Ark. Code Ann. § 20-16-1903 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1903
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Incompetent" means an individual who has been adjudicated as an individual with a disability and has had a guardian appointed for her; (3) "Minor" means an individual under eighteen (18) years of age; (4) "Physician" means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy; (5) "Sex-selection abortion" means an abortion performed solely on the basis of the sex of the unborn child; (6) "Unborn child" means the offspring of human beings from conception until birth; and (7) "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support. Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

As used in this subchapter:

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

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

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

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

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

(iii) Remove an ectopic pregnancy;

(2) "Incompetent" means an individual who has been adjudicated as an individual with a disability and has had a guardian appointed for her;

(3) "Minor" means an individual under eighteen (18) years of age;

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

(5) "Sex-selection abortion" means an abortion performed solely on the basis of the sex of the unborn child;

(6) "Unborn child" means the offspring of human beings from conception until birth; and

(7) "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support.

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-17-1223 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1223
Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner or the state medical examiner
Status: in_force

(a) Upon request of a procurement organization, a coroner or the state medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner or the state medical examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner or the state medical examiner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner or the state medical examiner only if relevant to transplantation or therapy. (b) The coroner or the state medical examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner or the state medical examiner which the coroner or the state medical examiner determines may be relevant to the investigation. (c) A person that has any information requested by a coroner or the state medical examiner pursuant to subsection (b) shall provide that information as expeditiously as possible to allow the coroner or the state medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education. (d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner or after a post-mortem examination the coroner determines that no autopsy is required, or, if the decedent has been referred to the state medical examiner for post-mortem examination under § 12-12-318 and the state medical examiner determines that an autopsy is required, after consultation with the prosecuting attorney and the coroner, and it is determined that the recovery of the parts that are the subject of an anatomical gift will not interfere with the autopsy, the coroner, state medical examiner, and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education. (e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner or the state medical examiner has been or might be made, and after consultation with the coroner and prosecuting attorney, the state medical examiner believes the recovery of the part could interfere with determination of the decedent's cause and manner of death, the state medical examiner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. The procurement organization shall provide the state medical examiner with all information that the procurement organization has that could relate to the cause or manner of the decedent's death. After consultation with the prosecuting attorney and coroner, the state medical examiner may allow the recovery. (f) The coroner, prosecuting attorney, medical examiner, and a procurement organization shall enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift of a part from a decedent whose body is under the jurisdiction of the coroner or medical examiner has been or might be made but the coroner or medical examiner believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death. Decisions regarding the recovery of the part from the decedent shall be made in accordance with the agreement. The coroner, prosecuting attorney, medical examiner, and the procurement organization shall evaluate the effectiveness of the agreement at regular intervals but no less frequently than every two years. (g) In the absence of an agreement establishing protocols and procedures governing the relations between the state medical examiner and a procurement organization, if the state medical examiner intends to deny recovery of an organ for transplantation or therapy, the state medical examiner or designee, at the request of the procurement organization, shall attend the removal procedure for the organ before making a final determination not to allow the procurement organization to recover the organ. During the removal procedure, the state medical examiner or designee may allow recovery by the procurement organization to proceed, or, if the state medical examiner or designee believes that the organ may be involved in determining the decedent's cause or manner of death, deny recovery by the procurement organization. (h) If the procurement organization seeks to recover only an eye or tissue or both, the medical examiner or designee shall not be required to attend a removal procedure as provided in subsection (g). (i) If the state medical examiner or designee denies recovery under subsection (g), the individual denying recovery shall: (1) explain in a record the specific reasons for not allowing recovery of the part; (2) include the specific reasons in the records of the state medical examiner; and (3) provide a record with the specific reasons to the procurement organization. (j) If the coroner or the state medical examiner or designee allows recovery of a part, the procurement organization will cooperate with the coroner and medical examiner in any documentation of injuries and the preservation and collection of evidence prior to and during the recovery of the part; and, upon request, shall cause the physician or technician who removes the part to provide the coroner and medical examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination. (k) If the state medical examiner or designee is required to be present at a removal procedure under subsection (g), upon request the procurement organization requesting the recovery of the organ shall reimburse the state medical examiner or designee for the additional costs incurred in complying with subsection (g). Acts 2007, No. 839, § 1.

(a) Upon request of a procurement organization, a coroner or the state medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner or the state medical examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner or the state medical examiner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner or the state medical examiner only if relevant to transplantation or therapy.

(b) The coroner or the state medical examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner or the state medical examiner which the coroner or the state medical examiner determines may be relevant to the investigation.

(c) A person that has any information requested by a coroner or the state medical examiner pursuant to subsection (b) shall provide that information as expeditiously as possible to allow the coroner or the state medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.

(d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner or after a post-mortem examination the coroner determines that no autopsy is required, or, if the decedent has been referred to the state medical examiner for post-mortem examination under § 12-12-318 and the state medical examiner determines that an autopsy is required, after consultation with the prosecuting attorney and the coroner, and it is determined that the recovery of the parts that are the subject of an anatomical gift will not interfere with the autopsy, the coroner, state medical examiner, and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.

(e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner or the state medical examiner has been or might be made, and after consultation with the coroner and prosecuting attorney, the state medical examiner believes the recovery of the part could interfere with determination of the decedent's cause and manner of death, the state medical examiner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. The procurement organization shall provide the state medical examiner with all information that the procurement organization has that could relate to the cause or manner of the decedent's death. After consultation with the prosecuting attorney and coroner, the state medical examiner may allow the recovery.

(f) The coroner, prosecuting attorney, medical examiner, and a procurement organization shall enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift of a part from a decedent whose body is under the jurisdiction of the coroner or medical examiner has been or might be made but the coroner or medical examiner believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death. Decisions regarding the recovery of the part from the decedent shall be made in accordance with the agreement. The coroner, prosecuting attorney, medical examiner, and the procurement organization shall evaluate the effectiveness of the agreement at regular intervals but no less frequently than every two years.

(g) In the absence of an agreement establishing protocols and procedures governing the relations between the state medical examiner and a procurement organization, if the state medical examiner intends to deny recovery of an organ for transplantation or therapy, the state medical examiner or designee, at the request of the procurement organization, shall attend the removal procedure for the organ before making a final determination not to allow the procurement organization to recover the organ. During the removal procedure, the state medical examiner or designee may allow recovery by the procurement organization to proceed, or, if the state medical examiner or designee believes that the organ may be involved in determining the decedent's cause or manner of death, deny recovery by the procurement organization.

(h) If the procurement organization seeks to recover only an eye or tissue or both, the medical examiner or designee shall not be required to attend a removal procedure as provided in subsection (g).

(i) If the state medical examiner or designee denies recovery under subsection (g), the individual denying recovery shall: (1) explain in a record the specific reasons for not allowing recovery of the part; (2) include the specific reasons in the records of the state medical examiner; and (3) provide a record with the specific reasons to the procurement organization.

(1) explain in a record the specific reasons for not allowing recovery of the part;

(2) include the specific reasons in the records of the state medical examiner; and

(3) provide a record with the specific reasons to the procurement organization.

(j) If the coroner or the state medical examiner or designee allows recovery of a part, the procurement organization will cooperate with the coroner and medical examiner in any documentation of injuries and the preservation and collection of evidence prior to and during the recovery of the part; and, upon request, shall cause the physician or technician who removes the part to provide the coroner and medical examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.

(k) If the state medical examiner or designee is required to be present at a removal procedure under subsection (g), upon request the procurement organization requesting the recovery of the organ shall reimburse the state medical examiner or designee for the additional costs incurred in complying with subsection (g).

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-16-1902 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1902
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) With regard to sex-selection abortion: (A) The victims of sex-selection abortion are overwhelmingly female; (B) A sex-selection abortion is used to prevent the birth of a child of an undesired sex; (C) The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex-selection abortion a crime against women; (D) Countries such as India, Great Britain, and China have taken steps to end sex-selection abortions; (E) Women are a vital part of our society and culture and possess the same fundamental human rights as men; (F) The United States prohibits discrimination on the basis of sex in various areas, including employment, education, athletics, and health insurance; (G) It is undesirable to have a distortion in the sex ratio within a society, particularly when there is a shortage of women; and (H) Countries with high rates of male preference have experienced ill effects as a result of having an increasing population of young, unmarried men; and (2) With regard to maternal health: (A) It is undisputed that abortion risks to maternal health increase as gestation increases; (B) The risk of death for pregnant women at eight (8) weeks' gestation is one (1) death per one million (1,000,000) and rises to: (i) One (1) death per twenty-nine thousand (29,000) abortions between sixteen (16) and twenty (20) weeks' gestation; and (ii) One (1) death per eleven thousand (11,000) abortions at twenty-one (21) weeks' gestation or later; (C) A woman is thirty-five (35) times more likely to die from an abortion performed at twenty (20) weeks' gestation than she would have been had the abortion been performed in the first trimester; (D) A woman is ninety-one (91) times more likely to die from an abortion performed at twenty-one (21) weeks' gestation or later than she would have been had the abortion been performed in the first trimester; and (E) Because abortions performed solely based on the sex of a child are generally performed later in pregnancy, women undergoing these abortions are unnecessarily exposed to increased health risks, including an exponentially higher risk of death. (b) Based on the findings in this section, the purpose of this subchapter is to: (1) Ban abortions performed solely for reasons of sex-selection; and (2) Protect women from the risks inherent in late-term abortions. Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

(a) The General Assembly finds that: (1) With regard to sex-selection abortion: (A) The victims of sex-selection abortion are overwhelmingly female; (B) A sex-selection abortion is used to prevent the birth of a child of an undesired sex; (C) The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex-selection abortion a crime against women; (D) Countries such as India, Great Britain, and China have taken steps to end sex-selection abortions; (E) Women are a vital part of our society and culture and possess the same fundamental human rights as men; (F) The United States prohibits discrimination on the basis of sex in various areas, including employment, education, athletics, and health insurance; (G) It is undesirable to have a distortion in the sex ratio within a society, particularly when there is a shortage of women; and (H) Countries with high rates of male preference have experienced ill effects as a result of having an increasing population of young, unmarried men; and (2) With regard to maternal health: (A) It is undisputed that abortion risks to maternal health increase as gestation increases; (B) The risk of death for pregnant women at eight (8) weeks' gestation is one (1) death per one million (1,000,000) and rises to: (i) One (1) death per twenty-nine thousand (29,000) abortions between sixteen (16) and twenty (20) weeks' gestation; and (ii) One (1) death per eleven thousand (11,000) abortions at twenty-one (21) weeks' gestation or later; (C) A woman is thirty-five (35) times more likely to die from an abortion performed at twenty (20) weeks' gestation than she would have been had the abortion been performed in the first trimester; (D) A woman is ninety-one (91) times more likely to die from an abortion performed at twenty-one (21) weeks' gestation or later than she would have been had the abortion been performed in the first trimester; and (E) Because abortions performed solely based on the sex of a child are generally performed later in pregnancy, women undergoing these abortions are unnecessarily exposed to increased health risks, including an exponentially higher risk of death.

(1) With regard to sex-selection abortion: (A) The victims of sex-selection abortion are overwhelmingly female; (B) A sex-selection abortion is used to prevent the birth of a child of an undesired sex; (C) The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex-selection abortion a crime against women; (D) Countries such as India, Great Britain, and China have taken steps to end sex-selection abortions; (E) Women are a vital part of our society and culture and possess the same fundamental human rights as men; (F) The United States prohibits discrimination on the basis of sex in various areas, including employment, education, athletics, and health insurance; (G) It is undesirable to have a distortion in the sex ratio within a society, particularly when there is a shortage of women; and (H) Countries with high rates of male preference have experienced ill effects as a result of having an increasing population of young, unmarried men; and

(A) The victims of sex-selection abortion are overwhelmingly female;

(B) A sex-selection abortion is used to prevent the birth of a child of an undesired sex;

(C) The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex-selection abortion a crime against women;

(D) Countries such as India, Great Britain, and China have taken steps to end sex-selection abortions;

(E) Women are a vital part of our society and culture and possess the same fundamental human rights as men;

(F) The United States prohibits discrimination on the basis of sex in various areas, including employment, education, athletics, and health insurance;

(G) It is undesirable to have a distortion in the sex ratio within a society, particularly when there is a shortage of women; and

(H) Countries with high rates of male preference have experienced ill effects as a result of having an increasing population of young, unmarried men; and

(2) With regard to maternal health: (A) It is undisputed that abortion risks to maternal health increase as gestation increases; (B) The risk of death for pregnant women at eight (8) weeks' gestation is one (1) death per one million (1,000,000) and rises to: (i) One (1) death per twenty-nine thousand (29,000) abortions between sixteen (16) and twenty (20) weeks' gestation; and (ii) One (1) death per eleven thousand (11,000) abortions at twenty-one (21) weeks' gestation or later; (C) A woman is thirty-five (35) times more likely to die from an abortion performed at twenty (20) weeks' gestation than she would have been had the abortion been performed in the first trimester; (D) A woman is ninety-one (91) times more likely to die from an abortion performed at twenty-one (21) weeks' gestation or later than she would have been had the abortion been performed in the first trimester; and (E) Because abortions performed solely based on the sex of a child are generally performed later in pregnancy, women undergoing these abortions are unnecessarily exposed to increased health risks, including an exponentially higher risk of death.

(A) It is undisputed that abortion risks to maternal health increase as gestation increases;

(B) The risk of death for pregnant women at eight (8) weeks' gestation is one (1) death per one million (1,000,000) and rises to: (i) One (1) death per twenty-nine thousand (29,000) abortions between sixteen (16) and twenty (20) weeks' gestation; and (ii) One (1) death per eleven thousand (11,000) abortions at twenty-one (21) weeks' gestation or later;

(i) One (1) death per twenty-nine thousand (29,000) abortions between sixteen (16) and twenty (20) weeks' gestation; and

(ii) One (1) death per eleven thousand (11,000) abortions at twenty-one (21) weeks' gestation or later;

(C) A woman is thirty-five (35) times more likely to die from an abortion performed at twenty (20) weeks' gestation than she would have been had the abortion been performed in the first trimester;

(D) A woman is ninety-one (91) times more likely to die from an abortion performed at twenty-one (21) weeks' gestation or later than she would have been had the abortion been performed in the first trimester; and

(E) Because abortions performed solely based on the sex of a child are generally performed later in pregnancy, women undergoing these abortions are unnecessarily exposed to increased health risks, including an exponentially higher risk of death.

(b) Based on the findings in this section, the purpose of this subchapter is to: (1) Ban abortions performed solely for reasons of sex-selection; and (2) Protect women from the risks inherent in late-term abortions.

(1) Ban abortions performed solely for reasons of sex-selection; and

(2) Protect women from the risks inherent in late-term abortions.

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-77-709 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-709
Powers of cotrustees of Special Needs Trust Revolving Fund - Logistical support
Status: in_force

(a) (1) (A) The cotrustees of the Special Needs Trust Revolving Fund shall have the power to award benefits if satisfied by a preponderance of the evidence that the requirements for benefits have been met. (B) The cotrustees shall have authority to award the benefits either to the claimant or directly to the provider of services. (2) The cotrustees shall hear and determine all matters relating to claims for benefits, including the power to reopen claims without regard to statutes of limitation. (3) The cotrustees shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant information regarding any claim. (4) The cotrustees shall be provided such office, support staff, and secretarial services as are deemed necessary, and the reasonable costs of administration of the trust shall be borne by the trust. (b) In addition to any other powers and duties specified elsewhere in this subchapter, the cotrustees may: (1) Regulate the fund's own procedure except as otherwise provided in this subchapter; (2) Adopt rules to implement the provisions of this subchapter; (3) Define any term not defined in this subchapter; (4) Prescribe forms necessary to carry out the purposes of this subchapter; (5) Request access to any reports of investigations or other data necessary to assist the cotrustees in making a determination of eligibility for benefits under the provisions of this subchapter; (6) Take notice of general, technical, and scientific facts within their specialized knowledge; and (7) Publicize the availability of benefits and information regarding the filing of claims therefor. Amended by Act 2019, No. 315,§ 2266, eff. 7/24/2019. Acts 1993, No. 1228, § 1.

(a) (1) (A) The cotrustees of the Special Needs Trust Revolving Fund shall have the power to award benefits if satisfied by a preponderance of the evidence that the requirements for benefits have been met. (B) The cotrustees shall have authority to award the benefits either to the claimant or directly to the provider of services. (2) The cotrustees shall hear and determine all matters relating to claims for benefits, including the power to reopen claims without regard to statutes of limitation. (3) The cotrustees shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant information regarding any claim. (4) The cotrustees shall be provided such office, support staff, and secretarial services as are deemed necessary, and the reasonable costs of administration of the trust shall be borne by the trust.

(1) (A) The cotrustees of the Special Needs Trust Revolving Fund shall have the power to award benefits if satisfied by a preponderance of the evidence that the requirements for benefits have been met. (B) The cotrustees shall have authority to award the benefits either to the claimant or directly to the provider of services.

(A) The cotrustees of the Special Needs Trust Revolving Fund shall have the power to award benefits if satisfied by a preponderance of the evidence that the requirements for benefits have been met.

(B) The cotrustees shall have authority to award the benefits either to the claimant or directly to the provider of services.

(2) The cotrustees shall hear and determine all matters relating to claims for benefits, including the power to reopen claims without regard to statutes of limitation.

(3) The cotrustees shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant information regarding any claim.

(4) The cotrustees shall be provided such office, support staff, and secretarial services as are deemed necessary, and the reasonable costs of administration of the trust shall be borne by the trust.

(b) In addition to any other powers and duties specified elsewhere in this subchapter, the cotrustees may: (1) Regulate the fund's own procedure except as otherwise provided in this subchapter; (2) Adopt rules to implement the provisions of this subchapter; (3) Define any term not defined in this subchapter; (4) Prescribe forms necessary to carry out the purposes of this subchapter; (5) Request access to any reports of investigations or other data necessary to assist the cotrustees in making a determination of eligibility for benefits under the provisions of this subchapter; (6) Take notice of general, technical, and scientific facts within their specialized knowledge; and (7) Publicize the availability of benefits and information regarding the filing of claims therefor.

(1) Regulate the fund's own procedure except as otherwise provided in this subchapter;

(2) Adopt rules to implement the provisions of this subchapter;

(3) Define any term not defined in this subchapter;

(4) Prescribe forms necessary to carry out the purposes of this subchapter;

(5) Request access to any reports of investigations or other data necessary to assist the cotrustees in making a determination of eligibility for benefits under the provisions of this subchapter;

(6) Take notice of general, technical, and scientific facts within their specialized knowledge; and

(7) Publicize the availability of benefits and information regarding the filing of claims therefor.

Amended by Act 2019, No. 315,§ 2266, eff. 7/24/2019.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-8-902 — AR Code / Title 20 / Chapter 8 / Subchapter 9 / Section 20-8-902
Definitions
Status: in_force

As used in this subchapter: (1) "At-risk youth" means an individual in grades kindergarten through twelve (K-12) who has a greater vulnerability for risk behaviors; (2) "Client" means the intended audience of a primary prevention and risk avoidance program; (3) "Culturally appropriate" means effective for communicating with people of different cultures, including without limitation people of different races and ethnicities; (4) "Developmentally appropriate" means: (A) Suited to the physical, intellectual, and emotional development of an adolescent; and (B) Taking into consideration the following: (i) During adolescence, physical changes happen at an increased rate; (ii) At the same time, adolescents experience cognitive, social, emotional, and interpersonal changes that must be addressed as part of a primary prevention strategy; and (iii) Although all youth have individual personalities and individual interests, many adolescents face similar developmental issues during early, middle, and late adolescence that must be addressed at the appropriate times; (5) "Evidence-based" means founded on: (A) Principles and concepts supported by research; (B) Practical strategies learned from experience; and (C) Practices consistent with client needs and circumstances; (6) "Evidence-informed" means incorporating available evidence, practice, and experience to determine what works in a given, practical setting; (7) (A) "Optimal health" means the following aspects of health without limitation: (i) Physical health, which refers to the physiological way an individual's body functions; (ii) Emotional health, which includes without limitation an individual's ability to calmly cope with unpleasant emotions and remain aware of the individual's and others' feelings; (iii) Social health, which refers to the quality of an individual's relationships with the individual's family, friends, and others with whom the individual interacts; (iv) Mental health, which includes without limitation an individual's ability to recognize reality and cope with the demands of daily life while maintaining self-esteem and self-respect; and (v) Spiritual health, which refers to an individual's choice to live his or her life in accordance with his or her ethics, morals, values, and in harmony with his or her environment and others that surround him or her. (B) "Optimal health" is not limited to the absence of disease; (8) "Primary prevention strategy" means a plan of action that utilizes a prevention-first educational approach to risk behavior that: (A) Employs strategies that prevent risk behaviors and assist with the transition of youth from risk behavior lifestyles and habits to risk-free lifestyles and habits before negative health effects occur; and (B) Includes primarily content that prioritizes a risk avoidance message; (9) "Proven effective" means that a program, project, approach, or practice has been recognized as evidence-based or evidence-informed by a credible federal or state education or health entity; (10) "Risk avoidance strategy" means a plan of action that: (A) Encourages students to voluntarily avoid or refrain from risk behaviors and eliminate all associated risks of those behaviors; and (B) Educates students about the optimal health of an individual and the societal benefits associated with: (i) Personal responsibility; (ii) Personal efficacy; (iii) Goal setting; (iv) Health decision-making; (v) A focus on the future; and (vi) Healthy relationship development; (11) "Risk behavior" includes without limitation the following: (A) Smoking; (B) Consuming alcohol; (C) Abusing drugs; (D) Early initiation into sexual activity; (E) Participating in a sexually active lifestyle while under the age of legal consent; (F) Engaging in or having experienced: (i) Dating violence; or (ii) Sexual violence; and (G) Participating in illegal activities such as: (i) Misusing technology and social media, which includes without limitation the following: (a) Blackmailing another person with pictures or information gained through technology or social media; (b) Cyberbullying, as defined in § 5-71-217 ; and (c) Sexting, as defined in § 5-27-609 ; and (ii) (a) Bullying. (b) A primary prevention program shall address the: (1) Behaviors of a teen who is bullying another person; and (2) Effects of bullying on a teen who is being bullied by another person; (12) "Secondary prevention strategy" means a plan of action that encourages reducing risks associated with risk behaviors; and (13) "Strength-based" means founded on the following: (A) A positive youth development approach that builds on a person's existing strengths, skills, and external assets; (B) Medically accurate information that is supported by research by medical, psychological, scientific, governmental, or public health publications, organizations, or agencies; and (C) Evidence-based or evidence-informed practice. Added by Act 2019, No. 841,§ 2, eff. 7/24/2019.

As used in this subchapter:

(1) "At-risk youth" means an individual in grades kindergarten through twelve (K-12) who has a greater vulnerability for risk behaviors;

(2) "Client" means the intended audience of a primary prevention and risk avoidance program;

(3) "Culturally appropriate" means effective for communicating with people of different cultures, including without limitation people of different races and ethnicities;

(4) "Developmentally appropriate" means: (A) Suited to the physical, intellectual, and emotional development of an adolescent; and (B) Taking into consideration the following: (i) During adolescence, physical changes happen at an increased rate; (ii) At the same time, adolescents experience cognitive, social, emotional, and interpersonal changes that must be addressed as part of a primary prevention strategy; and (iii) Although all youth have individual personalities and individual interests, many adolescents face similar developmental issues during early, middle, and late adolescence that must be addressed at the appropriate times;

(A) Suited to the physical, intellectual, and emotional development of an adolescent; and

(B) Taking into consideration the following: (i) During adolescence, physical changes happen at an increased rate; (ii) At the same time, adolescents experience cognitive, social, emotional, and interpersonal changes that must be addressed as part of a primary prevention strategy; and (iii) Although all youth have individual personalities and individual interests, many adolescents face similar developmental issues during early, middle, and late adolescence that must be addressed at the appropriate times;

(i) During adolescence, physical changes happen at an increased rate;

(ii) At the same time, adolescents experience cognitive, social, emotional, and interpersonal changes that must be addressed as part of a primary prevention strategy; and

(iii) Although all youth have individual personalities and individual interests, many adolescents face similar developmental issues during early, middle, and late adolescence that must be addressed at the appropriate times;

(5) "Evidence-based" means founded on: (A) Principles and concepts supported by research; (B) Practical strategies learned from experience; and (C) Practices consistent with client needs and circumstances;

(A) Principles and concepts supported by research;

(B) Practical strategies learned from experience; and

(C) Practices consistent with client needs and circumstances;

(6) "Evidence-informed" means incorporating available evidence, practice, and experience to determine what works in a given, practical setting;

(7) (A) "Optimal health" means the following aspects of health without limitation: (i) Physical health, which refers to the physiological way an individual's body functions; (ii) Emotional health, which includes without limitation an individual's ability to calmly cope with unpleasant emotions and remain aware of the individual's and others' feelings; (iii) Social health, which refers to the quality of an individual's relationships with the individual's family, friends, and others with whom the individual interacts; (iv) Mental health, which includes without limitation an individual's ability to recognize reality and cope with the demands of daily life while maintaining self-esteem and self-respect; and (v) Spiritual health, which refers to an individual's choice to live his or her life in accordance with his or her ethics, morals, values, and in harmony with his or her environment and others that surround him or her. (B) "Optimal health" is not limited to the absence of disease;

(A) "Optimal health" means the following aspects of health without limitation: (i) Physical health, which refers to the physiological way an individual's body functions; (ii) Emotional health, which includes without limitation an individual's ability to calmly cope with unpleasant emotions and remain aware of the individual's and others' feelings; (iii) Social health, which refers to the quality of an individual's relationships with the individual's family, friends, and others with whom the individual interacts; (iv) Mental health, which includes without limitation an individual's ability to recognize reality and cope with the demands of daily life while maintaining self-esteem and self-respect; and (v) Spiritual health, which refers to an individual's choice to live his or her life in accordance with his or her ethics, morals, values, and in harmony with his or her environment and others that surround him or her.

(i) Physical health, which refers to the physiological way an individual's body functions;

(ii) Emotional health, which includes without limitation an individual's ability to calmly cope with unpleasant emotions and remain aware of the individual's and others' feelings;

(iii) Social health, which refers to the quality of an individual's relationships with the individual's family, friends, and others with whom the individual interacts;

(iv) Mental health, which includes without limitation an individual's ability to recognize reality and cope with the demands of daily life while maintaining self-esteem and self-respect; and

(v) Spiritual health, which refers to an individual's choice to live his or her life in accordance with his or her ethics, morals, values, and in harmony with his or her environment and others that surround him or her.

(B) "Optimal health" is not limited to the absence of disease;

(8) "Primary prevention strategy" means a plan of action that utilizes a prevention-first educational approach to risk behavior that: (A) Employs strategies that prevent risk behaviors and assist with the transition of youth from risk behavior lifestyles and habits to risk-free lifestyles and habits before negative health effects occur; and (B) Includes primarily content that prioritizes a risk avoidance message;

(A) Employs strategies that prevent risk behaviors and assist with the transition of youth from risk behavior lifestyles and habits to risk-free lifestyles and habits before negative health effects occur; and

(B) Includes primarily content that prioritizes a risk avoidance message;

(9) "Proven effective" means that a program, project, approach, or practice has been recognized as evidence-based or evidence-informed by a credible federal or state education or health entity;

(10) "Risk avoidance strategy" means a plan of action that: (A) Encourages students to voluntarily avoid or refrain from risk behaviors and eliminate all associated risks of those behaviors; and (B) Educates students about the optimal health of an individual and the societal benefits associated with: (i) Personal responsibility; (ii) Personal efficacy; (iii) Goal setting; (iv) Health decision-making; (v) A focus on the future; and (vi) Healthy relationship development;

(A) Encourages students to voluntarily avoid or refrain from risk behaviors and eliminate all associated risks of those behaviors; and

(B) Educates students about the optimal health of an individual and the societal benefits associated with: (i) Personal responsibility; (ii) Personal efficacy; (iii) Goal setting; (iv) Health decision-making; (v) A focus on the future; and (vi) Healthy relationship development;

(i) Personal responsibility;

(ii) Personal efficacy;

(iii) Goal setting;

(iv) Health decision-making;

(v) A focus on the future; and

(vi) Healthy relationship development;

(11) "Risk behavior" includes without limitation the following: (A) Smoking; (B) Consuming alcohol; (C) Abusing drugs; (D) Early initiation into sexual activity; (E) Participating in a sexually active lifestyle while under the age of legal consent; (F) Engaging in or having experienced: (i) Dating violence; or (ii) Sexual violence; and (G) Participating in illegal activities such as: (i) Misusing technology and social media, which includes without limitation the following: (a) Blackmailing another person with pictures or information gained through technology or social media; (b) Cyberbullying, as defined in § 5-71-217 ; and (c) Sexting, as defined in § 5-27-609 ; and (ii) (a) Bullying. (b) A primary prevention program shall address the: (1) Behaviors of a teen who is bullying another person; and (2) Effects of bullying on a teen who is being bullied by another person;

(A) Smoking;

(B) Consuming alcohol;

(C) Abusing drugs;

(D) Early initiation into sexual activity;

(E) Participating in a sexually active lifestyle while under the age of legal consent;

(F) Engaging in or having experienced: (i) Dating violence; or (ii) Sexual violence; and

(i) Dating violence; or

(ii) Sexual violence; and

(G) Participating in illegal activities such as: (i) Misusing technology and social media, which includes without limitation the following: (a) Blackmailing another person with pictures or information gained through technology or social media; (b) Cyberbullying, as defined in § 5-71-217 ; and (c) Sexting, as defined in § 5-27-609 ; and (ii) (a) Bullying. (b) A primary prevention program shall address the: (1) Behaviors of a teen who is bullying another person; and (2) Effects of bullying on a teen who is being bullied by another person;

(i) Misusing technology and social media, which includes without limitation the following: (a) Blackmailing another person with pictures or information gained through technology or social media; (b) Cyberbullying, as defined in § 5-71-217 ; and (c) Sexting, as defined in § 5-27-609 ; and

(a) Blackmailing another person with pictures or information gained through technology or social media;

(b) Cyberbullying, as defined in § 5-71-217 ; and

(c) Sexting, as defined in § 5-27-609 ; and

(ii) (a) Bullying. (b) A primary prevention program shall address the: (1) Behaviors of a teen who is bullying another person; and (2) Effects of bullying on a teen who is being bullied by another person;

(a) Bullying.

(b) A primary prevention program shall address the: (1) Behaviors of a teen who is bullying another person; and (2) Effects of bullying on a teen who is being bullied by another person;

(1) Behaviors of a teen who is bullying another person; and

(2) Effects of bullying on a teen who is being bullied by another person;

(12) "Secondary prevention strategy" means a plan of action that encourages reducing risks associated with risk behaviors; and

(13) "Strength-based" means founded on the following: (A) A positive youth development approach that builds on a person's existing strengths, skills, and external assets; (B) Medically accurate information that is supported by research by medical, psychological, scientific, governmental, or public health publications, organizations, or agencies; and (C) Evidence-based or evidence-informed practice.

(A) A positive youth development approach that builds on a person's existing strengths, skills, and external assets;

(B) Medically accurate information that is supported by research by medical, psychological, scientific, governmental, or public health publications, organizations, or agencies; and

(C) Evidence-based or evidence-informed practice.

Added by Act 2019, No. 841,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-77-403 — AR Code / Title 20 / Chapter 77 / Subchapter 4 / Section 20-77-403
Fees paid to participating pharmacists
Status: in_force

(a) The Secretary of the Department of Human Services and the deputy director shall pay each participating pharmacist for each prescription filled under this program the pharmacist's usual and customary charge to the general public for the drug. (b) However, until existing federal regulations limiting reimbursement for a drug to the lower of the pharmacist's usual and customary charge, or cost of the drug plus a reasonable dispensing fee, are modified or declared invalid by a court, the secretary and the deputy director shall pay for each prescription, the lower of: (1) The pharmacist's usual and customary charge to the general public for the drug; or (2) The pharmacist's cost of the drug plus a dispensing fee. The fee will be adjusted annually on July 1 of each year by the percentage change in the Consumer Price Index, except that on any July 1 immediately following a subsequent cost-of-dispensing survey conducted by the appropriate division of the Department of Human Services, the fee will be adjusted using the formula used by the secretary and the deputy director to determine the July 1, 1980, fee or other such formula as may be developed subsequently by the secretary and the deputy director with the approval of the Legislative Council. (c) In addition to the amounts paid under subdivisions (b)(1) and (2) of this section, at such time as federal regulations shall permit, the pharmacist will also be paid any additional direct and indirect costs which are generated by participation in the Title XIX Medicaid Program. The new additional costs will be paid by the state. Amended by Act 2019, No. 910,§ 5224, eff. 7/1/2019. Acts 1983, No. 518, § 3; A.S.A. 1947, § 83-174.2.

(a) The Secretary of the Department of Human Services and the deputy director shall pay each participating pharmacist for each prescription filled under this program the pharmacist's usual and customary charge to the general public for the drug.

(b) However, until existing federal regulations limiting reimbursement for a drug to the lower of the pharmacist's usual and customary charge, or cost of the drug plus a reasonable dispensing fee, are modified or declared invalid by a court, the secretary and the deputy director shall pay for each prescription, the lower of: (1) The pharmacist's usual and customary charge to the general public for the drug; or (2) The pharmacist's cost of the drug plus a dispensing fee. The fee will be adjusted annually on July 1 of each year by the percentage change in the Consumer Price Index, except that on any July 1 immediately following a subsequent cost-of-dispensing survey conducted by the appropriate division of the Department of Human Services, the fee will be adjusted using the formula used by the secretary and the deputy director to determine the July 1, 1980, fee or other such formula as may be developed subsequently by the secretary and the deputy director with the approval of the Legislative Council.

(1) The pharmacist's usual and customary charge to the general public for the drug; or

(2) The pharmacist's cost of the drug plus a dispensing fee. The fee will be adjusted annually on July 1 of each year by the percentage change in the Consumer Price Index, except that on any July 1 immediately following a subsequent cost-of-dispensing survey conducted by the appropriate division of the Department of Human Services, the fee will be adjusted using the formula used by the secretary and the deputy director to determine the July 1, 1980, fee or other such formula as may be developed subsequently by the secretary and the deputy director with the approval of the Legislative Council.

(c) In addition to the amounts paid under subdivisions (b)(1) and (2) of this section, at such time as federal regulations shall permit, the pharmacist will also be paid any additional direct and indirect costs which are generated by participation in the Title XIX Medicaid Program. The new additional costs will be paid by the state.

Amended by Act 2019, No. 910,§ 5224, eff. 7/1/2019.

Acts 1983, No. 518, § 3; A.S.A. 1947, § 83-174.2.
Ark. Code Ann. § 20-16-2406 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2406
Care agents
Status: in_force

A care agent or other person providing healthy pregnancy program services or care plan coordination services through a subcontract with an agency or as a volunteer with an agency shall: (1) Meet the qualifications established by rule of the Department of Health; (2) Have not performed an abortion in the last two (2) years; (3) Have not served as a director, board member, officer, volunteer, or employee for an entity described in § 20-16-2405(c)(1) -(3) in the last two (2) years; (4) Agree to maintain the confidentiality of information the care agent or other person obtains while performing services under § 20-8-1001 or the resource access assistance offer; (5) Complete a training program using a standardized curriculum regarding recognizing signs that a person may have been a victim of human trafficking and providing appropriate assistance to a person who may have been a victim of human trafficking; and (6) Not refer women to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

A care agent or other person providing healthy pregnancy program services or care plan coordination services through a subcontract with an agency or as a volunteer with an agency shall:

(1) Meet the qualifications established by rule of the Department of Health;

(2) Have not performed an abortion in the last two (2) years;

(3) Have not served as a director, board member, officer, volunteer, or employee for an entity described in § 20-16-2405(c)(1) -(3) in the last two (2) years;

(4) Agree to maintain the confidentiality of information the care agent or other person obtains while performing services under § 20-8-1001 or the resource access assistance offer;

(5) Complete a training program using a standardized curriculum regarding recognizing signs that a person may have been a victim of human trafficking and providing appropriate assistance to a person who may have been a victim of human trafficking; and

(6) Not refer women to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-77-903 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-903
Restitution, damages, and civil penalties
Status: in_force

(a) (1) It shall be unlawful for any person to commit any act prohibited by § 20-77-902 , and any person found to have committed any such act or acts shall be liable to the State of Arkansas through the Attorney General. (2) In a case in which direct monetary loss does not exist or in which it is difficult or impossible to determine the extent of the loss, the Attorney General may elect to seek a civil penalty based on the number of fraudulent claims submitted. (3) The state shall make an election and give notice in the complaint whether the state is seeking a civil penalty of: (A) Not less than five hundred dollars ($500) but not more than ten thousand dollars ($10,000) for each claim; or (B) Two (2) times the amount of damages that the state sustained because of the act of the person. (b) When a person or Medicaid provider discovers an employee or subcontractor working for the person or Medicaid provider has committed a violation of this subchapter or a violation under the Medicaid Fraud Act, § 5-55-101 et seq., any statutory liability for civil penalties under this section may be reduced by fifty percent (50%) if a person or Medicaid provider can establish all of the following: (1) The person or Medicaid provider committing the violation of this subchapter furnished officials of the Attorney General's office with all information known to the person or Medicaid provider about the violation within thirty (30) days after the date on which the person or Medicaid provider first obtained the information; and (2) The person or Medicaid provider fully cooperated with any Attorney General's investigation of the violation, and at the time the person or Medicaid provider furnished the Attorney General with the information about the violation: (A) No criminal prosecution, civil action, or administrative action had commenced under this subchapter with respect to the violation; and (B) The person or Medicaid provider did not have actual knowledge of the existence of an investigation into the violation. (c) (1) In addition to any other penalties authorized herein, any person violating this subchapter shall also be liable to the State of Arkansas for the Attorney General's reasonable expenses, including the cost of investigation, attorney's fees, court costs, witness fees, and deposition fees. (2) Any cost or reimbursement ordered under this subsection shall be paid to the office of the Attorney General to be used for future Medicaid investigations and cases. (d) (1) When the loss is to the Arkansas Medicaid Program or its fiscal agents, the entirety of any penalty obtained under subsection (a) of this section less reimbursement of investigation and prosecution costs and any reward that may be determined by the court pursuant to this subchapter shall be credited as special revenues of the State of Arkansas and deposited into the Arkansas Medicaid Program Trust Fund for the sole use of the program. (2) When the loss is to a managed care organization or similar organization that is paid at a capitated rate, the Department of Human Services may return all or a portion of the funds to a managed care organization or any similar organization when permitted by the contract or rules. (e) (1) A person who engages or has engaged in any act described by § 20-77-902 may be enjoined in a court of competent jurisdiction in an action brought by the Attorney General. (2) An injunction described by subdivision (e)(1) of this section shall be: (A) Brought in the name of the state; and (B) Granted if a case is clearly shown that the rights of the state are being violated by the person and the state will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action or that the acts or omissions of the person will tend to render a final judgment ineffectual. (f) The court may make orders or judgments, including the appointment of a receiver, as necessary to: (1) Prevent any act described by § 20-77-902 by any person; or (2) Restore to the program any money or property, real or personal, that may have been acquired by means of an act described by § 20-77-902 . Amended by Act 2019, No. 916,§ 11, eff. 7/24/2019. Amended by Act 2017, No. 978,§ 9, eff. 8/1/2017. Acts 1993, No. 1299, §§ 3, 4; 1995, No. 1210, § 1.

(a) (1) It shall be unlawful for any person to commit any act prohibited by § 20-77-902 , and any person found to have committed any such act or acts shall be liable to the State of Arkansas through the Attorney General. (2) In a case in which direct monetary loss does not exist or in which it is difficult or impossible to determine the extent of the loss, the Attorney General may elect to seek a civil penalty based on the number of fraudulent claims submitted. (3) The state shall make an election and give notice in the complaint whether the state is seeking a civil penalty of: (A) Not less than five hundred dollars ($500) but not more than ten thousand dollars ($10,000) for each claim; or (B) Two (2) times the amount of damages that the state sustained because of the act of the person.

(1) It shall be unlawful for any person to commit any act prohibited by § 20-77-902 , and any person found to have committed any such act or acts shall be liable to the State of Arkansas through the Attorney General.

(2) In a case in which direct monetary loss does not exist or in which it is difficult or impossible to determine the extent of the loss, the Attorney General may elect to seek a civil penalty based on the number of fraudulent claims submitted.

(3) The state shall make an election and give notice in the complaint whether the state is seeking a civil penalty of: (A) Not less than five hundred dollars ($500) but not more than ten thousand dollars ($10,000) for each claim; or (B) Two (2) times the amount of damages that the state sustained because of the act of the person.

(A) Not less than five hundred dollars ($500) but not more than ten thousand dollars ($10,000) for each claim; or

(B) Two (2) times the amount of damages that the state sustained because of the act of the person.

(b) When a person or Medicaid provider discovers an employee or subcontractor working for the person or Medicaid provider has committed a violation of this subchapter or a violation under the Medicaid Fraud Act, § 5-55-101 et seq., any statutory liability for civil penalties under this section may be reduced by fifty percent (50%) if a person or Medicaid provider can establish all of the following: (1) The person or Medicaid provider committing the violation of this subchapter furnished officials of the Attorney General's office with all information known to the person or Medicaid provider about the violation within thirty (30) days after the date on which the person or Medicaid provider first obtained the information; and (2) The person or Medicaid provider fully cooperated with any Attorney General's investigation of the violation, and at the time the person or Medicaid provider furnished the Attorney General with the information about the violation: (A) No criminal prosecution, civil action, or administrative action had commenced under this subchapter with respect to the violation; and (B) The person or Medicaid provider did not have actual knowledge of the existence of an investigation into the violation.

(1) The person or Medicaid provider committing the violation of this subchapter furnished officials of the Attorney General's office with all information known to the person or Medicaid provider about the violation within thirty (30) days after the date on which the person or Medicaid provider first obtained the information; and

(2) The person or Medicaid provider fully cooperated with any Attorney General's investigation of the violation, and at the time the person or Medicaid provider furnished the Attorney General with the information about the violation: (A) No criminal prosecution, civil action, or administrative action had commenced under this subchapter with respect to the violation; and (B) The person or Medicaid provider did not have actual knowledge of the existence of an investigation into the violation.

(A) No criminal prosecution, civil action, or administrative action had commenced under this subchapter with respect to the violation; and

(B) The person or Medicaid provider did not have actual knowledge of the existence of an investigation into the violation.

(c) (1) In addition to any other penalties authorized herein, any person violating this subchapter shall also be liable to the State of Arkansas for the Attorney General's reasonable expenses, including the cost of investigation, attorney's fees, court costs, witness fees, and deposition fees. (2) Any cost or reimbursement ordered under this subsection shall be paid to the office of the Attorney General to be used for future Medicaid investigations and cases.

(1) In addition to any other penalties authorized herein, any person violating this subchapter shall also be liable to the State of Arkansas for the Attorney General's reasonable expenses, including the cost of investigation, attorney's fees, court costs, witness fees, and deposition fees.

(2) Any cost or reimbursement ordered under this subsection shall be paid to the office of the Attorney General to be used for future Medicaid investigations and cases.

(d) (1) When the loss is to the Arkansas Medicaid Program or its fiscal agents, the entirety of any penalty obtained under subsection (a) of this section less reimbursement of investigation and prosecution costs and any reward that may be determined by the court pursuant to this subchapter shall be credited as special revenues of the State of Arkansas and deposited into the Arkansas Medicaid Program Trust Fund for the sole use of the program. (2) When the loss is to a managed care organization or similar organization that is paid at a capitated rate, the Department of Human Services may return all or a portion of the funds to a managed care organization or any similar organization when permitted by the contract or rules.

(1) When the loss is to the Arkansas Medicaid Program or its fiscal agents, the entirety of any penalty obtained under subsection (a) of this section less reimbursement of investigation and prosecution costs and any reward that may be determined by the court pursuant to this subchapter shall be credited as special revenues of the State of Arkansas and deposited into the Arkansas Medicaid Program Trust Fund for the sole use of the program.

(2) When the loss is to a managed care organization or similar organization that is paid at a capitated rate, the Department of Human Services may return all or a portion of the funds to a managed care organization or any similar organization when permitted by the contract or rules.

(e) (1) A person who engages or has engaged in any act described by § 20-77-902 may be enjoined in a court of competent jurisdiction in an action brought by the Attorney General. (2) An injunction described by subdivision (e)(1) of this section shall be: (A) Brought in the name of the state; and (B) Granted if a case is clearly shown that the rights of the state are being violated by the person and the state will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action or that the acts or omissions of the person will tend to render a final judgment ineffectual.

(1) A person who engages or has engaged in any act described by § 20-77-902 may be enjoined in a court of competent jurisdiction in an action brought by the Attorney General.

(2) An injunction described by subdivision (e)(1) of this section shall be: (A) Brought in the name of the state; and (B) Granted if a case is clearly shown that the rights of the state are being violated by the person and the state will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action or that the acts or omissions of the person will tend to render a final judgment ineffectual.

(A) Brought in the name of the state; and

(B) Granted if a case is clearly shown that the rights of the state are being violated by the person and the state will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action or that the acts or omissions of the person will tend to render a final judgment ineffectual.

(f) The court may make orders or judgments, including the appointment of a receiver, as necessary to: (1) Prevent any act described by § 20-77-902 by any person; or (2) Restore to the program any money or property, real or personal, that may have been acquired by means of an act described by § 20-77-902 .

(1) Prevent any act described by § 20-77-902 by any person; or

(2) Restore to the program any money or property, real or personal, that may have been acquired by means of an act described by § 20-77-902 .

Amended by Act 2019, No. 916,§ 11, eff. 7/24/2019.

Amended by Act 2017, No. 978,§ 9, eff. 8/1/2017.

Acts 1993, No. 1299, §§ 3, 4; 1995, No. 1210, § 1.
Ark. Code Ann. § 20-8-109 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-109
Approval of new projects - Repeal of Acts 1975, No. 558, section 5 - Transfer of duties - Definition
Status: in_force

(a) All projects requiring approval under the Certificate of Need Program as established by Acts 1975, No. 558, § 5 [repealed], except freestanding radiation therapy centers, shall not be instituted or commenced after April 4, 1987, except upon application for and receipt of approval from the Health Services Permit Agency utilizing the same criteria and procedures in existence before April 4, 1987. (b) As used in this section, "commence construction" means the approval of project financing or the actual movement onto the site of building materials and equipment by the principal contractor. (c) Two hundred ten (210) days after April 4, 1987, Acts 1975, No. 558, § 5, as amended, is repealed. On and after the two hundred eleventh day following April 4, 1987, all projects requiring approval under § 20-8-107 shall not be instituted or commenced except upon application for and receipt of a permit of approval as set forth in this subchapter, and, during this period of time, all duties and responsibilities of the State Health Planning and Development Agency and the Statewide Health Coordinating Council are transferred to the Health Services Permit Agency established under this subchapter. Any project not requiring approval under this subchapter, even though covered under Acts 1975, No. 558, § 5 [repealed], may be commenced after April 4, 1987. (d) (1) The Health Services Permit Agency shall process all applications or certificates of need for intermediate care facilities for individuals with intellectual or other developmental disabilities with fifteen (15) or fewer beds that were pending on April 4, 1987, and shall for a period of thirty (30) days after April 4, 1987, accept additional applications for such facilities. (2) The applications shall be processed utilizing the criteria and procedures in existence before April 4, 1987, and in addition the Health Services Permit Agency shall consider as a primary factor the experience of each applicant in serving individuals with intellectual or other developmental disabilities. Amended by Act 2019, No. 1035,§ 11, eff. 7/24/2019. Acts 1987, No. 593, § 9; 1987 (1st Ex. Sess.), No. 40, § 11; 2001, No. 1800, § 13.

(a) All projects requiring approval under the Certificate of Need Program as established by Acts 1975, No. 558, § 5 [repealed], except freestanding radiation therapy centers, shall not be instituted or commenced after April 4, 1987, except upon application for and receipt of approval from the Health Services Permit Agency utilizing the same criteria and procedures in existence before April 4, 1987.

(b) As used in this section, "commence construction" means the approval of project financing or the actual movement onto the site of building materials and equipment by the principal contractor.

(c) Two hundred ten (210) days after April 4, 1987, Acts 1975, No. 558, § 5, as amended, is repealed. On and after the two hundred eleventh day following April 4, 1987, all projects requiring approval under § 20-8-107 shall not be instituted or commenced except upon application for and receipt of a permit of approval as set forth in this subchapter, and, during this period of time, all duties and responsibilities of the State Health Planning and Development Agency and the Statewide Health Coordinating Council are transferred to the Health Services Permit Agency established under this subchapter. Any project not requiring approval under this subchapter, even though covered under Acts 1975, No. 558, § 5 [repealed], may be commenced after April 4, 1987.

(d) (1) The Health Services Permit Agency shall process all applications or certificates of need for intermediate care facilities for individuals with intellectual or other developmental disabilities with fifteen (15) or fewer beds that were pending on April 4, 1987, and shall for a period of thirty (30) days after April 4, 1987, accept additional applications for such facilities. (2) The applications shall be processed utilizing the criteria and procedures in existence before April 4, 1987, and in addition the Health Services Permit Agency shall consider as a primary factor the experience of each applicant in serving individuals with intellectual or other developmental disabilities.

(1) The Health Services Permit Agency shall process all applications or certificates of need for intermediate care facilities for individuals with intellectual or other developmental disabilities with fifteen (15) or fewer beds that were pending on April 4, 1987, and shall for a period of thirty (30) days after April 4, 1987, accept additional applications for such facilities.

(2) The applications shall be processed utilizing the criteria and procedures in existence before April 4, 1987, and in addition the Health Services Permit Agency shall consider as a primary factor the experience of each applicant in serving individuals with intellectual or other developmental disabilities.

Amended by Act 2019, No. 1035,§ 11, eff. 7/24/2019.

Acts 1987, No. 593, § 9; 1987 (1st Ex. Sess.), No. 40, § 11; 2001, No. 1800, § 13.
Ark. Code Ann. § 20-10-2204 — AR Code / Title 20 / Chapter 10 / Subchapter 22 / Section 20-10-2204
Proceedings and records confidential
Status: in_force

(a) (1) A long-term care facility may appoint members to serve as a duly appointed quality assurance committee in which individuals from various disciplines meet as a committee to: (A) Ensure that current practice standards are maintained; (B) Prevent deviations from care practices to the extent possible; (C) Track, trend, and identify care concerns; and (D) Correct inappropriate care processes. (2) (A) The proceedings of and records that are created by or for the quality assurance committee of a long-term care facility are not subject to discovery or introduction into evidence in a civil action against a provider of professional health services arising out of the matters that are subject to evaluation and review by the quality assurance committee. (B) Appointments to the quality assurance committee and the dates of the meetings shall be documented and maintained. (3) (A) A long-term care facility may retain a professional consultant to assist the quality assurance committee in studying quality-of-care concerns. (B) Any oral or written reports of the consultants to the quality assurance committee are privileged and not subject to discovery or introduction into evidence in a civil action against a provider of professional health services. (C) Oral or written communications privileged under this section may be used by the consultant without waiver of the privilege. (4) A person who was in attendance at a meeting of the quality assurance committee shall not be permitted or required to testify in a civil action as to the following: (A) Evidence or other matters produced or presented during the proceedings of the quality assurance committee; or (B) Findings, recommendations, evaluations, opinions, or other actions of the quality assurance committee or any members of the quality assurance committee made or taken in the quality assurance role. (b) (1) This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records: (A) Records or reports made in the regular course of business by a long-term care facility or other healthcare provider that are not created by or for the quality assurance committee; (B) Records or reports otherwise available from original sources, including without limitation the medical record of specific residents; (C) Records or reports required to be kept by applicable law, rule, or regulation that are not created by or for the quality assurance committee; (D) Incident and accident reports; (E) The long-term care facility's operating budgets; or (F) Records of the quality assurance committee's meeting dates. (2) Without waiving any privilege, appointments to the quality assurance committee are available to the Attorney General's Medicaid Fraud Control Unit. (3) A person who testifies before the quality assurance committee or who is a member of the quality assurance committee shall not be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the quality assurance committee or about opinions formed by him or her as a result of the committee hearings. Amended by Act 2019, No. 315,§ 1911, eff. 7/24/2019. Acts 2009, No. 198, § 1.

(a) (1) A long-term care facility may appoint members to serve as a duly appointed quality assurance committee in which individuals from various disciplines meet as a committee to: (A) Ensure that current practice standards are maintained; (B) Prevent deviations from care practices to the extent possible; (C) Track, trend, and identify care concerns; and (D) Correct inappropriate care processes. (2) (A) The proceedings of and records that are created by or for the quality assurance committee of a long-term care facility are not subject to discovery or introduction into evidence in a civil action against a provider of professional health services arising out of the matters that are subject to evaluation and review by the quality assurance committee. (B) Appointments to the quality assurance committee and the dates of the meetings shall be documented and maintained. (3) (A) A long-term care facility may retain a professional consultant to assist the quality assurance committee in studying quality-of-care concerns. (B) Any oral or written reports of the consultants to the quality assurance committee are privileged and not subject to discovery or introduction into evidence in a civil action against a provider of professional health services. (C) Oral or written communications privileged under this section may be used by the consultant without waiver of the privilege. (4) A person who was in attendance at a meeting of the quality assurance committee shall not be permitted or required to testify in a civil action as to the following: (A) Evidence or other matters produced or presented during the proceedings of the quality assurance committee; or (B) Findings, recommendations, evaluations, opinions, or other actions of the quality assurance committee or any members of the quality assurance committee made or taken in the quality assurance role.

(1) A long-term care facility may appoint members to serve as a duly appointed quality assurance committee in which individuals from various disciplines meet as a committee to: (A) Ensure that current practice standards are maintained; (B) Prevent deviations from care practices to the extent possible; (C) Track, trend, and identify care concerns; and (D) Correct inappropriate care processes.

(A) Ensure that current practice standards are maintained;

(B) Prevent deviations from care practices to the extent possible;

(C) Track, trend, and identify care concerns; and

(D) Correct inappropriate care processes.

(2) (A) The proceedings of and records that are created by or for the quality assurance committee of a long-term care facility are not subject to discovery or introduction into evidence in a civil action against a provider of professional health services arising out of the matters that are subject to evaluation and review by the quality assurance committee. (B) Appointments to the quality assurance committee and the dates of the meetings shall be documented and maintained.

(A) The proceedings of and records that are created by or for the quality assurance committee of a long-term care facility are not subject to discovery or introduction into evidence in a civil action against a provider of professional health services arising out of the matters that are subject to evaluation and review by the quality assurance committee.

(B) Appointments to the quality assurance committee and the dates of the meetings shall be documented and maintained.

(3) (A) A long-term care facility may retain a professional consultant to assist the quality assurance committee in studying quality-of-care concerns. (B) Any oral or written reports of the consultants to the quality assurance committee are privileged and not subject to discovery or introduction into evidence in a civil action against a provider of professional health services. (C) Oral or written communications privileged under this section may be used by the consultant without waiver of the privilege.

(A) A long-term care facility may retain a professional consultant to assist the quality assurance committee in studying quality-of-care concerns.

(B) Any oral or written reports of the consultants to the quality assurance committee are privileged and not subject to discovery or introduction into evidence in a civil action against a provider of professional health services.

(C) Oral or written communications privileged under this section may be used by the consultant without waiver of the privilege.

(4) A person who was in attendance at a meeting of the quality assurance committee shall not be permitted or required to testify in a civil action as to the following: (A) Evidence or other matters produced or presented during the proceedings of the quality assurance committee; or (B) Findings, recommendations, evaluations, opinions, or other actions of the quality assurance committee or any members of the quality assurance committee made or taken in the quality assurance role.

(A) Evidence or other matters produced or presented during the proceedings of the quality assurance committee; or

(B) Findings, recommendations, evaluations, opinions, or other actions of the quality assurance committee or any members of the quality assurance committee made or taken in the quality assurance role.

(b) (1) This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records: (A) Records or reports made in the regular course of business by a long-term care facility or other healthcare provider that are not created by or for the quality assurance committee; (B) Records or reports otherwise available from original sources, including without limitation the medical record of specific residents; (C) Records or reports required to be kept by applicable law, rule, or regulation that are not created by or for the quality assurance committee; (D) Incident and accident reports; (E) The long-term care facility's operating budgets; or (F) Records of the quality assurance committee's meeting dates. (2) Without waiving any privilege, appointments to the quality assurance committee are available to the Attorney General's Medicaid Fraud Control Unit. (3) A person who testifies before the quality assurance committee or who is a member of the quality assurance committee shall not be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the quality assurance committee or about opinions formed by him or her as a result of the committee hearings.

(1) This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records: (A) Records or reports made in the regular course of business by a long-term care facility or other healthcare provider that are not created by or for the quality assurance committee; (B) Records or reports otherwise available from original sources, including without limitation the medical record of specific residents; (C) Records or reports required to be kept by applicable law, rule, or regulation that are not created by or for the quality assurance committee; (D) Incident and accident reports; (E) The long-term care facility's operating budgets; or (F) Records of the quality assurance committee's meeting dates.

(A) Records or reports made in the regular course of business by a long-term care facility or other healthcare provider that are not created by or for the quality assurance committee;

(B) Records or reports otherwise available from original sources, including without limitation the medical record of specific residents;

(C) Records or reports required to be kept by applicable law, rule, or regulation that are not created by or for the quality assurance committee;

(D) Incident and accident reports;

(E) The long-term care facility's operating budgets; or

(F) Records of the quality assurance committee's meeting dates.

(2) Without waiving any privilege, appointments to the quality assurance committee are available to the Attorney General's Medicaid Fraud Control Unit.

(3) A person who testifies before the quality assurance committee or who is a member of the quality assurance committee shall not be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the quality assurance committee or about opinions formed by him or her as a result of the committee hearings.

Amended by Act 2019, No. 315,§ 1911, eff. 7/24/2019.

Acts 2009, No. 198, § 1.
Ark. Code Ann. § 20-17-1006 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1006
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 34, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 1, eff. 8/16/2013. Acts 1977, No. 352, § 5; 1981, No. 512, § 2; A.S.A. 1947, § 82-426.5; Acts 1997, No. 295, § 3; 2001, No. 1242, § 2; 2007, No. 430, § 2; Acts 2009, No. 714, § 2.

Repealed by Act 2017, No. 788,§ 34, eff. 7/1/2018.

Amended by Act 2013, No. 390,§ 1, eff. 8/16/2013.

Acts 1977, No. 352, § 5; 1981, No. 512, § 2; A.S.A. 1947, § 82-426.5; Acts 1997, No. 295, § 3; 2001, No. 1242, § 2; 2007, No. 430, § 2; Acts 2009, No. 714, § 2.
Ark. Code Ann. § 20-23-314 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-314
Pressure piping inspections
Status: in_force

(a) The installation of pressure piping shall be periodically inspected during the course of the installation by an inspector commissioned pursuant to the provisions of § 20-23-401 in the manner and with the frequency prescribed by the rules of the Boiler Inspection Division. (b) (1) Upon completion of the installation of any pressure piping, a final inspection shall be made, and the inspector shall complete a final inspection report on a form approved by the Director of the Division of Labor. (2) A copy of the final inspection report shall be filed with the Boiler Inspection Division within thirty (30) days of completion of the installation. (c) If the report required by subsection (b) of this section is not filed within thirty (30) days after completion of the installation, the Boiler Inspection Division shall designate an inspector in its employ to make the inspection and report required by subsection (b) of this section. (d) The inspections and reports required by subsections (a) and (b) of this section may be made by an inspector in the employ of the Boiler Inspection Division. (e) For each inspection made by an inspector employed by the Boiler Inspection Division and required by subsection (a), subsection (b), or subsection (c) of this section, the holder of the installation permit shall pay the Boiler Inspection Division an inspection fee in the amount of four hundred forty dollars ($440) per day or two hundred twenty dollars ($220) per half-day, plus expenses and mileage at the rates authorized for employees of the Division of Labor who furnish their own transportation. (f) The inspections required by this section and the installation permit required for pressure piping by § 20-23-307 shall apply only to new installations and shall not be construed as requiring an inspection or an installation permit for maintenance, repair, or renovation of existing facilities. Amended by Act 2019, No. 315,§ 2057, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5460, eff. 7/1/2019. Acts 1993, No. 477, § 8.

(a) The installation of pressure piping shall be periodically inspected during the course of the installation by an inspector commissioned pursuant to the provisions of § 20-23-401 in the manner and with the frequency prescribed by the rules of the Boiler Inspection Division.

(b) (1) Upon completion of the installation of any pressure piping, a final inspection shall be made, and the inspector shall complete a final inspection report on a form approved by the Director of the Division of Labor. (2) A copy of the final inspection report shall be filed with the Boiler Inspection Division within thirty (30) days of completion of the installation.

(1) Upon completion of the installation of any pressure piping, a final inspection shall be made, and the inspector shall complete a final inspection report on a form approved by the Director of the Division of Labor.

(2) A copy of the final inspection report shall be filed with the Boiler Inspection Division within thirty (30) days of completion of the installation.

(c) If the report required by subsection (b) of this section is not filed within thirty (30) days after completion of the installation, the Boiler Inspection Division shall designate an inspector in its employ to make the inspection and report required by subsection (b) of this section.

(d) The inspections and reports required by subsections (a) and (b) of this section may be made by an inspector in the employ of the Boiler Inspection Division.

(e) For each inspection made by an inspector employed by the Boiler Inspection Division and required by subsection (a), subsection (b), or subsection (c) of this section, the holder of the installation permit shall pay the Boiler Inspection Division an inspection fee in the amount of four hundred forty dollars ($440) per day or two hundred twenty dollars ($220) per half-day, plus expenses and mileage at the rates authorized for employees of the Division of Labor who furnish their own transportation.

(f) The inspections required by this section and the installation permit required for pressure piping by § 20-23-307 shall apply only to new installations and shall not be construed as requiring an inspection or an installation permit for maintenance, repair, or renovation of existing facilities.

Amended by Act 2019, No. 315,§ 2057, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5460, eff. 7/1/2019.

Acts 1993, No. 477, § 8.
Ark. Code Ann. § 20-10-1401 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1401
Definitions
Status: in_force

As used in this subchapter: (1) "Average Direct Care Hours Per Resident Day" means the total number of hours of direct care services provided by direct care staff in a month, divided by the number of calendar days in that month and the facility's average daily resident census for that month; (2) "Certified nursing facility" means a nursing facility licensed by the Department of Human Services that is certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility, or both; (3) (A) "Direct care services" means: (i) Nursing and nursing-related services; (ii) Clinical, diagnostic, therapeutic, and rehabilitative services; (iii) Physical, occupational, respiratory, and speech therapy services; (iv) Delegated physician tasks; (v) Behavioral health services; (vi) Care management, care coordination, and care transition activities; (vii) Medication administration; (viii) Assistance with activities of daily living; (ix) Assessment, evaluation, planning, and implementation of care plans; (x) Coordination and consultation with residents' physicians and other healthcare providers; and (xi) Other services and supports provided for nursing facility residents in response to individual resident needs. (B) "Direct care services" does not include food preparation, laundry, housekeeping, and other maintenance of a nursing facility's physical environment; (4) "Direct care staff" means a person who provides any direct care services to a nursing facility resident through interpersonal contact with residents or resident care management, including without limitation: (A) A licensed nurse; (B) A nurse aide; (C) A medication assistant; (D) A physician; (E) A physician assistant; (F) A licensed physical or occupational therapist or licensed therapy assistant; (G) A registered respiratory therapist; (H) A licensed speech-language pathologist; (I) An infection preventionist; and (J) Other licensed or certified healthcare professionals; (5) "Federal direct care data system" means the national online data reporting system operated by the Centers for Medicare & Medicaid Services and used by nursing facilities participating in the federal Medicare program or the Arkansas Medicaid Program, or both, to electronically report detailed and standardized direct care and other staffing information; (6) "Licensed nurse" means any registered nurse, licensed practical nurse, advanced practice registered nurse, or registered nurse practitioner; (7) "Medicare and Medicaid requirements of participation" means the federal requirements established by the Centers for Medicare & Medicaid Services under 42 U.S.C. § 1320a-7j , 42 U.S.C. § 1395i-3 , and 42 U.S.C. § 1396r , as existing on January 1, 2021, that a licensed nursing facility is required to follow to be certified as compliant with and participate in the federal Medicare program as a skilled nursing facility or the Arkansas Medicaid Program as a nursing facility, or both; (8) "Medication assistant" means any medication assistive person who is qualified and certified under § 17-87-704 ; (9) "Nurse aide" means any certified nurse aide or nurse aide in training consistent with federal and state nurse aide proficiency, training, education, and use requirements; (10) "Nursing facility" means any entity licensed as a nursing facility by the department; (11) "Nursing staff" means any licensed nurses, nurse aides, or medication assistants who are employed or contracted by a nursing facility; and (12) "Private pay-only nursing facility" means a nursing facility licensed by the department that is not certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility. Amended by Act 2021, No. 715,§ 3, eff. 7/28/2021. Acts 1999, No. 1529, § 1; 2001, No. 1397, § 1; 2005, No. 1411, § 1; 2005, No. 1423, § 5; 2005, No. 2191, § 8.

As used in this subchapter:

(1) "Average Direct Care Hours Per Resident Day" means the total number of hours of direct care services provided by direct care staff in a month, divided by the number of calendar days in that month and the facility's average daily resident census for that month;

(2) "Certified nursing facility" means a nursing facility licensed by the Department of Human Services that is certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility, or both;

(3) (A) "Direct care services" means: (i) Nursing and nursing-related services; (ii) Clinical, diagnostic, therapeutic, and rehabilitative services; (iii) Physical, occupational, respiratory, and speech therapy services; (iv) Delegated physician tasks; (v) Behavioral health services; (vi) Care management, care coordination, and care transition activities; (vii) Medication administration; (viii) Assistance with activities of daily living; (ix) Assessment, evaluation, planning, and implementation of care plans; (x) Coordination and consultation with residents' physicians and other healthcare providers; and (xi) Other services and supports provided for nursing facility residents in response to individual resident needs. (B) "Direct care services" does not include food preparation, laundry, housekeeping, and other maintenance of a nursing facility's physical environment;

(A) "Direct care services" means: (i) Nursing and nursing-related services; (ii) Clinical, diagnostic, therapeutic, and rehabilitative services; (iii) Physical, occupational, respiratory, and speech therapy services; (iv) Delegated physician tasks; (v) Behavioral health services; (vi) Care management, care coordination, and care transition activities; (vii) Medication administration; (viii) Assistance with activities of daily living; (ix) Assessment, evaluation, planning, and implementation of care plans; (x) Coordination and consultation with residents' physicians and other healthcare providers; and (xi) Other services and supports provided for nursing facility residents in response to individual resident needs.

(i) Nursing and nursing-related services;

(ii) Clinical, diagnostic, therapeutic, and rehabilitative services;

(iii) Physical, occupational, respiratory, and speech therapy services;

(iv) Delegated physician tasks;

(v) Behavioral health services;

(vi) Care management, care coordination, and care transition activities;

(vii) Medication administration;

(viii) Assistance with activities of daily living;

(ix) Assessment, evaluation, planning, and implementation of care plans;

(x) Coordination and consultation with residents' physicians and other healthcare providers; and

(xi) Other services and supports provided for nursing facility residents in response to individual resident needs.

(B) "Direct care services" does not include food preparation, laundry, housekeeping, and other maintenance of a nursing facility's physical environment;

(4) "Direct care staff" means a person who provides any direct care services to a nursing facility resident through interpersonal contact with residents or resident care management, including without limitation: (A) A licensed nurse; (B) A nurse aide; (C) A medication assistant; (D) A physician; (E) A physician assistant; (F) A licensed physical or occupational therapist or licensed therapy assistant; (G) A registered respiratory therapist; (H) A licensed speech-language pathologist; (I) An infection preventionist; and (J) Other licensed or certified healthcare professionals;

(A) A licensed nurse;

(B) A nurse aide;

(C) A medication assistant;

(D) A physician;

(E) A physician assistant;

(F) A licensed physical or occupational therapist or licensed therapy assistant;

(G) A registered respiratory therapist;

(H) A licensed speech-language pathologist;

(I) An infection preventionist; and

(J) Other licensed or certified healthcare professionals;

(5) "Federal direct care data system" means the national online data reporting system operated by the Centers for Medicare & Medicaid Services and used by nursing facilities participating in the federal Medicare program or the Arkansas Medicaid Program, or both, to electronically report detailed and standardized direct care and other staffing information;

(6) "Licensed nurse" means any registered nurse, licensed practical nurse, advanced practice registered nurse, or registered nurse practitioner;

(7) "Medicare and Medicaid requirements of participation" means the federal requirements established by the Centers for Medicare & Medicaid Services under 42 U.S.C. § 1320a-7j , 42 U.S.C. § 1395i-3 , and 42 U.S.C. § 1396r , as existing on January 1, 2021, that a licensed nursing facility is required to follow to be certified as compliant with and participate in the federal Medicare program as a skilled nursing facility or the Arkansas Medicaid Program as a nursing facility, or both;

(8) "Medication assistant" means any medication assistive person who is qualified and certified under § 17-87-704 ;

(9) "Nurse aide" means any certified nurse aide or nurse aide in training consistent with federal and state nurse aide proficiency, training, education, and use requirements;

(10) "Nursing facility" means any entity licensed as a nursing facility by the department;

(11) "Nursing staff" means any licensed nurses, nurse aides, or medication assistants who are employed or contracted by a nursing facility; and

(12) "Private pay-only nursing facility" means a nursing facility licensed by the department that is not certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility.

Amended by Act 2021, No. 715,§ 3, eff. 7/28/2021.

Acts 1999, No. 1529, § 1; 2001, No. 1397, § 1; 2005, No. 1411, § 1; 2005, No. 1423, § 5; 2005, No. 2191, § 8.
Ark. Code Ann. § 20-18-302 — AR Code / Title 20 / Chapter 18 / Subchapter 3 / Section 20-18-302
Persons required to keep records
Status: in_force

(a) (1) Every person in charge of an institution as defined in this chapter shall keep a record of personal data concerning each person admitted or confined to the institution. (2) The record shall include such information as required by the certificates of birth and death and the reports of fetal death and induced termination of pregnancy forms required by this chapter. (3) The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record. (b) When a dead body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, date of death, name and address of the person to whom the dead body or fetus is released, and date of removal from the institution or if finally disposed of by the institution, the date, place, and manner of disposition shall be recorded. (c) A funeral director, embalmer, sexton, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other report required by this chapter or rules promulgated under this chapter, shall keep a record which shall identify the dead body, and such information pertaining to the receipt, removal, and delivery of the dead body as may be required in rules adopted by the State Board of Health. (d) Records maintained under this section shall be retained for a period of not less than one (1) year and shall be made available for inspection by the State Registrar of Vital Records or his or her representative upon demand. Amended by Act 2019, No. 315,§ 1959, eff. 7/24/2019. Acts 1981, No. 120, § 25; A.S.A. 1947, § 82-525; Acts 1995, No. 1254, § 9.

(a) (1) Every person in charge of an institution as defined in this chapter shall keep a record of personal data concerning each person admitted or confined to the institution. (2) The record shall include such information as required by the certificates of birth and death and the reports of fetal death and induced termination of pregnancy forms required by this chapter. (3) The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.

(1) Every person in charge of an institution as defined in this chapter shall keep a record of personal data concerning each person admitted or confined to the institution.

(2) The record shall include such information as required by the certificates of birth and death and the reports of fetal death and induced termination of pregnancy forms required by this chapter.

(3) The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.

(b) When a dead body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, date of death, name and address of the person to whom the dead body or fetus is released, and date of removal from the institution or if finally disposed of by the institution, the date, place, and manner of disposition shall be recorded.

(c) A funeral director, embalmer, sexton, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other report required by this chapter or rules promulgated under this chapter, shall keep a record which shall identify the dead body, and such information pertaining to the receipt, removal, and delivery of the dead body as may be required in rules adopted by the State Board of Health.

(d) Records maintained under this section shall be retained for a period of not less than one (1) year and shall be made available for inspection by the State Registrar of Vital Records or his or her representative upon demand.

Amended by Act 2019, No. 315,§ 1959, eff. 7/24/2019.

Acts 1981, No. 120, § 25; A.S.A. 1947, § 82-525; Acts 1995, No. 1254, § 9.
Ark. Code Ann. § 20-25-107 — AR Code / Title 20 / Chapter 25 / Section 20-25-107
Administration by Director of the Arkansas Manufactured Home Commission
Status: in_force

(a) The Director of the Arkansas Manufactured Home Commission shall be appointed by the Arkansas Manufactured Home Commission. (b) The director shall administer the code for manufactured homes and the rules promulgated by the commission. (c) (1) The director shall establish an inspection system sufficient to ensure compliance with the code by providing for inspections by members of his or her own inspection staff or by authorized representatives certified by the commission. (2) The director and his or her staff shall have the right to enter and inspect all factories, warehouses, or establishments in which manufactured or modular homes are manufactured. (d) With the approval of the commission, the director shall: (1) Establish reasonable fees for certification, including licensing of manufactured or modular home salespersons and setting up, installing, and anchoring manufactured homes; and (2) Establish monitoring inspection fees in accordance with the guidelines established by the United States Secretary of Housing and Urban Development and provide for participation in the fee distribution system set out in 24 C.F.R. § 3282.307 . (e) Within the limits of appropriation, the director may appoint such employees as he or she may deem necessary for the administration of this chapter. Amended by Act 2019, No. 315,§ 2087, eff. 7/24/2019. Acts 1977, No. 419, § 7; 1981, No. 533, § 7; A.S.A. 1947, § 82-3021; Acts 2005, No. 1235, § 4; 2007, No. 1010, § 2.

(a) The Director of the Arkansas Manufactured Home Commission shall be appointed by the Arkansas Manufactured Home Commission.

(b) The director shall administer the code for manufactured homes and the rules promulgated by the commission.

(c) (1) The director shall establish an inspection system sufficient to ensure compliance with the code by providing for inspections by members of his or her own inspection staff or by authorized representatives certified by the commission. (2) The director and his or her staff shall have the right to enter and inspect all factories, warehouses, or establishments in which manufactured or modular homes are manufactured.

(1) The director shall establish an inspection system sufficient to ensure compliance with the code by providing for inspections by members of his or her own inspection staff or by authorized representatives certified by the commission.

(2) The director and his or her staff shall have the right to enter and inspect all factories, warehouses, or establishments in which manufactured or modular homes are manufactured.

(d) With the approval of the commission, the director shall: (1) Establish reasonable fees for certification, including licensing of manufactured or modular home salespersons and setting up, installing, and anchoring manufactured homes; and (2) Establish monitoring inspection fees in accordance with the guidelines established by the United States Secretary of Housing and Urban Development and provide for participation in the fee distribution system set out in 24 C.F.R. § 3282.307 .

(1) Establish reasonable fees for certification, including licensing of manufactured or modular home salespersons and setting up, installing, and anchoring manufactured homes; and

(2) Establish monitoring inspection fees in accordance with the guidelines established by the United States Secretary of Housing and Urban Development and provide for participation in the fee distribution system set out in 24 C.F.R. § 3282.307 .

(e) Within the limits of appropriation, the director may appoint such employees as he or she may deem necessary for the administration of this chapter.

Amended by Act 2019, No. 315,§ 2087, eff. 7/24/2019.

Acts 1977, No. 419, § 7; 1981, No. 533, § 7; A.S.A. 1947, § 82-3021; Acts 2005, No. 1235, § 4; 2007, No. 1010, § 2.
Ark. Code Ann. § 20-64-706 — AR Code / Title 20 / Chapter 64 / Subchapter 7 / Section 20-64-706
Division of Aging, Adult, and Behavioral Health Services - Rules
Status: in_force

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be responsible for the adoption of all policies and shall make all rules appropriate to the proper accomplishment of its functions under this subchapter and to the allocation of its funds. Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 23, eff. 8/16/2013. Acts 1955, No. 411, § 8; A.S.A. 1947, § 83-708.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be responsible for the adoption of all policies and shall make all rules appropriate to the proper accomplishment of its functions under this subchapter and to the allocation of its funds.

Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 23, eff. 8/16/2013.

Acts 1955, No. 411, § 8; A.S.A. 1947, § 83-708.
Ark. Code Ann. § 20-13-1113 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1113
Confidentiality
Status: in_force

(a) All criminal history checks obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, the Division of Emergency Medical Services, and the person who is the subject of the report. (b) The information contained in criminal history checks shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., except that the Division of Emergency Services shall furnish determinations to qualified entities. Acts 1999, No. 666, § 8.

(a) All criminal history checks obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, the Division of Emergency Medical Services, and the person who is the subject of the report.

(b) The information contained in criminal history checks shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., except that the Division of Emergency Services shall furnish determinations to qualified entities.

Acts 1999, No. 666, § 8.
Ark. Code Ann. § 20-59-101 — AR Code / Title 20 / Chapter 59 / Subchapter 1 / Section 20-59-101
Division of Environmental Health Protection - Regulatory powers and duties
Status: in_force

(a) The Division of Environmental Health Protection of the Department of Health shall assume all regulatory duties, powers, and responsibilities now exercised by the various city or county health departments of the State of Arkansas pertaining to production and distribution of Grade "A" milk and milk products. (b) The division shall provide permits and inspection and laboratory services to all the milk producers, processors, and distributors. Acts 1977, No. 409, § 1; A.S.A. 1947, § 82-4001.

(a) The Division of Environmental Health Protection of the Department of Health shall assume all regulatory duties, powers, and responsibilities now exercised by the various city or county health departments of the State of Arkansas pertaining to production and distribution of Grade "A" milk and milk products.

(b) The division shall provide permits and inspection and laboratory services to all the milk producers, processors, and distributors.

Acts 1977, No. 409, § 1; A.S.A. 1947, § 82-4001.
Ark. Code Ann. § 20-27-2105 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2105
Certification and product change
Status: in_force

(a) A manufacturer shall submit to the Director of Arkansas Tobacco Control a written certification attesting that each cigarette listed in the certification: (1) Has been tested within the last thirty-six (36) months in accordance with § 20-27-2104 ; and (2) Meets the performance standard under § 20-27-2104 . (b) A cigarette listed in the certification shall be described with the following information: (1) Brand or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol or chocolate, if applicable; (6) Filter or nonfilter; (7) Package description, such as soft pack or box; (8) Marking under § 20-27-2106 ; (9) The name, address, and telephone number of the laboratory if different than the manufacturer that conducted the test; and (10) The date that the testing occurred. (c) The director shall make the certifications available to the Attorney General and the Secretary of the Department of Finance and Administration for purposes consistent with this subchapter. (d) A cigarette certified under this section shall be recertified every three (3) years. (e) (1) (A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director. (B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period. (2) The director may adjust annually this fee to ensure it defrays the actual costs of processing, enforcement, and oversight activities required by this subchapter. (f) (1) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this subchapter, the cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards under § 20-27-2104 . (2) An altered cigarette that does not meet the performance standard in § 20-27-2104 shall not be sold in this state. Amended by Act 2019, No. 910,§ 3484, eff. 7/1/2019. Amended by Act 2013, No. 1273,§ 2, eff. 8/16/2013. Acts 2009, No. 697, § 2.

(a) A manufacturer shall submit to the Director of Arkansas Tobacco Control a written certification attesting that each cigarette listed in the certification: (1) Has been tested within the last thirty-six (36) months in accordance with § 20-27-2104 ; and (2) Meets the performance standard under § 20-27-2104 .

(1) Has been tested within the last thirty-six (36) months in accordance with § 20-27-2104 ; and

(2) Meets the performance standard under § 20-27-2104 .

(b) A cigarette listed in the certification shall be described with the following information: (1) Brand or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol or chocolate, if applicable; (6) Filter or nonfilter; (7) Package description, such as soft pack or box; (8) Marking under § 20-27-2106 ; (9) The name, address, and telephone number of the laboratory if different than the manufacturer that conducted the test; and (10) The date that the testing occurred.

(1) Brand or trade name on the package;

(2) Style, such as light or ultra light;

(3) Length in millimeters;

(4) Circumference in millimeters;

(5) Flavor, such as menthol or chocolate, if applicable;

(6) Filter or nonfilter;

(7) Package description, such as soft pack or box;

(8) Marking under § 20-27-2106 ;

(9) The name, address, and telephone number of the laboratory if different than the manufacturer that conducted the test; and

(10) The date that the testing occurred.

(c) The director shall make the certifications available to the Attorney General and the Secretary of the Department of Finance and Administration for purposes consistent with this subchapter.

(d) A cigarette certified under this section shall be recertified every three (3) years.

(e) (1) (A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director. (B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period. (2) The director may adjust annually this fee to ensure it defrays the actual costs of processing, enforcement, and oversight activities required by this subchapter.

(1) (A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director. (B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period.

(A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director.

(B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period.

(2) The director may adjust annually this fee to ensure it defrays the actual costs of processing, enforcement, and oversight activities required by this subchapter.

(f) (1) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this subchapter, the cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards under § 20-27-2104 . (2) An altered cigarette that does not meet the performance standard in § 20-27-2104 shall not be sold in this state.

(1) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this subchapter, the cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards under § 20-27-2104 .

(2) An altered cigarette that does not meet the performance standard in § 20-27-2104 shall not be sold in this state.

Amended by Act 2019, No. 910,§ 3484, eff. 7/1/2019.

Amended by Act 2013, No. 1273,§ 2, eff. 8/16/2013.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-10-208 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-208
Hearings
Status: in_force

(a) (1) A licensee may contest an assessment of a civil penalty or any administrative remedy imposed by the Office of Long-Term Care by sending a written request for a hearing to the Secretary of the Department of Human Services. (2) Requests for hearings shall be received by the secretary within sixty (60) days after receipt by the licensee of the notice of violation and the assessment of any civil penalty or any administrative remedy imposed by the office. (b) (1) The secretary shall assign the appeal to a fair and impartial hearing officer who shall not be a full-time employee of the Department of Human Services. (2) The hearing officer shall preside over the hearing and make findings of fact and conclusions of law in the form of a recommendation to the secretary. (3) The secretary shall review any recommendation and make the final decision. He or she: (A) May approve the recommendation; or (B) May for good cause: (i) Modify the recommendation in whole or in part; or (ii) (a) Remand the recommendation for further proceedings as directed by him or her. (b) If the recommendation is remanded, the hearing officer shall conduct further proceedings as directed by the secretary and shall submit an amended recommendation to the secretary. (4) If the secretary modifies a recommendation, in whole or in part, or if the secretary remands the decision, he or she shall state in writing at the time of the remand or modification all grounds for the remand or modification, including statutory, regulatory, factual, or other grounds. (5) The modification or approval of a recommendation by the secretary shall be the final agency action as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) (1) (A) The department shall commence the hearing within forty-five (45) days of receipt of the request for hearing, and the hearing officer shall notify the Director of the Office of Long-Term Care of the date, time, and place of the hearing. (B) The notification shall be in writing and shall be sent at least twenty (20) days before the hearing date. (C) (i) The licensee may agree in writing to waive the requirement that the department commence the hearing within forty-five (45) days. (ii) If the licensee waives the time limit under subdivision (c)(1) (C)(i) of this section, the hearing officer shall commence the hearing at the time agreed to by the parties. (2) The hearing officer shall issue a recommended decision within ten (10) working days after the close of the hearing, the receipt of the transcript, or the submission of post-trial briefs requested or approved by the hearing officer, whichever is latest. (3) Unless the secretary acts on the recommendation of the hearing officer within sixty (60) days of receipt of the recommendation, the recommendation of the hearing officer shall be final. (4) Assessments shall be paid to the office within thirty (30) working days of receipt of the notice of violation or within thirty (30) working days of receipt of the final agency action in contested cases, unless the matter has been timely appealed to circuit court. (5) Facilities failing to pay assessed civil penalties shall be subject to a corresponding reduction in the succeeding Medicaid vendor payment in lieu of nonpayment. (d) Except to the extent that it is inconsistent with federal law or regulation, a written request for a hearing shall stay until denied by the secretary any enforcement action imposed by the office pending the hearing and the final decision of the secretary. (e) Any party subject to appear before a hearing officer may appear and be heard at any proceeding prescribed in this section or may be represented by an attorney or other designated representative, or both. (f) (1) Upon written request of a licensee, the department shall provide copies of all documents, papers, reports, and other information gathered through inspection or survey that relate to the matter being appealed. (2) The disclosure shall be made no later than ten (10) working days before a scheduled hearing date or by the date specified by the hearing officer. Amended by Act 2019, No. 910,§ 5182, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5181, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5180, eff. 7/1/2019. Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 2005, No. 898, § 3; 2011, No. 1139, § 3.

(a) (1) A licensee may contest an assessment of a civil penalty or any administrative remedy imposed by the Office of Long-Term Care by sending a written request for a hearing to the Secretary of the Department of Human Services. (2) Requests for hearings shall be received by the secretary within sixty (60) days after receipt by the licensee of the notice of violation and the assessment of any civil penalty or any administrative remedy imposed by the office.

(1) A licensee may contest an assessment of a civil penalty or any administrative remedy imposed by the Office of Long-Term Care by sending a written request for a hearing to the Secretary of the Department of Human Services.

(2) Requests for hearings shall be received by the secretary within sixty (60) days after receipt by the licensee of the notice of violation and the assessment of any civil penalty or any administrative remedy imposed by the office.

(b) (1) The secretary shall assign the appeal to a fair and impartial hearing officer who shall not be a full-time employee of the Department of Human Services. (2) The hearing officer shall preside over the hearing and make findings of fact and conclusions of law in the form of a recommendation to the secretary. (3) The secretary shall review any recommendation and make the final decision. He or she: (A) May approve the recommendation; or (B) May for good cause: (i) Modify the recommendation in whole or in part; or (ii) (a) Remand the recommendation for further proceedings as directed by him or her. (b) If the recommendation is remanded, the hearing officer shall conduct further proceedings as directed by the secretary and shall submit an amended recommendation to the secretary. (4) If the secretary modifies a recommendation, in whole or in part, or if the secretary remands the decision, he or she shall state in writing at the time of the remand or modification all grounds for the remand or modification, including statutory, regulatory, factual, or other grounds. (5) The modification or approval of a recommendation by the secretary shall be the final agency action as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The secretary shall assign the appeal to a fair and impartial hearing officer who shall not be a full-time employee of the Department of Human Services.

(2) The hearing officer shall preside over the hearing and make findings of fact and conclusions of law in the form of a recommendation to the secretary.

(3) The secretary shall review any recommendation and make the final decision. He or she: (A) May approve the recommendation; or (B) May for good cause: (i) Modify the recommendation in whole or in part; or (ii) (a) Remand the recommendation for further proceedings as directed by him or her. (b) If the recommendation is remanded, the hearing officer shall conduct further proceedings as directed by the secretary and shall submit an amended recommendation to the secretary.

(A) May approve the recommendation; or

(B) May for good cause: (i) Modify the recommendation in whole or in part; or (ii) (a) Remand the recommendation for further proceedings as directed by him or her. (b) If the recommendation is remanded, the hearing officer shall conduct further proceedings as directed by the secretary and shall submit an amended recommendation to the secretary.

(i) Modify the recommendation in whole or in part; or

(ii) (a) Remand the recommendation for further proceedings as directed by him or her. (b) If the recommendation is remanded, the hearing officer shall conduct further proceedings as directed by the secretary and shall submit an amended recommendation to the secretary.

(a) Remand the recommendation for further proceedings as directed by him or her.

(b) If the recommendation is remanded, the hearing officer shall conduct further proceedings as directed by the secretary and shall submit an amended recommendation to the secretary.

(4) If the secretary modifies a recommendation, in whole or in part, or if the secretary remands the decision, he or she shall state in writing at the time of the remand or modification all grounds for the remand or modification, including statutory, regulatory, factual, or other grounds.

(5) The modification or approval of a recommendation by the secretary shall be the final agency action as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) (1) (A) The department shall commence the hearing within forty-five (45) days of receipt of the request for hearing, and the hearing officer shall notify the Director of the Office of Long-Term Care of the date, time, and place of the hearing. (B) The notification shall be in writing and shall be sent at least twenty (20) days before the hearing date. (C) (i) The licensee may agree in writing to waive the requirement that the department commence the hearing within forty-five (45) days. (ii) If the licensee waives the time limit under subdivision (c)(1) (C)(i) of this section, the hearing officer shall commence the hearing at the time agreed to by the parties. (2) The hearing officer shall issue a recommended decision within ten (10) working days after the close of the hearing, the receipt of the transcript, or the submission of post-trial briefs requested or approved by the hearing officer, whichever is latest. (3) Unless the secretary acts on the recommendation of the hearing officer within sixty (60) days of receipt of the recommendation, the recommendation of the hearing officer shall be final. (4) Assessments shall be paid to the office within thirty (30) working days of receipt of the notice of violation or within thirty (30) working days of receipt of the final agency action in contested cases, unless the matter has been timely appealed to circuit court. (5) Facilities failing to pay assessed civil penalties shall be subject to a corresponding reduction in the succeeding Medicaid vendor payment in lieu of nonpayment.

(1) (A) The department shall commence the hearing within forty-five (45) days of receipt of the request for hearing, and the hearing officer shall notify the Director of the Office of Long-Term Care of the date, time, and place of the hearing. (B) The notification shall be in writing and shall be sent at least twenty (20) days before the hearing date. (C) (i) The licensee may agree in writing to waive the requirement that the department commence the hearing within forty-five (45) days. (ii) If the licensee waives the time limit under subdivision (c)(1) (C)(i) of this section, the hearing officer shall commence the hearing at the time agreed to by the parties.

(A) The department shall commence the hearing within forty-five (45) days of receipt of the request for hearing, and the hearing officer shall notify the Director of the Office of Long-Term Care of the date, time, and place of the hearing.

(B) The notification shall be in writing and shall be sent at least twenty (20) days before the hearing date.

(C) (i) The licensee may agree in writing to waive the requirement that the department commence the hearing within forty-five (45) days. (ii) If the licensee waives the time limit under subdivision (c)(1) (C)(i) of this section, the hearing officer shall commence the hearing at the time agreed to by the parties.

(i) The licensee may agree in writing to waive the requirement that the department commence the hearing within forty-five (45) days.

(ii) If the licensee waives the time limit under subdivision (c)(1) (C)(i) of this section, the hearing officer shall commence the hearing at the time agreed to by the parties.

(2) The hearing officer shall issue a recommended decision within ten (10) working days after the close of the hearing, the receipt of the transcript, or the submission of post-trial briefs requested or approved by the hearing officer, whichever is latest.

(3) Unless the secretary acts on the recommendation of the hearing officer within sixty (60) days of receipt of the recommendation, the recommendation of the hearing officer shall be final.

(4) Assessments shall be paid to the office within thirty (30) working days of receipt of the notice of violation or within thirty (30) working days of receipt of the final agency action in contested cases, unless the matter has been timely appealed to circuit court.

(5) Facilities failing to pay assessed civil penalties shall be subject to a corresponding reduction in the succeeding Medicaid vendor payment in lieu of nonpayment.

(d) Except to the extent that it is inconsistent with federal law or regulation, a written request for a hearing shall stay until denied by the secretary any enforcement action imposed by the office pending the hearing and the final decision of the secretary.

(e) Any party subject to appear before a hearing officer may appear and be heard at any proceeding prescribed in this section or may be represented by an attorney or other designated representative, or both.

(f) (1) Upon written request of a licensee, the department shall provide copies of all documents, papers, reports, and other information gathered through inspection or survey that relate to the matter being appealed. (2) The disclosure shall be made no later than ten (10) working days before a scheduled hearing date or by the date specified by the hearing officer.

(1) Upon written request of a licensee, the department shall provide copies of all documents, papers, reports, and other information gathered through inspection or survey that relate to the matter being appealed.

(2) The disclosure shall be made no later than ten (10) working days before a scheduled hearing date or by the date specified by the hearing officer.

Amended by Act 2019, No. 910,§ 5182, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5181, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5180, eff. 7/1/2019.

Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 2005, No. 898, § 3; 2011, No. 1139, § 3.
Ark. Code Ann. § 20-59-210 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-210
Sampler and grader license
Status: in_force

(a) Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in his or her employ, in or on each milk transport tank truck, a licensed milk sampler and grader. (b) Applications to become a licensed sampler and grader shall be made to the Secretary of the Department of Health upon such forms as he or she may prescribe. (c) An annual license fee of ten dollars ($10.00) shall be required of each person who qualifies for a license. (d) The license shall expire on April 1 of each succeeding year. (e) In order to qualify for a license, the applicant shall satisfy the secretary, either by a written examination or otherwise, that he or she is honest and competent to do sampling work. (f) An identification card stating his or her name and address and bearing the same number as his or her license shall be issued to him or her at the time his or her license is issued and shall be carried on his or her person at all times while on duty. Amended by Act 2019, No. 910,§ 5058, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5057, eff. 7/1/2019. Acts 1941, No. 114, § 4; 1973, No. 98, § 2; A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1.

(a) Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in his or her employ, in or on each milk transport tank truck, a licensed milk sampler and grader.

(b) Applications to become a licensed sampler and grader shall be made to the Secretary of the Department of Health upon such forms as he or she may prescribe.

(c) An annual license fee of ten dollars ($10.00) shall be required of each person who qualifies for a license.

(d) The license shall expire on April 1 of each succeeding year.

(e) In order to qualify for a license, the applicant shall satisfy the secretary, either by a written examination or otherwise, that he or she is honest and competent to do sampling work.

(f) An identification card stating his or her name and address and bearing the same number as his or her license shall be issued to him or her at the time his or her license is issued and shall be carried on his or her person at all times while on duty.

Amended by Act 2019, No. 910,§ 5058, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5057, eff. 7/1/2019.

Acts 1941, No. 114, § 4; 1973, No. 98, § 2; A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1.
Ark. Code Ann. § 20-16-1301 — AR Code / Title 20 / Chapter 16 / Subchapter 13 / Section 20-16-1301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Human Heartbeat Protection Act". Added by Act 2013, No. 301,§ 1, eff. 8/16/2013. See Act 2015, No. 1086, § 4.

This subchapter shall be known and may be cited as the "Arkansas Human Heartbeat Protection Act".

Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.

See Act 2015, No. 1086, § 4.
Ark. Code Ann. § 20-10-108 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-108
Quality of dietary management in long-term care facilities
Status: in_force

(a) Persons responsible for the direction of food services in long-term care facilities having more than fifty (50) beds, at a minimum, shall be: (1) Certified as a certified dietary manager or food service supervisor; or (2) Enrolled in a food service supervisor's course approved by the Office of Long-Term Care. (b) (1) Certified dietary managers or food service supervisors shall be required to complete fifteen (15) hours of continuing education per year. (2) The continuing education courses shall be offered by the Association of Nutrition and Foodservice Professionals or a comparable body and shall be approved by the office in order for the courses to be counted toward completion of the fifteen (15) hours. (c) Long-term care facilities having fifty (50) or fewer beds shall allot adequate hours per week for the certified dietary manager or food service supervisor to perform supervisory duties. Acts 1999, No. 1362, §§ 1-3; 2007, No. 827, § 151.

(a) Persons responsible for the direction of food services in long-term care facilities having more than fifty (50) beds, at a minimum, shall be: (1) Certified as a certified dietary manager or food service supervisor; or (2) Enrolled in a food service supervisor's course approved by the Office of Long-Term Care.

(1) Certified as a certified dietary manager or food service supervisor; or

(2) Enrolled in a food service supervisor's course approved by the Office of Long-Term Care.

(b) (1) Certified dietary managers or food service supervisors shall be required to complete fifteen (15) hours of continuing education per year. (2) The continuing education courses shall be offered by the Association of Nutrition and Foodservice Professionals or a comparable body and shall be approved by the office in order for the courses to be counted toward completion of the fifteen (15) hours.

(1) Certified dietary managers or food service supervisors shall be required to complete fifteen (15) hours of continuing education per year.

(2) The continuing education courses shall be offered by the Association of Nutrition and Foodservice Professionals or a comparable body and shall be approved by the office in order for the courses to be counted toward completion of the fifteen (15) hours.

(c) Long-term care facilities having fifty (50) or fewer beds shall allot adequate hours per week for the certified dietary manager or food service supervisor to perform supervisory duties.

Acts 1999, No. 1362, §§ 1-3; 2007, No. 827, § 151.
Ark. Code Ann. § 20-47-806 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-806
Crisis intervention protocol - Collaborative agreements
Status: in_force

(a) A proposed crisis intervention protocol and crisis intervention team shall include necessary collaborative agreements among the participating hospitals, community health centers, mental health service providers, participating law enforcement agencies, and the facility that is designated as the crisis stabilization unit for the crisis stabilization unit catchment area. (b) (1) A collaborative agreement under subsection (a) of this section shall specify that the facility designated under the collaborative agreement as the crisis stabilization unit is required to accept for screening and triage an individual who is in the custody of or detained by a law enforcement agency if: (A) The law enforcement agency employs: (i) A crisis intervention team officer operating within the crisis stabilization unit catchment area, whether in the field or at a local detention facility; or (ii) A crisis intervention team officer operating within the crisis stabilization unit catchment area and has entered into an agreement with another law enforcement agency to transport an individual to a crisis stabilization unit; and (B) The individual has been taken into custody or is detained because the individual demonstrates the substantial likelihood of committing bodily harm against himself or herself or against another person. (2) A participating partner that is not a law enforcement agency as part of a collaborative agreement under this section shall indemnify a participating law enforcement agency against all acts of negligence that may occur in the course of and scope of the application of a crisis intervention protocol toward another person. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) A proposed crisis intervention protocol and crisis intervention team shall include necessary collaborative agreements among the participating hospitals, community health centers, mental health service providers, participating law enforcement agencies, and the facility that is designated as the crisis stabilization unit for the crisis stabilization unit catchment area.

(b) (1) A collaborative agreement under subsection (a) of this section shall specify that the facility designated under the collaborative agreement as the crisis stabilization unit is required to accept for screening and triage an individual who is in the custody of or detained by a law enforcement agency if: (A) The law enforcement agency employs: (i) A crisis intervention team officer operating within the crisis stabilization unit catchment area, whether in the field or at a local detention facility; or (ii) A crisis intervention team officer operating within the crisis stabilization unit catchment area and has entered into an agreement with another law enforcement agency to transport an individual to a crisis stabilization unit; and (B) The individual has been taken into custody or is detained because the individual demonstrates the substantial likelihood of committing bodily harm against himself or herself or against another person. (2) A participating partner that is not a law enforcement agency as part of a collaborative agreement under this section shall indemnify a participating law enforcement agency against all acts of negligence that may occur in the course of and scope of the application of a crisis intervention protocol toward another person.

(1) A collaborative agreement under subsection (a) of this section shall specify that the facility designated under the collaborative agreement as the crisis stabilization unit is required to accept for screening and triage an individual who is in the custody of or detained by a law enforcement agency if: (A) The law enforcement agency employs: (i) A crisis intervention team officer operating within the crisis stabilization unit catchment area, whether in the field or at a local detention facility; or (ii) A crisis intervention team officer operating within the crisis stabilization unit catchment area and has entered into an agreement with another law enforcement agency to transport an individual to a crisis stabilization unit; and (B) The individual has been taken into custody or is detained because the individual demonstrates the substantial likelihood of committing bodily harm against himself or herself or against another person.

(A) The law enforcement agency employs: (i) A crisis intervention team officer operating within the crisis stabilization unit catchment area, whether in the field or at a local detention facility; or (ii) A crisis intervention team officer operating within the crisis stabilization unit catchment area and has entered into an agreement with another law enforcement agency to transport an individual to a crisis stabilization unit; and

(i) A crisis intervention team officer operating within the crisis stabilization unit catchment area, whether in the field or at a local detention facility; or

(ii) A crisis intervention team officer operating within the crisis stabilization unit catchment area and has entered into an agreement with another law enforcement agency to transport an individual to a crisis stabilization unit; and

(B) The individual has been taken into custody or is detained because the individual demonstrates the substantial likelihood of committing bodily harm against himself or herself or against another person.

(2) A participating partner that is not a law enforcement agency as part of a collaborative agreement under this section shall indemnify a participating law enforcement agency against all acts of negligence that may occur in the course of and scope of the application of a crisis intervention protocol toward another person.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-9-1501 — AR Code / Title 20 / Chapter 9 / Subchapter 15 / Section 20-9-1501
Definitions
Status: in_force

As used in this subchapter: (1) "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender; (2) "Cross-sex hormones" means: (A) Testosterone or other androgens given to biological females in amounts that are larger or more potent than would normally occur naturally in healthy biological sex females; and (B) Estrogen given to biological males in amounts that are larger or more potent than would normally occur naturally in healthy biological sex males; (3) "Gender" means the psychological, behavioral, social, and cultural aspects of being male or female; (4) "Gender reassignment surgery" means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex, in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation, genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition; (5) "Gender transition" means the process in which a person goes from identifying with and living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex, and may involve social, legal, or physical changes; (6) (A) "Gender transition procedures" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to: (i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or (ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. (B) "Gender transition procedures" do not include: (i) 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; (ii) 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; (iii) 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 (iv) 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; (7) "Genital gender reassignment surgery" means a medical procedure performed for the purpose of assisting an individual with a gender transition, including without limitation: (A) Surgical procedures such as penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male patients or hysterectomy or ovariectomy for biologically female patients; (B) Reconstruction of the fixed part of the urethra with or without a metoidioplasty; or (C) Phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular prostheses for biologically female patients; (8) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; (9) "Nongenital gender reassignment surgery" means medical procedures performed for the purpose of assisting an individual with a gender transition including without limitation: (A) Surgical procedures for biologically male patients, such as augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair reconstruction, or various aesthetic procedures; or (B) Surgical procedures for biologically female patients, such as subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants, or various aesthetic procedures; (10) "Physician" means a person who is licensed to practice medicine in this state; (11) "Puberty-blocking drugs" means gonadotropin-releasing hormone analogues or other synthetic drugs used in biological males to stop luteinizing hormone secretion and therefore testosterone secretion, or synthetic drugs used in biological females which stop the production of estrogens and progesterone, when used to delay or suppress pubertal development in children for the purpose of assisting an individual with a gender transition; and (12) "Public funds" means state, county, or local government monies, in addition to any department, agency, or instrumentality authorized or appropriated under state law or derived from any fund in which such moneys are deposited. Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.

As used in this subchapter:

(1) "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender;

(2) "Cross-sex hormones" means: (A) Testosterone or other androgens given to biological females in amounts that are larger or more potent than would normally occur naturally in healthy biological sex females; and (B) Estrogen given to biological males in amounts that are larger or more potent than would normally occur naturally in healthy biological sex males;

(A) Testosterone or other androgens given to biological females in amounts that are larger or more potent than would normally occur naturally in healthy biological sex females; and

(B) Estrogen given to biological males in amounts that are larger or more potent than would normally occur naturally in healthy biological sex males;

(3) "Gender" means the psychological, behavioral, social, and cultural aspects of being male or female;

(4) "Gender reassignment surgery" means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex, in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation, genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition;

(5) "Gender transition" means the process in which a person goes from identifying with and living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex, and may involve social, legal, or physical changes;

(6) (A) "Gender transition procedures" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to: (i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or (ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. (B) "Gender transition procedures" do not include: (i) 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; (ii) 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; (iii) 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 (iv) 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;

(A) "Gender transition procedures" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to: (i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or (ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition.

(i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or

(ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition.

(B) "Gender transition procedures" do not include: (i) 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; (ii) 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; (iii) 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 (iv) 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;

(i) 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;

(ii) 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;

(iii) 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

(iv) 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;

(7) "Genital gender reassignment surgery" means a medical procedure performed for the purpose of assisting an individual with a gender transition, including without limitation: (A) Surgical procedures such as penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male patients or hysterectomy or ovariectomy for biologically female patients; (B) Reconstruction of the fixed part of the urethra with or without a metoidioplasty; or (C) Phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular prostheses for biologically female patients;

(A) Surgical procedures such as penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male patients or hysterectomy or ovariectomy for biologically female patients;

(B) Reconstruction of the fixed part of the urethra with or without a metoidioplasty; or

(C) Phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular prostheses for biologically female patients;

(8) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;

(9) "Nongenital gender reassignment surgery" means medical procedures performed for the purpose of assisting an individual with a gender transition including without limitation: (A) Surgical procedures for biologically male patients, such as augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair reconstruction, or various aesthetic procedures; or (B) Surgical procedures for biologically female patients, such as subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants, or various aesthetic procedures;

(A) Surgical procedures for biologically male patients, such as augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair reconstruction, or various aesthetic procedures; or

(B) Surgical procedures for biologically female patients, such as subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants, or various aesthetic procedures;

(10) "Physician" means a person who is licensed to practice medicine in this state;

(11) "Puberty-blocking drugs" means gonadotropin-releasing hormone analogues or other synthetic drugs used in biological males to stop luteinizing hormone secretion and therefore testosterone secretion, or synthetic drugs used in biological females which stop the production of estrogens and progesterone, when used to delay or suppress pubertal development in children for the purpose of assisting an individual with a gender transition; and

(12) "Public funds" means state, county, or local government monies, in addition to any department, agency, or instrumentality authorized or appropriated under state law or derived from any fund in which such moneys are deposited.

Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-27-1502 — AR Code / Title 20 / Chapter 27 / Subchapter 15 / Section 20-27-1502
[Repealed]
Status: repealed

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021. Amended by Act 2015, No. 1157,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 596,§ 1, eff. 8/16/2013. Acts 2001, No. 414, § 1; 2007, No. 230, § 2; 2009, No. 1212, § 1.

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

Amended by Act 2015, No. 1157,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 596,§ 1, eff. 8/16/2013.

Acts 2001, No. 414, § 1; 2007, No. 230, § 2; 2009, No. 1212, § 1.
Ark. Code Ann. § 20-78-102 — AR Code / Title 20 / Chapter 78 / Subchapter 1 / Section 20-78-102
Arkansas Children's Hospital - Annual report
Status: in_force

In order to provide accountability to the citizens of Arkansas for funds appropriated to a private institution, Arkansas Children's Hospital shall file, annually, a certified annual financial and operations report with the Legislative Joint Auditing Committee and the Chief Fiscal Officer of the State. Acts 1981, No. 204, § 2; 1983, No. 100, § 5; A.S.A. 1947, § 13-366.

In order to provide accountability to the citizens of Arkansas for funds appropriated to a private institution, Arkansas Children's Hospital shall file, annually, a certified annual financial and operations report with the Legislative Joint Auditing Committee and the Chief Fiscal Officer of the State.

Acts 1981, No. 204, § 2; 1983, No. 100, § 5; A.S.A. 1947, § 13-366.
Ark. Code Ann. § 20-10-703 — AR Code / Title 20 / Chapter 10 / Subchapter 7 / Section 20-10-703
Exemptions
Status: in_force

Students who have satisfactorily completed a nursing assistant or aide training program in either a public or private proprietary school licensed by the State of Arkansas are excluded from this subchapter since they will already have attained the skills needed to serve as aides in long-term care facilities. Acts 1987, No. 689, § 4.

Students who have satisfactorily completed a nursing assistant or aide training program in either a public or private proprietary school licensed by the State of Arkansas are excluded from this subchapter since they will already have attained the skills needed to serve as aides in long-term care facilities.

Acts 1987, No. 689, § 4.
Ark. Code Ann. § 20-22-715 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-715
Notice of violation - Hearing
Status: in_force

(a) With reference to the administrative and civil penalties imposed by this subchapter, the State Fire Marshal shall notify the person accused of a violation, setting a time and place for hearing to be held by the State Fire Marshal or his or her designated agent. (b) If the hearing results in a revocation or refusal to renew a license of or the imposition of any civil penalty upon that person, the person adjudged guilty of the violation shall have a right to appeal the decision, for a trial de novo, to the Pulaski County Circuit Court. Amended by Act 2023, No. 841,§ 39, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6019, eff. 7/1/2019. Acts 1961, No. 224, § 11; A.S.A. 1947, § 82-1711. Act 2023, No. 841 purported to amend section 20-22-7015; however, the amendment was implemented in this section to reflect the apparent intent of the legislature.

(a) With reference to the administrative and civil penalties imposed by this subchapter, the State Fire Marshal shall notify the person accused of a violation, setting a time and place for hearing to be held by the State Fire Marshal or his or her designated agent.

(b) If the hearing results in a revocation or refusal to renew a license of or the imposition of any civil penalty upon that person, the person adjudged guilty of the violation shall have a right to appeal the decision, for a trial de novo, to the Pulaski County Circuit Court.

Amended by Act 2023, No. 841,§ 39, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6019, eff. 7/1/2019.

Acts 1961, No. 224, § 11; A.S.A. 1947, § 82-1711.

Act 2023, No. 841 purported to amend section 20-22-7015; however, the amendment was implemented in this section to reflect the apparent intent of the legislature.
Ark. Code Ann. § 20-16-1001 — AR Code / Title 20 / Chapter 16 / Subchapter 10 / Section 20-16-1001
Definitions
Status: in_force

As used in this subchapter: (1) "Asexual reproduction" means reproduction not initiated by the union of oocyte and sperm; (2) "Embryo" means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks of development; (3) "Fetus" means an organism of the species Homo sapiens from eight (8) weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism; (4) "Human cloning" means human asexual reproduction, accomplished by introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism; (5) "Oocyte" means the human female germ cell, the egg; and (6) "Somatic cell" means a diploid cell, having a complete cell of chromosomes, obtained or derived from a living or deceased human body at any stage of development. Acts 2003, No. 607, § 1.

As used in this subchapter:

(1) "Asexual reproduction" means reproduction not initiated by the union of oocyte and sperm;

(2) "Embryo" means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks of development;

(3) "Fetus" means an organism of the species Homo sapiens from eight (8) weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism;

(4) "Human cloning" means human asexual reproduction, accomplished by introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism;

(5) "Oocyte" means the human female germ cell, the egg; and

(6) "Somatic cell" means a diploid cell, having a complete cell of chromosomes, obtained or derived from a living or deceased human body at any stage of development.

Acts 2003, No. 607, § 1.
Ark. Code Ann. § 20-25-102 — AR Code / Title 20 / Chapter 25 / Section 20-25-102
Definitions
Status: in_force

As used in this chapter: (1) "Authorized representative" means any person or employee approved, certified, or hired by the Director of the Arkansas Manufactured Home Commission to perform inspection services; (2) "Code" means standards adopted by the Arkansas Manufactured Home Commission; (3) "Defect" means any defect in the performance, construction, components, or material of a manufactured home that renders the manufactured home or any part of the manufactured home unfit for the ordinary use for which the manufactured home was intended; (4) [Repealed.] (5) "Federal standards" means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and applicable regulations promulgated by the United States Department of Housing and Urban Development when and as adopted by the commission; (6) "Installation" means work done to stabilize, support, or anchor a manufactured home or to join sections of a multisection manufactured home when any such work is governed by rules adopted by the commission; (7) "Installer" means a person, firm, or corporation not otherwise certified who is engaged in the business of installing manufactured homes for himself or herself or on behalf of any other person not certified under this chapter; (8) "Label" means a label issued by the United States Department of Housing and Urban Development or its contract agency to be affixed onto the exterior of the manufactured home to assure compliance with the federal standards; (9) (A) "Manufactured home" means a structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty square feet (320 sq. ft.) or more and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. (B) "Manufactured home" includes the plumbing, heating, air conditioning, and electrical systems contained therein. (C) "Manufactured home" shall include any structure which meets all the requirements of this subdivision (9) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the federal standards; (10) "Manufacturer" means any person, firm, or corporation that manufactures manufactured or modular homes; (11) "Modular home" means a factory-built structure: (A) Produced in accordance with state or local construction codes and standards; and (B) Designed to be used as a dwelling unit with a foundation when connected to the required utilities; (12) "Person" means an individual, partnership, corporation, or other legal entity; and (13) "Retailer" means any person in the business of accepting on consignment, buying for resale, selling, or exchanging manufactured or modular homes or offering them to the public for sale, exchange, or lease-purchase, whether for himself or herself or on behalf of any other person not certified as a retailer under this chapter. Amended by Act 2019, No. 315,§ 2078, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 43, eff. 7/24/2019. Acts 1977, No. 419, § 2; 1981, No. 533, § 2; 1985, No. 314, § 1; A.S.A. 1947, § 82-3016; Acts 2001, No. 1067, § 1; 2005, No. 1235, § 1; 2007, No. 1010, § 1.

As used in this chapter:

(1) "Authorized representative" means any person or employee approved, certified, or hired by the Director of the Arkansas Manufactured Home Commission to perform inspection services;

(2) "Code" means standards adopted by the Arkansas Manufactured Home Commission;

(3) "Defect" means any defect in the performance, construction, components, or material of a manufactured home that renders the manufactured home or any part of the manufactured home unfit for the ordinary use for which the manufactured home was intended;

(4) [Repealed.]

(5) "Federal standards" means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and applicable regulations promulgated by the United States Department of Housing and Urban Development when and as adopted by the commission;

(6) "Installation" means work done to stabilize, support, or anchor a manufactured home or to join sections of a multisection manufactured home when any such work is governed by rules adopted by the commission;

(7) "Installer" means a person, firm, or corporation not otherwise certified who is engaged in the business of installing manufactured homes for himself or herself or on behalf of any other person not certified under this chapter;

(8) "Label" means a label issued by the United States Department of Housing and Urban Development or its contract agency to be affixed onto the exterior of the manufactured home to assure compliance with the federal standards;

(9) (A) "Manufactured home" means a structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty square feet (320 sq. ft.) or more and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. (B) "Manufactured home" includes the plumbing, heating, air conditioning, and electrical systems contained therein. (C) "Manufactured home" shall include any structure which meets all the requirements of this subdivision (9) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the federal standards;

(A) "Manufactured home" means a structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty square feet (320 sq. ft.) or more and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

(B) "Manufactured home" includes the plumbing, heating, air conditioning, and electrical systems contained therein.

(C) "Manufactured home" shall include any structure which meets all the requirements of this subdivision (9) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the federal standards;

(10) "Manufacturer" means any person, firm, or corporation that manufactures manufactured or modular homes;

(11) "Modular home" means a factory-built structure: (A) Produced in accordance with state or local construction codes and standards; and (B) Designed to be used as a dwelling unit with a foundation when connected to the required utilities;

(A) Produced in accordance with state or local construction codes and standards; and

(B) Designed to be used as a dwelling unit with a foundation when connected to the required utilities;

(12) "Person" means an individual, partnership, corporation, or other legal entity; and

(13) "Retailer" means any person in the business of accepting on consignment, buying for resale, selling, or exchanging manufactured or modular homes or offering them to the public for sale, exchange, or lease-purchase, whether for himself or herself or on behalf of any other person not certified as a retailer under this chapter.

Amended by Act 2019, No. 315,§ 2078, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 43, eff. 7/24/2019.

Acts 1977, No. 419, § 2; 1981, No. 533, § 2; 1985, No. 314, § 1; A.S.A. 1947, § 82-3016; Acts 2001, No. 1067, § 1; 2005, No. 1235, § 1; 2007, No. 1010, § 1.
Ark. Code Ann. § 20-77-301 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-301
Action by Department of Human Services
Status: in_force

(a) (1) When medical assistance benefits are provided or will be provided to a medical assistance recipient because of injury, disease, disability, or death for which a third party is or may be liable, the appropriate division of the Department of Human Services may recover from the person the cost of benefits so provided. (2) To enforce the right under subdivision (a)(1) of this section, the department may institute and prosecute legal proceedings against the third person who may be liable. (b) (1) An action taken on behalf of the division under this section or any judgment rendered in the action shall not be a bar to any action upon the claim or cause of action of the recipient, his or her guardian, personal representative, estate, or survivors against the third party who is or may be liable for the injury. (2) An action under this section does not deny to the recipient the recovery for that portion of any damages not covered hereunder. (c) (1) The department may recover from a third party the cost of benefits for medical care provided to indigent persons from third persons, another program administered by the department, or a program administered through another department or agency of state government. (2) The department shall remit to other departments or agencies of state government any amounts recovered, less its pro rata share and costs of collection, for care provided by them. (d) (1) In actions in tort hereunder, no contributory or comparative fault of a recipient shall be attributed to the state, nor shall any restitution awarded to the state be denied or reduced by any amount or percentage of fault attributed to a recipient. (2) Notwithstanding subdivision (d)(1) of this section, if the recipient used a device, machine, or product after being warned, either verbally or in writing, that the use, misuse, or improper operation of the device, machine, or product was dangerous, risky, or could result in injury or harm to the recipient, then the statutory or common law defenses of contributory or comparative fault or negligence that could be asserted by the defendant against the recipient may also be asserted by the defendant in any action by the department or other agency of state government, and if the defenses are supported by the evidence, then recovery may be denied or reduced in the same manner as if the recipient were the plaintiff. Acts 1979, No. 419, § 1; A.S.A. 1947, § 83-171; Acts 1992 (1st Ex. Sess.), No. 54, § 1; 1993, No. 1225, § 1; 2011, No. 625, § 1.

(a) (1) When medical assistance benefits are provided or will be provided to a medical assistance recipient because of injury, disease, disability, or death for which a third party is or may be liable, the appropriate division of the Department of Human Services may recover from the person the cost of benefits so provided. (2) To enforce the right under subdivision (a)(1) of this section, the department may institute and prosecute legal proceedings against the third person who may be liable.

(1) When medical assistance benefits are provided or will be provided to a medical assistance recipient because of injury, disease, disability, or death for which a third party is or may be liable, the appropriate division of the Department of Human Services may recover from the person the cost of benefits so provided.

(2) To enforce the right under subdivision (a)(1) of this section, the department may institute and prosecute legal proceedings against the third person who may be liable.

(b) (1) An action taken on behalf of the division under this section or any judgment rendered in the action shall not be a bar to any action upon the claim or cause of action of the recipient, his or her guardian, personal representative, estate, or survivors against the third party who is or may be liable for the injury. (2) An action under this section does not deny to the recipient the recovery for that portion of any damages not covered hereunder.

(1) An action taken on behalf of the division under this section or any judgment rendered in the action shall not be a bar to any action upon the claim or cause of action of the recipient, his or her guardian, personal representative, estate, or survivors against the third party who is or may be liable for the injury.

(2) An action under this section does not deny to the recipient the recovery for that portion of any damages not covered hereunder.

(c) (1) The department may recover from a third party the cost of benefits for medical care provided to indigent persons from third persons, another program administered by the department, or a program administered through another department or agency of state government. (2) The department shall remit to other departments or agencies of state government any amounts recovered, less its pro rata share and costs of collection, for care provided by them.

(1) The department may recover from a third party the cost of benefits for medical care provided to indigent persons from third persons, another program administered by the department, or a program administered through another department or agency of state government.

(2) The department shall remit to other departments or agencies of state government any amounts recovered, less its pro rata share and costs of collection, for care provided by them.

(d) (1) In actions in tort hereunder, no contributory or comparative fault of a recipient shall be attributed to the state, nor shall any restitution awarded to the state be denied or reduced by any amount or percentage of fault attributed to a recipient. (2) Notwithstanding subdivision (d)(1) of this section, if the recipient used a device, machine, or product after being warned, either verbally or in writing, that the use, misuse, or improper operation of the device, machine, or product was dangerous, risky, or could result in injury or harm to the recipient, then the statutory or common law defenses of contributory or comparative fault or negligence that could be asserted by the defendant against the recipient may also be asserted by the defendant in any action by the department or other agency of state government, and if the defenses are supported by the evidence, then recovery may be denied or reduced in the same manner as if the recipient were the plaintiff.

(1) In actions in tort hereunder, no contributory or comparative fault of a recipient shall be attributed to the state, nor shall any restitution awarded to the state be denied or reduced by any amount or percentage of fault attributed to a recipient.

(2) Notwithstanding subdivision (d)(1) of this section, if the recipient used a device, machine, or product after being warned, either verbally or in writing, that the use, misuse, or improper operation of the device, machine, or product was dangerous, risky, or could result in injury or harm to the recipient, then the statutory or common law defenses of contributory or comparative fault or negligence that could be asserted by the defendant against the recipient may also be asserted by the defendant in any action by the department or other agency of state government, and if the defenses are supported by the evidence, then recovery may be denied or reduced in the same manner as if the recipient were the plaintiff.

Acts 1979, No. 419, § 1; A.S.A. 1947, § 83-171; Acts 1992 (1st Ex. Sess.), No. 54, § 1; 1993, No. 1225, § 1; 2011, No. 625, § 1.
Ark. Code Ann. § 20-59-248 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-248
Incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized not prohibited - Definitions
Status: in_force

(a) For purposes of this section: (1) "Incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized" are those sales where the average monthly number of gallons sold does not exceed five hundred gallons (500 gals.); (2) "Locally produced whole milk products" means whole milk that has been produced on an Arkansas farm; and (3) (A) "Whole milk" means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat. (B) "Whole milk" does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free. (b) This subchapter does not prohibit incidental sales of raw goat milk, raw sheep milk, and whole milk that has not been pasteurized directly to consumers at the farm where the milk is produced or preclude the advertising of incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized. (c) With respect to whole milk that has not been pasteurized, the seller shall: (1) Post at the point of sale a sign that is no smaller than two feet by four feet (2' x 4') that includes the following information in large, clear text: (A) The name and address of the farm with seller's contact information; and (B) The following statement: "This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."; and (2) Affix a label to the bottle or package that includes: (A) The name and address of the farm; and (B) The following statement: "This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product." (d) A farmer who sells fresh whole unpasteurized milk shall permit inspection of his or her cows and barns by his or her customers upon request. Amended by Act 2019, No. 846,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1209,§ 1, eff. 8/16/2013. Acts 1993, No. 816, § 1.

(a) For purposes of this section: (1) "Incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized" are those sales where the average monthly number of gallons sold does not exceed five hundred gallons (500 gals.); (2) "Locally produced whole milk products" means whole milk that has been produced on an Arkansas farm; and (3) (A) "Whole milk" means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat. (B) "Whole milk" does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free.

(1) "Incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized" are those sales where the average monthly number of gallons sold does not exceed five hundred gallons (500 gals.);

(2) "Locally produced whole milk products" means whole milk that has been produced on an Arkansas farm; and

(3) (A) "Whole milk" means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat. (B) "Whole milk" does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free.

(A) "Whole milk" means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat.

(B) "Whole milk" does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free.

(b) This subchapter does not prohibit incidental sales of raw goat milk, raw sheep milk, and whole milk that has not been pasteurized directly to consumers at the farm where the milk is produced or preclude the advertising of incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized.

(c) With respect to whole milk that has not been pasteurized, the seller shall: (1) Post at the point of sale a sign that is no smaller than two feet by four feet (2' x 4') that includes the following information in large, clear text: (A) The name and address of the farm with seller's contact information; and (B) The following statement: "This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."; and (2) Affix a label to the bottle or package that includes: (A) The name and address of the farm; and (B) The following statement: "This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."

(1) Post at the point of sale a sign that is no smaller than two feet by four feet (2' x 4') that includes the following information in large, clear text: (A) The name and address of the farm with seller's contact information; and (B) The following statement: "This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."; and

(A) The name and address of the farm with seller's contact information; and

(B) The following statement: "This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."; and

"This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."; and

(2) Affix a label to the bottle or package that includes: (A) The name and address of the farm; and (B) The following statement: "This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."

(A) The name and address of the farm; and

(B) The following statement: "This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."

"This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product."

(d) A farmer who sells fresh whole unpasteurized milk shall permit inspection of his or her cows and barns by his or her customers upon request.

Amended by Act 2019, No. 846,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1209,§ 1, eff. 8/16/2013.

Acts 1993, No. 816, § 1.
Ark. Code Ann. § 20-15-707 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-707
Commitment
Status: in_force

(a) If upon hearing of the petition the court finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others, the court shall order the commitment of the person to a hospital or sanatorium as petitioned for. (b) The superintendent of the institution to which the person is committed shall direct that the person be placed apart from others and restrained from leaving the institution. Acts 1955, No. 161, §§ 7, 8; A.S.A. 1947, §§ 82-617, 82-618.

(a) If upon hearing of the petition the court finds that the circumstances are not suitable for proper isolation or contagious control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others, the court shall order the commitment of the person to a hospital or sanatorium as petitioned for.

(b) The superintendent of the institution to which the person is committed shall direct that the person be placed apart from others and restrained from leaving the institution.

Acts 1955, No. 161, §§ 7, 8; A.S.A. 1947, §§ 82-617, 82-618.