Status: in_force

(a) A physician accused of a violation of this subchapter may seek a hearing before the Arkansas State Medical Board to determine whether the physician's conduct was necessary to save the life of the female under § 20-16-1203 . (b) Findings from a hearing held under subsection (a) of this section are admissible at the trial of the physician on the issue of whether the physician's conduct was necessary to save the life of the female under § 20-16-1203 . (c) Upon a motion of the physician, the circuit court shall delay the beginning of the trial for not more than ninety (90) days to permit a hearing under subsection (a) of this section to take place. Acts 2009, No. 196, § 1.

(a) A physician accused of a violation of this subchapter may seek a hearing before the Arkansas State Medical Board to determine whether the physician's conduct was necessary to save the life of the female under § 20-16-1203 .

(b) Findings from a hearing held under subsection (a) of this section are admissible at the trial of the physician on the issue of whether the physician's conduct was necessary to save the life of the female under § 20-16-1203 .

(c) Upon a motion of the physician, the circuit court shall delay the beginning of the trial for not more than ninety (90) days to permit a hearing under subsection (a) of this section to take place.

Acts 2009, No. 196, § 1.
Ark. Code Ann. § 20-29-106 — AR Code / Title 20 / Chapter 29 / Section 20-29-106
Payment of damages - Award from Manufactured Housing Recovery Fund when damages not paid
Status: in_force

(a) Upon a finding by the Arkansas Manufactured Home Commission that a standard has been violated, the commission shall direct the respondent licensee, retailer, installer, or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the commission. (b) If the violation is not corrected within ninety (90) days following the written decision of the commission and if no appeal of the decision has been filed in the circuit court, the commission, upon request, shall pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home if: (1) The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer; (2) The fund balance is sufficient to pay the award; (3) The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and (4) The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment. (c) Nothing in this section shall obligate the fund for any amount in excess of twelve thousand five hundred dollars ($12,500) per installer, twenty-five thousand dollars ($25,000) per retailer, or seventy-five thousand dollars ($75,000) per manufacturer with respect to the actions of any one (1) licensee, installer, retailer, or manufacturer. Acts 1987, No. 346, § 3; 2001, No. 1263, § 3.

(a) Upon a finding by the Arkansas Manufactured Home Commission that a standard has been violated, the commission shall direct the respondent licensee, retailer, installer, or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the commission.

(b) If the violation is not corrected within ninety (90) days following the written decision of the commission and if no appeal of the decision has been filed in the circuit court, the commission, upon request, shall pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home if: (1) The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer; (2) The fund balance is sufficient to pay the award; (3) The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and (4) The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment.

(1) The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer;

(2) The fund balance is sufficient to pay the award;

(3) The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and

(4) The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment.

(c) Nothing in this section shall obligate the fund for any amount in excess of twelve thousand five hundred dollars ($12,500) per installer, twenty-five thousand dollars ($25,000) per retailer, or seventy-five thousand dollars ($75,000) per manufacturer with respect to the actions of any one (1) licensee, installer, retailer, or manufacturer.

Acts 1987, No. 346, § 3; 2001, No. 1263, § 3.
Ark. Code Ann. § 20-16-401 — AR Code / Title 20 / Chapter 16 / Subchapter 4 / Section 20-16-401
Department of Health
Status: in_force

This subchapter shall not be applicable to the Department of Health. Acts 1983, No. 773, § 7; A.S.A. 1947, § 82-4607.

This subchapter shall not be applicable to the Department of Health.

Acts 1983, No. 773, § 7; A.S.A. 1947, § 82-4607.
Ark. Code Ann. § 20-48-403 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-403
Human development centers - Creation
Status: in_force

(a) There are created and there shall be maintained institutions for the care, custody, treatment, and training of individuals with intellectual and other developmental disabilities to be known as "human development centers". (b) For the purposes of the institutions, the Board of Developmental Disabilities Services is charged with the care and training of individuals with intellectual and other developmental disabilities. Amended by Act 2019, No. 1035,§ 27, eff. 7/24/2019. Acts 1955, No. 6, § 2; A.S.A. 1947, § 59-1102.

(a) There are created and there shall be maintained institutions for the care, custody, treatment, and training of individuals with intellectual and other developmental disabilities to be known as "human development centers".

(b) For the purposes of the institutions, the Board of Developmental Disabilities Services is charged with the care and training of individuals with intellectual and other developmental disabilities.

Amended by Act 2019, No. 1035,§ 27, eff. 7/24/2019.

Acts 1955, No. 6, § 2; A.S.A. 1947, § 59-1102.
Ark. Code Ann. § 20-78-804 — AR Code / Title 20 / Chapter 78 / Subchapter 8 / Section 20-78-804
Monitoring and assessment
Status: in_force

The Division of Child Care and Early Childhood Education of the Department of Human Services shall periodically monitor and assess a person holding a birth through prekindergarten teaching credential as the division may determine by rule. Acts 2009, No. 187, § 3.

The Division of Child Care and Early Childhood Education of the Department of Human Services shall periodically monitor and assess a person holding a birth through prekindergarten teaching credential as the division may determine by rule.

Acts 2009, No. 187, § 3.
Ark. Code Ann. § 20-59-242 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-242
Unlawful acts - Bacteria count of frozen dessert
Status: in_force

It shall be unlawful for any dairy products plant to produce, manufacture, freeze, process, sell, expose, or offer for sale any frozen dessert having a bacteria count on three (3) consecutive tests of more than one hundred thousand (100,000) bacteria per gram. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful for any dairy products plant to produce, manufacture, freeze, process, sell, expose, or offer for sale any frozen dessert having a bacteria count on three (3) consecutive tests of more than one hundred thousand (100,000) bacteria per gram.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-9-905 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-905
Penalty
Status: in_force

(a) A person who violates any provision of this subchapter or any rule adopted under this subchapter shall be guilty of a violation and upon conviction shall be subject to a penalty not exceeding one thousand dollars ($1,000). (b) Each day that a violation is continued after the first conviction is a separate offense. Amended by Act 2019, No. 315,§ 1849, eff. 7/24/2019. Acts 1989, No. 537, § 12; Acts 2005, No. 1994, § 108.

(a) A person who violates any provision of this subchapter or any rule adopted under this subchapter shall be guilty of a violation and upon conviction shall be subject to a penalty not exceeding one thousand dollars ($1,000).

(b) Each day that a violation is continued after the first conviction is a separate offense.

Amended by Act 2019, No. 315,§ 1849, eff. 7/24/2019.

Acts 1989, No. 537, § 12; Acts 2005, No. 1994, § 108.
Ark. Code Ann. § 20-15-710 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-710
Violations of commitment - Penalties
Status: in_force

(a) A person committed to an institution who is found guilty of violating the rules and regulations of the institution or of conducting himself or herself in a disorderly manner may be confined for a period not to exceed six (6) months in any place where persons convicted of disorderly conduct may be confined. (b) Any person committed to an institution pursuant to this subchapter, who shall leave or attempt to leave the institution without being properly discharged by the superintendent of the institution or his or her authorized agent, shall be guilty of a misdemeanor and upon conviction shall be imprisoned for a period of not less than six (6) months nor more than one (1) year. (c) Any person confined or imprisoned pursuant to this section shall be kept separate from the other inmates of the place of confinement. Upon completion of the period of confinement, he or she shall be returned to the hospital or sanatorium where originally committed. (d) Any person confined or imprisoned pursuant to the provisions of this section may be confined or imprisoned in the hospital or sanatorium where originally committed if facilities for confinement or imprisonment are available at the hospital or sanatorium. Acts 1955, No. 161, § 11; 1963, No. 174, § 1; A.S.A. 1947, § 82-621.

(a) A person committed to an institution who is found guilty of violating the rules and regulations of the institution or of conducting himself or herself in a disorderly manner may be confined for a period not to exceed six (6) months in any place where persons convicted of disorderly conduct may be confined.

(b) Any person committed to an institution pursuant to this subchapter, who shall leave or attempt to leave the institution without being properly discharged by the superintendent of the institution or his or her authorized agent, shall be guilty of a misdemeanor and upon conviction shall be imprisoned for a period of not less than six (6) months nor more than one (1) year.

(c) Any person confined or imprisoned pursuant to this section shall be kept separate from the other inmates of the place of confinement. Upon completion of the period of confinement, he or she shall be returned to the hospital or sanatorium where originally committed.

(d) Any person confined or imprisoned pursuant to the provisions of this section may be confined or imprisoned in the hospital or sanatorium where originally committed if facilities for confinement or imprisonment are available at the hospital or sanatorium.

Acts 1955, No. 161, § 11; 1963, No. 174, § 1; A.S.A. 1947, § 82-621.
Ark. Code Ann. § 20-15-708 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-708
Observation of rules and regulations required
Status: in_force

(a) A person who is committed to the hospital or sanatorium under the provisions of this subchapter shall observe all the rules and regulations of the hospital or sanatorium. (b) The superintendent of the institution may file a complaint in the district court against a person committed to the institution under the provisions of this subchapter who willfully violates the rules and regulations of the institution or who conducts himself or herself in a disorderly manner. A person so charged shall have the legal procedural rights of a person charged with disorderly conduct. Acts 1955, No. 161, §§ 9, 10; A.S.A. 1947, §§ 82-619, 82-620; Acts 2003, No. 1185, § 255.

(a) A person who is committed to the hospital or sanatorium under the provisions of this subchapter shall observe all the rules and regulations of the hospital or sanatorium.

(b) The superintendent of the institution may file a complaint in the district court against a person committed to the institution under the provisions of this subchapter who willfully violates the rules and regulations of the institution or who conducts himself or herself in a disorderly manner. A person so charged shall have the legal procedural rights of a person charged with disorderly conduct.

Acts 1955, No. 161, §§ 9, 10; A.S.A. 1947, §§ 82-619, 82-620; Acts 2003, No. 1185, § 255.
Ark. Code Ann. § 20-16-1109 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1109
Penalties
Status: in_force

(a) A person who knowingly or recklessly performs or attempts to perform a termination of a pregnancy in violation of this subchapter or who fails to report under § 20-16-1108 shall be subject to disciplinary action by the Arkansas State Medical Board and is guilty upon conviction of a Class A misdemeanor. (b) A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed. (c) A penalty or civil liability shall not be assessed for failure to comply with any provision of this subchapter unless the Department of Health has made the printed materials available at the time that the physician or the physician's agent is required to inform the woman of her right to review them. Amended by Act 2019, No. 801,§ 6, eff. 7/24/2019. Acts 2005, No. 1696, § 1.

(a) A person who knowingly or recklessly performs or attempts to perform a termination of a pregnancy in violation of this subchapter or who fails to report under § 20-16-1108 shall be subject to disciplinary action by the Arkansas State Medical Board and is guilty upon conviction of a Class A misdemeanor.

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

(c) A penalty or civil liability shall not be assessed for failure to comply with any provision of this subchapter unless the Department of Health has made the printed materials available at the time that the physician or the physician's agent is required to inform the woman of her right to review them.

Amended by Act 2019, No. 801,§ 6, eff. 7/24/2019.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-78-226 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-226
Violation
Status: in_force

(a) It shall be unlawful to transport children in a vehicle that is required to have an approved child safety alarm device as provided under § 20-78-225 if the approved child safety alarm device: (1) Has not been installed; (2) Is not in proper working condition; or (3) Has been disconnected. (b) Any person who knowingly violates the provisions of this section shall be guilty of a Class A misdemeanor. Acts 2005, No. 1979, § 4.

(a) It shall be unlawful to transport children in a vehicle that is required to have an approved child safety alarm device as provided under § 20-78-225 if the approved child safety alarm device: (1) Has not been installed; (2) Is not in proper working condition; or (3) Has been disconnected.

(1) Has not been installed;

(2) Is not in proper working condition; or

(3) Has been disconnected.

(b) Any person who knowingly violates the provisions of this section shall be guilty of a Class A misdemeanor.

Acts 2005, No. 1979, § 4.
Ark. Code Ann. § 20-47-219 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-219
Return of persons absent from treatment - Noncompliance with treatment plan - Effect on order
Status: in_force

(a) If any person involuntarily admitted to a receiving facility or program or hospital for care pursuant to this subchapter absents himself or herself from a receiving facility or program or hospital without leave or fails to comply with the court-approved treatment plan, the person will be returned, upon the request of the person's treatment staff, to the receiving facility or program or hospital by the sheriff of the county or law enforcement officer of the city of the first class in which the individual is physically present or the hospital or receiving facility or program security personnel without further proceedings. (b) Notification shall be provided to the court by the person's treatment staff if a person absents himself or herself without leave or fails to comply with the court-approved treatment plan. (c) A person's noncompliance with the court-approved treatment plan or absenting himself or herself from a receiving facility or program or hospital without leave shall not vacate an order; the order shall remain in effect until abated or changed by the issuing court or until the expiration of one (1) year. Acts 1989, No. 861, § 18.

(a) If any person involuntarily admitted to a receiving facility or program or hospital for care pursuant to this subchapter absents himself or herself from a receiving facility or program or hospital without leave or fails to comply with the court-approved treatment plan, the person will be returned, upon the request of the person's treatment staff, to the receiving facility or program or hospital by the sheriff of the county or law enforcement officer of the city of the first class in which the individual is physically present or the hospital or receiving facility or program security personnel without further proceedings.

(b) Notification shall be provided to the court by the person's treatment staff if a person absents himself or herself without leave or fails to comply with the court-approved treatment plan.

(c) A person's noncompliance with the court-approved treatment plan or absenting himself or herself from a receiving facility or program or hospital without leave shall not vacate an order; the order shall remain in effect until abated or changed by the issuing court or until the expiration of one (1) year.

Acts 1989, No. 861, § 18.
Ark. Code Ann. § 20-45-101 — AR Code / Title 20 / Chapter 45 / Subchapter 1 / Section 20-45-101
County representation on certain boards required
Status: in_force

(a) The membership of the governing board of any nonprofit organization which receives mental health funds from the State of Arkansas on a per-capita basis shall include at least one (1) member from each of the various counties for which funds are received by the organization. (b) However, no county shall have more than a simple majority of members on the board unless the county has more than fifty percent (50%) of the population of the area from which the nonprofit organization receives mental health funds. Acts 1971, No. 93, § 1; A.S.A. 1947, § 59-1201.

(a) The membership of the governing board of any nonprofit organization which receives mental health funds from the State of Arkansas on a per-capita basis shall include at least one (1) member from each of the various counties for which funds are received by the organization.

(b) However, no county shall have more than a simple majority of members on the board unless the county has more than fifty percent (50%) of the population of the area from which the nonprofit organization receives mental health funds.

Acts 1971, No. 93, § 1; A.S.A. 1947, § 59-1201.
Ark. Code Ann. § 20-60-304 — AR Code / Title 20 / Chapter 60 / Subchapter 3 / Section 20-60-304
Acceptance service - Authority of meat inspectors
Status: in_force

(a) The acceptance service to be provided by the Department of Agriculture is to be accomplished by employees of the state who are authorized to inspect livestock, livestock carcasses, parts of livestock carcasses, or meat food products under the provisions of the Arkansas Meat and Meat Products Inspection Act, § 20-60-201 et seq. (b) Department meat inspectors are designated and authorized to certify as to whether or not meat and meat food products conform with specification requirements cited in official purchase agreements regarding requirements such as type, class, style, weight range, state of refrigeration, required packaging, and other suitability factors. Amended by Act 2021, No. 418,§ 3, eff. 3/23/2021. Acts 1971, No. 468, § 3; A.S.A. 1947, § 82-2020.

(a) The acceptance service to be provided by the Department of Agriculture is to be accomplished by employees of the state who are authorized to inspect livestock, livestock carcasses, parts of livestock carcasses, or meat food products under the provisions of the Arkansas Meat and Meat Products Inspection Act, § 20-60-201 et seq.

(b) Department meat inspectors are designated and authorized to certify as to whether or not meat and meat food products conform with specification requirements cited in official purchase agreements regarding requirements such as type, class, style, weight range, state of refrigeration, required packaging, and other suitability factors.

Amended by Act 2021, No. 418,§ 3, eff. 3/23/2021.

Acts 1971, No. 468, § 3; A.S.A. 1947, § 82-2020.
Ark. Code Ann. § 20-21-220 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-220
Training programs
Status: in_force

The State Radiation Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter. Acts 1961 (2nd Ex. Sess.), No. 8, § 9; A.S.A. 1947, § 82-1520.

The State Radiation Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter.

Acts 1961 (2nd Ex. Sess.), No. 8, § 9; A.S.A. 1947, § 82-1520.
Ark. Code Ann. § 20-27-1705 — AR Code / Title 20 / Chapter 27 / Subchapter 17 / Section 20-27-1705
Investigation
Status: in_force

(a) (1) A copy of a child death investigation report required under this subchapter, including information from law enforcement agencies, coroners, fire departments, or medical providers, or any other information relative to the death investigation shall be provided to the Arkansas Child Death Review Panel within thirty (30) days from the date the Arkansas Child Death Review Panel requests the information. (2) Subdivision (a)(1) of this section is not applicable to a death that is under criminal investigation or prosecution or has been adjudicated in a court of law. (b) (1) The Arkansas Child Death Review Panel or a local or regional review panel may access medical records and vital records in the custody of physicians, hospitals, clinics, other healthcare providers, and the Department of Health concerning the unexpected death of the child being investigated. (2) The Arkansas Child Death Review Panel may request any other information, documents, or records pertaining to the completed investigation of unexpected deaths of children. (c) Nothing in this subchapter shall alter or restrict the authority or jurisdiction of a county coroner. (d) When the Arkansas Child Death Review Panel determines that a parent or guardian was treating a child according to the tenets and practices of a recognized religious method of treatment that has a reasonable proven record of success, the Arkansas Child Death Review Panel is not required to make a finding of negligent treatment or maltreatment. Acts 2005, No. 1818, § 1.

(a) (1) A copy of a child death investigation report required under this subchapter, including information from law enforcement agencies, coroners, fire departments, or medical providers, or any other information relative to the death investigation shall be provided to the Arkansas Child Death Review Panel within thirty (30) days from the date the Arkansas Child Death Review Panel requests the information. (2) Subdivision (a)(1) of this section is not applicable to a death that is under criminal investigation or prosecution or has been adjudicated in a court of law.

(1) A copy of a child death investigation report required under this subchapter, including information from law enforcement agencies, coroners, fire departments, or medical providers, or any other information relative to the death investigation shall be provided to the Arkansas Child Death Review Panel within thirty (30) days from the date the Arkansas Child Death Review Panel requests the information.

(2) Subdivision (a)(1) of this section is not applicable to a death that is under criminal investigation or prosecution or has been adjudicated in a court of law.

(b) (1) The Arkansas Child Death Review Panel or a local or regional review panel may access medical records and vital records in the custody of physicians, hospitals, clinics, other healthcare providers, and the Department of Health concerning the unexpected death of the child being investigated. (2) The Arkansas Child Death Review Panel may request any other information, documents, or records pertaining to the completed investigation of unexpected deaths of children.

(1) The Arkansas Child Death Review Panel or a local or regional review panel may access medical records and vital records in the custody of physicians, hospitals, clinics, other healthcare providers, and the Department of Health concerning the unexpected death of the child being investigated.

(2) The Arkansas Child Death Review Panel may request any other information, documents, or records pertaining to the completed investigation of unexpected deaths of children.

(c) Nothing in this subchapter shall alter or restrict the authority or jurisdiction of a county coroner.

(d) When the Arkansas Child Death Review Panel determines that a parent or guardian was treating a child according to the tenets and practices of a recognized religious method of treatment that has a reasonable proven record of success, the Arkansas Child Death Review Panel is not required to make a finding of negligent treatment or maltreatment.

Acts 2005, No. 1818, § 1.
Ark. Code Ann. § 20-27-209 — AR Code / Title 20 / Chapter 27 / Subchapter 2 / Section 20-27-209
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5028, eff. 7/1/2019. Acts 1927, No. 249, § 4; Pope's Dig., § 6458; A.S.A. 1947, § 82-719.

Repealed by Act 2019, No. 910,§ 5028, eff. 7/1/2019.

Acts 1927, No. 249, § 4; Pope's Dig., § 6458; A.S.A. 1947, § 82-719.
Ark. Code Ann. § 20-25-110 — AR Code / Title 20 / Chapter 25 / Section 20-25-110
Warranty
Status: in_force

(a) Each manufactured home manufacturer in this state and manufacturers of all new manufactured homes shipped into this state for use in this state shall issue with each new manufactured home a warranty generally in use in the industry warranting the manufactured home to be free from material defects and to be manufactured in a workman-like manner. (b) The warranty shall be to the buyer and shall set forth in writing the following terms: (1) That the manufactured home is free from any substantial defects in material and workmanship; and (2) That the manufacturer shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship which become evident after the date of delivery of the manufactured home to the buyer, provided the buyer or his or her transferee gives written notice of the defects to the manufacturer at the manufacturer's business address. The manufacturer shall take such action as deemed necessary by the Arkansas Manufactured Home Commission under the code. (c) The warranty shall be in addition to, and not in derogation of, all other rights and privileges which the buyer may have under any other law or instrument. The manufacturer shall not require the buyer to waive his or her rights under this chapter, and any waiver shall be deemed contrary to public policy and shall be unenforceable and void. Acts 1977, No. 419, § 8; 1981, No. 533, § 8; A.S.A. 1947, § 82-3022.

(a) Each manufactured home manufacturer in this state and manufacturers of all new manufactured homes shipped into this state for use in this state shall issue with each new manufactured home a warranty generally in use in the industry warranting the manufactured home to be free from material defects and to be manufactured in a workman-like manner.

(b) The warranty shall be to the buyer and shall set forth in writing the following terms: (1) That the manufactured home is free from any substantial defects in material and workmanship; and (2) That the manufacturer shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship which become evident after the date of delivery of the manufactured home to the buyer, provided the buyer or his or her transferee gives written notice of the defects to the manufacturer at the manufacturer's business address. The manufacturer shall take such action as deemed necessary by the Arkansas Manufactured Home Commission under the code.

(1) That the manufactured home is free from any substantial defects in material and workmanship; and

(2) That the manufacturer shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship which become evident after the date of delivery of the manufactured home to the buyer, provided the buyer or his or her transferee gives written notice of the defects to the manufacturer at the manufacturer's business address. The manufacturer shall take such action as deemed necessary by the Arkansas Manufactured Home Commission under the code.

(c) The warranty shall be in addition to, and not in derogation of, all other rights and privileges which the buyer may have under any other law or instrument. The manufacturer shall not require the buyer to waive his or her rights under this chapter, and any waiver shall be deemed contrary to public policy and shall be unenforceable and void.

Acts 1977, No. 419, § 8; 1981, No. 533, § 8; A.S.A. 1947, § 82-3022.
Ark. Code Ann. § 20-78-502 — AR Code / Title 20 / Chapter 78 / Subchapter 5 / Section 20-78-502
Duties - Assistance
Status: in_force

(a) The Arkansas Early Childhood Commission shall have the following duties and responsibilities and shall annually report its progress toward the following: (1) Advising the Division of Child Care and Early Childhood Education on the administration of the Arkansas Child Care Facilities Loan Guarantee Trust Fund; (2) Providing technical assistance in the design of training programs to enhance the skills of professionals in early childhood programs, including the development of an annual comprehensive training plan for providers; (3) Examining the recommendations of national and regional groups and systems producing scientifically proven and cost-effective results used by others to provide child care and early childhood services; (4) Assisting in the development of a comprehensive long-range plan for the expansion, development, and implementation of early childhood programs in Arkansas, including recommending the allocation and expenditures of funds appropriated to the Arkansas Better Chance Program; (5) Facilitating coordination and communication among state agencies providing early childhood programs in order to promote nonduplication and coordination of services in the programs and recommending a structure for the administration of the currently existing programs and the recommended programs; (6) Advising the Division of Elementary and Secondary Education and other appropriate state agencies on the development of programmatic standards for early childhood programs to be funded with funds appropriated to the Division of Elementary and Secondary Education or to such other state agencies as may receive appropriations for such purposes; (7) Promoting strong local community support for early childhood education programs; (8) Promoting public awareness of child care and early childhood programs; and (9) From the applications submitted, making Child Care Appeal Review Panel selections from persons who meet the qualifications for service and who exhibit a willingness and time commitment to serve on the panel. (b) The Division of Child Care and Early Childhood Education shall assist the commission in carrying out its duties and responsibilities. Amended by Act 2019, No. 910,§ 2309, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2308, eff. 7/1/2019. Amended by Act 2017, No. 576,§ 4, eff. 8/1/2017. Acts 1989, No. 202, § 1; 1997, No. 1132, § 25; 1999, No. 324, § 2; 1999, No. 1222, § 13.

(a) The Arkansas Early Childhood Commission shall have the following duties and responsibilities and shall annually report its progress toward the following: (1) Advising the Division of Child Care and Early Childhood Education on the administration of the Arkansas Child Care Facilities Loan Guarantee Trust Fund; (2) Providing technical assistance in the design of training programs to enhance the skills of professionals in early childhood programs, including the development of an annual comprehensive training plan for providers; (3) Examining the recommendations of national and regional groups and systems producing scientifically proven and cost-effective results used by others to provide child care and early childhood services; (4) Assisting in the development of a comprehensive long-range plan for the expansion, development, and implementation of early childhood programs in Arkansas, including recommending the allocation and expenditures of funds appropriated to the Arkansas Better Chance Program; (5) Facilitating coordination and communication among state agencies providing early childhood programs in order to promote nonduplication and coordination of services in the programs and recommending a structure for the administration of the currently existing programs and the recommended programs; (6) Advising the Division of Elementary and Secondary Education and other appropriate state agencies on the development of programmatic standards for early childhood programs to be funded with funds appropriated to the Division of Elementary and Secondary Education or to such other state agencies as may receive appropriations for such purposes; (7) Promoting strong local community support for early childhood education programs; (8) Promoting public awareness of child care and early childhood programs; and (9) From the applications submitted, making Child Care Appeal Review Panel selections from persons who meet the qualifications for service and who exhibit a willingness and time commitment to serve on the panel.

(1) Advising the Division of Child Care and Early Childhood Education on the administration of the Arkansas Child Care Facilities Loan Guarantee Trust Fund;

(2) Providing technical assistance in the design of training programs to enhance the skills of professionals in early childhood programs, including the development of an annual comprehensive training plan for providers;

(3) Examining the recommendations of national and regional groups and systems producing scientifically proven and cost-effective results used by others to provide child care and early childhood services;

(4) Assisting in the development of a comprehensive long-range plan for the expansion, development, and implementation of early childhood programs in Arkansas, including recommending the allocation and expenditures of funds appropriated to the Arkansas Better Chance Program;

(5) Facilitating coordination and communication among state agencies providing early childhood programs in order to promote nonduplication and coordination of services in the programs and recommending a structure for the administration of the currently existing programs and the recommended programs;

(6) Advising the Division of Elementary and Secondary Education and other appropriate state agencies on the development of programmatic standards for early childhood programs to be funded with funds appropriated to the Division of Elementary and Secondary Education or to such other state agencies as may receive appropriations for such purposes;

(7) Promoting strong local community support for early childhood education programs;

(8) Promoting public awareness of child care and early childhood programs; and

(9) From the applications submitted, making Child Care Appeal Review Panel selections from persons who meet the qualifications for service and who exhibit a willingness and time commitment to serve on the panel.

(b) The Division of Child Care and Early Childhood Education shall assist the commission in carrying out its duties and responsibilities.

Amended by Act 2019, No. 910,§ 2309, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2308, eff. 7/1/2019.

Amended by Act 2017, No. 576,§ 4, eff. 8/1/2017.

Acts 1989, No. 202, § 1; 1997, No. 1132, § 25; 1999, No. 324, § 2; 1999, No. 1222, § 13.
Ark. Code Ann. § 20-7-412 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-412
Limitations on liability
Status: in_force

Neither the Secretary of the Department of Health nor any member of the State Board of Health shall be personally liable on the loan or on account of any of the obligations or actions undertaken in connection with the loan, or for any damages sustained by anyone with respect to the obligations or actions, unless he or she acted with a corrupt intent. Amended by Act 2019, No. 910,§ 4951, eff. 7/1/2019. Acts 2003, No. 1723, § 12.

Neither the Secretary of the Department of Health nor any member of the State Board of Health shall be personally liable on the loan or on account of any of the obligations or actions undertaken in connection with the loan, or for any damages sustained by anyone with respect to the obligations or actions, unless he or she acted with a corrupt intent.

Amended by Act 2019, No. 910,§ 4951, eff. 7/1/2019.

Acts 2003, No. 1723, § 12.
Ark. Code Ann. § 20-19-407 — AR Code / Title 20 / Chapter 19 / Subchapter 4 / Section 20-19-407
Penalties
Status: in_force

(a) If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor. (b) If a wolf or wolf-dog hybrid is not adequately confined or fed, the person responsible for adequate confinement or adequate feeding of the animal, or both adequate feeding and adequate confinement, upon conviction shall be guilty of a Class A misdemeanor. (c) A person who abandons or releases a wolf or wolf-dog hybrid into the wild upon conviction shall be guilty of a Class A misdemeanor. Acts 2001, No. 1768, § 7.

(a) If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor.

(b) If a wolf or wolf-dog hybrid is not adequately confined or fed, the person responsible for adequate confinement or adequate feeding of the animal, or both adequate feeding and adequate confinement, upon conviction shall be guilty of a Class A misdemeanor.

(c) A person who abandons or releases a wolf or wolf-dog hybrid into the wild upon conviction shall be guilty of a Class A misdemeanor.

Acts 2001, No. 1768, § 7.
Ark. Code Ann. § 20-77-708 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-708
Confidential information
Status: in_force

The following information, when submitted to the cotrustees of the Special Needs Trust Revolving Fund as part of an application, shall be confidential: (1) Documents submitted by a claimant which relate to medical treatment; and (2) Investigative reports, if confidential under any other law. Acts 1993, No. 1228, § 1.

The following information, when submitted to the cotrustees of the Special Needs Trust Revolving Fund as part of an application, shall be confidential:

(1) Documents submitted by a claimant which relate to medical treatment; and

(2) Investigative reports, if confidential under any other law.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-9-702 — AR Code / Title 20 / Chapter 9 / Subchapter 7 / Section 20-9-702
Immunity of hospital utilization review committees
Status: in_force

(a) Physicians and others appointed to hospital utilization review committees for the purpose of determining questions relating to the hospitalization of Medicare patients under the Health Insurance for the Aged and Disabled Act, 42 U.S.C. § 1395 et seq., shall be immune from liability with respect to decisions made as to such questions as long as the physicians or others act in good faith and without malice. (b) However, nothing in this section shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient. Acts 1969, No. 87, § 1; A.S.A. 1947, § 82-359.

(a) Physicians and others appointed to hospital utilization review committees for the purpose of determining questions relating to the hospitalization of Medicare patients under the Health Insurance for the Aged and Disabled Act, 42 U.S.C. § 1395 et seq., shall be immune from liability with respect to decisions made as to such questions as long as the physicians or others act in good faith and without malice.

(b) However, nothing in this section shall be construed to relieve any patient's personal physician of any liability which he or she may have in connection with the treatment of the patient.

Acts 1969, No. 87, § 1; A.S.A. 1947, § 82-359.
Ark. Code Ann. § 20-38-113 — AR Code / Title 20 / Chapter 38 / Section 20-38-113
Automated abuse registry checks
Status: in_force

The Department of Human Services shall: (1) (A) Contingent upon the receipt of funding, appropriation, and positions, create and maintain a program that automates the databases of the Child Maltreatment Central Registry created in § 12-18-901 , the Adult and Long-term Care Facility Resident Maltreatment Central Registry created in § 12-12-1716 , and the Certified Nursing Assistant/Employment Clearance Registry maintained by the Office of Long-Term Care under 42 C.F.R. § 483.156 and § 20-10-203 . (B) The program created and maintained under subdivision (1)(A) of this section shall allow an entity or person required to conduct a registry check under a registry listed in subdivision (1)(A) of this section to access all three (3) registries through a single web-based process; (2) Streamline the process of requesting a registry check so that all forms authorizing the release of confidential information under a registry listed in subdivision (1)(A) of this section are consistent; and (3) Adopt rules to implement this section. Amended by Act 2019, No. 389,§ 53, eff. 7/24/2019. Added by Act 2013, No. 748,§ 1, eff. 7/1/2013.

The Department of Human Services shall:

(1) (A) Contingent upon the receipt of funding, appropriation, and positions, create and maintain a program that automates the databases of the Child Maltreatment Central Registry created in § 12-18-901 , the Adult and Long-term Care Facility Resident Maltreatment Central Registry created in § 12-12-1716 , and the Certified Nursing Assistant/Employment Clearance Registry maintained by the Office of Long-Term Care under 42 C.F.R. § 483.156 and § 20-10-203 . (B) The program created and maintained under subdivision (1)(A) of this section shall allow an entity or person required to conduct a registry check under a registry listed in subdivision (1)(A) of this section to access all three (3) registries through a single web-based process;

(A) Contingent upon the receipt of funding, appropriation, and positions, create and maintain a program that automates the databases of the Child Maltreatment Central Registry created in § 12-18-901 , the Adult and Long-term Care Facility Resident Maltreatment Central Registry created in § 12-12-1716 , and the Certified Nursing Assistant/Employment Clearance Registry maintained by the Office of Long-Term Care under 42 C.F.R. § 483.156 and § 20-10-203 .

(B) The program created and maintained under subdivision (1)(A) of this section shall allow an entity or person required to conduct a registry check under a registry listed in subdivision (1)(A) of this section to access all three (3) registries through a single web-based process;

(2) Streamline the process of requesting a registry check so that all forms authorizing the release of confidential information under a registry listed in subdivision (1)(A) of this section are consistent; and

(3) Adopt rules to implement this section.

Amended by Act 2019, No. 389,§ 53, eff. 7/24/2019.

Added by Act 2013, No. 748,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-47-226 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-226
Forms
Status: in_force

(a) The Director of the Administrative Office of the Courts and the Prosecutor Coordinator shall jointly prescribe all other forms reasonably necessary to carry out this subchapter, provided that the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or designee may prescribe forms pertaining to preadmission history to accompany the person when presented for admission, to be waived in dire emergencies. (b) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or designee shall assist the Director of the Administrative Office of the Courts in prescribing forms for the required medical certificates. (c) Substantial adherence to the prescribed forms will suffice in any instance. Amended by Act 2017, No. 913,§ 83, eff. 8/1/2017. Acts 1989, No. 861, § 20.

(a) The Director of the Administrative Office of the Courts and the Prosecutor Coordinator shall jointly prescribe all other forms reasonably necessary to carry out this subchapter, provided that the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or designee may prescribe forms pertaining to preadmission history to accompany the person when presented for admission, to be waived in dire emergencies.

(b) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or designee shall assist the Director of the Administrative Office of the Courts in prescribing forms for the required medical certificates.

(c) Substantial adherence to the prescribed forms will suffice in any instance.

Amended by Act 2017, No. 913,§ 83, eff. 8/1/2017.

Acts 1989, No. 861, § 20.
Ark. Code Ann. § 20-77-2204 — AR Code / Title 20 / Chapter 77 / Subchapter 22 / Section 20-77-2204
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 67, eff. 7/1/2023. Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023. Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.

Repealed by Act 2023, No. 365,§ 67, eff. 7/1/2023.

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

Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-16-1307 — AR Code / Title 20 / Chapter 16 / Subchapter 13 / Section 20-16-1307
Tolling of effective date
Status: in_force

If a state or federal court of competent jurisdiction voids a provision of this subchapter as unconstitutional, the effective date of that provision shall be tolled until that provision has been upheld as valid by an appellate tribunal. Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.

If a state or federal court of competent jurisdiction voids a provision of this subchapter as unconstitutional, the effective date of that provision shall be tolled until that provision has been upheld as valid by an appellate tribunal.

Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-32-102 — AR Code / Title 20 / Chapter 32 / Section 20-32-102
On-site facility
Status: in_force

A healthcare facility accepting medical waste for disposal from the physicians and surgeons who are on the staff of the healthcare facility shall be classified as an on-site facility and shall not be subject to this chapter. Acts 1992 (1st Ex. Sess.), No. 41, § 4.

A healthcare facility accepting medical waste for disposal from the physicians and surgeons who are on the staff of the healthcare facility shall be classified as an on-site facility and shall not be subject to this chapter.

Acts 1992 (1st Ex. Sess.), No. 41, § 4.
Ark. Code Ann. § 20-21-202 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-202
Purpose
Status: in_force

It is the purpose of this subchapter to effectuate the policies set forth in § 20-21-201 by providing a program: (1) Of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety; (2) To promote an orderly regulatory pattern within the state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized; (3) To establish procedures for assumption and performance of certain regulatory responsibilities with respect to radioactive materials and radiation equipment and to provide for registration of service personnel; and (4) To permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public. Amended by Act 2021, No. 268,§ 1, eff. 7/28/2021. Acts 1961 (2nd Ex. Sess.), No. 8, § 2; 1983, No. 19, § 2; A.S.A. 1947, § 82-1513.

It is the purpose of this subchapter to effectuate the policies set forth in § 20-21-201 by providing a program:

(1) Of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;

(2) To promote an orderly regulatory pattern within the state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;

(3) To establish procedures for assumption and performance of certain regulatory responsibilities with respect to radioactive materials and radiation equipment and to provide for registration of service personnel; and

(4) To permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public.

Amended by Act 2021, No. 268,§ 1, eff. 7/28/2021.

Acts 1961 (2nd Ex. Sess.), No. 8, § 2; 1983, No. 19, § 2; A.S.A. 1947, § 82-1513.
Ark. Code Ann. § 20-27-2508 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2508
License required - Exceptions
Status: in_force

(a) A consultant, contractor, or training provider shall obtain a license from the Department of Health to conduct lead-based paint activities before actively engaging in any lead-based paint hazard activities in this state. (b) (1) An application for a license shall be made in the manner and form required by the department. (2) An application for a license or renewal of a license shall be accompanied by proof of liability insurance coverage, except for training providers, in the form and amount required by the department, and proof of such training and examination as required by the department. (c) (1) The department shall license and certify all applicants for licenses and certifications under this subchapter that satisfy the requirements of this subchapter. (2) A license or certification under this subchapter shall be valid for a period of one (1) year. (3) A license or certification under this subchapter shall be renewable upon application and upon satisfying the renewal requirements of the department. (d) Except for training providers, the state and political subdivisions of the state are exempt from the license requirements of this subchapter. Acts 2011, No. 1011, § 6.

(a) A consultant, contractor, or training provider shall obtain a license from the Department of Health to conduct lead-based paint activities before actively engaging in any lead-based paint hazard activities in this state.

(b) (1) An application for a license shall be made in the manner and form required by the department. (2) An application for a license or renewal of a license shall be accompanied by proof of liability insurance coverage, except for training providers, in the form and amount required by the department, and proof of such training and examination as required by the department.

(1) An application for a license shall be made in the manner and form required by the department.

(2) An application for a license or renewal of a license shall be accompanied by proof of liability insurance coverage, except for training providers, in the form and amount required by the department, and proof of such training and examination as required by the department.

(c) (1) The department shall license and certify all applicants for licenses and certifications under this subchapter that satisfy the requirements of this subchapter. (2) A license or certification under this subchapter shall be valid for a period of one (1) year. (3) A license or certification under this subchapter shall be renewable upon application and upon satisfying the renewal requirements of the department.

(1) The department shall license and certify all applicants for licenses and certifications under this subchapter that satisfy the requirements of this subchapter.

(2) A license or certification under this subchapter shall be valid for a period of one (1) year.

(3) A license or certification under this subchapter shall be renewable upon application and upon satisfying the renewal requirements of the department.

(d) Except for training providers, the state and political subdivisions of the state are exempt from the license requirements of this subchapter.

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-48-407 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-407
Order of commitment
Status: in_force

(a) The order of commitment shall include the name, residence, and date of birth of the individual, the nationality and address, insofar as may be ascertained, of his or her parents, and the amount of his or her estate. (b) The order of commitment shall be made in duplicate and signed by the judge of the court. One (1) copy shall become a record of the court files, and the other copy shall be mailed by the clerk of the court to the superintendent of the human development center. Acts 1955, No. 6, § 6; A.S.A. 1947, § 59-1106.

(a) The order of commitment shall include the name, residence, and date of birth of the individual, the nationality and address, insofar as may be ascertained, of his or her parents, and the amount of his or her estate.

(b) The order of commitment shall be made in duplicate and signed by the judge of the court. One (1) copy shall become a record of the court files, and the other copy shall be mailed by the clerk of the court to the superintendent of the human development center.

Acts 1955, No. 6, § 6; A.S.A. 1947, § 59-1106.
Ark. Code Ann. § 20-77-2402 — AR Code / Title 20 / Chapter 77 / Subchapter 24 / Section 20-77-2402
[Repealed]
Status: repealed

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

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

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

Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 20-14-201 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-201
Legislative policy
Status: in_force

This law is enacted to provide for a Governor's commission to carry on a continuing program to promote the interests of persons with disabilities in this state, in recognition that: (1) Arkansas has a public awareness of, and community interest in, the problems of persons with disabilities and that the awareness and interest must be heightened in order to enhance understanding of their problems; (2) There exists a need to assure that the special requirements of persons with disabilities are appropriately considered in state programs; (3) Existing programs for persons with disabilities require coordination to eliminate fragmentation of responsibility; and (4) There exists a critical need to provide individuals seeking information or assistance regarding services and programs for persons with disabilities with a simple means of obtaining appropriate information and referrals. Acts 1985, No. 911, § 1; A.S.A. 1947, § 82-2908.

This law is enacted to provide for a Governor's commission to carry on a continuing program to promote the interests of persons with disabilities in this state, in recognition that:

(1) Arkansas has a public awareness of, and community interest in, the problems of persons with disabilities and that the awareness and interest must be heightened in order to enhance understanding of their problems;

(2) There exists a need to assure that the special requirements of persons with disabilities are appropriately considered in state programs;

(3) Existing programs for persons with disabilities require coordination to eliminate fragmentation of responsibility; and

(4) There exists a critical need to provide individuals seeking information or assistance regarding services and programs for persons with disabilities with a simple means of obtaining appropriate information and referrals.

Acts 1985, No. 911, § 1; A.S.A. 1947, § 82-2908.
Ark. Code Ann. § 20-23-202 — AR Code / Title 20 / Chapter 23 / Subchapter 2 / Section 20-23-202
Chief inspector, deputy inspector, etc
Status: in_force

(a) (1) When the office of Chief Inspector of the Boiler Inspection Division becomes vacant, the Director of the Division of Labor shall employ a citizen of the State of Arkansas to be chief inspector. (2) The chief inspector shall have at the time of employment not less than ten (10) years' experience in the construction, maintenance, installation, and repair or inspection of high pressure boilers and unfired pressure vessels. (b) (1) (A) The director is authorized and empowered to employ a technical assistant and deputy inspectors of boilers. (B) Inspectors of steam boilers and unfired pressure vessels shall have had at the time of employment not less than five (5) years' experience in the construction, maintenance, installation, and repair of high pressure boilers and unfired pressure vessels or possess a currently valid commission from the National Board of Boiler and Pressure Vessel Inspectors. (C) (i) Inspectors of steam boilers and unfired pressure vessels also shall have passed a written examination. (ii) The examination shall conform to standards not exceeding those prescribed by the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers. (iii) The examination shall test the inspector's knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances. (2) The director is also empowered to employ clerical and administrative employees, as well as other inspectors, as necessary to perform the work of the Boiler Inspection Division. (3) The salaries are to be approved by the General Assembly. (c) The salaries of the employees of the Boiler Inspection Division, together with the necessary expenses of the Boiler Inspection Division, shall be paid out of the fees for which provision is made in this chapter. Amended by Act 2019, No. 910,§ 5454, eff. 7/1/2019. Acts 1961, No. 494, § 1; A.S.A. 1947, § 81-501; Acts 1989, No. 927, § 3; 1999, No. 982, § 6; 2005, No. 1012, § 2.

(a) (1) When the office of Chief Inspector of the Boiler Inspection Division becomes vacant, the Director of the Division of Labor shall employ a citizen of the State of Arkansas to be chief inspector. (2) The chief inspector shall have at the time of employment not less than ten (10) years' experience in the construction, maintenance, installation, and repair or inspection of high pressure boilers and unfired pressure vessels.

(1) When the office of Chief Inspector of the Boiler Inspection Division becomes vacant, the Director of the Division of Labor shall employ a citizen of the State of Arkansas to be chief inspector.

(2) The chief inspector shall have at the time of employment not less than ten (10) years' experience in the construction, maintenance, installation, and repair or inspection of high pressure boilers and unfired pressure vessels.

(b) (1) (A) The director is authorized and empowered to employ a technical assistant and deputy inspectors of boilers. (B) Inspectors of steam boilers and unfired pressure vessels shall have had at the time of employment not less than five (5) years' experience in the construction, maintenance, installation, and repair of high pressure boilers and unfired pressure vessels or possess a currently valid commission from the National Board of Boiler and Pressure Vessel Inspectors. (C) (i) Inspectors of steam boilers and unfired pressure vessels also shall have passed a written examination. (ii) The examination shall conform to standards not exceeding those prescribed by the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers. (iii) The examination shall test the inspector's knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances. (2) The director is also empowered to employ clerical and administrative employees, as well as other inspectors, as necessary to perform the work of the Boiler Inspection Division. (3) The salaries are to be approved by the General Assembly.

(1) (A) The director is authorized and empowered to employ a technical assistant and deputy inspectors of boilers. (B) Inspectors of steam boilers and unfired pressure vessels shall have had at the time of employment not less than five (5) years' experience in the construction, maintenance, installation, and repair of high pressure boilers and unfired pressure vessels or possess a currently valid commission from the National Board of Boiler and Pressure Vessel Inspectors. (C) (i) Inspectors of steam boilers and unfired pressure vessels also shall have passed a written examination. (ii) The examination shall conform to standards not exceeding those prescribed by the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers. (iii) The examination shall test the inspector's knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances.

(A) The director is authorized and empowered to employ a technical assistant and deputy inspectors of boilers.

(B) Inspectors of steam boilers and unfired pressure vessels shall have had at the time of employment not less than five (5) years' experience in the construction, maintenance, installation, and repair of high pressure boilers and unfired pressure vessels or possess a currently valid commission from the National Board of Boiler and Pressure Vessel Inspectors.

(C) (i) Inspectors of steam boilers and unfired pressure vessels also shall have passed a written examination. (ii) The examination shall conform to standards not exceeding those prescribed by the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers. (iii) The examination shall test the inspector's knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances.

(i) Inspectors of steam boilers and unfired pressure vessels also shall have passed a written examination.

(ii) The examination shall conform to standards not exceeding those prescribed by the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers.

(iii) The examination shall test the inspector's knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances.

(2) The director is also empowered to employ clerical and administrative employees, as well as other inspectors, as necessary to perform the work of the Boiler Inspection Division.

(3) The salaries are to be approved by the General Assembly.

(c) The salaries of the employees of the Boiler Inspection Division, together with the necessary expenses of the Boiler Inspection Division, shall be paid out of the fees for which provision is made in this chapter.

Amended by Act 2019, No. 910,§ 5454, eff. 7/1/2019.

Acts 1961, No. 494, § 1; A.S.A. 1947, § 81-501; Acts 1989, No. 927, § 3; 1999, No. 982, § 6; 2005, No. 1012, § 2.
Ark. Code Ann. § 20-15-901 — AR Code / Title 20 / Chapter 15 / Subchapter 9 / Section 20-15-901
Free testing program - Confidentiality
Status: in_force

(a) The Department of Health shall institute an acquired immune deficiency syndrome (AIDS) testing program whereby any citizen may be tested for the virus without charge. (b) The program shall be so devised as to maintain secrecy as to the identification of persons voluntarily participating in the program. Acts 1987 (1st Ex. Sess.), No. 51, § 1.

(a) The Department of Health shall institute an acquired immune deficiency syndrome (AIDS) testing program whereby any citizen may be tested for the virus without charge.

(b) The program shall be so devised as to maintain secrecy as to the identification of persons voluntarily participating in the program.

Acts 1987 (1st Ex. Sess.), No. 51, § 1.
Ark. Code Ann. § 20-20-213 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-213
Licenses - Pesticide dealers
Status: in_force

(a) (1) It shall be unlawful for any person to act in the capacity of a restricted-use pesticides dealer, to advertise as, assume to act as a dealer of, or distribute any restricted-use pesticide at any time without first having obtained an annual license from the State Plant Board. This license shall limit distribution of restricted-use pesticides only to persons holding a current commercial applicator, noncommercial applicator, private applicator, or dealer's license. (2) A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this state and who distributes a restricted-use pesticide directly into this state shall obtain a pesticide dealer license for his or her principal out-of-state location or outlet. (3) Pesticide dealer licenses shall expire December 31 of each year. (b) Application for a pesticide dealer's license shall be on a form prescribed by the board and be accompanied by a fee as set by the board in its rules. (c) (1) Each licensed dealer outlet shall maintain a record of restricted-use pesticides distributed. The record shall contain the name, address, and license number of the commercial applicator, noncommercial applicator, private applicator, or dealer to whom distributed, the date of distribution, and the name and United States Environmental Protection Agency registration number of the restricted-use pesticide distributed. (2) The records shall be kept for a period of two (2) years and shall be available for inspection by the board at reasonable times. Upon request in writing, the board shall immediately be furnished with a copy of the records by the restricted-use pesticide dealer. (d) This section shall not apply to a commercial pesticide applicator who sells restricted-use pesticides only as an integral part of this pesticide application service when the pesticides are dispensed only through equipment used for the pesticide application or any federal, state, county, or municipal agency which provides pesticides only for its own programs. (e) Each pesticide dealer shall be responsible for the acts of each person employed by him or her in the solicitation and sale of restricted-use pesticides and all claims and recommendations for use of restricted-use pesticides. The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of this subchapter whether committed by the dealer or by the dealer's officer, agent, or employee. Amended by Act 2019, No. 315,§ 1993, eff. 7/24/2019. Acts 1975, No. 389, § 13; A.S.A. 1947, § 77-263.

(a) (1) It shall be unlawful for any person to act in the capacity of a restricted-use pesticides dealer, to advertise as, assume to act as a dealer of, or distribute any restricted-use pesticide at any time without first having obtained an annual license from the State Plant Board. This license shall limit distribution of restricted-use pesticides only to persons holding a current commercial applicator, noncommercial applicator, private applicator, or dealer's license. (2) A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this state and who distributes a restricted-use pesticide directly into this state shall obtain a pesticide dealer license for his or her principal out-of-state location or outlet. (3) Pesticide dealer licenses shall expire December 31 of each year.

(1) It shall be unlawful for any person to act in the capacity of a restricted-use pesticides dealer, to advertise as, assume to act as a dealer of, or distribute any restricted-use pesticide at any time without first having obtained an annual license from the State Plant Board. This license shall limit distribution of restricted-use pesticides only to persons holding a current commercial applicator, noncommercial applicator, private applicator, or dealer's license.

(2) A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this state and who distributes a restricted-use pesticide directly into this state shall obtain a pesticide dealer license for his or her principal out-of-state location or outlet.

(3) Pesticide dealer licenses shall expire December 31 of each year.

(b) Application for a pesticide dealer's license shall be on a form prescribed by the board and be accompanied by a fee as set by the board in its rules.

(c) (1) Each licensed dealer outlet shall maintain a record of restricted-use pesticides distributed. The record shall contain the name, address, and license number of the commercial applicator, noncommercial applicator, private applicator, or dealer to whom distributed, the date of distribution, and the name and United States Environmental Protection Agency registration number of the restricted-use pesticide distributed. (2) The records shall be kept for a period of two (2) years and shall be available for inspection by the board at reasonable times. Upon request in writing, the board shall immediately be furnished with a copy of the records by the restricted-use pesticide dealer.

(1) Each licensed dealer outlet shall maintain a record of restricted-use pesticides distributed. The record shall contain the name, address, and license number of the commercial applicator, noncommercial applicator, private applicator, or dealer to whom distributed, the date of distribution, and the name and United States Environmental Protection Agency registration number of the restricted-use pesticide distributed.

(2) The records shall be kept for a period of two (2) years and shall be available for inspection by the board at reasonable times. Upon request in writing, the board shall immediately be furnished with a copy of the records by the restricted-use pesticide dealer.

(d) This section shall not apply to a commercial pesticide applicator who sells restricted-use pesticides only as an integral part of this pesticide application service when the pesticides are dispensed only through equipment used for the pesticide application or any federal, state, county, or municipal agency which provides pesticides only for its own programs.

(e) Each pesticide dealer shall be responsible for the acts of each person employed by him or her in the solicitation and sale of restricted-use pesticides and all claims and recommendations for use of restricted-use pesticides. The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of this subchapter whether committed by the dealer or by the dealer's officer, agent, or employee.

Amended by Act 2019, No. 315,§ 1993, eff. 7/24/2019.

Acts 1975, No. 389, § 13; A.S.A. 1947, § 77-263.
Ark. Code Ann. § 20-8-603 — AR Code / Title 20 / Chapter 8 / Subchapter 6 / Section 20-8-603
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 4963, eff. 7/1/2019. Repealed by Act 2019, No. 389,§ 11, eff. 7/24/2019. Amended by Act 2016EX3, No. 3,§ 37, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 37, eff. 5/23/2016. Amended by Act 2013, No. 1510,§ 3, eff. 8/16/2013. Acts 2011, No. 889, § 1.

Repealed by Act 2019, No. 910,§ 4963, eff. 7/1/2019.

Repealed by Act 2019, No. 389,§ 11, eff. 7/24/2019.

Amended by Act 2016EX3, No. 3,§ 37, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 37, eff. 5/23/2016.

Amended by Act 2013, No. 1510,§ 3, eff. 8/16/2013.

Acts 2011, No. 889, § 1.