Ark. Code Ann. § 20-19-603 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-603
Exemptions
Status: in_force

(a) Section 20-19-602(a), (c), and (d) and § 20-19-605 do not apply to: (1) Either: (A) An institution accredited by a zoological accreditation agency, including without limitation the Association of Zoos and Aquariums, or the Zoological Association of America; or (B) A certified related facility that coordinates with an Association of Zoos and Aquariums Species Survival Plan Program for breeding of species listed as threatened or endangered under 16 U.S.C. § 1533 , as it existed on January 1, 2013; (2) A research facility as defined in the Animal Welfare Act, 7 U.S.C. § 2132(e) , as it existed on January 1, 2013; (3) A wildlife sanctuary; (4) A temporary holding facility; (5) A licensed veterinarian for the purpose of providing treatment to a primate; (6) A law enforcement officer for purposes of enforcement or investigation; (7) A circus defined as an exhibitor holding a Class C license under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as it existed on January 1, 2013, that: (A) Is in the state for less than ninety (90) days per year; (B) Regularly conducts performances featuring live, dangerous, wild animals and multiple trained human entertainers, including clowns and acrobats; and (C) Does not allow a member of the public to be in proximity to a dangerous, wild animal without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a dangerous, wild animal; (8) (A) A person temporarily transporting a legally owned primate, including an ape, macaque, or baboon, through this state if: (i) The transit time is not more than ten (10) days; (ii) The primate, including an ape, macaque, or baboon, is not exhibited; and (iii) The transporter has complied with all state laws and federal regulations regarding the transport. (B) (i) A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported. (ii) The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law; or (9) A person that is temporarily transporting a legally owned primate under § 20-19-604 . (b) However, a registered primate owner, including an ape, macaque, or baboon owner, may transfer a registered primate, including an ape, macaque, or baboon. Amended by Act 2019, No. 315,§ 1981, eff. 7/24/2019. Amended by Act 2015, No. 1243,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

(a) Section 20-19-602(a), (c), and (d) and § 20-19-605 do not apply to: (1) Either: (A) An institution accredited by a zoological accreditation agency, including without limitation the Association of Zoos and Aquariums, or the Zoological Association of America; or (B) A certified related facility that coordinates with an Association of Zoos and Aquariums Species Survival Plan Program for breeding of species listed as threatened or endangered under 16 U.S.C. § 1533 , as it existed on January 1, 2013; (2) A research facility as defined in the Animal Welfare Act, 7 U.S.C. § 2132(e) , as it existed on January 1, 2013; (3) A wildlife sanctuary; (4) A temporary holding facility; (5) A licensed veterinarian for the purpose of providing treatment to a primate; (6) A law enforcement officer for purposes of enforcement or investigation; (7) A circus defined as an exhibitor holding a Class C license under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as it existed on January 1, 2013, that: (A) Is in the state for less than ninety (90) days per year; (B) Regularly conducts performances featuring live, dangerous, wild animals and multiple trained human entertainers, including clowns and acrobats; and (C) Does not allow a member of the public to be in proximity to a dangerous, wild animal without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a dangerous, wild animal; (8) (A) A person temporarily transporting a legally owned primate, including an ape, macaque, or baboon, through this state if: (i) The transit time is not more than ten (10) days; (ii) The primate, including an ape, macaque, or baboon, is not exhibited; and (iii) The transporter has complied with all state laws and federal regulations regarding the transport. (B) (i) A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported. (ii) The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law; or (9) A person that is temporarily transporting a legally owned primate under § 20-19-604 .

(1) Either: (A) An institution accredited by a zoological accreditation agency, including without limitation the Association of Zoos and Aquariums, or the Zoological Association of America; or (B) A certified related facility that coordinates with an Association of Zoos and Aquariums Species Survival Plan Program for breeding of species listed as threatened or endangered under 16 U.S.C. § 1533 , as it existed on January 1, 2013;

(A) An institution accredited by a zoological accreditation agency, including without limitation the Association of Zoos and Aquariums, or the Zoological Association of America; or

(B) A certified related facility that coordinates with an Association of Zoos and Aquariums Species Survival Plan Program for breeding of species listed as threatened or endangered under 16 U.S.C. § 1533 , as it existed on January 1, 2013;

(2) A research facility as defined in the Animal Welfare Act, 7 U.S.C. § 2132(e) , as it existed on January 1, 2013;

(3) A wildlife sanctuary;

(4) A temporary holding facility;

(5) A licensed veterinarian for the purpose of providing treatment to a primate;

(6) A law enforcement officer for purposes of enforcement or investigation;

(7) A circus defined as an exhibitor holding a Class C license under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as it existed on January 1, 2013, that: (A) Is in the state for less than ninety (90) days per year; (B) Regularly conducts performances featuring live, dangerous, wild animals and multiple trained human entertainers, including clowns and acrobats; and (C) Does not allow a member of the public to be in proximity to a dangerous, wild animal without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a dangerous, wild animal;

(A) Is in the state for less than ninety (90) days per year;

(B) Regularly conducts performances featuring live, dangerous, wild animals and multiple trained human entertainers, including clowns and acrobats; and

(C) Does not allow a member of the public to be in proximity to a dangerous, wild animal without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a dangerous, wild animal;

(8) (A) A person temporarily transporting a legally owned primate, including an ape, macaque, or baboon, through this state if: (i) The transit time is not more than ten (10) days; (ii) The primate, including an ape, macaque, or baboon, is not exhibited; and (iii) The transporter has complied with all state laws and federal regulations regarding the transport. (B) (i) A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported. (ii) The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law; or

(A) A person temporarily transporting a legally owned primate, including an ape, macaque, or baboon, through this state if: (i) The transit time is not more than ten (10) days; (ii) The primate, including an ape, macaque, or baboon, is not exhibited; and (iii) The transporter has complied with all state laws and federal regulations regarding the transport.

(i) The transit time is not more than ten (10) days;

(ii) The primate, including an ape, macaque, or baboon, is not exhibited; and

(iii) The transporter has complied with all state laws and federal regulations regarding the transport.

(B) (i) A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported. (ii) The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law; or

(i) A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported.

(ii) The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law; or

(9) A person that is temporarily transporting a legally owned primate under § 20-19-604 .

(b) However, a registered primate owner, including an ape, macaque, or baboon owner, may transfer a registered primate, including an ape, macaque, or baboon.

Amended by Act 2019, No. 315,§ 1981, eff. 7/24/2019.

Amended by Act 2015, No. 1243,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-13-303 — AR Code / Title 20 / Chapter 13 / Subchapter 3 / Section 20-13-303
Establishment
Status: in_force

(a) The quorum court of any county on its own motion or upon petition of ten percent (10%) of the electors of the county or any designated area of the county may establish by ordinance a system to provide emergency medical services to the residents of the county or the designated area. (b) (1) When a quorum court proposes to enact an ordinance to provide emergency medical services, whether on its own motion or upon petition of electors, it shall set a date for a public hearing on the question and shall cause notice of the time and place of the hearing to be published in a newspaper of general circulation in the county or in the area proposed to be served. (2) All interested parties residing in the county or in the designated area shall have an opportunity to appear and be heard either for or against the establishment of the system. (3) At the next meeting of the quorum court after the hearing, the quorum court may adopt an ordinance establishing the emergency medical services system for the county or the designated area of the county or may refuse to act further on the matter. (c) If after the hearing the quorum court enacts an ordinance establishing a system, the ordinance shall specifically describe the area to be included within the system, shall describe the services to be provided the residents of the area, and shall specifically state the estimated cost of the services and the proposed method of financing the services, and such other matters as the quorum court deems appropriate to publicly advise residents of the county or the designated area of the purposes and costs of the system established in the ordinance. Acts 1979, No. 51, § 2; A.S.A. 1947, § 82-3411.

(a) The quorum court of any county on its own motion or upon petition of ten percent (10%) of the electors of the county or any designated area of the county may establish by ordinance a system to provide emergency medical services to the residents of the county or the designated area.

(b) (1) When a quorum court proposes to enact an ordinance to provide emergency medical services, whether on its own motion or upon petition of electors, it shall set a date for a public hearing on the question and shall cause notice of the time and place of the hearing to be published in a newspaper of general circulation in the county or in the area proposed to be served. (2) All interested parties residing in the county or in the designated area shall have an opportunity to appear and be heard either for or against the establishment of the system. (3) At the next meeting of the quorum court after the hearing, the quorum court may adopt an ordinance establishing the emergency medical services system for the county or the designated area of the county or may refuse to act further on the matter.

(1) When a quorum court proposes to enact an ordinance to provide emergency medical services, whether on its own motion or upon petition of electors, it shall set a date for a public hearing on the question and shall cause notice of the time and place of the hearing to be published in a newspaper of general circulation in the county or in the area proposed to be served.

(2) All interested parties residing in the county or in the designated area shall have an opportunity to appear and be heard either for or against the establishment of the system.

(3) At the next meeting of the quorum court after the hearing, the quorum court may adopt an ordinance establishing the emergency medical services system for the county or the designated area of the county or may refuse to act further on the matter.

(c) If after the hearing the quorum court enacts an ordinance establishing a system, the ordinance shall specifically describe the area to be included within the system, shall describe the services to be provided the residents of the area, and shall specifically state the estimated cost of the services and the proposed method of financing the services, and such other matters as the quorum court deems appropriate to publicly advise residents of the county or the designated area of the purposes and costs of the system established in the ordinance.

Acts 1979, No. 51, § 2; A.S.A. 1947, § 82-3411.
Ark. Code Ann. § 20-15-1404 — AR Code / Title 20 / Chapter 15 / Subchapter 14 / Section 20-15-1404
Evaluation by the Department of Health
Status: in_force

The Department of Health may evaluate any or all of the following: (1) The research on osteoporosis being conducted within the state; (2) The available technical assistance, educational materials, and osteoporosis programs nationwide; (3) The level of public and professional awareness about osteoporosis; (4) The needs of osteoporosis patients, their families, and their caregivers; (5) The needs of healthcare providers, including physicians, nurses, and managed care organizations, in regard to caring for the osteoporosis patient; (6) The services available to the osteoporosis patient; (7) The existence of osteoporosis treatment programs; (8) The existence of osteoporosis support groups; and (9) The existence of rehabilitation services for osteoporosis patients. Acts 1997, No. 732, § 4.

The Department of Health may evaluate any or all of the following:

(1) The research on osteoporosis being conducted within the state;

(2) The available technical assistance, educational materials, and osteoporosis programs nationwide;

(3) The level of public and professional awareness about osteoporosis;

(4) The needs of osteoporosis patients, their families, and their caregivers;

(5) The needs of healthcare providers, including physicians, nurses, and managed care organizations, in regard to caring for the osteoporosis patient;

(6) The services available to the osteoporosis patient;

(7) The existence of osteoporosis treatment programs;

(8) The existence of osteoporosis support groups; and

(9) The existence of rehabilitation services for osteoporosis patients.

Acts 1997, No. 732, § 4.
Ark. Code Ann. § 20-9-1502 — AR Code / Title 20 / Chapter 9 / Subchapter 15 / Section 20-9-1502
Prohibition of gender transition procedures for minors
Status: in_force

(a) A physician or other healthcare professional shall not provide gender transition procedures to any individual under eighteen (18) years of age. (b) A physician or other healthcare professional shall not refer any individual under eighteen (18) years of age to any healthcare professional for gender transition procedures. (c) A physician or other healthcare professional is not prohibited from providing any of the following procedures which are not gender transition procedures to an individual under eighteen (18) years of age: (1) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; (2) Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (3) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or (4) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed. Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.

(a) A physician or other healthcare professional shall not provide gender transition procedures to any individual under eighteen (18) years of age.

(b) A physician or other healthcare professional shall not refer any individual under eighteen (18) years of age to any healthcare professional for gender transition procedures.

(c) A physician or other healthcare professional is not prohibited from providing any of the following procedures which are not gender transition procedures to an individual under eighteen (18) years of age: (1) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; (2) Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (3) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or (4) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed.

(1) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue;

(2) Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;

(3) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or

(4) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed.

Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-59-702 — AR Code / Title 20 / Chapter 59 / Subchapter 7 / Section 20-59-702
Testing program
Status: in_force

The Public Health Laboratory of the Department of Health may establish a program to certify laboratories to test milk for the presence of antibiotic drugs and to certify evaluation officers to certify the laboratories in accordance with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch. The program shall be known as the "Milk Laboratory Antibiotic Drug Testing Program". Acts 1993, No. 701, § 2.

The Public Health Laboratory of the Department of Health may establish a program to certify laboratories to test milk for the presence of antibiotic drugs and to certify evaluation officers to certify the laboratories in accordance with guidelines established by the United States Food and Drug Administration Laboratory Quality Assurance Branch. The program shall be known as the "Milk Laboratory Antibiotic Drug Testing Program".

Acts 1993, No. 701, § 2.
Ark. Code Ann. § 20-14-204 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-204
Officers
Status: in_force

(a) The Chair of the Governor's Commission on People with Disabilities shall be appointed biennially by the Governor and serve at the pleasure of the Governor. (b) The chair is empowered to select from the Governor's Commission on People with Disabilities membership a vice chair should such a position be desirable. (c) The chair, or in his or her absence the Vice Chair of the Governor's Commission on People with Disabilities, shall exercise general supervision of all commission affairs. (d) The chair shall preside over all meetings of the commission, appoint subcommittees and chairs, and serve as an ex officio member of all subcommittees. Amended by Act 2023, No. 365,§ 58, eff. 7/1/2023. Acts 1985, No. 911, § 7; A.S.A. 1947, § 82-2914.

(a) The Chair of the Governor's Commission on People with Disabilities shall be appointed biennially by the Governor and serve at the pleasure of the Governor.

(b) The chair is empowered to select from the Governor's Commission on People with Disabilities membership a vice chair should such a position be desirable.

(c) The chair, or in his or her absence the Vice Chair of the Governor's Commission on People with Disabilities, shall exercise general supervision of all commission affairs.

(d) The chair shall preside over all meetings of the commission, appoint subcommittees and chairs, and serve as an ex officio member of all subcommittees.

Amended by Act 2023, No. 365,§ 58, eff. 7/1/2023.

Acts 1985, No. 911, § 7; A.S.A. 1947, § 82-2914.
Ark. Code Ann. § 20-7-101 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-101
Violations - Penalties
Status: in_force

(a) (1) Every firm, person, or corporation violating any of the provisions of this act or any of the orders or rules issued in accordance with this act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both. (2) Each day of violation shall constitute a separate offense. (3) During the coronavirus 2019 (COVID-19) public health emergency, a firm, person, or corporation is not liable under subdivision (a)(1) of this section if the violation of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency results from the behavior of a patron or customer of the firm, person, or corporation. (4) During the coronavirus 2019 (COVID-19) public health emergency, other state agencies that inspect a firm, person, or corporation, including the Alcoholic Beverage Control Division, shall not hold the firm, person, or corporation liable under subdivision (a)(1) of this section if the violation of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency results from the behavior of a patron or customer of the firm, person, or corporation. (5) Enforcement of orders, rules, or directives is the expressed responsibility of the issuing agency. (b) (1) (A) (i) Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (B) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. (2) All fines collected under this subsection shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this section. (3) 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 fines collected under this subsection, 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. (4) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. Amended by Act 2021, No. 401,§ 1, eff. 3/18/2021. Amended by Act 2019, No. 315,§ 1802, eff. 7/24/2019. Acts 1913, No. 96, § 28; C. & M. Dig., § 5146; Pope's Dig., § 6417; A.S.A. 1947, § 82-121; Acts 1987, No. 146, § 2; 1991, No. 990, §§ 1, 5; 1997, No. 179, § 19.

(a) (1) Every firm, person, or corporation violating any of the provisions of this act or any of the orders or rules issued in accordance with this act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both. (2) Each day of violation shall constitute a separate offense. (3) During the coronavirus 2019 (COVID-19) public health emergency, a firm, person, or corporation is not liable under subdivision (a)(1) of this section if the violation of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency results from the behavior of a patron or customer of the firm, person, or corporation. (4) During the coronavirus 2019 (COVID-19) public health emergency, other state agencies that inspect a firm, person, or corporation, including the Alcoholic Beverage Control Division, shall not hold the firm, person, or corporation liable under subdivision (a)(1) of this section if the violation of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency results from the behavior of a patron or customer of the firm, person, or corporation. (5) Enforcement of orders, rules, or directives is the expressed responsibility of the issuing agency.

(1) Every firm, person, or corporation violating any of the provisions of this act or any of the orders or rules issued in accordance with this act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both.

(2) Each day of violation shall constitute a separate offense.

(3) During the coronavirus 2019 (COVID-19) public health emergency, a firm, person, or corporation is not liable under subdivision (a)(1) of this section if the violation of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency results from the behavior of a patron or customer of the firm, person, or corporation.

(4) During the coronavirus 2019 (COVID-19) public health emergency, other state agencies that inspect a firm, person, or corporation, including the Alcoholic Beverage Control Division, shall not hold the firm, person, or corporation liable under subdivision (a)(1) of this section if the violation of the provisions of this act or any orders or rules issued in accordance with this act related to the coronavirus 2019 (COVID-19) public health emergency results from the behavior of a patron or customer of the firm, person, or corporation.

(5) Enforcement of orders, rules, or directives is the expressed responsibility of the issuing agency.

(b) (1) (A) (i) Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (B) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. (2) All fines collected under this subsection shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this section. (3) 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 fines collected under this subsection, 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. (4) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

(1) (A) (i) Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (B) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.

(A) (i) Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(i) Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation.

(ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(B) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.

(2) All fines collected under this subsection shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this section.

(3) 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 fines collected under this subsection, 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.

(4) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

Amended by Act 2021, No. 401,§ 1, eff. 3/18/2021.

Amended by Act 2019, No. 315,§ 1802, eff. 7/24/2019.

Acts 1913, No. 96, § 28; C. & M. Dig., § 5146; Pope's Dig., § 6417; A.S.A. 1947, § 82-121; Acts 1987, No. 146, § 2; 1991, No. 990, §§ 1, 5; 1997, No. 179, § 19.
Ark. Code Ann. § 20-57-305 — AR Code / Title 20 / Chapter 57 / Subchapter 3 / Section 20-57-305
Powers and duties of State Board of Health and Secretary of the Department of Health
Status: in_force

(a) The State Board of Health is authorized as the administrative agency and is directed: (1) To make, amend, and rescind such rules as may be necessary to carry out the provisions of this subchapter, including, but without being limited to, such orders and rules as it is specifically authorized and directed to make; and (2) From time to time to adopt such rules changing or adding to the required ingredients for flour or bread specified in §§ 20-57-302 , 20-57-303 , and 20-57-306 as shall be necessary to conform to the definitions and standard of identity of enriched flour and enriched bread from time to time promulgated by the appropriate federal agency pursuant to the Federal Food, Drug, and Cosmetic Act. (b) All orders and rules adopted by the board pursuant to this subchapter shall be published in the manner prescribed in subsection (c) of this section and, within the limits specified by this subchapter, shall become effective upon such date as the Secretary of the Department of Health shall fix. (c) Whenever under this subchapter publication of any notice, order, or rule is required, the publication shall be made at least three (3) times in ten (10) days in newspapers of general circulation in three (3) different sections of the state. (d) (1) The secretary is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this subchapter through any officers or employees under his or her supervision. (2) All officers and employees shall have authority to enter and inspect any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held or any vehicle and any flour or bread therein, and all pertinent equipment, materials, containers, and labeling. Amended by Act 2019, No. 315,§ 2184, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2183, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5048, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5047, eff. 7/1/2019. Acts 1945, No. 214, § 7; A.S.A. 1947, § 82-940.

(a) The State Board of Health is authorized as the administrative agency and is directed: (1) To make, amend, and rescind such rules as may be necessary to carry out the provisions of this subchapter, including, but without being limited to, such orders and rules as it is specifically authorized and directed to make; and (2) From time to time to adopt such rules changing or adding to the required ingredients for flour or bread specified in §§ 20-57-302 , 20-57-303 , and 20-57-306 as shall be necessary to conform to the definitions and standard of identity of enriched flour and enriched bread from time to time promulgated by the appropriate federal agency pursuant to the Federal Food, Drug, and Cosmetic Act.

(1) To make, amend, and rescind such rules as may be necessary to carry out the provisions of this subchapter, including, but without being limited to, such orders and rules as it is specifically authorized and directed to make; and

(2) From time to time to adopt such rules changing or adding to the required ingredients for flour or bread specified in §§ 20-57-302 , 20-57-303 , and 20-57-306 as shall be necessary to conform to the definitions and standard of identity of enriched flour and enriched bread from time to time promulgated by the appropriate federal agency pursuant to the Federal Food, Drug, and Cosmetic Act.

(b) All orders and rules adopted by the board pursuant to this subchapter shall be published in the manner prescribed in subsection (c) of this section and, within the limits specified by this subchapter, shall become effective upon such date as the Secretary of the Department of Health shall fix.

(c) Whenever under this subchapter publication of any notice, order, or rule is required, the publication shall be made at least three (3) times in ten (10) days in newspapers of general circulation in three (3) different sections of the state.

(d) (1) The secretary is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this subchapter through any officers or employees under his or her supervision. (2) All officers and employees shall have authority to enter and inspect any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held or any vehicle and any flour or bread therein, and all pertinent equipment, materials, containers, and labeling.

(1) The secretary is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this subchapter through any officers or employees under his or her supervision.

(2) All officers and employees shall have authority to enter and inspect any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held or any vehicle and any flour or bread therein, and all pertinent equipment, materials, containers, and labeling.

Amended by Act 2019, No. 315,§ 2184, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2183, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5048, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5047, eff. 7/1/2019.

Acts 1945, No. 214, § 7; A.S.A. 1947, § 82-940.
Ark. Code Ann. § 20-58-211 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-211
Sales to retailers or manufacturers
Status: in_force

(a) Every person, firm, or corporation selling eggs to a retailer or manufacturer shall furnish an invoice showing the size and quality of the eggs according to the standards prescribed by this subchapter together with the name and address of the person by whom the eggs were sold. (b) This invoice shall be retained for two (2) years. Acts 1969, No. 220, § 6; A.S.A. 1947, § 82-1306.

(a) Every person, firm, or corporation selling eggs to a retailer or manufacturer shall furnish an invoice showing the size and quality of the eggs according to the standards prescribed by this subchapter together with the name and address of the person by whom the eggs were sold.

(b) This invoice shall be retained for two (2) years.

Acts 1969, No. 220, § 6; A.S.A. 1947, § 82-1306.
Ark. Code Ann. § 20-10-813 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-813
Transfer of licenses and permits upon dissolution
Status: in_force

Upon the dissolution of any corporation which on April 14, 1995, is licensed to provide home healthcare services, the Department of Health, the Health Services Permit Agency, the Health Services Permit Commission, and any other agency involved may transfer the dissolved corporation's licenses and permits of approval to a stockholder of the dissolved corporation, and that stockholder may continue to perform home healthcare services under the transferred license and permit of approval. Acts 1995, No. 1321, § 1; 2001, No. 1800, § 16.

Upon the dissolution of any corporation which on April 14, 1995, is licensed to provide home healthcare services, the Department of Health, the Health Services Permit Agency, the Health Services Permit Commission, and any other agency involved may transfer the dissolved corporation's licenses and permits of approval to a stockholder of the dissolved corporation, and that stockholder may continue to perform home healthcare services under the transferred license and permit of approval.

Acts 1995, No. 1321, § 1; 2001, No. 1800, § 16.
Ark. Code Ann. § 20-15-201 — AR Code / Title 20 / Chapter 15 / Subchapter 2 / Section 20-15-201
Reporting requirements
Status: in_force

The Department of Health shall accumulate such data concerning cancer in Arkansas and its residents as is deemed appropriate for the purposes of describing the frequency of cancer, furnishing reports to health professionals and the public, and for planning and evaluating cancer prevention and control programs. The data shall be collected under the authority of rules promulgated by the State Board of Health. Amended by Act 2019, No. 315,§ 1935, eff. 7/24/2019. Acts 1989, No. 435, § 2.

The Department of Health shall accumulate such data concerning cancer in Arkansas and its residents as is deemed appropriate for the purposes of describing the frequency of cancer, furnishing reports to health professionals and the public, and for planning and evaluating cancer prevention and control programs. The data shall be collected under the authority of rules promulgated by the State Board of Health.

Amended by Act 2019, No. 315,§ 1935, eff. 7/24/2019.

Acts 1989, No. 435, § 2.
Ark. Code Ann. § 20-48-103 — AR Code / Title 20 / Chapter 48 / Subchapter 1 / Section 20-48-103
Purpose - Use of certain funds
Status: in_force

It is the specific recommendation of the General Assembly that the Division of Developmental Disabilities Services of the Department of Human Services utilize Title XIX, social services block grant, and state grants-in-aid funds available to nonprofit community programs to seek to achieve the following goals: (1) Providing for operation of nonprofit community programs that the state agency encouraged the nonprofit community programs to build with nonstate funds; (2) Determination by the division of reasonable costs for the services provided by nonprofit community programs; and (3) That the state not reduce reasonable cost funding of nonprofit community programs. Acts 1985, No. 777, § 18; 1989 (1st Ex. Sess.), No. 246, § 16; 2007, No. 645, § 2.

It is the specific recommendation of the General Assembly that the Division of Developmental Disabilities Services of the Department of Human Services utilize Title XIX, social services block grant, and state grants-in-aid funds available to nonprofit community programs to seek to achieve the following goals:

(1) Providing for operation of nonprofit community programs that the state agency encouraged the nonprofit community programs to build with nonstate funds;

(2) Determination by the division of reasonable costs for the services provided by nonprofit community programs; and

(3) That the state not reduce reasonable cost funding of nonprofit community programs.

Acts 1985, No. 777, § 18; 1989 (1st Ex. Sess.), No. 246, § 16; 2007, No. 645, § 2.
Ark. Code Ann. § 20-13-806 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-806
Trauma data collection and evaluation system - Confidentiality of records
Status: in_force

(a) (1) The Department of Health shall develop a trauma data collection and evaluation system known as the "Trauma Registry". (2) The Trauma Registry shall be designed to study both the individual and collective care and treatment given to patients of the trauma system. (b) (1) The department may collect data and information regarding patients treated and transported from the field and admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit or post-hospitalization facility. (2) Data and information shall be collected in a manner which protects and maintains the confidential nature of patient records. (c) Records and reports made pursuant to this subchapter shall be held confidential within the hospital and department and shall not be available to the public. (d) The department shall require all recipients of sustaining grants under this subchapter to participate in the state-specified Trauma Registry. Amended by Act 2013, No. 1132,§ 7, eff. 8/16/2013. Acts 1993, No. 559, § 6; 2009, No. 393, § 1.

(a) (1) The Department of Health shall develop a trauma data collection and evaluation system known as the "Trauma Registry". (2) The Trauma Registry shall be designed to study both the individual and collective care and treatment given to patients of the trauma system.

(1) The Department of Health shall develop a trauma data collection and evaluation system known as the "Trauma Registry".

(2) The Trauma Registry shall be designed to study both the individual and collective care and treatment given to patients of the trauma system.

(b) (1) The department may collect data and information regarding patients treated and transported from the field and admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit or post-hospitalization facility. (2) Data and information shall be collected in a manner which protects and maintains the confidential nature of patient records.

(1) The department may collect data and information regarding patients treated and transported from the field and admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit or post-hospitalization facility.

(2) Data and information shall be collected in a manner which protects and maintains the confidential nature of patient records.

(c) Records and reports made pursuant to this subchapter shall be held confidential within the hospital and department and shall not be available to the public.

(d) The department shall require all recipients of sustaining grants under this subchapter to participate in the state-specified Trauma Registry.

Amended by Act 2013, No. 1132,§ 7, eff. 8/16/2013.

Acts 1993, No. 559, § 6; 2009, No. 393, § 1.
Ark. Code Ann. § 20-48-1105 — AR Code / Title 20 / Chapter 48 / Subchapter 11 / Section 20-48-1105
Order of priority for granting approval
Status: in_force

(a) When considering an application for approval under this subchapter for expansion of early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or any successor program services, the Division of Developmental Disabilities Services of the Department of Human Services shall give approval in the following order of preference: (1) A certified child health management services, a licensed developmental day treatment clinic services for children, or a successor program with existing operations in the county identified by the division as underserved; (2) A certified child health management services program, a licensed developmental day treatment clinic services for children, or a successor program from another county in the state; (3) An accredited entity in the underserved county; (4) An accredited entity from another county in the state; and (5) An accredited entity from outside the state. (b) The division shall not require accreditation of the following entities in order to approve the entity's application for expansion of early intervention day treatment services under this subchapter: (1) A certified child health management services program with existing operations on July 1, 2013; (2) A licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013; (3) A successor program that was a certified child health management services program with existing operations on July 1, 2013; or (4) A successor program that was a licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013. Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.

(a) When considering an application for approval under this subchapter for expansion of early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or any successor program services, the Division of Developmental Disabilities Services of the Department of Human Services shall give approval in the following order of preference: (1) A certified child health management services, a licensed developmental day treatment clinic services for children, or a successor program with existing operations in the county identified by the division as underserved; (2) A certified child health management services program, a licensed developmental day treatment clinic services for children, or a successor program from another county in the state; (3) An accredited entity in the underserved county; (4) An accredited entity from another county in the state; and (5) An accredited entity from outside the state.

(1) A certified child health management services, a licensed developmental day treatment clinic services for children, or a successor program with existing operations in the county identified by the division as underserved;

(2) A certified child health management services program, a licensed developmental day treatment clinic services for children, or a successor program from another county in the state;

(3) An accredited entity in the underserved county;

(4) An accredited entity from another county in the state; and

(5) An accredited entity from outside the state.

(b) The division shall not require accreditation of the following entities in order to approve the entity's application for expansion of early intervention day treatment services under this subchapter: (1) A certified child health management services program with existing operations on July 1, 2013; (2) A licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013; (3) A successor program that was a certified child health management services program with existing operations on July 1, 2013; or (4) A successor program that was a licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013.

(1) A certified child health management services program with existing operations on July 1, 2013;

(2) A licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013;

(3) A successor program that was a certified child health management services program with existing operations on July 1, 2013; or

(4) A successor program that was a licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013.

Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-8-1003 — AR Code / Title 20 / Chapter 8 / Subchapter 10 / Section 20-8-1003
Continuum of Care Program
Status: in_force

(a) (1) The Department of Human Services shall establish the "Continuum of Care Program" for certain pregnant women and parents. (2) The department may contract with entities to operate the program. (3) The procurement of a vendor shall be done through the Arkansas Procurement Law, § 19-11-201 et seq., by the Office of State Procurement. (b) (1) The purpose of the program is to facilitate the operation of a statewide telemedicine support network that provides community outreach, consultations, and care coordination for women who are challenged with unexpected pregnancies. (2) The program shall: (A) Encourage healthy childbirth; (B) Support childbirth as an alternative to abortion; (C) Promote family formation; (D) Assist parents in establishing successful parenting techniques; and (E) Increase the economic self-sufficiency of families. (c) (1) The program shall utilize a statewide telemedicine support network to facilitate the services and resources described under subsection (e) of this section. (2) The department shall provide by rule for the functions and administration of the telemedicine support network. (d) The department shall finance the program with funds appropriated to the department by the General Assembly for operation of the program. (e) (1) The program shall provide direct services, supports, social services case management, and referrals to biological parents of unborn children and biological or adoptive parents of children under two (2) years of age. (2) The program shall include: (A) Outreach to at-risk populations eligible for the program; (B) Use of licensed nurses, community health workers, or other individuals of equivalent expertise to: (i) Assess and evaluate program participant needs related to pregnancy or parenting; (ii) Assist program participants in obtaining medical and mental health care; and (iii) Provide medically accurate, pregnancy-related medical information to program participants; and (C) Use of licensed social workers, nurses, community health workers, licensed professional counselors, or other individuals of equivalent experience to: (i) Develop a care plan, resources, and supports for program participants to address identified needs; (ii) Refer program participants to local resources including without limitation state and federal benefits programs and local charitable organizations; and (iii) Assist program participants in: (a) Applying for state and federal benefits programs; and (b) Accomplishing elements of the care plan. (f) Any organization contracted by the department to provide services under this section and any of its subcontractors or agents providing services under this section shall: (1) Maintain the confidentiality of information obtained while performing program services, including complying with state law; (2) Not provide or prescribe abortion services or abortion aid; (3) Not promote, refer for, facilitate, or assist women in obtaining abortion services or abortion aid; (4) Not own or operate an abortion provider; (5) Not own or operate with a person who promotes, refers for, facilitates, or assists women in obtaining an abortion; (6) Not employ an individual who has performed or induced an abortion in the last two (2) years; and (7) Not have a director, board member, officer, volunteer, or employee who performed or induced an abortion in the last two (2) years or who serves in any of these roles described in this subsection. (g) Any program participant who terminates a pregnancy shall be eligible to continue receiving services through the program for a period of six (6) months from the date of the pregnancy termination. (h) (1) On or before October 1, 2024, and annually thereafter, the department shall submit to the Legislative Council a report on the status and operation of the program. (2) Each report required by subdivision (h)(1) of this section shall include: (A) The number of individuals served by the program, and for the individuals served; and (B) The types of referrals and services provided to program participants. (3) Information provided to the department shall not include any personally identifying information regarding program participants. (i) The department shall promulgate rules necessary to implement this section. Added by Act 2023, No. 703,§ 3, eff. 8/1/2023.

(a) (1) The Department of Human Services shall establish the "Continuum of Care Program" for certain pregnant women and parents. (2) The department may contract with entities to operate the program. (3) The procurement of a vendor shall be done through the Arkansas Procurement Law, § 19-11-201 et seq., by the Office of State Procurement.

(1) The Department of Human Services shall establish the "Continuum of Care Program" for certain pregnant women and parents.

(2) The department may contract with entities to operate the program.

(3) The procurement of a vendor shall be done through the Arkansas Procurement Law, § 19-11-201 et seq., by the Office of State Procurement.

(b) (1) The purpose of the program is to facilitate the operation of a statewide telemedicine support network that provides community outreach, consultations, and care coordination for women who are challenged with unexpected pregnancies. (2) The program shall: (A) Encourage healthy childbirth; (B) Support childbirth as an alternative to abortion; (C) Promote family formation; (D) Assist parents in establishing successful parenting techniques; and (E) Increase the economic self-sufficiency of families.

(1) The purpose of the program is to facilitate the operation of a statewide telemedicine support network that provides community outreach, consultations, and care coordination for women who are challenged with unexpected pregnancies.

(2) The program shall: (A) Encourage healthy childbirth; (B) Support childbirth as an alternative to abortion; (C) Promote family formation; (D) Assist parents in establishing successful parenting techniques; and (E) Increase the economic self-sufficiency of families.

(A) Encourage healthy childbirth;

(B) Support childbirth as an alternative to abortion;

(C) Promote family formation;

(D) Assist parents in establishing successful parenting techniques; and

(E) Increase the economic self-sufficiency of families.

(c) (1) The program shall utilize a statewide telemedicine support network to facilitate the services and resources described under subsection (e) of this section. (2) The department shall provide by rule for the functions and administration of the telemedicine support network.

(1) The program shall utilize a statewide telemedicine support network to facilitate the services and resources described under subsection (e) of this section.

(2) The department shall provide by rule for the functions and administration of the telemedicine support network.

(d) The department shall finance the program with funds appropriated to the department by the General Assembly for operation of the program.

(e) (1) The program shall provide direct services, supports, social services case management, and referrals to biological parents of unborn children and biological or adoptive parents of children under two (2) years of age. (2) The program shall include: (A) Outreach to at-risk populations eligible for the program; (B) Use of licensed nurses, community health workers, or other individuals of equivalent expertise to: (i) Assess and evaluate program participant needs related to pregnancy or parenting; (ii) Assist program participants in obtaining medical and mental health care; and (iii) Provide medically accurate, pregnancy-related medical information to program participants; and (C) Use of licensed social workers, nurses, community health workers, licensed professional counselors, or other individuals of equivalent experience to: (i) Develop a care plan, resources, and supports for program participants to address identified needs; (ii) Refer program participants to local resources including without limitation state and federal benefits programs and local charitable organizations; and (iii) Assist program participants in: (a) Applying for state and federal benefits programs; and (b) Accomplishing elements of the care plan.

(1) The program shall provide direct services, supports, social services case management, and referrals to biological parents of unborn children and biological or adoptive parents of children under two (2) years of age.

(2) The program shall include: (A) Outreach to at-risk populations eligible for the program; (B) Use of licensed nurses, community health workers, or other individuals of equivalent expertise to: (i) Assess and evaluate program participant needs related to pregnancy or parenting; (ii) Assist program participants in obtaining medical and mental health care; and (iii) Provide medically accurate, pregnancy-related medical information to program participants; and (C) Use of licensed social workers, nurses, community health workers, licensed professional counselors, or other individuals of equivalent experience to: (i) Develop a care plan, resources, and supports for program participants to address identified needs; (ii) Refer program participants to local resources including without limitation state and federal benefits programs and local charitable organizations; and (iii) Assist program participants in: (a) Applying for state and federal benefits programs; and (b) Accomplishing elements of the care plan.

(A) Outreach to at-risk populations eligible for the program;

(B) Use of licensed nurses, community health workers, or other individuals of equivalent expertise to: (i) Assess and evaluate program participant needs related to pregnancy or parenting; (ii) Assist program participants in obtaining medical and mental health care; and (iii) Provide medically accurate, pregnancy-related medical information to program participants; and

(i) Assess and evaluate program participant needs related to pregnancy or parenting;

(ii) Assist program participants in obtaining medical and mental health care; and

(iii) Provide medically accurate, pregnancy-related medical information to program participants; and

(C) Use of licensed social workers, nurses, community health workers, licensed professional counselors, or other individuals of equivalent experience to: (i) Develop a care plan, resources, and supports for program participants to address identified needs; (ii) Refer program participants to local resources including without limitation state and federal benefits programs and local charitable organizations; and (iii) Assist program participants in: (a) Applying for state and federal benefits programs; and (b) Accomplishing elements of the care plan.

(i) Develop a care plan, resources, and supports for program participants to address identified needs;

(ii) Refer program participants to local resources including without limitation state and federal benefits programs and local charitable organizations; and

(iii) Assist program participants in: (a) Applying for state and federal benefits programs; and (b) Accomplishing elements of the care plan.

(a) Applying for state and federal benefits programs; and

(b) Accomplishing elements of the care plan.

(f) Any organization contracted by the department to provide services under this section and any of its subcontractors or agents providing services under this section shall: (1) Maintain the confidentiality of information obtained while performing program services, including complying with state law; (2) Not provide or prescribe abortion services or abortion aid; (3) Not promote, refer for, facilitate, or assist women in obtaining abortion services or abortion aid; (4) Not own or operate an abortion provider; (5) Not own or operate with a person who promotes, refers for, facilitates, or assists women in obtaining an abortion; (6) Not employ an individual who has performed or induced an abortion in the last two (2) years; and (7) Not have a director, board member, officer, volunteer, or employee who performed or induced an abortion in the last two (2) years or who serves in any of these roles described in this subsection.

(1) Maintain the confidentiality of information obtained while performing program services, including complying with state law;

(2) Not provide or prescribe abortion services or abortion aid;

(3) Not promote, refer for, facilitate, or assist women in obtaining abortion services or abortion aid;

(4) Not own or operate an abortion provider;

(5) Not own or operate with a person who promotes, refers for, facilitates, or assists women in obtaining an abortion;

(6) Not employ an individual who has performed or induced an abortion in the last two (2) years; and

(7) Not have a director, board member, officer, volunteer, or employee who performed or induced an abortion in the last two (2) years or who serves in any of these roles described in this subsection.

(g) Any program participant who terminates a pregnancy shall be eligible to continue receiving services through the program for a period of six (6) months from the date of the pregnancy termination.

(h) (1) On or before October 1, 2024, and annually thereafter, the department shall submit to the Legislative Council a report on the status and operation of the program. (2) Each report required by subdivision (h)(1) of this section shall include: (A) The number of individuals served by the program, and for the individuals served; and (B) The types of referrals and services provided to program participants. (3) Information provided to the department shall not include any personally identifying information regarding program participants.

(1) On or before October 1, 2024, and annually thereafter, the department shall submit to the Legislative Council a report on the status and operation of the program.

(2) Each report required by subdivision (h)(1) of this section shall include: (A) The number of individuals served by the program, and for the individuals served; and (B) The types of referrals and services provided to program participants.

(A) The number of individuals served by the program, and for the individuals served; and

(B) The types of referrals and services provided to program participants.

(3) Information provided to the department shall not include any personally identifying information regarding program participants.

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

Added by Act 2023, No. 703,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 20-23-101 — AR Code / Title 20 / Chapter 23 / Subchapter 1 / Section 20-23-101
Definitions
Status: in_force

As used in this chapter: (1) "Boiler" or "boilers" means any boiler or like vessel or container in which water is heated or steam is generated by the application of heat and includes: (A) Steam boilers that generate steam under pressure and include: (i) High pressure steam boilers that generate steam under pressure more than fifteen pounds per square inch gauge (15 psig); and (ii) Low pressure steam heating boilers that generate steam at fifteen pounds per square inch gauge (15 psig) or less for heating purposes; (B) Hot water heating boilers that heat water for the external use of heating any area or building; and (C) Hot water heaters that are used for heating water for external use; (2) "Horsepower" means the evaporation of thirty-four and five-tenths pounds (34.5 lbs.) of water from a temperature of two hundred twelve degrees Fahrenheit (212° F) into steam at two hundred twelve degrees Fahrenheit (212° F) at fourteen and seven-tenths pounds per square inch absolute (14.7 psia); (3) "Internal" and "external" inspection means a thorough and proper inspection as provided for in the rules by the Boiler Inspection Division; (4) (A) "Pressure piping" means power piping systems and their component parts within or forming a part of the pressure piping system connected to any boiler or unfired pressure vessel covered by the provisions of this chapter. (B) This includes only boiler external piping for power boilers and high-temperature, high pressure water boilers in which: (i) Steam or vapor is generated at a pressure of more than fifteen pounds per square inch gauge (15 psig); and (ii) High-temperature water is generated at pressures exceeding one hundred sixty pounds per square inch gauge (160 psig) and temperatures exceeding two hundred fifty degrees Fahrenheit (250° F) or one hundred twenty degrees Centigrade (120° C), or both. (C) Boiler external piping shall be considered as that piping which begins where the boiler proper terminates at: (i) The first circumferential joint for welding end connections; (ii) The face of the first flange in bolted flanged connections; or (iii) The first threaded joint in that type of connection and which extends up to and includes the valve or valves required by rule; (5) "Pressure vessel" means any unfired pressure vessel constructed for the accumulation, storage, or transportation of air, liquids, or gases that are under induced pressure; and (6) "PSIG" means pounds per square inch gauge pressure. Amended by Act 2019, No. 315,§ 2047, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2046, eff. 7/24/2019. Acts 1961, No. 494, § 9; A.S.A. 1947, § 81-509; Acts 1993, No. 477, § 1; 1999, No. 982, § 1; 2005, No. 1012, § 1.

As used in this chapter:

(1) "Boiler" or "boilers" means any boiler or like vessel or container in which water is heated or steam is generated by the application of heat and includes: (A) Steam boilers that generate steam under pressure and include: (i) High pressure steam boilers that generate steam under pressure more than fifteen pounds per square inch gauge (15 psig); and (ii) Low pressure steam heating boilers that generate steam at fifteen pounds per square inch gauge (15 psig) or less for heating purposes; (B) Hot water heating boilers that heat water for the external use of heating any area or building; and (C) Hot water heaters that are used for heating water for external use;

(A) Steam boilers that generate steam under pressure and include: (i) High pressure steam boilers that generate steam under pressure more than fifteen pounds per square inch gauge (15 psig); and (ii) Low pressure steam heating boilers that generate steam at fifteen pounds per square inch gauge (15 psig) or less for heating purposes;

(i) High pressure steam boilers that generate steam under pressure more than fifteen pounds per square inch gauge (15 psig); and

(ii) Low pressure steam heating boilers that generate steam at fifteen pounds per square inch gauge (15 psig) or less for heating purposes;

(B) Hot water heating boilers that heat water for the external use of heating any area or building; and

(C) Hot water heaters that are used for heating water for external use;

(2) "Horsepower" means the evaporation of thirty-four and five-tenths pounds (34.5 lbs.) of water from a temperature of two hundred twelve degrees Fahrenheit (212° F) into steam at two hundred twelve degrees Fahrenheit (212° F) at fourteen and seven-tenths pounds per square inch absolute (14.7 psia);

(3) "Internal" and "external" inspection means a thorough and proper inspection as provided for in the rules by the Boiler Inspection Division;

(4) (A) "Pressure piping" means power piping systems and their component parts within or forming a part of the pressure piping system connected to any boiler or unfired pressure vessel covered by the provisions of this chapter. (B) This includes only boiler external piping for power boilers and high-temperature, high pressure water boilers in which: (i) Steam or vapor is generated at a pressure of more than fifteen pounds per square inch gauge (15 psig); and (ii) High-temperature water is generated at pressures exceeding one hundred sixty pounds per square inch gauge (160 psig) and temperatures exceeding two hundred fifty degrees Fahrenheit (250° F) or one hundred twenty degrees Centigrade (120° C), or both. (C) Boiler external piping shall be considered as that piping which begins where the boiler proper terminates at: (i) The first circumferential joint for welding end connections; (ii) The face of the first flange in bolted flanged connections; or (iii) The first threaded joint in that type of connection and which extends up to and includes the valve or valves required by rule;

(A) "Pressure piping" means power piping systems and their component parts within or forming a part of the pressure piping system connected to any boiler or unfired pressure vessel covered by the provisions of this chapter.

(B) This includes only boiler external piping for power boilers and high-temperature, high pressure water boilers in which: (i) Steam or vapor is generated at a pressure of more than fifteen pounds per square inch gauge (15 psig); and (ii) High-temperature water is generated at pressures exceeding one hundred sixty pounds per square inch gauge (160 psig) and temperatures exceeding two hundred fifty degrees Fahrenheit (250° F) or one hundred twenty degrees Centigrade (120° C), or both.

(i) Steam or vapor is generated at a pressure of more than fifteen pounds per square inch gauge (15 psig); and

(ii) High-temperature water is generated at pressures exceeding one hundred sixty pounds per square inch gauge (160 psig) and temperatures exceeding two hundred fifty degrees Fahrenheit (250° F) or one hundred twenty degrees Centigrade (120° C), or both.

(C) Boiler external piping shall be considered as that piping which begins where the boiler proper terminates at: (i) The first circumferential joint for welding end connections; (ii) The face of the first flange in bolted flanged connections; or (iii) The first threaded joint in that type of connection and which extends up to and includes the valve or valves required by rule;

(i) The first circumferential joint for welding end connections;

(ii) The face of the first flange in bolted flanged connections; or

(iii) The first threaded joint in that type of connection and which extends up to and includes the valve or valves required by rule;

(5) "Pressure vessel" means any unfired pressure vessel constructed for the accumulation, storage, or transportation of air, liquids, or gases that are under induced pressure; and

(6) "PSIG" means pounds per square inch gauge pressure.

Amended by Act 2019, No. 315,§ 2047, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2046, eff. 7/24/2019.

Acts 1961, No. 494, § 9; A.S.A. 1947, § 81-509; Acts 1993, No. 477, § 1; 1999, No. 982, § 1; 2005, No. 1012, § 1.
Ark. Code Ann. § 20-22-605 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-605
Report and investigation of violations
Status: in_force

(a) The Division of Occupational and Professional Licensing Boards and Commissions and other state and local agencies and officers may cooperate with and assist the Arkansas Fire Protection Licensing Board in administering and enforcing this subchapter by reporting to the board any violations of this subchapter or any failure to comply with this subchapter or the policies adopted by the board pursuant to the authority granted in this subchapter. (b) When any violation of this subchapter or of any policy of the board adopted pursuant to this subchapter is discovered by or reported to the board, the board shall investigate the violation and take appropriate action. Amended by Act 2019, No. 910,§ 5449, eff. 7/1/2019. Acts 1977, No. 743, § 13; A.S.A. 1947, § 82-844.

(a) The Division of Occupational and Professional Licensing Boards and Commissions and other state and local agencies and officers may cooperate with and assist the Arkansas Fire Protection Licensing Board in administering and enforcing this subchapter by reporting to the board any violations of this subchapter or any failure to comply with this subchapter or the policies adopted by the board pursuant to the authority granted in this subchapter.

(b) When any violation of this subchapter or of any policy of the board adopted pursuant to this subchapter is discovered by or reported to the board, the board shall investigate the violation and take appropriate action.

Amended by Act 2019, No. 910,§ 5449, eff. 7/1/2019.

Acts 1977, No. 743, § 13; A.S.A. 1947, § 82-844.
Ark. Code Ann. § 20-77-2603 — AR Code / Title 20 / Chapter 77 / Subchapter 26 / Section 20-77-2603
Designation of caregiver
Status: in_force

(a) (1) A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate a caregiver following the patient's admission into a hospital and before the discharge of the patient to the residence of the patient. (2) Before discharge, a patient may elect to change the patient's designated caregiver in the event that the original designated caregiver becomes unavailable, unwilling, or unable to care for the patient. (b) Designation of an individual as a caregiver pursuant to this section does not obligate that individual to accept the role of caregiver for the patient. (c) This section does not require a patient to designate a caregiver. (d) The hospital shall be deemed to have complied in full with the requirements of this subchapter in the event that the patient or, if applicable, the legal guardian of the patient: (1) Declines to designate a caregiver under this section; or (2) Objects to the disclosure of medical information concerning the patient to the caregiver. Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.

(a) (1) A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate a caregiver following the patient's admission into a hospital and before the discharge of the patient to the residence of the patient. (2) Before discharge, a patient may elect to change the patient's designated caregiver in the event that the original designated caregiver becomes unavailable, unwilling, or unable to care for the patient.

(1) A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate a caregiver following the patient's admission into a hospital and before the discharge of the patient to the residence of the patient.

(2) Before discharge, a patient may elect to change the patient's designated caregiver in the event that the original designated caregiver becomes unavailable, unwilling, or unable to care for the patient.

(b) Designation of an individual as a caregiver pursuant to this section does not obligate that individual to accept the role of caregiver for the patient.

(c) This section does not require a patient to designate a caregiver.

(d) The hospital shall be deemed to have complied in full with the requirements of this subchapter in the event that the patient or, if applicable, the legal guardian of the patient: (1) Declines to designate a caregiver under this section; or (2) Objects to the disclosure of medical information concerning the patient to the caregiver.

(1) Declines to designate a caregiver under this section; or

(2) Objects to the disclosure of medical information concerning the patient to the caregiver.

Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-64-503 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-503
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Blood" means whole blood collected from a single donor and processed either for transfusion or further manufacturing; (2) "Blood component" means that part of blood separated by physical or mechanical means; (3) [Repealed.] (4) "Controlled substance" means those substances, drugs, or immediate precursors listed in Schedules I through VI of the Uniform Controlled Substances Act, § 5-64-101 et seq., and revised by the Secretary of the Department of Health pursuant to his or her authority under §§ 5-64-214 - 5-64-216 ; (5) "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug; (6) (A) "Legend drug" means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is: (i) Habit-forming; (ii) Toxic or having potential for harm; or (iii) Limited in its use to use under a practitioner's supervision by the new drug application for the drug. (B) The product label of a legend drug is required to contain the statement: "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION". (C) A legend drug includes prescription drugs subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) if certain specified conditions are met; (7) "Manufacturer" means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug; (8) "Person" includes individual, partnership, corporation, business firm, and association; (9) "Prescription drug" means controlled substances, legend drugs, and veterinary legend drugs as defined herein; (10) "Veterinary legend drugs" means drugs defined in 21 C.F.R. § 201.105 and bearing a label required to bear the cautionary statement: "CAUTION: FEDERAL LAW RESTRICTS THIS DRUG TO USE BY OR ON ORDER OF A LICENSED VETERINARIAN"; (11) "Wholesale distribution" means the distribution of prescription drugs to persons other than consumers or patients but does not include: (A) Intracompany sales; (B) The purchase or other acquisition by a hospital or other healthcare entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or healthcare entities that are members of the organizations; (C) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (D) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other healthcare entities that are under common control. For the purposes of this section, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization whether by ownership of stock or voting rights, by contract, or otherwise; (E) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons; for purposes of this section, "emergency medical reasons" includes transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage; (F) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription; (G) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or (H) The sale, purchase, or trade of blood components intended for transfusion; and (12) "Wholesale distributor" means any person engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers; repackers' own-label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; prescription drug repackagers; physicians; dentists; veterinarians; birth control and other clinics; individuals; hospitals; nursing homes and their providers; health maintenance organizations and other healthcare providers; and retail and hospital pharmacies that conduct wholesale distributions. A wholesale drug distributor shall not include any for-hire carrier or person or entity hired solely to transport prescription drugs. Amended by Act 2019, No. 389,§ 69, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 68, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5101, eff. 7/1/2019. Acts 1969, No. 173, § 1; 1979, No. 751, § 3; 1981, No. 257, § 1; A.S.A. 1947, § 82-2113; Acts 1991, No. 739, § 2.

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

(1) "Blood" means whole blood collected from a single donor and processed either for transfusion or further manufacturing;

(2) "Blood component" means that part of blood separated by physical or mechanical means;

(3) [Repealed.]

(4) "Controlled substance" means those substances, drugs, or immediate precursors listed in Schedules I through VI of the Uniform Controlled Substances Act, § 5-64-101 et seq., and revised by the Secretary of the Department of Health pursuant to his or her authority under §§ 5-64-214 - 5-64-216 ;

(5) "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug;

(6) (A) "Legend drug" means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is: (i) Habit-forming; (ii) Toxic or having potential for harm; or (iii) Limited in its use to use under a practitioner's supervision by the new drug application for the drug. (B) The product label of a legend drug is required to contain the statement: "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION". (C) A legend drug includes prescription drugs subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) if certain specified conditions are met;

(A) "Legend drug" means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is: (i) Habit-forming; (ii) Toxic or having potential for harm; or (iii) Limited in its use to use under a practitioner's supervision by the new drug application for the drug.

(i) Habit-forming;

(ii) Toxic or having potential for harm; or

(iii) Limited in its use to use under a practitioner's supervision by the new drug application for the drug.

(B) The product label of a legend drug is required to contain the statement: "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION".

(C) A legend drug includes prescription drugs subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) if certain specified conditions are met;

(7) "Manufacturer" means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug;

(8) "Person" includes individual, partnership, corporation, business firm, and association;

(9) "Prescription drug" means controlled substances, legend drugs, and veterinary legend drugs as defined herein;

(10) "Veterinary legend drugs" means drugs defined in 21 C.F.R. § 201.105 and bearing a label required to bear the cautionary statement: "CAUTION: FEDERAL LAW RESTRICTS THIS DRUG TO USE BY OR ON ORDER OF A LICENSED VETERINARIAN";

(11) "Wholesale distribution" means the distribution of prescription drugs to persons other than consumers or patients but does not include: (A) Intracompany sales; (B) The purchase or other acquisition by a hospital or other healthcare entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or healthcare entities that are members of the organizations; (C) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (D) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other healthcare entities that are under common control. For the purposes of this section, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization whether by ownership of stock or voting rights, by contract, or otherwise; (E) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons; for purposes of this section, "emergency medical reasons" includes transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage; (F) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription; (G) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or (H) The sale, purchase, or trade of blood components intended for transfusion; and

(A) Intracompany sales;

(B) The purchase or other acquisition by a hospital or other healthcare entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or healthcare entities that are members of the organizations;

(C) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

(D) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other healthcare entities that are under common control. For the purposes of this section, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization whether by ownership of stock or voting rights, by contract, or otherwise;

(E) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons; for purposes of this section, "emergency medical reasons" includes transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage;

(F) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription;

(G) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or

(H) The sale, purchase, or trade of blood components intended for transfusion; and

(12) "Wholesale distributor" means any person engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers; repackers' own-label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; prescription drug repackagers; physicians; dentists; veterinarians; birth control and other clinics; individuals; hospitals; nursing homes and their providers; health maintenance organizations and other healthcare providers; and retail and hospital pharmacies that conduct wholesale distributions. A wholesale drug distributor shall not include any for-hire carrier or person or entity hired solely to transport prescription drugs.

Amended by Act 2019, No. 389,§ 69, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 68, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5101, eff. 7/1/2019.

Acts 1969, No. 173, § 1; 1979, No. 751, § 3; 1981, No. 257, § 1; A.S.A. 1947, § 82-2113; Acts 1991, No. 739, § 2.
Ark. Code Ann. § 20-22-1016 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1016
Review of fire protection class code determinations by State Fire Marshal - Recommendations to Insurance Commissioner
Status: in_force

(a) The State Fire Marshal, or his or her designee, may review fire protection standards filings filed by an advisory organization with the Insurance Commissioner if: (1) The filing is based on the effectiveness of fire protection services; and (2) Upon request of the commissioner or a person affected by a rate filing. (b) The State Fire Marshal shall review a fire protection class code determination by: (1) Reassessing the fire protection services of each area of the state under approved standards to determine whether or not the analysis of the area's fire protection services were graded accurately considering the area's concerns, characteristics, and equipment and support available for fire protection services; (2) Advising the commissioner if the fire protection class code determination is reasonable and appropriate; and (3) Recommending further review or action by the commissioner concerning the fire protection class code determination. (c) A recommendation by the State Fire Marshal is not binding on the commissioner. (d) The State Fire Marshal shall make its recommendations under this section to the commissioner within thirty (30) days after receipt of a request to review a fire protection standards filing. (e) The State Fire Marshal shall draw upon the experience and knowledge of different individuals in this state to make an informed recommendation to the commissioner. Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.

(a) The State Fire Marshal, or his or her designee, may review fire protection standards filings filed by an advisory organization with the Insurance Commissioner if: (1) The filing is based on the effectiveness of fire protection services; and (2) Upon request of the commissioner or a person affected by a rate filing.

(1) The filing is based on the effectiveness of fire protection services; and

(2) Upon request of the commissioner or a person affected by a rate filing.

(b) The State Fire Marshal shall review a fire protection class code determination by: (1) Reassessing the fire protection services of each area of the state under approved standards to determine whether or not the analysis of the area's fire protection services were graded accurately considering the area's concerns, characteristics, and equipment and support available for fire protection services; (2) Advising the commissioner if the fire protection class code determination is reasonable and appropriate; and (3) Recommending further review or action by the commissioner concerning the fire protection class code determination.

(1) Reassessing the fire protection services of each area of the state under approved standards to determine whether or not the analysis of the area's fire protection services were graded accurately considering the area's concerns, characteristics, and equipment and support available for fire protection services;

(2) Advising the commissioner if the fire protection class code determination is reasonable and appropriate; and

(3) Recommending further review or action by the commissioner concerning the fire protection class code determination.

(c) A recommendation by the State Fire Marshal is not binding on the commissioner.

(d) The State Fire Marshal shall make its recommendations under this section to the commissioner within thirty (30) days after receipt of a request to review a fire protection standards filing.

(e) The State Fire Marshal shall draw upon the experience and knowledge of different individuals in this state to make an informed recommendation to the commissioner.

Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.
Ark. Code Ann. § 20-8-103 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-103
Health Services Permit Commission - Powers and duties
Status: in_force

(a) The Health Services Permit Commission shall evaluate the availability and adequacy of health facilities and health services as they relate to long-term care facilities and home healthcare service agencies in this state. (b) The commission shall designate those locales or areas of the state in which, due to the requirements of the population or the geography of the area, the health service needs of the population are underserved. (c) The commission may specify, within locales or areas, categories of health services which are underserved or overserved due to the composition or requirements of the population or the geography of the area. (d) The commission shall develop policies and adopt criteria, including time limitations, to be utilized by the Health Services Permit Agency in the review of applications and the issuing of permits of approval for a long-term care facility or a home healthcare service agency as provided in this subchapter. (e) The commission may define certain underserved locales or areas or categories of services within underserved locales or areas to be exempt for specified periods of time from the permit-of-approval requirement. (f) The commission may set application fees for permit-of-approval applications to be charged and collected by the agency. (g) (1) Upon appeal by the applicant or an interested party, the commission shall conduct hearings on decisions by the agency within ninety (90) days of the agency decision. The commission shall render its final decision within fifteen (15) days of the close of the hearing. Failure of the commission to take final action within these time periods shall be considered a ratification of the agency decision and shall constitute the final decision of the commission from which an appeal to circuit court may be filed. (2) Neither a competitor of a successful applicant for a permit of approval nor any other party shall have the right to appeal the commission's decision to grant a permit of approval. Acts 1987, No. 593, § 3; 1987 (1st Ex. Sess.), No. 40, §§ 4, 5; 1989, No. 422, §§ 3-5; 2001, No. 1800, § 8.

(a) The Health Services Permit Commission shall evaluate the availability and adequacy of health facilities and health services as they relate to long-term care facilities and home healthcare service agencies in this state.

(b) The commission shall designate those locales or areas of the state in which, due to the requirements of the population or the geography of the area, the health service needs of the population are underserved.

(c) The commission may specify, within locales or areas, categories of health services which are underserved or overserved due to the composition or requirements of the population or the geography of the area.

(d) The commission shall develop policies and adopt criteria, including time limitations, to be utilized by the Health Services Permit Agency in the review of applications and the issuing of permits of approval for a long-term care facility or a home healthcare service agency as provided in this subchapter.

(e) The commission may define certain underserved locales or areas or categories of services within underserved locales or areas to be exempt for specified periods of time from the permit-of-approval requirement.

(f) The commission may set application fees for permit-of-approval applications to be charged and collected by the agency.

(g) (1) Upon appeal by the applicant or an interested party, the commission shall conduct hearings on decisions by the agency within ninety (90) days of the agency decision. The commission shall render its final decision within fifteen (15) days of the close of the hearing. Failure of the commission to take final action within these time periods shall be considered a ratification of the agency decision and shall constitute the final decision of the commission from which an appeal to circuit court may be filed. (2) Neither a competitor of a successful applicant for a permit of approval nor any other party shall have the right to appeal the commission's decision to grant a permit of approval.

(1) Upon appeal by the applicant or an interested party, the commission shall conduct hearings on decisions by the agency within ninety (90) days of the agency decision. The commission shall render its final decision within fifteen (15) days of the close of the hearing. Failure of the commission to take final action within these time periods shall be considered a ratification of the agency decision and shall constitute the final decision of the commission from which an appeal to circuit court may be filed.

(2) Neither a competitor of a successful applicant for a permit of approval nor any other party shall have the right to appeal the commission's decision to grant a permit of approval.

Acts 1987, No. 593, § 3; 1987 (1st Ex. Sess.), No. 40, §§ 4, 5; 1989, No. 422, §§ 3-5; 2001, No. 1800, § 8.
Ark. Code Ann. § 20-76-404 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-404
Duration of assistance - Extended support services
Status: in_force

(a) (1) The Department of Human Services shall not provide financial assistance to a family that includes an adult recipient who has received financial assistance for more than twelve (12) months, except as provided in subsection (c) of this section. (2) The number of months need not be consecutive and shall include the time a recipient receives financial assistance from another state. (3) The Department of Human Services may by rule establish other limitations on the receipt of financial assistance not inconsistent with state or federal law. (b) (1) The Department of Human Services shall certify to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor when the support services necessary for program recipients to obtain employment or participate in allowable work activities are available. (2) The Department of Human Services may certify subsets of program recipients, including without limitation recipients in a certain geographical area or employment opportunity district or program recipients with a high school diploma or high school equivalency diploma approved by the Adult Education Section. (3) Before implementing the twelve-month cumulative limit on financial assistance, the Department of Human Services shall notify program recipients by direct mail or contact and by other means reasonably calculated to reach current and potential program recipients, including, but not limited to, the posting of notices in county offices. (c) The Department of Human Services shall exempt or temporarily defer within thirty (30) calendar days the following persons from the twelve-month cumulative limit on financial assistance: (1) An individual, as determined by a Department of Human Services case manager, who cooperated and participated in activities, but was unable to obtain employment because of circumstances or barriers beyond his or her control; (2) Child-only cases; (3) An individual unable to obtain employment because of the lack of support services necessary to overcome barriers to employment; (4) A parent or caregiver over sixty (60) years of age; (5) A parent or caregiver who is caring for a disabled child relative or disabled adult relative, based upon criteria set forth in Department of Human Services rules; (6) A disabled parent or caregiver, based upon criteria set forth in Department of Human Services rules; (7) A parent less than eighteen (18) years of age who resides in the home of a parent or in an approved adult-supervised setting and who participates in full-time education or training; (8) An individual, who as determined by a Department of Human Services case manager, is unable to obtain employment due directly to the effects of domestic violence. All case manager determinations made under this subdivision (c)(8) shall be reviewed by a supervisor within five (5) days of the determination; (9) Other individuals as determined by the Department of Human Services, including, but not limited to, a child when necessary to protect the child from the risk of neglect, as defined by § 12-18-103(14) ; and (10) Individuals participating in education and training activities who have reached the end of their twelve-month cumulative limit on financial assistance, have complied with all transitional employment assistance rules, are making satisfactory academic progress as determined by the academic institution or training program in which the individual is currently enrolled, and are expected to complete the requirements for the education or training program within a reasonable period of time as defined in rules issued by the Department of Human Services. (d) (1) No months shall be counted toward a person's twelve-month cumulative limit on financial assistance while he or she is receiving a deferral or exemption. (2) There shall be no limit on the length or the number of deferrals or exemptions granted each person as long as the person meets any of the criteria outlined in subsection (c) of this section. (3) The Department of Human Services shall periodically review each case to determine whether the person still meets any of the criteria outlined in subsection (c) of this section. (4) (A) The Department of Human Services shall carry out an enhanced review of all cases six (6) months before the expiration of the time limit. (B) The review shall assess the barriers that remain to the adult or adults in the case obtaining employment, what enhanced services can be provided to enable him or her to obtain employment, and whether the case should be given a six-month extension or be exempted from the time limit. (C) The Department of Human Services shall make every reasonable effort to deliver the available services identified in subdivision (d)(4)(B) of this section. (D) The Department of Human Services shall grant an extension at the time for review if the client meets one (1) of the grounds for extension. (E) The Department of Human Services shall carry out a further review at the end of the extension period. (e) (1) A recipient who was eligible for Medicaid and loses his or her financial assistance due to earnings and whose income remains below one hundred eighty-five percent (185%) of the federal poverty level shall remain eligible for transitional Medicaid without reapplication during the immediately succeeding twelve-month period if private medical insurance is unavailable from the employer. (2) A recipient who loses his or her financial assistance due to earnings and who is employed shall be eligible for: (A) Childcare assistance at no cost and without reapplication for a cumulative period of twelve (12) months; and (B) Twenty-four (24) additional months of childcare assistance provided on a sliding fee scale or other cost-sharing arrangement as determined by the Department of Human Services. (3) The Department of Human Services may reduce the period of transitional child care to a total of twenty-four (24) months for recipients who lose assistance at a specified date after the Department of Human Services' decision to limit the assistance if the Department of Human Services certifies to the Governor and the Chief Fiscal Officer of the State that the reduction is necessary to avoid overspending the biennial budget for child care. (4) The transitional childcare assistance available to former recipients shall not exceed the cumulative number of months provided under subdivisions (e)(2) and (3) of this section, regardless of whether the former recipient reenters the Transitional Employment Assistance Program. (f) (1) The Department of Human Services shall deny Medicaid, childcare, and transportation assistance during the twelve-month period for any month in which the recipient's family does not include a dependent child. (2) The Department of Human Services shall notify the recipient of transitional Medicaid, childcare, and transportation assistance when the recipient is notified of the termination of cash assistance. The notice shall include a description of the circumstances in which the transitional Medicaid and childcare assistance may be terminated. (g) (1) In order to assist current and former program recipients in continuing training and upgrading skills, transitional education or training may be provided to a recipient for up to one (1) year after the recipient is no longer eligible to participate in the program due to employment earnings. (2) Education or training resources available in the community at no additional cost to the Department of Human Services shall be used whenever possible. (3) Transitional education or training shall be employment-related and may include education or training to improve a recipient's job skills in the recipient's existing area of employment or may include education or training to prepare a recipient for employment in another occupation. (4) The Department of Human Services may enter into an agreement with an employer to share the costs relating to upgrading the skills of recipients hired by the employer. (h) Other extended support services may be available to recipients no longer eligible for financial assistance under transitional employment assistance. (i) (1) By August 1, 2001, the Department of Human Services shall develop a plan, subject to review and recommendation by the Arkansas Workforce Development Board, to monitor and protect the safety and well-being of the children within a family whose temporary assistance is terminated for any reason other than the family's successful transition to economic self-sufficiency. (2) (A) Actions required by the plan shall include at least one (1) home visit with the parents and children. (B) Every reasonable effort shall be made to make contact with all families, including visits during evenings and on weekends. (C) The first home visit shall occur within six (6) months after the termination of cash assistance. (D) The purposes of the home visits shall include checking on the well-being of children in those families and determining whether the families need available services. (3) The Department of Human Services may contract with other state agencies, private companies, local government agencies, or community organizations for the conducting of these visits. (4) The board shall submit a report to the Governor and the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor that reports on the outcomes of the home visits and provides separate information for families who left transitional assistance due to noncompliance and time limits. (j) As part of the home visits, families shall be informed about the availability of Medicaid and the ARKids First Program, food stamps, child care, housing assistance, any other supportive services offered by the Department of Human Services or the Department of Health designed to help meet the basic needs and well-being of children, federal and state earned income tax credits, individual development accounts, employment counseling services, and education and training opportunities designed to increase the future earnings and employment prospects of clients. Amended by Act 2023, No. 832,§ 11, eff. 7/1/2023. Amended by Act 2023, No. 266,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2248, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2247, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2246, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 525, eff. 7/1/2019. Amended by Act 2015, No. 1115,§ 27, eff. 7/22/2015. Acts 1953, No. 231, § 7; A.S.A. 1947, § 83-129.1; Acts 1997, No. 1058, § 11; 1999, No. 1567, § 13; 2001, No. 1264, §§ 7, 8; 2007, No. 514, §§ 11, 12, 13; 2009, No. 758, § 27.

(a) (1) The Department of Human Services shall not provide financial assistance to a family that includes an adult recipient who has received financial assistance for more than twelve (12) months, except as provided in subsection (c) of this section. (2) The number of months need not be consecutive and shall include the time a recipient receives financial assistance from another state. (3) The Department of Human Services may by rule establish other limitations on the receipt of financial assistance not inconsistent with state or federal law.

(1) The Department of Human Services shall not provide financial assistance to a family that includes an adult recipient who has received financial assistance for more than twelve (12) months, except as provided in subsection (c) of this section.

(2) The number of months need not be consecutive and shall include the time a recipient receives financial assistance from another state.

(3) The Department of Human Services may by rule establish other limitations on the receipt of financial assistance not inconsistent with state or federal law.

(b) (1) The Department of Human Services shall certify to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor when the support services necessary for program recipients to obtain employment or participate in allowable work activities are available. (2) The Department of Human Services may certify subsets of program recipients, including without limitation recipients in a certain geographical area or employment opportunity district or program recipients with a high school diploma or high school equivalency diploma approved by the Adult Education Section. (3) Before implementing the twelve-month cumulative limit on financial assistance, the Department of Human Services shall notify program recipients by direct mail or contact and by other means reasonably calculated to reach current and potential program recipients, including, but not limited to, the posting of notices in county offices.

(1) The Department of Human Services shall certify to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor when the support services necessary for program recipients to obtain employment or participate in allowable work activities are available.

(2) The Department of Human Services may certify subsets of program recipients, including without limitation recipients in a certain geographical area or employment opportunity district or program recipients with a high school diploma or high school equivalency diploma approved by the Adult Education Section.

(3) Before implementing the twelve-month cumulative limit on financial assistance, the Department of Human Services shall notify program recipients by direct mail or contact and by other means reasonably calculated to reach current and potential program recipients, including, but not limited to, the posting of notices in county offices.

(c) The Department of Human Services shall exempt or temporarily defer within thirty (30) calendar days the following persons from the twelve-month cumulative limit on financial assistance: (1) An individual, as determined by a Department of Human Services case manager, who cooperated and participated in activities, but was unable to obtain employment because of circumstances or barriers beyond his or her control; (2) Child-only cases; (3) An individual unable to obtain employment because of the lack of support services necessary to overcome barriers to employment; (4) A parent or caregiver over sixty (60) years of age; (5) A parent or caregiver who is caring for a disabled child relative or disabled adult relative, based upon criteria set forth in Department of Human Services rules; (6) A disabled parent or caregiver, based upon criteria set forth in Department of Human Services rules; (7) A parent less than eighteen (18) years of age who resides in the home of a parent or in an approved adult-supervised setting and who participates in full-time education or training; (8) An individual, who as determined by a Department of Human Services case manager, is unable to obtain employment due directly to the effects of domestic violence. All case manager determinations made under this subdivision (c)(8) shall be reviewed by a supervisor within five (5) days of the determination; (9) Other individuals as determined by the Department of Human Services, including, but not limited to, a child when necessary to protect the child from the risk of neglect, as defined by § 12-18-103(14) ; and (10) Individuals participating in education and training activities who have reached the end of their twelve-month cumulative limit on financial assistance, have complied with all transitional employment assistance rules, are making satisfactory academic progress as determined by the academic institution or training program in which the individual is currently enrolled, and are expected to complete the requirements for the education or training program within a reasonable period of time as defined in rules issued by the Department of Human Services.

(1) An individual, as determined by a Department of Human Services case manager, who cooperated and participated in activities, but was unable to obtain employment because of circumstances or barriers beyond his or her control;

(2) Child-only cases;

(3) An individual unable to obtain employment because of the lack of support services necessary to overcome barriers to employment;

(4) A parent or caregiver over sixty (60) years of age;

(5) A parent or caregiver who is caring for a disabled child relative or disabled adult relative, based upon criteria set forth in Department of Human Services rules;

(6) A disabled parent or caregiver, based upon criteria set forth in Department of Human Services rules;

(7) A parent less than eighteen (18) years of age who resides in the home of a parent or in an approved adult-supervised setting and who participates in full-time education or training;

(8) An individual, who as determined by a Department of Human Services case manager, is unable to obtain employment due directly to the effects of domestic violence. All case manager determinations made under this subdivision (c)(8) shall be reviewed by a supervisor within five (5) days of the determination;

(9) Other individuals as determined by the Department of Human Services, including, but not limited to, a child when necessary to protect the child from the risk of neglect, as defined by § 12-18-103(14) ; and

(10) Individuals participating in education and training activities who have reached the end of their twelve-month cumulative limit on financial assistance, have complied with all transitional employment assistance rules, are making satisfactory academic progress as determined by the academic institution or training program in which the individual is currently enrolled, and are expected to complete the requirements for the education or training program within a reasonable period of time as defined in rules issued by the Department of Human Services.

(d) (1) No months shall be counted toward a person's twelve-month cumulative limit on financial assistance while he or she is receiving a deferral or exemption. (2) There shall be no limit on the length or the number of deferrals or exemptions granted each person as long as the person meets any of the criteria outlined in subsection (c) of this section. (3) The Department of Human Services shall periodically review each case to determine whether the person still meets any of the criteria outlined in subsection (c) of this section. (4) (A) The Department of Human Services shall carry out an enhanced review of all cases six (6) months before the expiration of the time limit. (B) The review shall assess the barriers that remain to the adult or adults in the case obtaining employment, what enhanced services can be provided to enable him or her to obtain employment, and whether the case should be given a six-month extension or be exempted from the time limit. (C) The Department of Human Services shall make every reasonable effort to deliver the available services identified in subdivision (d)(4)(B) of this section. (D) The Department of Human Services shall grant an extension at the time for review if the client meets one (1) of the grounds for extension. (E) The Department of Human Services shall carry out a further review at the end of the extension period.

(1) No months shall be counted toward a person's twelve-month cumulative limit on financial assistance while he or she is receiving a deferral or exemption.

(2) There shall be no limit on the length or the number of deferrals or exemptions granted each person as long as the person meets any of the criteria outlined in subsection (c) of this section.

(3) The Department of Human Services shall periodically review each case to determine whether the person still meets any of the criteria outlined in subsection (c) of this section.

(4) (A) The Department of Human Services shall carry out an enhanced review of all cases six (6) months before the expiration of the time limit. (B) The review shall assess the barriers that remain to the adult or adults in the case obtaining employment, what enhanced services can be provided to enable him or her to obtain employment, and whether the case should be given a six-month extension or be exempted from the time limit. (C) The Department of Human Services shall make every reasonable effort to deliver the available services identified in subdivision (d)(4)(B) of this section. (D) The Department of Human Services shall grant an extension at the time for review if the client meets one (1) of the grounds for extension. (E) The Department of Human Services shall carry out a further review at the end of the extension period.

(A) The Department of Human Services shall carry out an enhanced review of all cases six (6) months before the expiration of the time limit.

(B) The review shall assess the barriers that remain to the adult or adults in the case obtaining employment, what enhanced services can be provided to enable him or her to obtain employment, and whether the case should be given a six-month extension or be exempted from the time limit.

(C) The Department of Human Services shall make every reasonable effort to deliver the available services identified in subdivision (d)(4)(B) of this section.

(D) The Department of Human Services shall grant an extension at the time for review if the client meets one (1) of the grounds for extension.

(E) The Department of Human Services shall carry out a further review at the end of the extension period.

(e) (1) A recipient who was eligible for Medicaid and loses his or her financial assistance due to earnings and whose income remains below one hundred eighty-five percent (185%) of the federal poverty level shall remain eligible for transitional Medicaid without reapplication during the immediately succeeding twelve-month period if private medical insurance is unavailable from the employer. (2) A recipient who loses his or her financial assistance due to earnings and who is employed shall be eligible for: (A) Childcare assistance at no cost and without reapplication for a cumulative period of twelve (12) months; and (B) Twenty-four (24) additional months of childcare assistance provided on a sliding fee scale or other cost-sharing arrangement as determined by the Department of Human Services. (3) The Department of Human Services may reduce the period of transitional child care to a total of twenty-four (24) months for recipients who lose assistance at a specified date after the Department of Human Services' decision to limit the assistance if the Department of Human Services certifies to the Governor and the Chief Fiscal Officer of the State that the reduction is necessary to avoid overspending the biennial budget for child care. (4) The transitional childcare assistance available to former recipients shall not exceed the cumulative number of months provided under subdivisions (e)(2) and (3) of this section, regardless of whether the former recipient reenters the Transitional Employment Assistance Program.

(1) A recipient who was eligible for Medicaid and loses his or her financial assistance due to earnings and whose income remains below one hundred eighty-five percent (185%) of the federal poverty level shall remain eligible for transitional Medicaid without reapplication during the immediately succeeding twelve-month period if private medical insurance is unavailable from the employer.

(2) A recipient who loses his or her financial assistance due to earnings and who is employed shall be eligible for: (A) Childcare assistance at no cost and without reapplication for a cumulative period of twelve (12) months; and (B) Twenty-four (24) additional months of childcare assistance provided on a sliding fee scale or other cost-sharing arrangement as determined by the Department of Human Services.

(A) Childcare assistance at no cost and without reapplication for a cumulative period of twelve (12) months; and

(B) Twenty-four (24) additional months of childcare assistance provided on a sliding fee scale or other cost-sharing arrangement as determined by the Department of Human Services.

(3) The Department of Human Services may reduce the period of transitional child care to a total of twenty-four (24) months for recipients who lose assistance at a specified date after the Department of Human Services' decision to limit the assistance if the Department of Human Services certifies to the Governor and the Chief Fiscal Officer of the State that the reduction is necessary to avoid overspending the biennial budget for child care.

(4) The transitional childcare assistance available to former recipients shall not exceed the cumulative number of months provided under subdivisions (e)(2) and (3) of this section, regardless of whether the former recipient reenters the Transitional Employment Assistance Program.

(f) (1) The Department of Human Services shall deny Medicaid, childcare, and transportation assistance during the twelve-month period for any month in which the recipient's family does not include a dependent child. (2) The Department of Human Services shall notify the recipient of transitional Medicaid, childcare, and transportation assistance when the recipient is notified of the termination of cash assistance. The notice shall include a description of the circumstances in which the transitional Medicaid and childcare assistance may be terminated.

(1) The Department of Human Services shall deny Medicaid, childcare, and transportation assistance during the twelve-month period for any month in which the recipient's family does not include a dependent child.

(2) The Department of Human Services shall notify the recipient of transitional Medicaid, childcare, and transportation assistance when the recipient is notified of the termination of cash assistance. The notice shall include a description of the circumstances in which the transitional Medicaid and childcare assistance may be terminated.

(g) (1) In order to assist current and former program recipients in continuing training and upgrading skills, transitional education or training may be provided to a recipient for up to one (1) year after the recipient is no longer eligible to participate in the program due to employment earnings. (2) Education or training resources available in the community at no additional cost to the Department of Human Services shall be used whenever possible. (3) Transitional education or training shall be employment-related and may include education or training to improve a recipient's job skills in the recipient's existing area of employment or may include education or training to prepare a recipient for employment in another occupation. (4) The Department of Human Services may enter into an agreement with an employer to share the costs relating to upgrading the skills of recipients hired by the employer.

(1) In order to assist current and former program recipients in continuing training and upgrading skills, transitional education or training may be provided to a recipient for up to one (1) year after the recipient is no longer eligible to participate in the program due to employment earnings.

(2) Education or training resources available in the community at no additional cost to the Department of Human Services shall be used whenever possible.

(3) Transitional education or training shall be employment-related and may include education or training to improve a recipient's job skills in the recipient's existing area of employment or may include education or training to prepare a recipient for employment in another occupation.

(4) The Department of Human Services may enter into an agreement with an employer to share the costs relating to upgrading the skills of recipients hired by the employer.

(h) Other extended support services may be available to recipients no longer eligible for financial assistance under transitional employment assistance.

(i) (1) By August 1, 2001, the Department of Human Services shall develop a plan, subject to review and recommendation by the Arkansas Workforce Development Board, to monitor and protect the safety and well-being of the children within a family whose temporary assistance is terminated for any reason other than the family's successful transition to economic self-sufficiency. (2) (A) Actions required by the plan shall include at least one (1) home visit with the parents and children. (B) Every reasonable effort shall be made to make contact with all families, including visits during evenings and on weekends. (C) The first home visit shall occur within six (6) months after the termination of cash assistance. (D) The purposes of the home visits shall include checking on the well-being of children in those families and determining whether the families need available services. (3) The Department of Human Services may contract with other state agencies, private companies, local government agencies, or community organizations for the conducting of these visits. (4) The board shall submit a report to the Governor and the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor that reports on the outcomes of the home visits and provides separate information for families who left transitional assistance due to noncompliance and time limits.

(1) By August 1, 2001, the Department of Human Services shall develop a plan, subject to review and recommendation by the Arkansas Workforce Development Board, to monitor and protect the safety and well-being of the children within a family whose temporary assistance is terminated for any reason other than the family's successful transition to economic self-sufficiency.

(2) (A) Actions required by the plan shall include at least one (1) home visit with the parents and children. (B) Every reasonable effort shall be made to make contact with all families, including visits during evenings and on weekends. (C) The first home visit shall occur within six (6) months after the termination of cash assistance. (D) The purposes of the home visits shall include checking on the well-being of children in those families and determining whether the families need available services.

(A) Actions required by the plan shall include at least one (1) home visit with the parents and children.

(B) Every reasonable effort shall be made to make contact with all families, including visits during evenings and on weekends.

(C) The first home visit shall occur within six (6) months after the termination of cash assistance.

(D) The purposes of the home visits shall include checking on the well-being of children in those families and determining whether the families need available services.

(3) The Department of Human Services may contract with other state agencies, private companies, local government agencies, or community organizations for the conducting of these visits.

(4) The board shall submit a report to the Governor and the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor that reports on the outcomes of the home visits and provides separate information for families who left transitional assistance due to noncompliance and time limits.

(j) As part of the home visits, families shall be informed about the availability of Medicaid and the ARKids First Program, food stamps, child care, housing assistance, any other supportive services offered by the Department of Human Services or the Department of Health designed to help meet the basic needs and well-being of children, federal and state earned income tax credits, individual development accounts, employment counseling services, and education and training opportunities designed to increase the future earnings and employment prospects of clients.

Amended by Act 2023, No. 832,§ 11, eff. 7/1/2023.

Amended by Act 2023, No. 266,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2248, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2247, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2246, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 525, eff. 7/1/2019.

Amended by Act 2015, No. 1115,§ 27, eff. 7/22/2015.

Acts 1953, No. 231, § 7; A.S.A. 1947, § 83-129.1; Acts 1997, No. 1058, § 11; 1999, No. 1567, § 13; 2001, No. 1264, §§ 7, 8; 2007, No. 514, §§ 11, 12, 13; 2009, No. 758, § 27.
Ark. Code Ann. § 20-15-1004 — AR Code / Title 20 / Chapter 15 / Subchapter 10 / Section 20-15-1004
Accreditation of facilities required - Penalty
Status: in_force

(a) (1) The Secretary of the Department of Health shall establish quality standards for accreditation of facilities wherein mammography may be conducted in accordance with the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ). (2) The standards applicable to the physician who interprets mammograms shall not be more stringent than those standards listed in the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ). (b) (1) Such facilities shall be accredited by the Department of Health every three (3) years. (2) No mammography shall be performed in an unaccredited facility after January 1, 1990. (c) For facilities accredited by the department, documents of accreditation shall be nontransferable and shall expire three (3) years after being issued or at a time specified by the department. (d) The owners of any unaccredited facility wherein mammography is performed after January 1, 1990, shall be subject to a civil penalty imposed by the department in an amount not to exceed one hundred dollars ($100) for each day the facility operates without accreditation by the department. Amended by Act 2019, No. 910,§ 5005, eff. 7/1/2019. Acts 1989, No. 292, § 6; 1995, No. 508, § 4.

(a) (1) The Secretary of the Department of Health shall establish quality standards for accreditation of facilities wherein mammography may be conducted in accordance with the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ). (2) The standards applicable to the physician who interprets mammograms shall not be more stringent than those standards listed in the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ).

(1) The Secretary of the Department of Health shall establish quality standards for accreditation of facilities wherein mammography may be conducted in accordance with the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ).

(2) The standards applicable to the physician who interprets mammograms shall not be more stringent than those standards listed in the Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ).

(b) (1) Such facilities shall be accredited by the Department of Health every three (3) years. (2) No mammography shall be performed in an unaccredited facility after January 1, 1990.

(1) Such facilities shall be accredited by the Department of Health every three (3) years.

(2) No mammography shall be performed in an unaccredited facility after January 1, 1990.

(c) For facilities accredited by the department, documents of accreditation shall be nontransferable and shall expire three (3) years after being issued or at a time specified by the department.

(d) The owners of any unaccredited facility wherein mammography is performed after January 1, 1990, shall be subject to a civil penalty imposed by the department in an amount not to exceed one hundred dollars ($100) for each day the facility operates without accreditation by the department.

Amended by Act 2019, No. 910,§ 5005, eff. 7/1/2019.

Acts 1989, No. 292, § 6; 1995, No. 508, § 4.
Ark. Code Ann. § 20-9-1206 — AR Code / Title 20 / Chapter 9 / Subchapter 12 / Section 20-9-1206
Legislative intent - Privacy and confidentiality
Status: in_force

(a) It is the intent of the General Assembly that a patient's right of confidentiality shall not be violated in any manner under this subchapter. (b) Social Security numbers and any other information that could be used to identify an individual patient shall not be released under this subchapter. (c) Except for the annual report that shall be a public document available to any person upon request, any data and materials collected or compiled by a health facility or obtained by the Department of Health under this subchapter shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(1) and shall not be admissible in any legal proceeding. (d) Data collected and reported under this subchapter shall not be deemed to have established a standard of care for any purposes in a private civil litigation. Acts 2007, No. 845, § 1.

(a) It is the intent of the General Assembly that a patient's right of confidentiality shall not be violated in any manner under this subchapter.

(b) Social Security numbers and any other information that could be used to identify an individual patient shall not be released under this subchapter.

(c) Except for the annual report that shall be a public document available to any person upon request, any data and materials collected or compiled by a health facility or obtained by the Department of Health under this subchapter shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(1) and shall not be admissible in any legal proceeding.

(d) Data collected and reported under this subchapter shall not be deemed to have established a standard of care for any purposes in a private civil litigation.

Acts 2007, No. 845, § 1.
Ark. Code Ann. § 20-34-101 — AR Code / Title 20 / Chapter 34 / Section 20-34-101
Inspections - Reports - Costs
Status: in_force

(a) (1) A manufacturer of modular or factory-built structures, other than manufactured housing that is governed by the United States Department of Housing and Urban Development, certified to do business in the State of Arkansas may contract with an independent third-party compliance assurance or inspection agency that is listed with the International Accreditation Service, Inc., for the inspection of modular or factory-built buildings destined for delivery within the state for compliance with the Arkansas Fire Prevention Code and applicable state and municipal electrical, plumbing, and mechanical codes. (2) If a manufacturer of modular or factory-built buildings contracts with an independent third-party inspector to monitor compliance with the Arkansas Fire Prevention Code and applicable state and municipal electrical, plumbing, and mechanical codes relating to the construction of new buildings, no further inspection by state or local building officials may be required for that part of the structure built in the factory. (b) A copy of the third-party inspector's inspection report shall accompany the building to the construction site for review. (c) The cost of the independent third-party inspection shall be borne by the modular building manufacturer. Acts 2001, No. 1182, § 1; 2005, No. 885, § 1.

(a) (1) A manufacturer of modular or factory-built structures, other than manufactured housing that is governed by the United States Department of Housing and Urban Development, certified to do business in the State of Arkansas may contract with an independent third-party compliance assurance or inspection agency that is listed with the International Accreditation Service, Inc., for the inspection of modular or factory-built buildings destined for delivery within the state for compliance with the Arkansas Fire Prevention Code and applicable state and municipal electrical, plumbing, and mechanical codes. (2) If a manufacturer of modular or factory-built buildings contracts with an independent third-party inspector to monitor compliance with the Arkansas Fire Prevention Code and applicable state and municipal electrical, plumbing, and mechanical codes relating to the construction of new buildings, no further inspection by state or local building officials may be required for that part of the structure built in the factory.

(1) A manufacturer of modular or factory-built structures, other than manufactured housing that is governed by the United States Department of Housing and Urban Development, certified to do business in the State of Arkansas may contract with an independent third-party compliance assurance or inspection agency that is listed with the International Accreditation Service, Inc., for the inspection of modular or factory-built buildings destined for delivery within the state for compliance with the Arkansas Fire Prevention Code and applicable state and municipal electrical, plumbing, and mechanical codes.

(2) If a manufacturer of modular or factory-built buildings contracts with an independent third-party inspector to monitor compliance with the Arkansas Fire Prevention Code and applicable state and municipal electrical, plumbing, and mechanical codes relating to the construction of new buildings, no further inspection by state or local building officials may be required for that part of the structure built in the factory.

(b) A copy of the third-party inspector's inspection report shall accompany the building to the construction site for review.

(c) The cost of the independent third-party inspection shall be borne by the modular building manufacturer.

Acts 2001, No. 1182, § 1; 2005, No. 885, § 1.
Ark. Code Ann. § 20-22-801 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-801
Legislative findings
Status: in_force

It is found and determined by the General Assembly that a system of certification and classification of fire departments should be established to encourage the improvement of the fire protection services in this state and to provide the people of this state with information about the level of service they are receiving. It is further found and determined that the public policy of this state should be to encourage individuals and organizations to provide fire protection services and that, to further this policy, workers' compensation coverage should be extended to volunteer firefighters of rural fire departments and that the civil liability of certified fire departments and their firefighters should be limited. Acts 1987, No. 837, § 1.

It is found and determined by the General Assembly that a system of certification and classification of fire departments should be established to encourage the improvement of the fire protection services in this state and to provide the people of this state with information about the level of service they are receiving. It is further found and determined that the public policy of this state should be to encourage individuals and organizations to provide fire protection services and that, to further this policy, workers' compensation coverage should be extended to volunteer firefighters of rural fire departments and that the civil liability of certified fire departments and their firefighters should be limited.

Acts 1987, No. 837, § 1.
Ark. Code Ann. § 20-77-2509 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2509
Reports required of Medicaid Inspector General - Definition
Status: in_force

(a) The Medicaid Inspector General shall, no later than October 1 of each year, submit to the Secretary of the Department of Inspector General, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, Arkansas Legislative Audit, the Legislative Council, and the Attorney General a report summarizing the activities of the Office of Medicaid Inspector General during the preceding calendar year. (b) The report required under subsection (a) of this section shall include without limitation: (1) The number, subject, and other relevant characteristics of: (A) Investigations initiated and completed, including without limitation outcome, region, source of complaint, and whether or not the investigation was conducted jointly with the Attorney General; (B) Audits initiated and completed, including without limitation outcome, region, the reason for the audit, the total state and federal dollar value identified for recovery, the actual state and federal recovery from the audits, and the amount repaid to the Centers for Medicare & Medicaid Services; (C) Administrative actions initiated and completed, including without limitation outcome, region, and type; (D) (i) Referrals for prosecution to the Attorney General and to federal or state law enforcement agencies and referrals to licensing authorities. (ii) Information reported under subdivision (b)(1)(D)(i) of this section shall include without limitation the status and region of an administrative action; (E) Civil actions initiated by the office related to improper payments, the resulting civil settlements entered, overpayments identified, and the total dollar value identified and collected; and (F) Administrative and education activities conducted to improve compliance with Medicaid program policies and requirements; and (2) (A) A narrative that evaluates the office's performance, describes specific problems with the procedures and agreements required under this section, discusses other matters that may have impaired the office's effectiveness, and summarizes the total savings to the state medical assistance program. (B) (i) In addition to total savings, the narrative shall detail net savings in state funds. (ii) As used in subdivision (b)(2)(B)(i) of this section, "net savings" means amounts recovered by the office less payments made to the Centers for Medicare & Medicaid Services and the costs of state administrative procedures. (c) The office may subpoena individuals, books, electronic and other records, and documents that are necessary for the completion of reports under this section. (d) (1) In making the report required under subsection (a) of this section, the Medicaid Inspector General shall not disclose information that jeopardizes an ongoing investigation or proceeding. (2) The Medicaid Inspector General may disclose information in the report required under subsection (a) of this section if the information does not jeopardize an ongoing investigation or proceeding and the Medicaid Inspector General fully apprises the designated recipients of the scope and quality of the office's activities. (e) Quarterly by April 1, July 1, October 1, and January 1 of each year, the Medicaid Inspector General shall submit to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, Arkansas Legislative Audit, the Legislative Council, and the Attorney General an accountability statement providing a statistical profile of the referrals made to the Medicaid Fraud Control Unit of the office of the Attorney General, audits, investigations, and recoveries. Amended by Act 2019, No. 910,§ 5264, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5263, eff. 7/1/2019. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

(a) The Medicaid Inspector General shall, no later than October 1 of each year, submit to the Secretary of the Department of Inspector General, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, Arkansas Legislative Audit, the Legislative Council, and the Attorney General a report summarizing the activities of the Office of Medicaid Inspector General during the preceding calendar year.

(b) The report required under subsection (a) of this section shall include without limitation: (1) The number, subject, and other relevant characteristics of: (A) Investigations initiated and completed, including without limitation outcome, region, source of complaint, and whether or not the investigation was conducted jointly with the Attorney General; (B) Audits initiated and completed, including without limitation outcome, region, the reason for the audit, the total state and federal dollar value identified for recovery, the actual state and federal recovery from the audits, and the amount repaid to the Centers for Medicare & Medicaid Services; (C) Administrative actions initiated and completed, including without limitation outcome, region, and type; (D) (i) Referrals for prosecution to the Attorney General and to federal or state law enforcement agencies and referrals to licensing authorities. (ii) Information reported under subdivision (b)(1)(D)(i) of this section shall include without limitation the status and region of an administrative action; (E) Civil actions initiated by the office related to improper payments, the resulting civil settlements entered, overpayments identified, and the total dollar value identified and collected; and (F) Administrative and education activities conducted to improve compliance with Medicaid program policies and requirements; and (2) (A) A narrative that evaluates the office's performance, describes specific problems with the procedures and agreements required under this section, discusses other matters that may have impaired the office's effectiveness, and summarizes the total savings to the state medical assistance program. (B) (i) In addition to total savings, the narrative shall detail net savings in state funds. (ii) As used in subdivision (b)(2)(B)(i) of this section, "net savings" means amounts recovered by the office less payments made to the Centers for Medicare & Medicaid Services and the costs of state administrative procedures.

(1) The number, subject, and other relevant characteristics of: (A) Investigations initiated and completed, including without limitation outcome, region, source of complaint, and whether or not the investigation was conducted jointly with the Attorney General; (B) Audits initiated and completed, including without limitation outcome, region, the reason for the audit, the total state and federal dollar value identified for recovery, the actual state and federal recovery from the audits, and the amount repaid to the Centers for Medicare & Medicaid Services; (C) Administrative actions initiated and completed, including without limitation outcome, region, and type; (D) (i) Referrals for prosecution to the Attorney General and to federal or state law enforcement agencies and referrals to licensing authorities. (ii) Information reported under subdivision (b)(1)(D)(i) of this section shall include without limitation the status and region of an administrative action; (E) Civil actions initiated by the office related to improper payments, the resulting civil settlements entered, overpayments identified, and the total dollar value identified and collected; and (F) Administrative and education activities conducted to improve compliance with Medicaid program policies and requirements; and

(A) Investigations initiated and completed, including without limitation outcome, region, source of complaint, and whether or not the investigation was conducted jointly with the Attorney General;

(B) Audits initiated and completed, including without limitation outcome, region, the reason for the audit, the total state and federal dollar value identified for recovery, the actual state and federal recovery from the audits, and the amount repaid to the Centers for Medicare & Medicaid Services;

(C) Administrative actions initiated and completed, including without limitation outcome, region, and type;

(D) (i) Referrals for prosecution to the Attorney General and to federal or state law enforcement agencies and referrals to licensing authorities. (ii) Information reported under subdivision (b)(1)(D)(i) of this section shall include without limitation the status and region of an administrative action;

(i) Referrals for prosecution to the Attorney General and to federal or state law enforcement agencies and referrals to licensing authorities.

(ii) Information reported under subdivision (b)(1)(D)(i) of this section shall include without limitation the status and region of an administrative action;

(E) Civil actions initiated by the office related to improper payments, the resulting civil settlements entered, overpayments identified, and the total dollar value identified and collected; and

(F) Administrative and education activities conducted to improve compliance with Medicaid program policies and requirements; and

(2) (A) A narrative that evaluates the office's performance, describes specific problems with the procedures and agreements required under this section, discusses other matters that may have impaired the office's effectiveness, and summarizes the total savings to the state medical assistance program. (B) (i) In addition to total savings, the narrative shall detail net savings in state funds. (ii) As used in subdivision (b)(2)(B)(i) of this section, "net savings" means amounts recovered by the office less payments made to the Centers for Medicare & Medicaid Services and the costs of state administrative procedures.

(A) A narrative that evaluates the office's performance, describes specific problems with the procedures and agreements required under this section, discusses other matters that may have impaired the office's effectiveness, and summarizes the total savings to the state medical assistance program.

(B) (i) In addition to total savings, the narrative shall detail net savings in state funds. (ii) As used in subdivision (b)(2)(B)(i) of this section, "net savings" means amounts recovered by the office less payments made to the Centers for Medicare & Medicaid Services and the costs of state administrative procedures.

(i) In addition to total savings, the narrative shall detail net savings in state funds.

(ii) As used in subdivision (b)(2)(B)(i) of this section, "net savings" means amounts recovered by the office less payments made to the Centers for Medicare & Medicaid Services and the costs of state administrative procedures.

(c) The office may subpoena individuals, books, electronic and other records, and documents that are necessary for the completion of reports under this section.

(d) (1) In making the report required under subsection (a) of this section, the Medicaid Inspector General shall not disclose information that jeopardizes an ongoing investigation or proceeding. (2) The Medicaid Inspector General may disclose information in the report required under subsection (a) of this section if the information does not jeopardize an ongoing investigation or proceeding and the Medicaid Inspector General fully apprises the designated recipients of the scope and quality of the office's activities.

(1) In making the report required under subsection (a) of this section, the Medicaid Inspector General shall not disclose information that jeopardizes an ongoing investigation or proceeding.

(2) The Medicaid Inspector General may disclose information in the report required under subsection (a) of this section if the information does not jeopardize an ongoing investigation or proceeding and the Medicaid Inspector General fully apprises the designated recipients of the scope and quality of the office's activities.

(e) Quarterly by April 1, July 1, October 1, and January 1 of each year, the Medicaid Inspector General shall submit to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, Arkansas Legislative Audit, the Legislative Council, and the Attorney General an accountability statement providing a statistical profile of the referrals made to the Medicaid Fraud Control Unit of the office of the Attorney General, audits, investigations, and recoveries.

Amended by Act 2019, No. 910,§ 5264, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5263, eff. 7/1/2019.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-80-201 — AR Code / Title 20 / Chapter 80 / Subchapter 2 / Section 20-80-201
Title
Status: in_force

This subchapter may be cited as the "Older Worker Community Service Employment Act". Acts 1985, No. 1031, § 1; A.S.A. 1947, § 81-1507.

This subchapter may be cited as the "Older Worker Community Service Employment Act".

Acts 1985, No. 1031, § 1; A.S.A. 1947, § 81-1507.
Ark. Code Ann. § 20-16-502 — AR Code / Title 20 / Chapter 16 / Subchapter 5 / Section 20-16-502
Notification - Contents
Status: in_force

(a) Notification shall contain the total number of tests performed by type, number of negative specimens, and number of positive or doubtful specimens. (b) Notification of positive or doubtful test results shall contain the name, age, sex, and address of the person from whom the specimen was obtained and the name and address of the physician for whom the examination or test was performed. (c) Notification also shall contain the name of the test performed, the date the test was performed, and the result of the test performed. (d) Notification shall be submitted in writing and in such form and manner as prescribed by rules of the Infectious Disease Branch of the Department of Health. Amended by Act 2019, No. 315,§ 1949, eff. 7/24/2019. Acts 1973, No. 60, § 2; A.S.A. 1947, § 82-633.

(a) Notification shall contain the total number of tests performed by type, number of negative specimens, and number of positive or doubtful specimens.

(b) Notification of positive or doubtful test results shall contain the name, age, sex, and address of the person from whom the specimen was obtained and the name and address of the physician for whom the examination or test was performed.

(c) Notification also shall contain the name of the test performed, the date the test was performed, and the result of the test performed.

(d) Notification shall be submitted in writing and in such form and manner as prescribed by rules of the Infectious Disease Branch of the Department of Health.

Amended by Act 2019, No. 315,§ 1949, eff. 7/24/2019.

Acts 1973, No. 60, § 2; A.S.A. 1947, § 82-633.
Ark. Code Ann. § 20-57-206 — AR Code / Title 20 / Chapter 57 / Subchapter 2 / Section 20-57-206
Duplicate fees not required
Status: in_force

A food service establishment which holds a current food service permit issued by the Division of Environmental Health Protection of the Department of Health under the provisions of §§ 20-57-102 and 20-57-201 , 20-57-202 [repealed], 20-57-203 - 20-57-205 shall not be required to pay a fee or obtain a permit under the provisions of §§ 20-59-206 - 20-59-211 . Acts 1979, No. 58, § 1; A.S.A. 1947, § 82-998.

A food service establishment which holds a current food service permit issued by the Division of Environmental Health Protection of the Department of Health under the provisions of §§ 20-57-102 and 20-57-201 , 20-57-202 [repealed], 20-57-203 - 20-57-205 shall not be required to pay a fee or obtain a permit under the provisions of §§ 20-59-206 - 20-59-211 .

Acts 1979, No. 58, § 1; A.S.A. 1947, § 82-998.
Ark. Code Ann. § 20-10-2105 — AR Code / Title 20 / Chapter 10 / Subchapter 21 / Section 20-10-2105
Consultations - Timing - Content - Reporting
Status: in_force

(a) An options counseling for long-term care consultation required under this subchapter may be provided at any time, including either before or after the individual who is the subject of a long-term care consultation has been admitted to a long-term care facility. (b) The information provided through a long-term care consultation under this subchapter shall address all of the following: (1) The availability of long-term care options that are open to the individual; (2) Sources and methods of both public and private payment for long-term care services; (3) Factors to consider when choosing among the available programs, services, and benefits; and (4) Opportunities and methods for maximizing the independence and self-reliance of the individual, including support services provided by the individual's family, friends, and community. (c) An individual's long-term care consultation may include an assessment of the individual's functional capabilities and may be provided concurrently with any assessment required by the Department of Human Services. (d) (1) At the conclusion of an individual's long-term care consultation, the department shall provide the individual or the individual's representative with a summary of options and resources available to meet the individual's needs. (2) Even though the summary may specify that a source of long-term care other than care in a long-term care facility is appropriate and available, the individual is not required to seek an alternative source of long-term care and may be admitted to or continue to reside in a long-term care facility. Acts 2007, No. 516, § 1.

(a) An options counseling for long-term care consultation required under this subchapter may be provided at any time, including either before or after the individual who is the subject of a long-term care consultation has been admitted to a long-term care facility.

(b) The information provided through a long-term care consultation under this subchapter shall address all of the following: (1) The availability of long-term care options that are open to the individual; (2) Sources and methods of both public and private payment for long-term care services; (3) Factors to consider when choosing among the available programs, services, and benefits; and (4) Opportunities and methods for maximizing the independence and self-reliance of the individual, including support services provided by the individual's family, friends, and community.

(1) The availability of long-term care options that are open to the individual;

(2) Sources and methods of both public and private payment for long-term care services;

(3) Factors to consider when choosing among the available programs, services, and benefits; and

(4) Opportunities and methods for maximizing the independence and self-reliance of the individual, including support services provided by the individual's family, friends, and community.

(c) An individual's long-term care consultation may include an assessment of the individual's functional capabilities and may be provided concurrently with any assessment required by the Department of Human Services.

(d) (1) At the conclusion of an individual's long-term care consultation, the department shall provide the individual or the individual's representative with a summary of options and resources available to meet the individual's needs. (2) Even though the summary may specify that a source of long-term care other than care in a long-term care facility is appropriate and available, the individual is not required to seek an alternative source of long-term care and may be admitted to or continue to reside in a long-term care facility.

(1) At the conclusion of an individual's long-term care consultation, the department shall provide the individual or the individual's representative with a summary of options and resources available to meet the individual's needs.

(2) Even though the summary may specify that a source of long-term care other than care in a long-term care facility is appropriate and available, the individual is not required to seek an alternative source of long-term care and may be admitted to or continue to reside in a long-term care facility.

Acts 2007, No. 516, § 1.
Ark. Code Ann. § 20-59-306 — AR Code / Title 20 / Chapter 59 / Subchapter 3 / Section 20-59-306
Original containers and labeling required
Status: in_force

(a) Mellorine shall be sold in or served from original, sealed, factory-filled containers. (b) The container shall be labeled "MELLORINE", with the lettering of the word "mellorine" to be at least three-eighths inch (3/8") in size and in every case shall appear in as large type size and as prominent as any other wording on the container except the brand name. (c) Use of the word "cream" or its phonetic equivalent, however spelled, in connection with the labeling, advertising, branding, or sale of mellorine is prohibited, as is the use of the name of any product defined under § 20-59-201(4)(A) -(I), except in the name identifying the manufacturer. (d) The packaging, labeling, sale, offering for sale, serving, or dispensing of mellorine in violation of subsections (a)-(c) of this section is prohibited. Acts 1953, No. 416, §§ 3, 6; 1977, No. 92, § 1; 1979, No. 521, § 2; A.S.A. 1947, §§ 82-918.2, 82-918.5.

(a) Mellorine shall be sold in or served from original, sealed, factory-filled containers.

(b) The container shall be labeled "MELLORINE", with the lettering of the word "mellorine" to be at least three-eighths inch (3/8") in size and in every case shall appear in as large type size and as prominent as any other wording on the container except the brand name.

(c) Use of the word "cream" or its phonetic equivalent, however spelled, in connection with the labeling, advertising, branding, or sale of mellorine is prohibited, as is the use of the name of any product defined under § 20-59-201(4)(A) -(I), except in the name identifying the manufacturer.

(d) The packaging, labeling, sale, offering for sale, serving, or dispensing of mellorine in violation of subsections (a)-(c) of this section is prohibited.

Acts 1953, No. 416, §§ 3, 6; 1977, No. 92, § 1; 1979, No. 521, § 2; A.S.A. 1947, §§ 82-918.2, 82-918.5.
Ark. Code Ann. § 20-16-2103 — AR Code / Title 20 / Chapter 16 / Subchapter 21 / Section 20-16-2103
Prohibition - Down Syndrome
Status: in_force

(a) A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of: (1) A test result indicating Down Syndrome in an unborn child; (2) A prenatal diagnosis of Down Syndrome in an unborn child; or (3) Any other reason to believe that an unborn child has Down Syndrome. (b) (1) Before performing an abortion, the physician performing the abortion shall ask the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome. (2) If the pregnant woman knows of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome, the physician who is performing the abortion shall: (A) Inform the pregnant woman of the prohibition of abortion contained in subsection (a) of this section; and (B) Request the medical records of the pregnant woman relevant to determining whether she has previously aborted an unborn child or children after she became aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have had Down Syndrome. (3) When the physician performing the abortion is required to request the medical records of the pregnant women under subdivision (b)(2)(B) of this section, the physician shall not perform an abortion until the physician spends at least fourteen (14) days to obtain the medical records described in subdivision (b)(2)(B) of this section. (c) If this section is held invalid as applied to the period of pregnancy prior to viability, then this section shall remain applicable to the period of pregnancy subsequent to viability. (d) This section does not apply to an abortion performed on a pregnant woman if the pregnancy is the result of rape or incest. Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.

(a) A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of: (1) A test result indicating Down Syndrome in an unborn child; (2) A prenatal diagnosis of Down Syndrome in an unborn child; or (3) Any other reason to believe that an unborn child has Down Syndrome.

(1) A test result indicating Down Syndrome in an unborn child;

(2) A prenatal diagnosis of Down Syndrome in an unborn child; or

(3) Any other reason to believe that an unborn child has Down Syndrome.

(b) (1) Before performing an abortion, the physician performing the abortion shall ask the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome. (2) If the pregnant woman knows of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome, the physician who is performing the abortion shall: (A) Inform the pregnant woman of the prohibition of abortion contained in subsection (a) of this section; and (B) Request the medical records of the pregnant woman relevant to determining whether she has previously aborted an unborn child or children after she became aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have had Down Syndrome. (3) When the physician performing the abortion is required to request the medical records of the pregnant women under subdivision (b)(2)(B) of this section, the physician shall not perform an abortion until the physician spends at least fourteen (14) days to obtain the medical records described in subdivision (b)(2)(B) of this section.

(1) Before performing an abortion, the physician performing the abortion shall ask the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome.

(2) If the pregnant woman knows of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome, the physician who is performing the abortion shall: (A) Inform the pregnant woman of the prohibition of abortion contained in subsection (a) of this section; and (B) Request the medical records of the pregnant woman relevant to determining whether she has previously aborted an unborn child or children after she became aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have had Down Syndrome.

(A) Inform the pregnant woman of the prohibition of abortion contained in subsection (a) of this section; and

(B) Request the medical records of the pregnant woman relevant to determining whether she has previously aborted an unborn child or children after she became aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have had Down Syndrome.

(3) When the physician performing the abortion is required to request the medical records of the pregnant women under subdivision (b)(2)(B) of this section, the physician shall not perform an abortion until the physician spends at least fourteen (14) days to obtain the medical records described in subdivision (b)(2)(B) of this section.

(c) If this section is held invalid as applied to the period of pregnancy prior to viability, then this section shall remain applicable to the period of pregnancy subsequent to viability.

(d) This section does not apply to an abortion performed on a pregnant woman if the pregnancy is the result of rape or incest.

Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-7-117 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-117
Hospices - Definition - State Hospice Office - Creation
Status: in_force

(a) There is created within the Department of Health a State Hospice Office to be administered in a division of the department to be designated by the Secretary of the Department of Health. (b) (1) The office shall: (A) Coordinate the care of terminally ill persons with all existing agencies, programs, and facilities; (B) Implement rules, regulations, and standards for hospice care in general agreement with guidelines of the National Hospice and Palliative Care Organization and the Hospice and Palliative Care Association of Arkansas, Inc. and in compliance with the Centers for Medicare & Medicaid Services; (C) Provide technical assistance and information to developing hospices; (D) Maintain a central storehouse of information and reference materials relating to the hospice concept and disseminate this to programs and individuals on request in an equitable manner and accept and respond to inquiries relating to hospice; and (E) Assist the Arkansas State Hospice Association in developing the hospice concept in this state and networking hospice programs with existing medical communities and human service facilities. (2) All functions and duties of the office shall be carried out in accordance with the laws of Arkansas and the rules of the Health Services Permit Agency, the Health Services Permit Commission, and the Centers for Medicare & Medicaid Services. (c) (1) The rules and requirements of the Health Services Permit Agency and the commission shall be revised to include separate permit-of-approval categories of healthcare facilities entitled "hospice facilities" and "hospice agencies" and to develop criteria for granting the permits of approval for hospice facilities and for hospice agencies for which applications shall be filed in accordance with the criteria. (2) A hospice facility or hospice agency shall not convert its licensure to any other license. (d) As used in this section, "hospice" or "hospice program" means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and the patient's family, and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses which are experienced during the final stages of illness and during dying and bereavement. The care shall be available twenty-four (24) hours a day, seven (7) days a week, and provided on the basis of need, regardless of ability to pay. (e) The licensure fee for a hospice shall be an annual fee of five hundred dollars ($500). Amended by Act 2019, No. 315,§ 1808, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1807, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4930, eff. 7/1/2019. Acts 1983, No. 283, §§ 1-4; A.S.A. 1947, §§ 5-911.6 -- 5-911.9; Acts 1997, No. 396, §§ 1, 2; 1997, No. 574, § 3; 2001, No. 1800, §§ 4, 5; 2007, No. 827, § 146.

(a) There is created within the Department of Health a State Hospice Office to be administered in a division of the department to be designated by the Secretary of the Department of Health.

(b) (1) The office shall: (A) Coordinate the care of terminally ill persons with all existing agencies, programs, and facilities; (B) Implement rules, regulations, and standards for hospice care in general agreement with guidelines of the National Hospice and Palliative Care Organization and the Hospice and Palliative Care Association of Arkansas, Inc. and in compliance with the Centers for Medicare & Medicaid Services; (C) Provide technical assistance and information to developing hospices; (D) Maintain a central storehouse of information and reference materials relating to the hospice concept and disseminate this to programs and individuals on request in an equitable manner and accept and respond to inquiries relating to hospice; and (E) Assist the Arkansas State Hospice Association in developing the hospice concept in this state and networking hospice programs with existing medical communities and human service facilities. (2) All functions and duties of the office shall be carried out in accordance with the laws of Arkansas and the rules of the Health Services Permit Agency, the Health Services Permit Commission, and the Centers for Medicare & Medicaid Services.

(1) The office shall: (A) Coordinate the care of terminally ill persons with all existing agencies, programs, and facilities; (B) Implement rules, regulations, and standards for hospice care in general agreement with guidelines of the National Hospice and Palliative Care Organization and the Hospice and Palliative Care Association of Arkansas, Inc. and in compliance with the Centers for Medicare & Medicaid Services; (C) Provide technical assistance and information to developing hospices; (D) Maintain a central storehouse of information and reference materials relating to the hospice concept and disseminate this to programs and individuals on request in an equitable manner and accept and respond to inquiries relating to hospice; and (E) Assist the Arkansas State Hospice Association in developing the hospice concept in this state and networking hospice programs with existing medical communities and human service facilities.

(A) Coordinate the care of terminally ill persons with all existing agencies, programs, and facilities;

(B) Implement rules, regulations, and standards for hospice care in general agreement with guidelines of the National Hospice and Palliative Care Organization and the Hospice and Palliative Care Association of Arkansas, Inc. and in compliance with the Centers for Medicare & Medicaid Services;

(C) Provide technical assistance and information to developing hospices;

(D) Maintain a central storehouse of information and reference materials relating to the hospice concept and disseminate this to programs and individuals on request in an equitable manner and accept and respond to inquiries relating to hospice; and

(E) Assist the Arkansas State Hospice Association in developing the hospice concept in this state and networking hospice programs with existing medical communities and human service facilities.

(2) All functions and duties of the office shall be carried out in accordance with the laws of Arkansas and the rules of the Health Services Permit Agency, the Health Services Permit Commission, and the Centers for Medicare & Medicaid Services.

(c) (1) The rules and requirements of the Health Services Permit Agency and the commission shall be revised to include separate permit-of-approval categories of healthcare facilities entitled "hospice facilities" and "hospice agencies" and to develop criteria for granting the permits of approval for hospice facilities and for hospice agencies for which applications shall be filed in accordance with the criteria. (2) A hospice facility or hospice agency shall not convert its licensure to any other license.

(1) The rules and requirements of the Health Services Permit Agency and the commission shall be revised to include separate permit-of-approval categories of healthcare facilities entitled "hospice facilities" and "hospice agencies" and to develop criteria for granting the permits of approval for hospice facilities and for hospice agencies for which applications shall be filed in accordance with the criteria.

(2) A hospice facility or hospice agency shall not convert its licensure to any other license.

(d) As used in this section, "hospice" or "hospice program" means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and the patient's family, and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses which are experienced during the final stages of illness and during dying and bereavement. The care shall be available twenty-four (24) hours a day, seven (7) days a week, and provided on the basis of need, regardless of ability to pay.

(e) The licensure fee for a hospice shall be an annual fee of five hundred dollars ($500).

Amended by Act 2019, No. 315,§ 1808, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1807, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4930, eff. 7/1/2019.

Acts 1983, No. 283, §§ 1-4; A.S.A. 1947, §§ 5-911.6 -- 5-911.9; Acts 1997, No. 396, §§ 1, 2; 1997, No. 574, § 3; 2001, No. 1800, §§ 4, 5; 2007, No. 827, § 146.
Ark. Code Ann. § 20-17-205 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-205
Recording determination of terminal condition or permanent unconsciousness and declaration
Status: in_force

Upon determining that the declarant is in a terminal condition or permanently unconscious, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record. Acts 1987, No. 713, § 5; 1999, No. 1536, § 4.

Upon determining that the declarant is in a terminal condition or permanently unconscious, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record.

Acts 1987, No. 713, § 5; 1999, No. 1536, § 4.
Ark. Code Ann. § 20-59-206 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-206
Dairy plant license
Status: in_force

(a) A dairy products plant manufacturing, processing, or packaging any dairy products other than those listed in § 20-59-207 as frozen desserts shall be required to have a dairy plant license. (b) Every person buying or receiving milk, cream, or dairy products for manufacturing, processing, or packaging shall be required to procure from the Secretary of the Department of Health an annual dairy plant license for each location where milk, cream, or dairy products are received for the purpose of manufacturing, processing, or packaging. (c) License fees for plant licenses shall be as follows: (1) For a plant purchasing fluid milk, the fee shall be based on the pounds of fluid milk received the previous year: Up to and including 5,000,000 lbs. milk ..................................................................... $ 100.00 5,000,001 - 15,000,000 lbs. ...................................................................................... 200.00 15,000,001 - 25,000,000 lbs. ................................................................................... 400.00 25,000,001 - 40,000,000 lbs. ................................................................................... 600.00 40,000,001 - 60,000,000 lbs. ................................................................................... 800.00 60,000,001 lbs. and up ................................................................................................ 1,000.00 (2) For a plant receiving cream, the fee shall be based on pounds of butterfat received the previous fiscal year: Up to and including 200,000 lbs. butterfat ................................................................. $ 100.00 200,001 - 400,000 lbs. ............................................................................................. 200.00 400,001 - 600,000 lbs. ............................................................................................. 400.00 600,001 - 1,000,000 lbs. .......................................................................................... 600.00 1,000,001 lbs. and up .................................................................................................. 800.00 Amended by Act 2019, No. 910,§ 5055, eff. 7/1/2019. Acts 1941, No. 114, § 4; 1973, No. 98, § 2: A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1; 1991, No. 328, § 1.

(a) A dairy products plant manufacturing, processing, or packaging any dairy products other than those listed in § 20-59-207 as frozen desserts shall be required to have a dairy plant license.

(b) Every person buying or receiving milk, cream, or dairy products for manufacturing, processing, or packaging shall be required to procure from the Secretary of the Department of Health an annual dairy plant license for each location where milk, cream, or dairy products are received for the purpose of manufacturing, processing, or packaging.

(c) License fees for plant licenses shall be as follows: (1) For a plant purchasing fluid milk, the fee shall be based on the pounds of fluid milk received the previous year: Up to and including 5,000,000 lbs. milk ..................................................................... $ 100.00 5,000,001 - 15,000,000 lbs. ...................................................................................... 200.00 15,000,001 - 25,000,000 lbs. ................................................................................... 400.00 25,000,001 - 40,000,000 lbs. ................................................................................... 600.00 40,000,001 - 60,000,000 lbs. ................................................................................... 800.00 60,000,001 lbs. and up ................................................................................................ 1,000.00 (2) For a plant receiving cream, the fee shall be based on pounds of butterfat received the previous fiscal year: Up to and including 200,000 lbs. butterfat ................................................................. $ 100.00 200,001 - 400,000 lbs. ............................................................................................. 200.00 400,001 - 600,000 lbs. ............................................................................................. 400.00 600,001 - 1,000,000 lbs. .......................................................................................... 600.00 1,000,001 lbs. and up .................................................................................................. 800.00

(1) For a plant purchasing fluid milk, the fee shall be based on the pounds of fluid milk received the previous year: Up to and including 5,000,000 lbs. milk ..................................................................... $ 100.00 5,000,001 - 15,000,000 lbs. ...................................................................................... 200.00 15,000,001 - 25,000,000 lbs. ................................................................................... 400.00 25,000,001 - 40,000,000 lbs. ................................................................................... 600.00 40,000,001 - 60,000,000 lbs. ................................................................................... 800.00 60,000,001 lbs. and up ................................................................................................ 1,000.00

Up to and including 5,000,000 lbs. milk ..................................................................... $ 100.00 5,000,001 - 15,000,000 lbs. ...................................................................................... 200.00 15,000,001 - 25,000,000 lbs. ................................................................................... 400.00 25,000,001 - 40,000,000 lbs. ................................................................................... 600.00 40,000,001 - 60,000,000 lbs. ................................................................................... 800.00 60,000,001 lbs. and up ................................................................................................ 1,000.00

Up to and including 5,000,000 lbs. milk .....................................................................

$ 100.00

5,000,001 - 15,000,000 lbs. ......................................................................................

200.00

15,000,001 - 25,000,000 lbs. ...................................................................................

400.00

25,000,001 - 40,000,000 lbs. ...................................................................................

600.00

40,000,001 - 60,000,000 lbs. ...................................................................................

800.00

60,000,001 lbs. and up ................................................................................................

1,000.00

(2) For a plant receiving cream, the fee shall be based on pounds of butterfat received the previous fiscal year: Up to and including 200,000 lbs. butterfat ................................................................. $ 100.00 200,001 - 400,000 lbs. ............................................................................................. 200.00 400,001 - 600,000 lbs. ............................................................................................. 400.00 600,001 - 1,000,000 lbs. .......................................................................................... 600.00 1,000,001 lbs. and up .................................................................................................. 800.00

Up to and including 200,000 lbs. butterfat ................................................................. $ 100.00 200,001 - 400,000 lbs. ............................................................................................. 200.00 400,001 - 600,000 lbs. ............................................................................................. 400.00 600,001 - 1,000,000 lbs. .......................................................................................... 600.00 1,000,001 lbs. and up .................................................................................................. 800.00

Up to and including 200,000 lbs. butterfat .................................................................

$ 100.00

200,001 - 400,000 lbs. .............................................................................................

200.00

400,001 - 600,000 lbs. .............................................................................................

400.00

600,001 - 1,000,000 lbs. ..........................................................................................

600.00

1,000,001 lbs. and up ..................................................................................................

800.00

Amended by Act 2019, No. 910,§ 5055, eff. 7/1/2019.

Acts 1941, No. 114, § 4; 1973, No. 98, § 2: A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1; 1991, No. 328, § 1.
Ark. Code Ann. § 20-8-903 — AR Code / Title 20 / Chapter 8 / Subchapter 9 / Section 20-8-903
Primary prevention and risk avoidance programs
Status: in_force

(a) (1) If an education program concerning risk behavior is provided to a youth by or through a state agency or public school, the education program shall utilize a primary prevention and risk avoidance program. (2) Secondary prevention strategies that focus on risk reduction rather than risk avoidance may be used only after a primary prevention and risk avoidance strategy has been used. (b) (1) A state agency or public school may partner or contract with a person, firm, corporation, or other organization to provide a primary prevention and risk avoidance program or training under this subchapter. (2) In order to ensure consistency among primary prevention strategies across the state, a program partner or contracted provider shall receive training from a trainer that shall: (A) Have experience in providing primary prevention and risk avoidance programs; (B) Have a reference from one (1) or more school districts; (C) Have as its foundation programming based on: (i) Risk avoidance; (ii) Evidence-based information; or (iii) Evidence-informed information; and (D) Have at least five (5) years of experience in: (i) Training; (ii) Implementing programs in the classroom and the community; and (iii) Collaborating with one (1) or more school districts and one (1) or more communities. Added by Act 2019, No. 841,§ 2, eff. 7/24/2019.

(a) (1) If an education program concerning risk behavior is provided to a youth by or through a state agency or public school, the education program shall utilize a primary prevention and risk avoidance program. (2) Secondary prevention strategies that focus on risk reduction rather than risk avoidance may be used only after a primary prevention and risk avoidance strategy has been used.

(1) If an education program concerning risk behavior is provided to a youth by or through a state agency or public school, the education program shall utilize a primary prevention and risk avoidance program.

(2) Secondary prevention strategies that focus on risk reduction rather than risk avoidance may be used only after a primary prevention and risk avoidance strategy has been used.

(b) (1) A state agency or public school may partner or contract with a person, firm, corporation, or other organization to provide a primary prevention and risk avoidance program or training under this subchapter. (2) In order to ensure consistency among primary prevention strategies across the state, a program partner or contracted provider shall receive training from a trainer that shall: (A) Have experience in providing primary prevention and risk avoidance programs; (B) Have a reference from one (1) or more school districts; (C) Have as its foundation programming based on: (i) Risk avoidance; (ii) Evidence-based information; or (iii) Evidence-informed information; and (D) Have at least five (5) years of experience in: (i) Training; (ii) Implementing programs in the classroom and the community; and (iii) Collaborating with one (1) or more school districts and one (1) or more communities.

(1) A state agency or public school may partner or contract with a person, firm, corporation, or other organization to provide a primary prevention and risk avoidance program or training under this subchapter.

(2) In order to ensure consistency among primary prevention strategies across the state, a program partner or contracted provider shall receive training from a trainer that shall: (A) Have experience in providing primary prevention and risk avoidance programs; (B) Have a reference from one (1) or more school districts; (C) Have as its foundation programming based on: (i) Risk avoidance; (ii) Evidence-based information; or (iii) Evidence-informed information; and (D) Have at least five (5) years of experience in: (i) Training; (ii) Implementing programs in the classroom and the community; and (iii) Collaborating with one (1) or more school districts and one (1) or more communities.

(A) Have experience in providing primary prevention and risk avoidance programs;

(B) Have a reference from one (1) or more school districts;

(C) Have as its foundation programming based on: (i) Risk avoidance; (ii) Evidence-based information; or (iii) Evidence-informed information; and

(i) Risk avoidance;

(ii) Evidence-based information; or

(iii) Evidence-informed information; and

(D) Have at least five (5) years of experience in: (i) Training; (ii) Implementing programs in the classroom and the community; and (iii) Collaborating with one (1) or more school districts and one (1) or more communities.

(i) Training;

(ii) Implementing programs in the classroom and the community; and

(iii) Collaborating with one (1) or more school districts and one (1) or more communities.

Added by Act 2019, No. 841,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-26-401 — AR Code / Title 20 / Chapter 26 / Subchapter 4 / Section 20-26-401
Bed linens
Status: in_force

(a) It shall be the duty of every hotel or innkeeper in this state to furnish clean and fresh bed linens, unused by any other person or guest since the last laundering of the bed linens, on all beds assigned to the use of any guest or patron of the inn, or hotel, and any proprietor, lessee, manager, or agent of any inn, or hotel, or clerk in it, who shall fail or refuse to comply with the foregoing provisions and requirements shall be guilty of a misdemeanor. (b) The proprietor, lessee, manager, agent, or clerk in charge of the operation or conduct of the inn or hotel, whenever any violations of the provisions of this section shall occur, shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or be imprisoned for a term not exceeding ten (10) days, or be punished by both fine and imprisonment. Acts 1913, No. 242, § 1; C. & M. Dig., § 5559; Pope's Dig., § 7198; A.S.A. 1947, § 71-1114.

(a) It shall be the duty of every hotel or innkeeper in this state to furnish clean and fresh bed linens, unused by any other person or guest since the last laundering of the bed linens, on all beds assigned to the use of any guest or patron of the inn, or hotel, and any proprietor, lessee, manager, or agent of any inn, or hotel, or clerk in it, who shall fail or refuse to comply with the foregoing provisions and requirements shall be guilty of a misdemeanor.

(b) The proprietor, lessee, manager, agent, or clerk in charge of the operation or conduct of the inn or hotel, whenever any violations of the provisions of this section shall occur, shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or be imprisoned for a term not exceeding ten (10) days, or be punished by both fine and imprisonment.

Acts 1913, No. 242, § 1; C. & M. Dig., § 5559; Pope's Dig., § 7198; A.S.A. 1947, § 71-1114.