Ark. Code Ann. § 20-61-305 — AR Code / Title 20 / Chapter 61 / Subchapter 3 / Section 20-61-305
Judicial review
Status: in_force

(a) Any person adversely affected by an act, order, or ruling made by the Director of the Arkansas Bureau of Standards pursuant to the provisions of this subchapter may, within forty-five (45) days thereafter, bring action in the circuit court of the county wherein the violation occurred for judicial review of the action. (b) The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies or, in the absence or inadequacy thereof, any applicable form of legal action including actions for declaratory judgments or writs of prohibitory or mandatory injunctions. Acts 1981, No. 77, § 4; A.S.A. 1947, § 82-995.4.

(a) Any person adversely affected by an act, order, or ruling made by the Director of the Arkansas Bureau of Standards pursuant to the provisions of this subchapter may, within forty-five (45) days thereafter, bring action in the circuit court of the county wherein the violation occurred for judicial review of the action.

(b) The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies or, in the absence or inadequacy thereof, any applicable form of legal action including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.

Acts 1981, No. 77, § 4; A.S.A. 1947, § 82-995.4.
Ark. Code Ann. § 20-77-117 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-117
[Repealed]
Status: repealed

Repealed by Act 2013, No. 279,§ 1, eff. 8/16/2013. Acts 1999, No. 1595, § 2.

Repealed by Act 2013, No. 279,§ 1, eff. 8/16/2013.

Acts 1999, No. 1595, § 2.
Ark. Code Ann. § 20-7-106 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-106
Office
Status: in_force

The office of the State Board of Health shall be located in Little Rock, and the board shall be furnished with all necessary equipment and supplies, including laboratory supplies, books, stationery, blanks, furniture, etc., as are provided other officers of the state and as are necessary for carrying on the work of the board, and the office is to be provided in a suitable building to be designated by the Secretary of the Department of Health. Amended by Act 2019, No. 910,§ 4925, eff. 7/1/2019. Acts 1913, No. 96, § 24; C. & M. Dig., § 5139; Pope's Dig., § 6410; A.S.A. 1947, § 82-102; Acts 2005, No. 1954, § 5; 2007, No. 384, § 6.

The office of the State Board of Health shall be located in Little Rock, and the board shall be furnished with all necessary equipment and supplies, including laboratory supplies, books, stationery, blanks, furniture, etc., as are provided other officers of the state and as are necessary for carrying on the work of the board, and the office is to be provided in a suitable building to be designated by the Secretary of the Department of Health.

Amended by Act 2019, No. 910,§ 4925, eff. 7/1/2019.

Acts 1913, No. 96, § 24; C. & M. Dig., § 5139; Pope's Dig., § 6410; A.S.A. 1947, § 82-102; Acts 2005, No. 1954, § 5; 2007, No. 384, § 6.
Ark. Code Ann. § 20-64-901 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-901
Purpose
Status: in_force

The purpose of this subchapter is to require all persons, partnerships, associations, or corporations holding themselves out to the public as alcohol and drug abuse treatment programs in the State of Arkansas to meet the licensure standards set by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, unless expressly exempted by this subchapter. Amended by Act 2017, No. 913,§ 100, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 31, eff. 8/16/2013. Acts 1995, No. 173, § 1; 2011, No. 228, § 1.

The purpose of this subchapter is to require all persons, partnerships, associations, or corporations holding themselves out to the public as alcohol and drug abuse treatment programs in the State of Arkansas to meet the licensure standards set by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, unless expressly exempted by this subchapter.

Amended by Act 2017, No. 913,§ 100, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 31, eff. 8/16/2013.

Acts 1995, No. 173, § 1; 2011, No. 228, § 1.
Ark. Code Ann. § 20-27-2109 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2109
Inspection
Status: in_force

(a) To enforce the provisions of this subchapter, the Attorney General, the Secretary of the Department of Finance and Administration, the Director of Arkansas Tobacco Control, and their authorized representatives may examine the books, papers, invoices, and other records of a person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. (b) Every person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, or offered for sale shall give the Attorney General, the secretary, the director, and their authorized representatives the means, facilities, and opportunity for the examinations authorized by this section. Amended by Act 2019, No. 910,§ 3487, eff. 7/1/2019. Acts 2009, No. 697, § 2.

(a) To enforce the provisions of this subchapter, the Attorney General, the Secretary of the Department of Finance and Administration, the Director of Arkansas Tobacco Control, and their authorized representatives may examine the books, papers, invoices, and other records of a person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises.

(b) Every person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, or offered for sale shall give the Attorney General, the secretary, the director, and their authorized representatives the means, facilities, and opportunity for the examinations authorized by this section.

Amended by Act 2019, No. 910,§ 3487, eff. 7/1/2019.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-77-2201 — AR Code / Title 20 / Chapter 77 / Subchapter 22 / Section 20-77-2201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 65, eff. 7/1/2023. Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023. Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.

Repealed by Act 2023, No. 365,§ 65, eff. 7/1/2023.

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

Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-9-222 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-222
Certification fee
Status: in_force

The Department of Health may levy and collect a fee for the issuance of an annual certification to child health management services clinics. The certification fee for a child health management services clinic shall be an annual fee of one thousand dollars ($1,000). Acts 1997, No. 574, § 4.

The Department of Health may levy and collect a fee for the issuance of an annual certification to child health management services clinics. The certification fee for a child health management services clinic shall be an annual fee of one thousand dollars ($1,000).

Acts 1997, No. 574, § 4.
Ark. Code Ann. § 20-13-906 — AR Code / Title 20 / Chapter 13 / Subchapter 9 / Section 20-13-906
Rulemaking authority
Status: in_force

(a) Upon the adoption of an Emergency Medical Services Do Not Resuscitate Protocol by the State Board of Health, the Department of Health may adopt a standard form of Do Not Resuscitate Identification to be used statewide. (b) The department shall adopt rules to administer the provisions of this subchapter. Acts 1993, No. 1101, § 6.

(a) Upon the adoption of an Emergency Medical Services Do Not Resuscitate Protocol by the State Board of Health, the Department of Health may adopt a standard form of Do Not Resuscitate Identification to be used statewide.

(b) The department shall adopt rules to administer the provisions of this subchapter.

Acts 1993, No. 1101, § 6.
Ark. Code Ann. § 20-7-708 — AR Code / Title 20 / Chapter 7 / Subchapter 7 / Section 20-7-708
Immunity
Status: in_force

A prescriber or licensed healthcare facility that in good faith reports a suspected drug diversion is immune from civil or criminal liability and disciplinary action by the appropriate licensing board. Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.

A prescriber or licensed healthcare facility that in good faith reports a suspected drug diversion is immune from civil or criminal liability and disciplinary action by the appropriate licensing board.

Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.
Ark. Code Ann. § 20-26-402 — AR Code / Title 20 / Chapter 26 / Subchapter 4 / Section 20-26-402
Door and window screens
Status: in_force

(a) It shall be the duty of every hotel or innkeeper in this state to properly screen with wire cloth or gauze mesh not to be more than 1/32 the doors and windows of the kitchen and dining room, and all openings therein, of the inn or hotel. (b) Any proprietor, lessee, manager, agent, or clerk of an inn or hotel who shall fail or refuse to comply with the requirements of subsection (a) of this section shall be guilty of a violation and upon conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). Acts 1913, No. 242, § 2; C. & M. Dig., § 5560; Pope's Dig., § 7199; A.S.A. 1947, § 71-1115; Acts 2005, No. 1994, § 123.

(a) It shall be the duty of every hotel or innkeeper in this state to properly screen with wire cloth or gauze mesh not to be more than 1/32 the doors and windows of the kitchen and dining room, and all openings therein, of the inn or hotel.

(b) Any proprietor, lessee, manager, agent, or clerk of an inn or hotel who shall fail or refuse to comply with the requirements of subsection (a) of this section shall be guilty of a violation and upon conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

Acts 1913, No. 242, § 2; C. & M. Dig., § 5560; Pope's Dig., § 7199; A.S.A. 1947, § 71-1115; Acts 2005, No. 1994, § 123.
Ark. Code Ann. § 20-47-404 — AR Code / Title 20 / Chapter 47 / Subchapter 4 / Section 20-47-404
Commitment to United States Department of Veterans Affairs and certain other federal hospitals - Transfer
Status: in_force

(a) Upon receipt of a certificate of the United States Department of Veterans Affairs or other agency of the United States stating that facilities are available for the care or treatment of any person who is committed to any hospital for the mentally ill or other institution for the care or treatment of persons similarly afflicted and that the person is eligible for care or treatment, the director of the institution where the person is committed may cause the transfer of the person to the United States Department of Veterans Affairs or other agency of the United States for care or treatment. (b) Upon effecting any transfer, the committing court or proper officer thereof shall be notified of the transfer by the transferring agency. (c) No person shall be transferred to the United States Department of Veterans Affairs or other agency of the United States if he or she is confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of the charge solely on the grounds of insanity unless before transfer the court or other authority originally committing the person shall enter an order for the transfer after appropriate motion and hearing. (d) Any person transferred as provided in this section shall be deemed to be committed to the United States Department of Veterans Affairs or other agency of the United States pursuant to the original commitment. Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.

(a) Upon receipt of a certificate of the United States Department of Veterans Affairs or other agency of the United States stating that facilities are available for the care or treatment of any person who is committed to any hospital for the mentally ill or other institution for the care or treatment of persons similarly afflicted and that the person is eligible for care or treatment, the director of the institution where the person is committed may cause the transfer of the person to the United States Department of Veterans Affairs or other agency of the United States for care or treatment.

(b) Upon effecting any transfer, the committing court or proper officer thereof shall be notified of the transfer by the transferring agency.

(c) No person shall be transferred to the United States Department of Veterans Affairs or other agency of the United States if he or she is confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of the charge solely on the grounds of insanity unless before transfer the court or other authority originally committing the person shall enter an order for the transfer after appropriate motion and hearing.

(d) Any person transferred as provided in this section shall be deemed to be committed to the United States Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.

Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.
Ark. Code Ann. § 20-22-611 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-611
License, permit, or certificate - Qualifications
Status: in_force

(a) For a license to install or service portable fire extinguishers, for a license to sell, install, or service fixed fire protection systems, or for a license to conduct any fire protection sprinkler system business, a person employed by a certified firm shall obtain a license issued by the Arkansas Fire Protection Licensing Board after: (1) Successful completion of the requirements for licensure under rules of the board; and (2) Payment of fees established under rules of the board. (b) A firm shall: (1) Maintain in force at all times while licensed a public liability insurance policy covering its operations and completed operations with a minimum limit of liability of one million dollars ($1,000,000) per occurrence for bodily injury and one hundred thousand dollars ($100,000) per occurrence for property damage or a single limit of liability for bodily injury and property damage of one million dollars ($1,000,000) per occurrence; and (2) File a current certificate of insurance to be maintained with the board. Acts 1977, No. 743, § 7; 1979, No. 862, § 2; 1983, No. 782, § 7; 1985, No. 702, § 6; A.S.A. 1947, § 82-838; Acts 1993, No. 1215, § 8; 1999, No. 1287, § 5; 2009, No. 422, § 11 [10]; 2011, No. 838, § 6; 2011, No. 1121, § 8.

(a) For a license to install or service portable fire extinguishers, for a license to sell, install, or service fixed fire protection systems, or for a license to conduct any fire protection sprinkler system business, a person employed by a certified firm shall obtain a license issued by the Arkansas Fire Protection Licensing Board after: (1) Successful completion of the requirements for licensure under rules of the board; and (2) Payment of fees established under rules of the board.

(1) Successful completion of the requirements for licensure under rules of the board; and

(2) Payment of fees established under rules of the board.

(b) A firm shall: (1) Maintain in force at all times while licensed a public liability insurance policy covering its operations and completed operations with a minimum limit of liability of one million dollars ($1,000,000) per occurrence for bodily injury and one hundred thousand dollars ($100,000) per occurrence for property damage or a single limit of liability for bodily injury and property damage of one million dollars ($1,000,000) per occurrence; and (2) File a current certificate of insurance to be maintained with the board.

(1) Maintain in force at all times while licensed a public liability insurance policy covering its operations and completed operations with a minimum limit of liability of one million dollars ($1,000,000) per occurrence for bodily injury and one hundred thousand dollars ($100,000) per occurrence for property damage or a single limit of liability for bodily injury and property damage of one million dollars ($1,000,000) per occurrence; and

(2) File a current certificate of insurance to be maintained with the board.

Acts 1977, No. 743, § 7; 1979, No. 862, § 2; 1983, No. 782, § 7; 1985, No. 702, § 6; A.S.A. 1947, § 82-838; Acts 1993, No. 1215, § 8; 1999, No. 1287, § 5; 2009, No. 422, § 11 [10]; 2011, No. 838, § 6; 2011, No. 1121, § 8.
Ark. Code Ann. § 20-22-712 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-712
Sales to certain people prohibited
Status: in_force

It shall be unlawful to offer for retail sale or to sell any fireworks to children under twelve (12) years of age or to any person known to be intoxicated or irresponsible. Acts 1961, No. 224, § 5; A.S.A. 1947, § 82-1705.

It shall be unlawful to offer for retail sale or to sell any fireworks to children under twelve (12) years of age or to any person known to be intoxicated or irresponsible.

Acts 1961, No. 224, § 5; A.S.A. 1947, § 82-1705.
Ark. Code Ann. § 20-47-807 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-807
Crisis stabilization units - Operations
Status: in_force

(a) (1) The internal operation of a crisis stabilization unit shall be governed by the administration of a facility designated as the crisis stabilization unit and regulated by the Department of Human Services or a division of the department. (2) All collaborative agreements under § 20-47-806(a) shall be in compliance with the regulatory authorities under subdivision (a)(1) of this section. (b) (1) A facility operating as a crisis stabilization unit under a crisis intervention protocol shall appoint a unit director to oversee the operation of the facility-based service. (2) The unit director shall assure that the services provided are within the guidelines established by the collaborative agreements under § 20-47-806(a) . (c) Notwithstanding any other provision of law, this subchapter does not create an entitlement for any individual to receive psychiatric emergency services at a crisis stabilization unit. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) (1) The internal operation of a crisis stabilization unit shall be governed by the administration of a facility designated as the crisis stabilization unit and regulated by the Department of Human Services or a division of the department. (2) All collaborative agreements under § 20-47-806(a) shall be in compliance with the regulatory authorities under subdivision (a)(1) of this section.

(1) The internal operation of a crisis stabilization unit shall be governed by the administration of a facility designated as the crisis stabilization unit and regulated by the Department of Human Services or a division of the department.

(2) All collaborative agreements under § 20-47-806(a) shall be in compliance with the regulatory authorities under subdivision (a)(1) of this section.

(b) (1) A facility operating as a crisis stabilization unit under a crisis intervention protocol shall appoint a unit director to oversee the operation of the facility-based service. (2) The unit director shall assure that the services provided are within the guidelines established by the collaborative agreements under § 20-47-806(a) .

(1) A facility operating as a crisis stabilization unit under a crisis intervention protocol shall appoint a unit director to oversee the operation of the facility-based service.

(2) The unit director shall assure that the services provided are within the guidelines established by the collaborative agreements under § 20-47-806(a) .

(c) Notwithstanding any other provision of law, this subchapter does not create an entitlement for any individual to receive psychiatric emergency services at a crisis stabilization unit.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-64-211 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-211
Authorized possession of narcotic drugs by individuals
Status: in_force

A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed by a physician, dentist, apothecary, or other person authorized under the provisions of § 20-64-205 , and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same. Acts 1937, No. 344, § 11; Pope's Dig., § 10136; A.S.A. 1947, § 82-1011.

A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed by a physician, dentist, apothecary, or other person authorized under the provisions of § 20-64-205 , and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same.

Acts 1937, No. 344, § 11; Pope's Dig., § 10136; A.S.A. 1947, § 82-1011.
Ark. Code Ann. § 20-9-906 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-906
Duties of State Board of Health
Status: in_force

(a) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Health shall adopt rules to implement this subchapter. (2) Rules governing utilization review plans under this subchapter shall impose no greater requirements than those required for utilization review activities for state-certified health maintenance organizations under the laws of this state, as amended from time to time. (3) Any information required by the board with respect to customers, patients, or utilization review procedures of a private review agent shall be held in confidence and not disclosed to the public. (b) The board shall issue a certificate to an applicant that has met all the requirements of this subchapter and all applicable rules of the board. (c) The board may establish reporting requirements to: (1) Evaluate the effectiveness of private review agents; and (2) Determine if the utilization review programs are in compliance with this subchapter and applicable rules. (d) A certificate issued under this subchapter is not transferrable. Amended by Act 2019, No. 315,§ 1852, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1851, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1850, eff. 7/24/2019. Acts 1989, No. 537, §§ 3, 10.

(a) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Health shall adopt rules to implement this subchapter. (2) Rules governing utilization review plans under this subchapter shall impose no greater requirements than those required for utilization review activities for state-certified health maintenance organizations under the laws of this state, as amended from time to time. (3) Any information required by the board with respect to customers, patients, or utilization review procedures of a private review agent shall be held in confidence and not disclosed to the public.

(1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Health shall adopt rules to implement this subchapter.

(2) Rules governing utilization review plans under this subchapter shall impose no greater requirements than those required for utilization review activities for state-certified health maintenance organizations under the laws of this state, as amended from time to time.

(3) Any information required by the board with respect to customers, patients, or utilization review procedures of a private review agent shall be held in confidence and not disclosed to the public.

(b) The board shall issue a certificate to an applicant that has met all the requirements of this subchapter and all applicable rules of the board.

(c) The board may establish reporting requirements to: (1) Evaluate the effectiveness of private review agents; and (2) Determine if the utilization review programs are in compliance with this subchapter and applicable rules.

(1) Evaluate the effectiveness of private review agents; and

(2) Determine if the utilization review programs are in compliance with this subchapter and applicable rules.

(d) A certificate issued under this subchapter is not transferrable.

Amended by Act 2019, No. 315,§ 1852, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1851, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1850, eff. 7/24/2019.

Acts 1989, No. 537, §§ 3, 10.
Ark. Code Ann. § 20-80-408 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-408
Taxes - Liens - Encumbrances
Status: in_force

(a) With execution of the donation deed, the Commissioner of State Lands may waive outstanding taxes, penalties, and interest within the authority of the office of the Commissioner of State Lands. (b) Other liens or encumbrances attached to the property not within the authority of the Commissioner of State Lands pursuant to § 26-37-101 et seq. will be considered a matter to be resolved between the applicant and the lienholder. Acts 1993, No. 1009, § 9.

(a) With execution of the donation deed, the Commissioner of State Lands may waive outstanding taxes, penalties, and interest within the authority of the office of the Commissioner of State Lands.

(b) Other liens or encumbrances attached to the property not within the authority of the Commissioner of State Lands pursuant to § 26-37-101 et seq. will be considered a matter to be resolved between the applicant and the lienholder.

Acts 1993, No. 1009, § 9.
Ark. Code Ann. § 20-47-101 — AR Code / Title 20 / Chapter 47 / Subchapter 1 / Section 20-47-101
[Repealed]
Status: repealed

Repealed by Act 2017, No. 423,§ 28, eff. 8/1/2017. Crim. Code, § 383; C. & M. Dig., § 5827; Pope's Dig., § 7544; A.S.A. 1947, § 59-102.

Repealed by Act 2017, No. 423,§ 28, eff. 8/1/2017.

Crim. Code, § 383; C. & M. Dig., § 5827; Pope's Dig., § 7544; A.S.A. 1947, § 59-102.
Ark. Code Ann. § 20-19-403 — AR Code / Title 20 / Chapter 19 / Subchapter 4 / Section 20-19-403
Records
Status: in_force

(a) Owners of wolves and wolf-dog hybrids shall maintain all health records of each wolf and wolf-dog hybrid, including health certificates, records of immunization, and any other documentary evidence pertaining to the health and welfare of the animal. (b) The owner shall maintain records of acquisitions and disposals of wolf-dog hybrids, including the name and address of the person with whom a transaction is conducted, with entries being made on the day of the transaction. (c) Records shall be available for inspection by law enforcement personnel at reasonable hours. Acts 2001, No. 1768, § 3.

(a) Owners of wolves and wolf-dog hybrids shall maintain all health records of each wolf and wolf-dog hybrid, including health certificates, records of immunization, and any other documentary evidence pertaining to the health and welfare of the animal.

(b) The owner shall maintain records of acquisitions and disposals of wolf-dog hybrids, including the name and address of the person with whom a transaction is conducted, with entries being made on the day of the transaction.

(c) Records shall be available for inspection by law enforcement personnel at reasonable hours.

Acts 2001, No. 1768, § 3.
Ark. Code Ann. § 20-59-218 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-218
Unlawful acts - Improper centrifuges
Status: in_force

It shall be improper to use other than standard types of centrifuges approved by AOAC International or the American Dairy Science Association. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be improper to use other than standard types of centrifuges approved by AOAC International or the American Dairy Science Association.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-13-811 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-811
Grants for Level II trauma centers
Status: in_force

(a) (1) An entity that meets the preliminary criteria for a Level II trauma center under the rules of the State Board of Health may be eligible for the Level II trauma center start-up grant that is used to qualify for the status of a Level II trauma center and for trauma readiness costs associated with the care of trauma patients. (2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level II trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level II trauma center status within twelve (12) months. (b) (1) An established Level II trauma center may be eligible for a sustaining grant if the Level II trauma center: (A) Has achieved Level II trauma center status and is currently at Level II status; and (B) Demonstrates continued capability to maintain Level II trauma center status. (2) This grant may be an annual grant and may have an annual renewal process for Level II trauma centers that meet the criteria under this subsection. Acts 2009, No. 393, § 1.

(a) (1) An entity that meets the preliminary criteria for a Level II trauma center under the rules of the State Board of Health may be eligible for the Level II trauma center start-up grant that is used to qualify for the status of a Level II trauma center and for trauma readiness costs associated with the care of trauma patients. (2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level II trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level II trauma center status within twelve (12) months.

(1) An entity that meets the preliminary criteria for a Level II trauma center under the rules of the State Board of Health may be eligible for the Level II trauma center start-up grant that is used to qualify for the status of a Level II trauma center and for trauma readiness costs associated with the care of trauma patients.

(2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level II trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level II trauma center status within twelve (12) months.

(A) Meet the preliminary criteria for Level II trauma center status as determined by the Department of Health; and

(B) Demonstrate the capability of fully achieving Level II trauma center status within twelve (12) months.

(b) (1) An established Level II trauma center may be eligible for a sustaining grant if the Level II trauma center: (A) Has achieved Level II trauma center status and is currently at Level II status; and (B) Demonstrates continued capability to maintain Level II trauma center status. (2) This grant may be an annual grant and may have an annual renewal process for Level II trauma centers that meet the criteria under this subsection.

(1) An established Level II trauma center may be eligible for a sustaining grant if the Level II trauma center: (A) Has achieved Level II trauma center status and is currently at Level II status; and (B) Demonstrates continued capability to maintain Level II trauma center status.

(A) Has achieved Level II trauma center status and is currently at Level II status; and

(B) Demonstrates continued capability to maintain Level II trauma center status.

(2) This grant may be an annual grant and may have an annual renewal process for Level II trauma centers that meet the criteria under this subsection.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-17-1010 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1010
Permit - Investigation and issuance by State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services
Status: in_force

(a) If the cemetery company has fully complied with this subchapter and if the Department of Health approves the location of the new cemetery or the extension of the boundaries of an existing cemetery, then the application shall be submitted to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for investigation and for approval or disapproval. (b) Immediately upon the submission of each application, the board shall investigate to determine the fitness of the cemetery company, the need for the cemetery, and all other questions bearing directly or indirectly upon the need or desirability from the public standpoint of the proposed cemetery or extension. (c) (1) (A) If the application for a new cemetery is approved, the board shall issue a permit to the applicant only after the applicant has filed proof with the board that an initial principal deposit of at least five thousand dollars ($5,000) has been made to the permanent maintenance fund. (B) The initial five thousand dollars ($5,000) under subdivision (c)(1)(A) of this section can be used to meet the liability due the permanent maintenance fund for the first paid-in-full burial space sales sold by the permit holder. (2) The permit shall be filed in the court of the county in which the cemetery is located and with the department. Amended by Act 2017, No. 788,§ 39, eff. 7/1/2018. Acts 1977, No. 352, § 10; A.S.A. 1947, § 82-426.10; Acts 1997, No. 295, § 5; 2009, No. 715, § 6.

(a) If the cemetery company has fully complied with this subchapter and if the Department of Health approves the location of the new cemetery or the extension of the boundaries of an existing cemetery, then the application shall be submitted to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for investigation and for approval or disapproval.

(b) Immediately upon the submission of each application, the board shall investigate to determine the fitness of the cemetery company, the need for the cemetery, and all other questions bearing directly or indirectly upon the need or desirability from the public standpoint of the proposed cemetery or extension.

(c) (1) (A) If the application for a new cemetery is approved, the board shall issue a permit to the applicant only after the applicant has filed proof with the board that an initial principal deposit of at least five thousand dollars ($5,000) has been made to the permanent maintenance fund. (B) The initial five thousand dollars ($5,000) under subdivision (c)(1)(A) of this section can be used to meet the liability due the permanent maintenance fund for the first paid-in-full burial space sales sold by the permit holder. (2) The permit shall be filed in the court of the county in which the cemetery is located and with the department.

(1) (A) If the application for a new cemetery is approved, the board shall issue a permit to the applicant only after the applicant has filed proof with the board that an initial principal deposit of at least five thousand dollars ($5,000) has been made to the permanent maintenance fund. (B) The initial five thousand dollars ($5,000) under subdivision (c)(1)(A) of this section can be used to meet the liability due the permanent maintenance fund for the first paid-in-full burial space sales sold by the permit holder.

(A) If the application for a new cemetery is approved, the board shall issue a permit to the applicant only after the applicant has filed proof with the board that an initial principal deposit of at least five thousand dollars ($5,000) has been made to the permanent maintenance fund.

(B) The initial five thousand dollars ($5,000) under subdivision (c)(1)(A) of this section can be used to meet the liability due the permanent maintenance fund for the first paid-in-full burial space sales sold by the permit holder.

(2) The permit shall be filed in the court of the county in which the cemetery is located and with the department.

Amended by Act 2017, No. 788,§ 39, eff. 7/1/2018.

Acts 1977, No. 352, § 10; A.S.A. 1947, § 82-426.10; Acts 1997, No. 295, § 5; 2009, No. 715, § 6.
Ark. Code Ann. § 20-18-404 — AR Code / Title 20 / Chapter 18 / Subchapter 4 / Section 20-18-404
Infants of unknown parentage
Status: in_force

(a) Whoever assumes the custody of a live-born infant of unknown parentage shall report on a form and in a manner prescribed by the State Registrar of Vital Records within ten (10) days to the Division of Vital Records the following information: (1) The date and city or county, or both, of finding; (2) Sex and approximate birth date of child; (3) Name and address of the person or institution with whom the child has been placed for care; (4) Name given to the child by the custodian of the child; and (5) Other data required by the state registrar. (b) The place where the child was found shall be entered as the place of birth. (c) A report registered under this section shall constitute the certificate of birth for the child. (d) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule. Amended by Act 2019, No. 315,§ 1970, eff. 7/24/2019. Acts 1981, No. 120, § 8; A.S.A. 1947, § 82-508; Acts 1995, No. 1254, § 19.

(a) Whoever assumes the custody of a live-born infant of unknown parentage shall report on a form and in a manner prescribed by the State Registrar of Vital Records within ten (10) days to the Division of Vital Records the following information: (1) The date and city or county, or both, of finding; (2) Sex and approximate birth date of child; (3) Name and address of the person or institution with whom the child has been placed for care; (4) Name given to the child by the custodian of the child; and (5) Other data required by the state registrar.

(1) The date and city or county, or both, of finding;

(2) Sex and approximate birth date of child;

(3) Name and address of the person or institution with whom the child has been placed for care;

(4) Name given to the child by the custodian of the child; and

(5) Other data required by the state registrar.

(b) The place where the child was found shall be entered as the place of birth.

(c) A report registered under this section shall constitute the certificate of birth for the child.

(d) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule.

Amended by Act 2019, No. 315,§ 1970, eff. 7/24/2019.

Acts 1981, No. 120, § 8; A.S.A. 1947, § 82-508; Acts 1995, No. 1254, § 19.
Ark. Code Ann. § 20-17-1217 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1217
Other prohibited acts
Status: in_force

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits an unclassified felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both. Acts 2007, No. 839, § 1.

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits an unclassified felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-10-1409 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1409
[Repealed]
Status: repealed

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1903, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5188, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5187, eff. 7/1/2019. Acts 1999, No. 1529, § 9; 2001, No. 1397, § 7; 2003, No. 1473, § 38; 2005, No. 1411, § 8.

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

Amended by Act 2019, No. 315,§ 1903, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5188, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5187, eff. 7/1/2019.

Acts 1999, No. 1529, § 9; 2001, No. 1397, § 7; 2003, No. 1473, § 38; 2005, No. 1411, § 8.
Ark. Code Ann. § 20-14-311 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-311
Organizations holding Section 14 (c)
Status: in_force

(a) As used in this section, "Section 14(c) certificate" means a special certificate issued under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as existing on January 1, 2023. (b) As long as a Section 14(c) certificate is issued by the United States Department of Labor, an organization that holds a Section 14(c) certificate is recognized as legal to employ individuals with disabilities and is protected by this state. Added by Act 2023, No. 339,§ 2, eff. 8/1/2023.

(a) As used in this section, "Section 14(c) certificate" means a special certificate issued under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as existing on January 1, 2023.

(b) As long as a Section 14(c) certificate is issued by the United States Department of Labor, an organization that holds a Section 14(c) certificate is recognized as legal to employ individuals with disabilities and is protected by this state.

Added by Act 2023, No. 339,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 20-77-2607 — AR Code / Title 20 / Chapter 77 / Subchapter 26 / Section 20-77-2607
Construction - Immunity
Status: in_force

(a) This subchapter shall not: (1) Confer upon the caregiver any authority to make healthcare decisions on behalf of the patient; (2) Create a private right of action against a hospital, hospital employee, or duly authorized agent of the hospital; or (3) Remove the obligation of a third-party payer to cover a healthcare item or service that the third-party payer is obligated to provide to a patient under the terms of a valid agreement, insurance policy, plan, or certification of coverage or health maintenance organization contract. (b) A hospital, hospital employee, contractor leaving a contractual relationship with a hospital, or duly authorized agent of a hospital shall not be held liable in any way for an act or omission of the caregiver. Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.

(a) This subchapter shall not: (1) Confer upon the caregiver any authority to make healthcare decisions on behalf of the patient; (2) Create a private right of action against a hospital, hospital employee, or duly authorized agent of the hospital; or (3) Remove the obligation of a third-party payer to cover a healthcare item or service that the third-party payer is obligated to provide to a patient under the terms of a valid agreement, insurance policy, plan, or certification of coverage or health maintenance organization contract.

(1) Confer upon the caregiver any authority to make healthcare decisions on behalf of the patient;

(2) Create a private right of action against a hospital, hospital employee, or duly authorized agent of the hospital; or

(3) Remove the obligation of a third-party payer to cover a healthcare item or service that the third-party payer is obligated to provide to a patient under the terms of a valid agreement, insurance policy, plan, or certification of coverage or health maintenance organization contract.

(b) A hospital, hospital employee, contractor leaving a contractual relationship with a hospital, or duly authorized agent of a hospital shall not be held liable in any way for an act or omission of the caregiver.

Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-77-2403 — AR Code / Title 20 / Chapter 77 / Subchapter 24 / Section 20-77-2403
[Repealed]
Status: repealed

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

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

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

Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 20-76-510 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-510
[Repealed]
Status: repealed

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

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

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-78-506 — AR Code / Title 20 / Chapter 78 / Subchapter 5 / Section 20-78-506
Criteria for grant approval
Status: in_force

The Division of Child Care and Early Childhood Education of the Department of Human Services is authorized to develop and implement criteria for grant approval of interest moneys to be used as authorized in § 20-78-503(d) . Acts 1989, No. 202, § 1; 1997, No. 1132, § 29; 2001, No. 305, § 2.

The Division of Child Care and Early Childhood Education of the Department of Human Services is authorized to develop and implement criteria for grant approval of interest moneys to be used as authorized in § 20-78-503(d) .

Acts 1989, No. 202, § 1; 1997, No. 1132, § 29; 2001, No. 305, § 2.
Ark. Code Ann. § 20-50-103 — AR Code / Title 20 / Chapter 50 / Section 20-50-103
Supplementary agreements
Status: in_force

(a) The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Article VII and Article XI of the compact. (b) In the event that supplementary agreements shall require or contemplate the use of any institution or facility of this state, or require or contemplate the provision of any service by this state, no such agreements shall have force or effect until approved by the head of the department or agency under whose jurisdiction those institutions or facilities are operated or whose department or agency will be charged with the rendering of such service. Acts 1971, No. 433, ch. 9, § 3; A.S.A. 1947, § 59-803.

(a) The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Article VII and Article XI of the compact.

(b) In the event that supplementary agreements shall require or contemplate the use of any institution or facility of this state, or require or contemplate the provision of any service by this state, no such agreements shall have force or effect until approved by the head of the department or agency under whose jurisdiction those institutions or facilities are operated or whose department or agency will be charged with the rendering of such service.

Acts 1971, No. 433, ch. 9, § 3; A.S.A. 1947, § 59-803.
Ark. Code Ann. § 20-76-408 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-408
Appeal to Department of Human Services
Status: in_force

If an application for assistance is denied in whole or in part, the applicant or recipient may appeal to the Department of Human Services in the manner and form prescribed by the department. The department shall, upon receipt of the appeal, give the applicant or recipient a reasonable notice of opportunity for a fair hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1939, No. 280, § 29; A.S.A. 1947, § 83-135; Acts 1997, No. 1058, § 15.

If an application for assistance is denied in whole or in part, the applicant or recipient may appeal to the Department of Human Services in the manner and form prescribed by the department. The department shall, upon receipt of the appeal, give the applicant or recipient a reasonable notice of opportunity for a fair hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1939, No. 280, § 29; A.S.A. 1947, § 83-135; Acts 1997, No. 1058, § 15.
Ark. Code Ann. § 20-30-105 — AR Code / Title 20 / Chapter 30 / Section 20-30-105
Permits - Suspension or revocation
Status: in_force

The Department of Health may suspend or revoke any permit to operate a public swimming pool issued pursuant to this chapter if the department has reasonable cause to believe that the permittee is not in compliance with this chapter or the permittee has repeatedly violated requirements of this chapter. Acts 1987, No. 623, § 5.

The Department of Health may suspend or revoke any permit to operate a public swimming pool issued pursuant to this chapter if the department has reasonable cause to believe that the permittee is not in compliance with this chapter or the permittee has repeatedly violated requirements of this chapter.

Acts 1987, No. 623, § 5.
Ark. Code Ann. § 20-17-203 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-203
When declaration operative
Status: in_force

A declaration becomes operative when: (i) it is communicated to the attending physician; and, (ii) the declarant is determined by the attending physician and another physician in consultation either to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment or to be permanently unconscious. When the declaration becomes operative, the attending physician and other healthcare providers shall act in accordance with its provisions or comply with the transfer provisions of § 20-17-207 . Acts 1987, No. 713, § 3; 1999, No. 1536, § 3.

A declaration becomes operative when:

(i) it is communicated to the attending physician; and,

(ii) the declarant is determined by the attending physician and another physician in consultation either to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment or to be permanently unconscious. When the declaration becomes operative, the attending physician and other healthcare providers shall act in accordance with its provisions or comply with the transfer provisions of § 20-17-207 .

Acts 1987, No. 713, § 3; 1999, No. 1536, § 3.
Ark. Code Ann. § 20-10-1701 — AR Code / Title 20 / Chapter 10 / Subchapter 17 / Section 20-10-1701
Title
Status: in_force

This subchapter shall be known as the "Arkansas Assisted Living Act". Acts 2001, No. 1230, § 1.

This subchapter shall be known as the "Arkansas Assisted Living Act".

Acts 2001, No. 1230, § 1.
Ark. Code Ann. § 20-77-1718 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1718
Termination - Appeals
Status: in_force

(a) A Medicaid provider that is aggrieved by an adverse decision of the Department of Human Services with respect to termination of the provider's certification or Medicaid provider agreement or an action by the department that has the same effect as terminating the provider's certification or Medicaid provider agreement for more than fifteen (15) days may appeal the decision to Pulaski County Circuit Court or in a circuit court in a county in which the provider resides or does business, regardless of whether all administrative remedies have been exhausted. (b) Pending a determination by the circuit court of the matter on appeal, the provider is entitled to an injunction preserving the provider's Medicaid participation upon showing that immediate and irreparable injury, loss, or damage to the provider will result, unless the circuit court determines that preserving the provider's participation is likely to pose a danger to the health or safety of beneficiaries. (c) This section does not apply to an adverse decision resulting from the department's determination that there is a credible allegation of fraud for which an investigation is pending. Added by Act 2013, No. 562,§ 7, eff. 8/16/2013.

(a) A Medicaid provider that is aggrieved by an adverse decision of the Department of Human Services with respect to termination of the provider's certification or Medicaid provider agreement or an action by the department that has the same effect as terminating the provider's certification or Medicaid provider agreement for more than fifteen (15) days may appeal the decision to Pulaski County Circuit Court or in a circuit court in a county in which the provider resides or does business, regardless of whether all administrative remedies have been exhausted.

(b) Pending a determination by the circuit court of the matter on appeal, the provider is entitled to an injunction preserving the provider's Medicaid participation upon showing that immediate and irreparable injury, loss, or damage to the provider will result, unless the circuit court determines that preserving the provider's participation is likely to pose a danger to the health or safety of beneficiaries.

(c) This section does not apply to an adverse decision resulting from the department's determination that there is a credible allegation of fraud for which an investigation is pending.

Added by Act 2013, No. 562,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 20-10-1002 — AR Code / Title 20 / Chapter 10 / Subchapter 10 / Section 20-10-1002
Intent
Status: in_force

It is the intent of the General Assembly to provide protection for those citizens residing in long-term care facilities to assure the residents the highest quality of life while protecting their health and welfare. Acts 1988 (4th Ex. Sess.), No. 17, § 1.

It is the intent of the General Assembly to provide protection for those citizens residing in long-term care facilities to assure the residents the highest quality of life while protecting their health and welfare.

Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Ark. Code Ann. § 20-15-2104 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2104
Eligibility
Status: in_force

In order for a patient to access an investigational drug, biological product, or device under this subchapter, a physician must document in the patient's medical record and chart that the patient: (1) Has a terminal illness; (2) Has a determination from a qualified physician that the patient has no comparable or satisfactory treatment options approved by the United States Food and Drug Administration available to treat the terminal illness and that the probable risk to the patient from the investigational drug, biological product, or device is not greater than the probable risk from the terminal illness; (3) Has been unable to participate in a clinical trial for the terminal illness within one hundred (100) miles of the patient's home address or has not been accepted to the clinical trial within one (1) week of the completion of the clinical trial application process; (4) Has been given a prescription by a physician for an investigational drug, biological product, or device; (5) (A) Has given informed consent in writing for the use of the investigational drug, biological product, or device. (B) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian may provide informed consent on the patient's behalf; and (6) Has received written documentation from a physician that the patient meets the requirements of this subchapter. Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

In order for a patient to access an investigational drug, biological product, or device under this subchapter, a physician must document in the patient's medical record and chart that the patient:

(1) Has a terminal illness;

(2) Has a determination from a qualified physician that the patient has no comparable or satisfactory treatment options approved by the United States Food and Drug Administration available to treat the terminal illness and that the probable risk to the patient from the investigational drug, biological product, or device is not greater than the probable risk from the terminal illness;

(3) Has been unable to participate in a clinical trial for the terminal illness within one hundred (100) miles of the patient's home address or has not been accepted to the clinical trial within one (1) week of the completion of the clinical trial application process;

(4) Has been given a prescription by a physician for an investigational drug, biological product, or device;

(5) (A) Has given informed consent in writing for the use of the investigational drug, biological product, or device. (B) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian may provide informed consent on the patient's behalf; and

(A) Has given informed consent in writing for the use of the investigational drug, biological product, or device.

(B) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian may provide informed consent on the patient's behalf; and

(6) Has received written documentation from a physician that the patient meets the requirements of this subchapter.

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-16-703 — AR Code / Title 20 / Chapter 16 / Subchapter 7 / Section 20-16-703
[Repealed]
Status: repealed

Repealed by Act 2019, No. 700,§ 3, eff. 7/24/2019. Acts 1985, No. 268, § 5; A.S.A. 1947, § 41-2566.

Repealed by Act 2019, No. 700,§ 3, eff. 7/24/2019.

Acts 1985, No. 268, § 5; A.S.A. 1947, § 41-2566.
Ark. Code Ann. § 20-19-402 — AR Code / Title 20 / Chapter 19 / Subchapter 4 / Section 20-19-402
Definition
Status: in_force

As used in this subchapter, "wolf-dog hybrid" means any animal which is publicly acknowledged by its owner as being the offspring of a wolf and domestic dog. No animal may be judged to be a wolf or wolf-dog hybrid based strictly on its appearance. Acts 2001, No. 1768, § 2.

As used in this subchapter, "wolf-dog hybrid" means any animal which is publicly acknowledged by its owner as being the offspring of a wolf and domestic dog. No animal may be judged to be a wolf or wolf-dog hybrid based strictly on its appearance.

Acts 2001, No. 1768, § 2.
Ark. Code Ann. § 20-19-509 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-509
Confiscation
Status: in_force

(a) A large carnivore may be immediately confiscated by a county sheriff's department if: (1) The possessor does not have a permit for personal possession; (2) The possessor does not have the liability insurance coverage required under this subchapter; (3) Conditions under which the large carnivore is kept are directly or indirectly dangerous to human health and safety; or (4) The caging requirements of § 20-19-505 are not met. (b) (1) If a large carnivore is confiscated, the possessor shall be liable for the costs of placement and care for the large carnivore from the time of confiscation until the time the large carnivore has been relocated to an alternative facility. (2) The county sheriff's department shall seek to place the confiscated large carnivore with a wildlife sanctuary, humane society, or an institution accredited by the Association of Zoos and Aquariums. Acts 2005, No. 2226, § 1.

(a) A large carnivore may be immediately confiscated by a county sheriff's department if: (1) The possessor does not have a permit for personal possession; (2) The possessor does not have the liability insurance coverage required under this subchapter; (3) Conditions under which the large carnivore is kept are directly or indirectly dangerous to human health and safety; or (4) The caging requirements of § 20-19-505 are not met.

(1) The possessor does not have a permit for personal possession;

(2) The possessor does not have the liability insurance coverage required under this subchapter;

(3) Conditions under which the large carnivore is kept are directly or indirectly dangerous to human health and safety; or

(4) The caging requirements of § 20-19-505 are not met.

(b) (1) If a large carnivore is confiscated, the possessor shall be liable for the costs of placement and care for the large carnivore from the time of confiscation until the time the large carnivore has been relocated to an alternative facility. (2) The county sheriff's department shall seek to place the confiscated large carnivore with a wildlife sanctuary, humane society, or an institution accredited by the Association of Zoos and Aquariums.

(1) If a large carnivore is confiscated, the possessor shall be liable for the costs of placement and care for the large carnivore from the time of confiscation until the time the large carnivore has been relocated to an alternative facility.

(2) The county sheriff's department shall seek to place the confiscated large carnivore with a wildlife sanctuary, humane society, or an institution accredited by the Association of Zoos and Aquariums.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-14-302 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-302
Penalty
Status: in_force

Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with the admittance to or enjoyment of public facilities and housing accommodations by an individual with visual, hearing, or other physical disabilities or otherwise interferes with the rights of an individual with visual, hearing, or other physical disabilities shall be guilty of a misdemeanor. Acts 1973, No. 484, § 6; 1979, No. 574, § 1; A.S.A. 1947, § 82-2906.

Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with the admittance to or enjoyment of public facilities and housing accommodations by an individual with visual, hearing, or other physical disabilities or otherwise interferes with the rights of an individual with visual, hearing, or other physical disabilities shall be guilty of a misdemeanor.

Acts 1973, No. 484, § 6; 1979, No. 574, § 1; A.S.A. 1947, § 82-2906.
Ark. Code Ann. § 20-77-153 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-153
Redetermination and transition of coverage for postpartum mothers
Status: in_force

(a) The Arkansas Medicaid Program shall redetermine eligibility for postpartum mothers receiving coverage under a Medicaid eligibility category within eight (8) weeks of giving birth and ensure the enrollment and transition of the postpartum mother into any available Medicaid eligibility category before the end of coverage under the existing Medicaid eligibility category. (b) The program shall ensure that the postpartum mother maintains coverage in her existing Medicaid eligibility category only until the transition of coverage is completed and verified by the Department of Human Services. (c) The department shall: (1) Apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section; and (2) Develop and implement any procedure, rule, or policy necessary to implement this section. (d) The department shall report quarterly to the Legislative Council on the number of transitions implemented under this section and any other data or statistics related to the implementation of this section. Added by Act 2024, No. 161,§ 13, eff. 7/1/2024.

(a) The Arkansas Medicaid Program shall redetermine eligibility for postpartum mothers receiving coverage under a Medicaid eligibility category within eight (8) weeks of giving birth and ensure the enrollment and transition of the postpartum mother into any available Medicaid eligibility category before the end of coverage under the existing Medicaid eligibility category.

(b) The program shall ensure that the postpartum mother maintains coverage in her existing Medicaid eligibility category only until the transition of coverage is completed and verified by the Department of Human Services.

(c) The department shall: (1) Apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section; and (2) Develop and implement any procedure, rule, or policy necessary to implement this section.

(1) Apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section; and

(2) Develop and implement any procedure, rule, or policy necessary to implement this section.

(d) The department shall report quarterly to the Legislative Council on the number of transitions implemented under this section and any other data or statistics related to the implementation of this section.

Added by Act 2024, No. 161,§ 13, eff. 7/1/2024.
Ark. Code Ann. § 20-15-803 — AR Code / Title 20 / Chapter 15 / Subchapter 8 / Section 20-15-803
Rules
Status: in_force

(a) The Division of Elementary and Secondary Education, in coordination with the State Board of Health, shall promulgate rules as soon as possible to implement this subchapter. (b) The rules shall provide that: (1) A child is not to be screened if his or her parent or guardian objects to the screening in writing, stating as the basis of the objection that it is contrary to the parent's or guardian's religious beliefs; and (2) A school is not required to hire personnel on a full-time, part-time, or consultant basis to conduct the screening, but shall utilize school health personnel, volunteers, and other school employees who are not classroom teachers and who meet the qualifications prescribed by the rules. Amended by Act 2019, No. 315,§ 1940, eff. 7/24/2019. Amended by Act 2019, No. 843,§ 1, eff. 7/24/2019. Acts 1987, No. 41, § 1.

(a) The Division of Elementary and Secondary Education, in coordination with the State Board of Health, shall promulgate rules as soon as possible to implement this subchapter.

(b) The rules shall provide that: (1) A child is not to be screened if his or her parent or guardian objects to the screening in writing, stating as the basis of the objection that it is contrary to the parent's or guardian's religious beliefs; and (2) A school is not required to hire personnel on a full-time, part-time, or consultant basis to conduct the screening, but shall utilize school health personnel, volunteers, and other school employees who are not classroom teachers and who meet the qualifications prescribed by the rules.

(1) A child is not to be screened if his or her parent or guardian objects to the screening in writing, stating as the basis of the objection that it is contrary to the parent's or guardian's religious beliefs; and

(2) A school is not required to hire personnel on a full-time, part-time, or consultant basis to conduct the screening, but shall utilize school health personnel, volunteers, and other school employees who are not classroom teachers and who meet the qualifications prescribed by the rules.

Amended by Act 2019, No. 315,§ 1940, eff. 7/24/2019.

Amended by Act 2019, No. 843,§ 1, eff. 7/24/2019.

Acts 1987, No. 41, § 1.
Ark. Code Ann. § 20-45-302 — AR Code / Title 20 / Chapter 45 / Subchapter 3 / Section 20-45-302
[Repealed]
Status: repealed

Amended by Act 2023, No. 786,§ 38, eff. 4/12/2023. Repealed by Act 2023, No. 365,§ 62, eff. 7/1/2023. Amended by Act 2019, No. 1091,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2294, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2293, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 60, eff. 8/1/2017. Added by Act 2015, No. 1067,§ 1, eff. 7/22/2015.

Amended by Act 2023, No. 786,§ 38, eff. 4/12/2023.

Repealed by Act 2023, No. 365,§ 62, eff. 7/1/2023.

Amended by Act 2019, No. 1091,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2294, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2293, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 60, eff. 8/1/2017.

Added by Act 2015, No. 1067,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-10-1707 — AR Code / Title 20 / Chapter 10 / Subchapter 17 / Section 20-10-1707
Licensure
Status: in_force

(a) (1) Each assisted living facility in the State of Arkansas shall first obtain a license to operate from the Department of Human Services under § 20-10-224 and the rules promulgated by the department. (2) The department shall promulgate rules for the licensure and operation of assisted living facilities. (b) Any person establishing, conducting, managing, or operating an assisted living facility within the meaning of this subchapter or using the term "assisted living" to promote the facility's services without first having obtained an assisted living license shall be guilty of a Class A misdemeanor and upon conviction shall be subject to the penalties prescribed for a Class A misdemeanor. However, residential care facilities licensed or holding a permit of approval as of April 2, 2001, may use the term "assisted living" to promote their services. (c) Each day that an assisted living facility shall operate after a first conviction shall be considered a Class D felony, and the person establishing, conducting, managing, or operating an assisted living facility upon conviction shall be subject to the penalties prescribed for a Class D felony. Amended by Act 2021, No. 721,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1910, eff. 7/24/2019. Acts 2001, No. 1230, § 7.

(a) (1) Each assisted living facility in the State of Arkansas shall first obtain a license to operate from the Department of Human Services under § 20-10-224 and the rules promulgated by the department. (2) The department shall promulgate rules for the licensure and operation of assisted living facilities.

(1) Each assisted living facility in the State of Arkansas shall first obtain a license to operate from the Department of Human Services under § 20-10-224 and the rules promulgated by the department.

(2) The department shall promulgate rules for the licensure and operation of assisted living facilities.

(b) Any person establishing, conducting, managing, or operating an assisted living facility within the meaning of this subchapter or using the term "assisted living" to promote the facility's services without first having obtained an assisted living license shall be guilty of a Class A misdemeanor and upon conviction shall be subject to the penalties prescribed for a Class A misdemeanor. However, residential care facilities licensed or holding a permit of approval as of April 2, 2001, may use the term "assisted living" to promote their services.

(c) Each day that an assisted living facility shall operate after a first conviction shall be considered a Class D felony, and the person establishing, conducting, managing, or operating an assisted living facility upon conviction shall be subject to the penalties prescribed for a Class D felony.

Amended by Act 2021, No. 721,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1910, eff. 7/24/2019.

Acts 2001, No. 1230, § 7.
Ark. Code Ann. § 20-56-401 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-401
[See Note] Purpose
Status: in_force

It is the intent of this subchapter to provide regulation of certain hemp-derived products to: (1) Prevent the sale and use of illicit hemp-based products within Arkansas; and (2) Protect and promote the public health and welfare of the residents of this state. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

It is the intent of this subchapter to provide regulation of certain hemp-derived products to:

(1) Prevent the sale and use of illicit hemp-based products within Arkansas; and

(2) Protect and promote the public health and welfare of the residents of this state.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-17-1118 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1118
Fee of collector and county clerk
Status: in_force

In collecting annual benefit assessments in any district created under this subchapter, the collector of taxes in any county shall deduct one percent (1%) of the annual benefit assessments or taxes so collected, and retain one-half of one percent (0.5%) as the fee of the collector for collecting the assessments or taxes and pay over the remaining one-half of one percent (0.5%) of the assessments or taxes collected to the county clerk of the county as the fee of the county clerk for extending on the assessment records of the county the annual benefit assessments or taxes. Acts 1957, No. 318, § 15; A.S.A. 1947, § 20-1315.

In collecting annual benefit assessments in any district created under this subchapter, the collector of taxes in any county shall deduct one percent (1%) of the annual benefit assessments or taxes so collected, and retain one-half of one percent (0.5%) as the fee of the collector for collecting the assessments or taxes and pay over the remaining one-half of one percent (0.5%) of the assessments or taxes collected to the county clerk of the county as the fee of the county clerk for extending on the assessment records of the county the annual benefit assessments or taxes.

Acts 1957, No. 318, § 15; A.S.A. 1947, § 20-1315.
Ark. Code Ann. § 20-13-1305 — AR Code / Title 20 / Chapter 13 / Subchapter 13 / Section 20-13-1305
Automated external defibrillator use and tort immunity
Status: in_force

(a) Any person or entity that in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances. (b) The immunity from civil liability for any personal injury under subsection (a) of this section includes: (1) A physician or medical facility that is involved with automated external defibrillator placement; (2) Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and (3) The person or entity responsible for the location where the automated external defibrillator is located or used. (c) The immunity from civil liability under subsection (a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care. (d) The requirements of § 20-13-1304 do not apply to any individual using an automated external defibrillator in an emergency setting if that individual is acting as a "Good Samaritan" under the provisions of either § 17-95-101 or § 17-95-106 . Acts 2005, No. 273, § 1.

(a) Any person or entity that in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.

(b) The immunity from civil liability for any personal injury under subsection (a) of this section includes: (1) A physician or medical facility that is involved with automated external defibrillator placement; (2) Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and (3) The person or entity responsible for the location where the automated external defibrillator is located or used.

(1) A physician or medical facility that is involved with automated external defibrillator placement;

(2) Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and

(3) The person or entity responsible for the location where the automated external defibrillator is located or used.

(c) The immunity from civil liability under subsection (a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.

(d) The requirements of § 20-13-1304 do not apply to any individual using an automated external defibrillator in an emergency setting if that individual is acting as a "Good Samaritan" under the provisions of either § 17-95-101 or § 17-95-106 .

Acts 2005, No. 273, § 1.
Ark. Code Ann. § 20-27-1317 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1317
Injunctive relief
Status: in_force

In addition to all other remedies provided by this subchapter, the Attorney General and the prosecuting attorney of a county may apply to the circuit court or the judge in vacation of the county where the quarry or open pit mine is located for an injunction to restrain, prevent, or abate a public nuisance related to the subjects embraced by this subchapter or any violation of this subchapter or the rules or orders issued under this subchapter. Amended by Act 2019, No. 315,§ 2120, eff. 7/24/2019. Acts 1995, No. 814, § 14.

In addition to all other remedies provided by this subchapter, the Attorney General and the prosecuting attorney of a county may apply to the circuit court or the judge in vacation of the county where the quarry or open pit mine is located for an injunction to restrain, prevent, or abate a public nuisance related to the subjects embraced by this subchapter or any violation of this subchapter or the rules or orders issued under this subchapter.

Amended by Act 2019, No. 315,§ 2120, eff. 7/24/2019.

Acts 1995, No. 814, § 14.
Ark. Code Ann. § 20-13-1402 — AR Code / Title 20 / Chapter 13 / Subchapter 14 / Section 20-13-1402
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Emergency contraception" means a drug approved by the United States Food and Drug Administration that prevents pregnancy after sexual intercourse, including without limitation oral contraceptive pills. (B) "Emergency contraception" does not include RU-486, mifepristone, or any other drug or device that induces a medical abortion; and (2) "Sexual assault survivor" means a female who: (A) Alleges or is alleged to have been the victim of sexual assault or to have been raped; and (B) Presents as a patient for treatment with regard to the sexual assault or rape. Acts 2007, No. 1576, § 1.

As used in this subchapter:

(1) (A) "Emergency contraception" means a drug approved by the United States Food and Drug Administration that prevents pregnancy after sexual intercourse, including without limitation oral contraceptive pills. (B) "Emergency contraception" does not include RU-486, mifepristone, or any other drug or device that induces a medical abortion; and

(A) "Emergency contraception" means a drug approved by the United States Food and Drug Administration that prevents pregnancy after sexual intercourse, including without limitation oral contraceptive pills.

(B) "Emergency contraception" does not include RU-486, mifepristone, or any other drug or device that induces a medical abortion; and

(2) "Sexual assault survivor" means a female who: (A) Alleges or is alleged to have been the victim of sexual assault or to have been raped; and (B) Presents as a patient for treatment with regard to the sexual assault or rape.

(A) Alleges or is alleged to have been the victim of sexual assault or to have been raped; and

(B) Presents as a patient for treatment with regard to the sexual assault or rape.

Acts 2007, No. 1576, § 1.
Ark. Code Ann. § 20-13-1112 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1112
Forms - Rules
Status: in_force

The Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, and the Division of Emergency Medical Services shall cooperate to prepare forms and promulgate consistent rules as necessary to implement this subchapter. Amended by Act 2019, No. 315,§ 1933, eff. 7/24/2019. Acts 1999, No. 666, § 7; 2011, No. 627, § 3.

The Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, and the Division of Emergency Medical Services shall cooperate to prepare forms and promulgate consistent rules as necessary to implement this subchapter.

Amended by Act 2019, No. 315,§ 1933, eff. 7/24/2019.

Acts 1999, No. 666, § 7; 2011, No. 627, § 3.
Ark. Code Ann. § 20-30-106 — AR Code / Title 20 / Chapter 30 / Section 20-30-106
Permits - Fees
Status: in_force

(a) The annual permit fee to operate a public swimming pool shall be twenty-five dollars ($25.00), except as outlined in subsection (b) of this section, due and payable each January 1. The permit fee shall be due and payable before beginning operation of any new public swimming pool and on each January 1 thereafter. (b) If a public swimming pool and a food service establishment are owned and operated at the same location by a common individual, corporation, firm, or other entity, the annual swimming pool permit fee shall be ten dollars ($10.00) due and payable each January 1. (c) The permit fee shall be paid to the Department of Health before a permit is issued, and the permit shall be kept and displayed in a conspicuous manner, properly framed, at the pool for which it was issued. Acts 1987, No. 623, § 6.

(a) The annual permit fee to operate a public swimming pool shall be twenty-five dollars ($25.00), except as outlined in subsection (b) of this section, due and payable each January 1. The permit fee shall be due and payable before beginning operation of any new public swimming pool and on each January 1 thereafter.

(b) If a public swimming pool and a food service establishment are owned and operated at the same location by a common individual, corporation, firm, or other entity, the annual swimming pool permit fee shall be ten dollars ($10.00) due and payable each January 1.

(c) The permit fee shall be paid to the Department of Health before a permit is issued, and the permit shall be kept and displayed in a conspicuous manner, properly framed, at the pool for which it was issued.

Acts 1987, No. 623, § 6.
Ark. Code Ann. § 20-13-817 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-817
Command and communication networks
Status: in_force

(a) The Department of Health shall ensure operation of a call center to facilitate communication and coordination of available resources. (b) The call center shall direct patient transport of critical trauma patients to hospitals with the appropriate capability to provide optimum patient care. (c) The department may contract with entities to provide command and communication networks. Acts 2009, No. 393, § 1.

(a) The Department of Health shall ensure operation of a call center to facilitate communication and coordination of available resources.

(b) The call center shall direct patient transport of critical trauma patients to hospitals with the appropriate capability to provide optimum patient care.

(c) The department may contract with entities to provide command and communication networks.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-83-104 — AR Code / Title 20 / Chapter 83 / Section 20-83-104
Coupon administration
Status: in_force

The Department of Health shall administer the Arkansas Farmers' Market Nutrition Program and shall establish the methods and procedures for selecting sites and issuing, distributing, and redeeming nontaxable nutrition supplement coupons pursuant to the following criteria: (1) Coupons shall be distributed to optimize benefits to the greatest number of nutritionally at-risk individuals and families; (2) Recipients shall receive coupons in an amount not less than ten dollars ($10.00) per year and not in excess of twenty dollars ($20.00) per year; (3) Farmers' markets and farmers or vendors are targeted to optimize the economic benefits to small farmers; and (4) The program operates in compliance with all federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Farmers' Market Nutrition Program criteria, including providing for administrative costs and assurances of civil rights and equal employment opportunity. Acts 1993, No. 1218, § 4.

The Department of Health shall administer the Arkansas Farmers' Market Nutrition Program and shall establish the methods and procedures for selecting sites and issuing, distributing, and redeeming nontaxable nutrition supplement coupons pursuant to the following criteria:

(1) Coupons shall be distributed to optimize benefits to the greatest number of nutritionally at-risk individuals and families;

(2) Recipients shall receive coupons in an amount not less than ten dollars ($10.00) per year and not in excess of twenty dollars ($20.00) per year;

(3) Farmers' markets and farmers or vendors are targeted to optimize the economic benefits to small farmers; and

(4) The program operates in compliance with all federal Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Farmers' Market Nutrition Program criteria, including providing for administrative costs and assurances of civil rights and equal employment opportunity.

Acts 1993, No. 1218, § 4.
Ark. Code Ann. § 20-9-1005 — AR Code / Title 20 / Chapter 9 / Subchapter 10 / Section 20-9-1005
State Board of Health - Powers and duties
Status: in_force

The State Board of Health, after consultation with the Acute Stroke Care Task Force and if funds are available, may promulgate rules to further the intent of this subchapter. Acts 2005, No. 663, § 1.

The State Board of Health, after consultation with the Acute Stroke Care Task Force and if funds are available, may promulgate rules to further the intent of this subchapter.

Acts 2005, No. 663, § 1.
Ark. Code Ann. § 20-9-223 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-223
Medical office licensure
Status: in_force

A medical office owned and operated by a physician or more than one (1) physician may apply for licensure by the State Board of Health as an outpatient surgery center. Added by Act 2013, No. 587,§ 4, eff. 8/16/2013.

A medical office owned and operated by a physician or more than one (1) physician may apply for licensure by the State Board of Health as an outpatient surgery center.

Added by Act 2013, No. 587,§ 4, eff. 8/16/2013.
Ark. Code Ann. § 20-79-201 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-201
Title
Status: in_force

This subchapter may be cited as the "Rehabilitation Act of Arkansas". Acts 1955, No. 43, § 1; 1959, No. 34, § 1; A.S.A. 1947, § 80-2540.

This subchapter may be cited as the "Rehabilitation Act of Arkansas".

Acts 1955, No. 43, § 1; 1959, No. 34, § 1; A.S.A. 1947, § 80-2540.
Ark. Code Ann. § 20-7-602 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-602
Purpose
Status: in_force

The purpose of this subchapter is to protect the state health system and the citizens of Arkansas by: (1) Enhancing patient care by providing prescription monitoring information that will ensure legitimate use of controlled substances in health care, including palliative care, research, and other medical pharmacological uses; (2) Helping curtail the misuse and abuse of controlled substances; (3) Assisting in combating illegal trade in and diversion of controlled substances; and (4) Enabling access to prescription information by practitioners, law enforcement agents, and other authorized individuals and agencies and to make prescription information available to practitioners, law enforcement agents, and other authorized individuals and agencies in other states. Acts 2011, No. 304, § 1.

The purpose of this subchapter is to protect the state health system and the citizens of Arkansas by:

(1) Enhancing patient care by providing prescription monitoring information that will ensure legitimate use of controlled substances in health care, including palliative care, research, and other medical pharmacological uses;

(2) Helping curtail the misuse and abuse of controlled substances;

(3) Assisting in combating illegal trade in and diversion of controlled substances; and

(4) Enabling access to prescription information by practitioners, law enforcement agents, and other authorized individuals and agencies and to make prescription information available to practitioners, law enforcement agents, and other authorized individuals and agencies in other states.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-77-1910 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1910
State plan amendment
Status: in_force

(a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of hospital access payments under § 20-77-1908 , no later than forty-five (45) days after March 24, 2009. (b) If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall: (1) Not implement the assessment imposed under § 20-77-1902 ; and (2) Return any assessment fees to the hospitals that paid the fees if assessment fees have been collected. Acts 2009, No. 562, § 1.

(a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of hospital access payments under § 20-77-1908 , no later than forty-five (45) days after March 24, 2009.

(b) If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall: (1) Not implement the assessment imposed under § 20-77-1902 ; and (2) Return any assessment fees to the hospitals that paid the fees if assessment fees have been collected.

(1) Not implement the assessment imposed under § 20-77-1902 ; and

(2) Return any assessment fees to the hospitals that paid the fees if assessment fees have been collected.

Acts 2009, No. 562, § 1.
Ark. Code Ann. § 20-16-1603 — AR Code / Title 20 / Chapter 16 / Subchapter 16 / Section 20-16-1603
Construction
Status: in_force

(a) (1) This subchapter does not affect the funding of a hospital, medical school, or university. (2) The restrictions under § 20-16-1602 apply to funding available through the Arkansas Medicaid Program. (b) This subchapter does not create or recognize: (1) A right to an abortion; or (2) A right to public funds, a contract, or a grant. Amended by Act 2021, No. 358,§ 1, eff. 7/28/2021. Added by Act 2015, No. 996,§ 2, eff. 7/22/2015.

(a) (1) This subchapter does not affect the funding of a hospital, medical school, or university. (2) The restrictions under § 20-16-1602 apply to funding available through the Arkansas Medicaid Program.

(1) This subchapter does not affect the funding of a hospital, medical school, or university.

(2) The restrictions under § 20-16-1602 apply to funding available through the Arkansas Medicaid Program.

(b) This subchapter does not create or recognize: (1) A right to an abortion; or (2) A right to public funds, a contract, or a grant.

(1) A right to an abortion; or

(2) A right to public funds, a contract, or a grant.

Amended by Act 2021, No. 358,§ 1, eff. 7/28/2021.

Added by Act 2015, No. 996,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-9-802 — AR Code / Title 20 / Chapter 9 / Subchapter 8 / Section 20-9-802
Limitation of liability
Status: in_force

No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferring any tissue, organ, blood, or component thereof from one (1) or more human beings, living or dead, to another human being, shall be liable as the result of the activity, except that each such person or entity shall remain liable for negligence or willful misconduct only. Acts 1971, No. 462, § 2; A.S.A. 1947, § 82-1608.

No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferring any tissue, organ, blood, or component thereof from one (1) or more human beings, living or dead, to another human being, shall be liable as the result of the activity, except that each such person or entity shall remain liable for negligence or willful misconduct only.

Acts 1971, No. 462, § 2; A.S.A. 1947, § 82-1608.
Ark. Code Ann. § 20-79-401 — AR Code / Title 20 / Chapter 79 / Subchapter 4 / Section 20-79-401
Statewide program established
Status: in_force

(a) (1) Arkansas Rehabilitation Services is hereby directed to establish, administer, staff, and promote a statewide program to provide access to public telecommunications services by residents of Arkansas who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network. This program will enable these individuals to access specialized devices or services for telecommunications network access that is functionally equivalent to that enjoyed by individuals without disabilities. (2) This program shall include, but is not limited to: (A) The purchase and distribution of telecommunications devices and related devices for the persons who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network; (B) The promulgation of procedures, rules, and criteria necessary to implement and administer this program, including accountability measures which utilize consumer participation in the selection and evaluation of equipment and the eligibility of applicants; and (C) Other actions as may be necessary to implement and administer this program which are not otherwise prohibited by law. (b) Arkansas Rehabilitation Services shall employ at least one (1) full-time staff person to administer the equipment distribution program and may employ any additional support personnel for the program from within existing staff resources to assure statewide coverage for the program. Amended by Act 2019, No. 315,§ 2306, eff. 7/24/2019. Acts 1995, No. 501, § 1; 2001, No. 530, § 2.

(a) (1) Arkansas Rehabilitation Services is hereby directed to establish, administer, staff, and promote a statewide program to provide access to public telecommunications services by residents of Arkansas who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network. This program will enable these individuals to access specialized devices or services for telecommunications network access that is functionally equivalent to that enjoyed by individuals without disabilities. (2) This program shall include, but is not limited to: (A) The purchase and distribution of telecommunications devices and related devices for the persons who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network; (B) The promulgation of procedures, rules, and criteria necessary to implement and administer this program, including accountability measures which utilize consumer participation in the selection and evaluation of equipment and the eligibility of applicants; and (C) Other actions as may be necessary to implement and administer this program which are not otherwise prohibited by law.

(1) Arkansas Rehabilitation Services is hereby directed to establish, administer, staff, and promote a statewide program to provide access to public telecommunications services by residents of Arkansas who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network. This program will enable these individuals to access specialized devices or services for telecommunications network access that is functionally equivalent to that enjoyed by individuals without disabilities.

(2) This program shall include, but is not limited to: (A) The purchase and distribution of telecommunications devices and related devices for the persons who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network; (B) The promulgation of procedures, rules, and criteria necessary to implement and administer this program, including accountability measures which utilize consumer participation in the selection and evaluation of equipment and the eligibility of applicants; and (C) Other actions as may be necessary to implement and administer this program which are not otherwise prohibited by law.

(A) The purchase and distribution of telecommunications devices and related devices for the persons who are deaf, hard of hearing, deaf and blind, severely speech-impaired, or who have other disabilities that impair their ability to effectively access the telecommunications network;

(B) The promulgation of procedures, rules, and criteria necessary to implement and administer this program, including accountability measures which utilize consumer participation in the selection and evaluation of equipment and the eligibility of applicants; and

(C) Other actions as may be necessary to implement and administer this program which are not otherwise prohibited by law.

(b) Arkansas Rehabilitation Services shall employ at least one (1) full-time staff person to administer the equipment distribution program and may employ any additional support personnel for the program from within existing staff resources to assure statewide coverage for the program.

Amended by Act 2019, No. 315,§ 2306, eff. 7/24/2019.

Acts 1995, No. 501, § 1; 2001, No. 530, § 2.
Ark. Code Ann. § 20-46-505 — AR Code / Title 20 / Chapter 46 / Subchapter 5 / Section 20-46-505
Procedures
Status: in_force

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in exercising any power authorized by this subchapter. Amended by Act 2017, No. 913,§ 72, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013. Acts 1987, No. 648, § 5.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in exercising any power authorized by this subchapter.

Amended by Act 2017, No. 913,§ 72, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.

Acts 1987, No. 648, § 5.
Ark. Code Ann. § 20-18-306 — AR Code / Title 20 / Chapter 18 / Subchapter 3 / Section 20-18-306
Fees for certified copies
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, all fees for certified copies of vital records or vital reports under this chapter are listed in § 20-7-123 . (b) (1) Certified copies of the records shall be furnished to veterans or their dependents without costs when the Department of Veterans Affairs requires certified copies of the records. (2) Any veteran or his or her dependents shall make application and shall execute an unnotarized affidavit that he or she is a veteran or a dependent of a veteran in order to obtain the free certified copy of any vital record. (3) Any person who falsely or fraudulently makes an application and unnotarized affidavit that he or she is a veteran or a dependent of a veteran when the person is not a veteran or a dependent of a veteran shall be guilty of a misdemeanor. Upon conviction, the person shall be subject to a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) or imprisonment for not less than thirty (30) days nor more than six (6) months, or both fine and imprisonment. (c) Certified copies of the records shall be furnished to the Department of Corrections on behalf on a state inmate without costs when requested as release documentation for the state inmate. Amended by Act 2023, No. 659,§ 243, eff. 1/1/2024. Amended by Act 2023, No. 506,§ 3, eff. 8/1/2023. Acts 1981, No. 120, § 24; 1985, No. 351, §§ 3, 4; A.S.A. 1947, § 82-524; Acts 1989, No. 396, § 5; 1995, No. 1254, § 13.

(a) Except as provided in subsections (b) and (c) of this section, all fees for certified copies of vital records or vital reports under this chapter are listed in § 20-7-123 .

(b) (1) Certified copies of the records shall be furnished to veterans or their dependents without costs when the Department of Veterans Affairs requires certified copies of the records. (2) Any veteran or his or her dependents shall make application and shall execute an unnotarized affidavit that he or she is a veteran or a dependent of a veteran in order to obtain the free certified copy of any vital record. (3) Any person who falsely or fraudulently makes an application and unnotarized affidavit that he or she is a veteran or a dependent of a veteran when the person is not a veteran or a dependent of a veteran shall be guilty of a misdemeanor. Upon conviction, the person shall be subject to a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) or imprisonment for not less than thirty (30) days nor more than six (6) months, or both fine and imprisonment.

(1) Certified copies of the records shall be furnished to veterans or their dependents without costs when the Department of Veterans Affairs requires certified copies of the records.

(2) Any veteran or his or her dependents shall make application and shall execute an unnotarized affidavit that he or she is a veteran or a dependent of a veteran in order to obtain the free certified copy of any vital record.

(3) Any person who falsely or fraudulently makes an application and unnotarized affidavit that he or she is a veteran or a dependent of a veteran when the person is not a veteran or a dependent of a veteran shall be guilty of a misdemeanor. Upon conviction, the person shall be subject to a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) or imprisonment for not less than thirty (30) days nor more than six (6) months, or both fine and imprisonment.

(c) Certified copies of the records shall be furnished to the Department of Corrections on behalf on a state inmate without costs when requested as release documentation for the state inmate.

Amended by Act 2023, No. 659,§ 243, eff. 1/1/2024.

Amended by Act 2023, No. 506,§ 3, eff. 8/1/2023.

Acts 1981, No. 120, § 24; 1985, No. 351, §§ 3, 4; A.S.A. 1947, § 82-524; Acts 1989, No. 396, § 5; 1995, No. 1254, § 13.
Ark. Code Ann. § 20-16-2101 — AR Code / Title 20 / Chapter 16 / Subchapter 21 / Section 20-16-2101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Down Syndrome Discrimination by Abortion Prohibition Act". Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Down Syndrome Discrimination by Abortion Prohibition Act".

Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-15-2101 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Right to Try Act". Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Right to Try Act".

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-64-829 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-829
False statements - Penalty
Status: in_force

Any person willfully making false statements on a petition for involuntary commitment, petition for involuntary commitment with request for continued detention, or petition for involuntary commitment with request for immediate detention, or who willfully makes false statements for the purpose of inducing another to bring such a petition, knowing the statements to be false, or with reckless disregard as to the truthfulness of the statements shall be guilty of a Class A misdemeanor. Acts 1989 (3rd Ex. Sess.), No. 10, § 18.

Any person willfully making false statements on a petition for involuntary commitment, petition for involuntary commitment with request for continued detention, or petition for involuntary commitment with request for immediate detention, or who willfully makes false statements for the purpose of inducing another to bring such a petition, knowing the statements to be false, or with reckless disregard as to the truthfulness of the statements shall be guilty of a Class A misdemeanor.

Acts 1989 (3rd Ex. Sess.), No. 10, § 18.
Ark. Code Ann. § 20-77-404 — AR Code / Title 20 / Chapter 77 / Subchapter 4 / Section 20-77-404
Approval from United States Department of Health and Human Services
Status: in_force

(a) The Secretary of the Department of Human Services and the deputy director are directed to seek approval by the United States Department of Health and Human Services of the provisions of this subchapter so as to qualify this program for maximum contributions from the United States Department of Health and Human Services under its regulations until those regulations are declared invalid or modified. (b) If, and to the extent that, the United States Department of Health and Human Services hereafter makes any valid rule that any provision of this subchapter disqualifies this program for the maximum contribution, the secretary and the deputy director are directed to comply with any ruling to the extent necessary to qualify for the maximum contribution. Amended by Act 2019, No. 910,§ 5225, eff. 7/1/2019. Acts 1983, No. 518, § 4; A.S.A. 1947, § 83-174.3.

(a) The Secretary of the Department of Human Services and the deputy director are directed to seek approval by the United States Department of Health and Human Services of the provisions of this subchapter so as to qualify this program for maximum contributions from the United States Department of Health and Human Services under its regulations until those regulations are declared invalid or modified.

(b) If, and to the extent that, the United States Department of Health and Human Services hereafter makes any valid rule that any provision of this subchapter disqualifies this program for the maximum contribution, the secretary and the deputy director are directed to comply with any ruling to the extent necessary to qualify for the maximum contribution.

Amended by Act 2019, No. 910,§ 5225, eff. 7/1/2019.

Acts 1983, No. 518, § 4; A.S.A. 1947, § 83-174.3.
Ark. Code Ann. § 20-59-229 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-229
Unlawful acts - Cream graded for buttermaking - Price differential
Status: in_force

It shall be unlawful to purchase or receive cream for buttermaking purposes except on the basis of the following grades: Sweet cream, first grade and second grade. Every person shall buy or receive cream on a grade basis, and each grade shall be kept and shipped so as to arrive within forty-eight (48) hours after the date of purchase at a dairy products manufacturing plant. The cream shall be shipped in a separate can plainly marked to indicate the grade therein and the date graded, and the person buying or receiving the cream shall maintain a price differential between grades on a recognized established differential. This differential shall be a minimum of two cents (2¢) per pound of butterfat between first grade cream and second grade cream. Acts 1941, No. 114, § 3; A.S.A 1947, § 82-914.

It shall be unlawful to purchase or receive cream for buttermaking purposes except on the basis of the following grades: Sweet cream, first grade and second grade. Every person shall buy or receive cream on a grade basis, and each grade shall be kept and shipped so as to arrive within forty-eight (48) hours after the date of purchase at a dairy products manufacturing plant. The cream shall be shipped in a separate can plainly marked to indicate the grade therein and the date graded, and the person buying or receiving the cream shall maintain a price differential between grades on a recognized established differential. This differential shall be a minimum of two cents (2¢) per pound of butterfat between first grade cream and second grade cream.

Acts 1941, No. 114, § 3; A.S.A 1947, § 82-914.
Ark. Code Ann. § 20-48-1003 — AR Code / Title 20 / Chapter 48 / Subchapter 10 / Section 20-48-1003
Administration
Status: in_force

(a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services of the Department of Human Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the provider fee; (B) (i) The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500). (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee; (C) The format for reporting gross receipts; and (D) The administration of this subchapter. (2) The rules shall not grant any exceptions to, or exceptions from, the provider fee. Acts 2011, No. 275, § 1.

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

(b) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the provider fee; (B) (i) The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500). (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee; (C) The format for reporting gross receipts; and (D) The administration of this subchapter. (2) The rules shall not grant any exceptions to, or exceptions from, the provider fee.

(1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the provider fee; (B) (i) The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500). (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee; (C) The format for reporting gross receipts; and (D) The administration of this subchapter.

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

(B) (i) The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500). (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;

(i) The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines.

(ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).

(iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;

(C) The format for reporting gross receipts; and

(D) The administration of this subchapter.

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

Acts 2011, No. 275, § 1.
Ark. Code Ann. § 20-21-401 — AR Code / Title 20 / Chapter 21 / Subchapter 4 / Section 20-21-401
Legislative intent
Status: in_force

(a) It is found and determined by the General Assembly that the operation of nuclear generating facilities in this state raises the possibility of adverse health and ecological effects which could result from radiological incidents or accidents at those facilities and that it is essential to the health and welfare of the citizens of this state and particularly those in close proximity to the facilities that a program be initiated to provide for continuous environmental surveillance in the area of nuclear generating facilities and to initiate and formulate plans and procedures for immediate emergency response capability in the event of an accident or incident which might endanger the lives or property of persons. (b) The General Assembly further determines that it is appropriate that the utility operating the facilities bear the cost associated with preparing and implementing plans to deal with the effects of nuclear accidents or incidents. (c) Therefore, it is the purpose and intent of this subchapter to initiate a program to deal with this matter and to charge the Department of Health with the responsibility of carrying out the program and to provide for funding the program through fees or assessments against utilities operating nuclear generating facilities. Acts 1980 (1st Ex. Sess.), No. 67, § 1; 1981, No. 101, § 1; A.S.A. 1947, § 82-1541.

(a) It is found and determined by the General Assembly that the operation of nuclear generating facilities in this state raises the possibility of adverse health and ecological effects which could result from radiological incidents or accidents at those facilities and that it is essential to the health and welfare of the citizens of this state and particularly those in close proximity to the facilities that a program be initiated to provide for continuous environmental surveillance in the area of nuclear generating facilities and to initiate and formulate plans and procedures for immediate emergency response capability in the event of an accident or incident which might endanger the lives or property of persons.

(b) The General Assembly further determines that it is appropriate that the utility operating the facilities bear the cost associated with preparing and implementing plans to deal with the effects of nuclear accidents or incidents.

(c) Therefore, it is the purpose and intent of this subchapter to initiate a program to deal with this matter and to charge the Department of Health with the responsibility of carrying out the program and to provide for funding the program through fees or assessments against utilities operating nuclear generating facilities.

Acts 1980 (1st Ex. Sess.), No. 67, § 1; 1981, No. 101, § 1; A.S.A. 1947, § 82-1541.
Ark. Code Ann. § 20-27-2302 — AR Code / Title 20 / Chapter 27 / Subchapter 23 / Section 20-27-2302
Sale of imitation firearms prohibited - Penalty
Status: in_force

(a) Except as provided under subsection (b) of this section, it is unlawful to sell or offer for sale within this state, by mail or in any other manner, an imitation firearm. (b) A person may sell or offer for sale an imitation firearm if the device is sold solely for purposes of: (1) Export in interstate or foreign commerce; (2) Lawful use in a theatrical production; (3) Use in a certified or regulated sporting event or competition; (4) Use in a military or civil defense activity or ceremonial activity; or (5) A public display authorized by a public or private school. (c) A person who violates subsection (a) of this section is subject in an action brought by the city attorney or prosecuting attorney to a civil penalty of not more than one thousand dollars ($1,000) for each violation. Acts 2009, No. 1495, § 2.

(a) Except as provided under subsection (b) of this section, it is unlawful to sell or offer for sale within this state, by mail or in any other manner, an imitation firearm.

(b) A person may sell or offer for sale an imitation firearm if the device is sold solely for purposes of: (1) Export in interstate or foreign commerce; (2) Lawful use in a theatrical production; (3) Use in a certified or regulated sporting event or competition; (4) Use in a military or civil defense activity or ceremonial activity; or (5) A public display authorized by a public or private school.

(1) Export in interstate or foreign commerce;

(2) Lawful use in a theatrical production;

(3) Use in a certified or regulated sporting event or competition;

(4) Use in a military or civil defense activity or ceremonial activity; or

(5) A public display authorized by a public or private school.

(c) A person who violates subsection (a) of this section is subject in an action brought by the city attorney or prosecuting attorney to a civil penalty of not more than one thousand dollars ($1,000) for each violation.

Acts 2009, No. 1495, § 2.
Ark. Code Ann. § 20-10-113 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-113
Fair Reimbursement and Assisted Living Cost Reporting Act of 2023
Status: in_force

(a) This section shall be known and may be cited as the "Fair Reimbursement and Assisted Living Cost Reporting Act of 2023". (b) The Department of Human Services shall annually report to: (1) The House Committee on Public Health, Welfare, and Labor; (2) The Senate Committee on Public Health, Welfare, and Labor; and (3) The Legislative Council. (c) The report described in subsection (b) of this section shall include without limitation: (1) Aggregate cost report data supplied to the department by assisted living providers; (2) The number of beds available for Medicaid beneficiaries and private pay by county; (3) Total number of beds available in the state for the most vulnerable, qualifying individuals; (4) The cost per bed to the state; (5) Rural costs compared to urban costs; and (6) Access data, including a three-year trend of access availability by county or region. (d) (1) The department shall consider the data within the report and the cost report data when making any amendment, alteration, rule change, and equitable reimbursement rate affecting the Living Choices Assisted Living Waiver. (2) The department shall report differences in the cost study and waiver reimbursement rate and potential causes of the differences. Added by Act 2023, No. 820,§ 1, eff. 8/1/2023.

(a) This section shall be known and may be cited as the "Fair Reimbursement and Assisted Living Cost Reporting Act of 2023".

(b) The Department of Human Services shall annually report to: (1) The House Committee on Public Health, Welfare, and Labor; (2) The Senate Committee on Public Health, Welfare, and Labor; and (3) The Legislative Council.

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

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

(3) The Legislative Council.

(c) The report described in subsection (b) of this section shall include without limitation: (1) Aggregate cost report data supplied to the department by assisted living providers; (2) The number of beds available for Medicaid beneficiaries and private pay by county; (3) Total number of beds available in the state for the most vulnerable, qualifying individuals; (4) The cost per bed to the state; (5) Rural costs compared to urban costs; and (6) Access data, including a three-year trend of access availability by county or region.

(1) Aggregate cost report data supplied to the department by assisted living providers;

(2) The number of beds available for Medicaid beneficiaries and private pay by county;

(3) Total number of beds available in the state for the most vulnerable, qualifying individuals;

(4) The cost per bed to the state;

(5) Rural costs compared to urban costs; and

(6) Access data, including a three-year trend of access availability by county or region.

(d) (1) The department shall consider the data within the report and the cost report data when making any amendment, alteration, rule change, and equitable reimbursement rate affecting the Living Choices Assisted Living Waiver. (2) The department shall report differences in the cost study and waiver reimbursement rate and potential causes of the differences.

(1) The department shall consider the data within the report and the cost report data when making any amendment, alteration, rule change, and equitable reimbursement rate affecting the Living Choices Assisted Living Waiver.

(2) The department shall report differences in the cost study and waiver reimbursement rate and potential causes of the differences.

Added by Act 2023, No. 820,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-19-401 — AR Code / Title 20 / Chapter 19 / Subchapter 4 / Section 20-19-401
Findings
Status: in_force

The General Assembly finds that: (1) Wolves and wolf-dog hybrids are now present in this state but remain unregulated; (2) The Compendium of Animal Rabies Prevention and Control advises that no vaccination has been approved for use in wolves or wolf-dog hybrids; (3) However, wolves and dogs are scientifically classified as the same species; (4) Off- and extra-label use of vaccines approved for use in dogs are widely used to vaccinate wolves and wolf-dog hybrids, even by the United States Government, to prevent diseases such as rabies; (5) Failure to vaccinate wolves and wolf-dog hybrids raises the possibility of creating a large pool of animals that could serve as reservoirs for rabies; and (6) Due to the neglect and irresponsibility of their owners, some wolves and wolf-dog hybrids could pose a threat to public safety in this state. Acts 2001, No. 1768, § 1.

The General Assembly finds that:

(1) Wolves and wolf-dog hybrids are now present in this state but remain unregulated;

(2) The Compendium of Animal Rabies Prevention and Control advises that no vaccination has been approved for use in wolves or wolf-dog hybrids;

(3) However, wolves and dogs are scientifically classified as the same species;

(4) Off- and extra-label use of vaccines approved for use in dogs are widely used to vaccinate wolves and wolf-dog hybrids, even by the United States Government, to prevent diseases such as rabies;

(5) Failure to vaccinate wolves and wolf-dog hybrids raises the possibility of creating a large pool of animals that could serve as reservoirs for rabies; and

(6) Due to the neglect and irresponsibility of their owners, some wolves and wolf-dog hybrids could pose a threat to public safety in this state.

Acts 2001, No. 1768, § 1.
Ark. Code Ann. § 20-9-102 — AR Code / Title 20 / Chapter 9 / Subchapter 1 / Section 20-9-102
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1208,§ 1, eff. 8/16/2013. Acts 2011, No. 1128, § 1.

Repealed by Act 2013, No. 1208,§ 1, eff. 8/16/2013.

Acts 2011, No. 1128, § 1.
Ark. Code Ann. § 20-76-403 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-403
Application - Fraud
Status: in_force

(a) The application for assistance shall contain a statement of the amount of both real and personal property in which the applicant has an interest and of all earned and unearned income which he or she may have at the time of the filing of the application and such other information as may be required by the Department of Human Services. (b) Any assistance improperly paid shall be recoverable by the state as a debt due the state and, if applicable, the recipient shall be prosecuted under theft of public benefits, § 5-36-202 . (c) (1) All assistance provided under this chapter shall be reconsidered by the department as frequently as the department deems necessary. The amount of assistance may be entirely withdrawn by the department if the department is advised that the recipient's circumstances have altered sufficiently to warrant such action. (2) Whoever shall withhold information in a periodic reconsideration that may result in a recipient's assistance being changed or withdrawn shall be guilty of fraud. Any money paid after information has been withheld shall be recoverable as a debt due the state. (d) The department shall forthwith close any recipient's open case upon a judicial or administrative determination that the individual recipient has committed fraud in order to receive transitional employment assistance benefits. The case shall remain closed and the recipient shall remain ineligible until all indebtedness to the department is repaid with interest. Acts 1939, No. 280, § 23; 1953, No. 177, § 5; A.S.A. 1947, § 83-129; Acts 1997, No. 1058, § 10.

(a) The application for assistance shall contain a statement of the amount of both real and personal property in which the applicant has an interest and of all earned and unearned income which he or she may have at the time of the filing of the application and such other information as may be required by the Department of Human Services.

(b) Any assistance improperly paid shall be recoverable by the state as a debt due the state and, if applicable, the recipient shall be prosecuted under theft of public benefits, § 5-36-202 .

(c) (1) All assistance provided under this chapter shall be reconsidered by the department as frequently as the department deems necessary. The amount of assistance may be entirely withdrawn by the department if the department is advised that the recipient's circumstances have altered sufficiently to warrant such action. (2) Whoever shall withhold information in a periodic reconsideration that may result in a recipient's assistance being changed or withdrawn shall be guilty of fraud. Any money paid after information has been withheld shall be recoverable as a debt due the state.

(1) All assistance provided under this chapter shall be reconsidered by the department as frequently as the department deems necessary. The amount of assistance may be entirely withdrawn by the department if the department is advised that the recipient's circumstances have altered sufficiently to warrant such action.

(2) Whoever shall withhold information in a periodic reconsideration that may result in a recipient's assistance being changed or withdrawn shall be guilty of fraud. Any money paid after information has been withheld shall be recoverable as a debt due the state.

(d) The department shall forthwith close any recipient's open case upon a judicial or administrative determination that the individual recipient has committed fraud in order to receive transitional employment assistance benefits. The case shall remain closed and the recipient shall remain ineligible until all indebtedness to the department is repaid with interest.

Acts 1939, No. 280, § 23; 1953, No. 177, § 5; A.S.A. 1947, § 83-129; Acts 1997, No. 1058, § 10.
Ark. Code Ann. § 20-77-701 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-701
Legislative intent
Status: in_force

It is the intent of the General Assembly to provide a method of assisting those persons within the state who as a result of personal injury, disability, or other medical condition are in need of supplemental benefits to improve or maintain reasonable quality-of-life standards. To this end, it is the further intent of the General Assembly to provide benefits in the amount of expenses actually incurred to satisfy those special needs. Furthermore, the cotrustees of the Special Needs Trust Revolving Fund shall have, in addition to those powers and duties set forth in this subchapter, all powers and duties authorized, imposed, or conferred by law upon cotrustees of the fund. Acts 1993, No. 1228, § 1.

It is the intent of the General Assembly to provide a method of assisting those persons within the state who as a result of personal injury, disability, or other medical condition are in need of supplemental benefits to improve or maintain reasonable quality-of-life standards. To this end, it is the further intent of the General Assembly to provide benefits in the amount of expenses actually incurred to satisfy those special needs. Furthermore, the cotrustees of the Special Needs Trust Revolving Fund shall have, in addition to those powers and duties set forth in this subchapter, all powers and duties authorized, imposed, or conferred by law upon cotrustees of the fund.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-15-1202 — AR Code / Title 20 / Chapter 15 / Subchapter 12 / Section 20-15-1202
Statewide immunization registry
Status: in_force

(a) (1) The Department of Health shall establish a statewide immunization registry. (2) Immunization records shall include data as specified by the department. (b) The department may make information in the registry available to the parents or guardians of a child, to providers who report on the immunization status of children in their care, and to such other persons or organizations designated by rule of the State Board of Health. (c) The board shall adopt rules to implement this subchapter, including provisions for confidentiality of medical information. (d) The department may enter into data-sharing agreements with federal, state, and local jurisdictions as well as the nations that are part of the Compact of Free Association islands to ensure effective surveillance and better immunization planning. Amended by Act 2017, No. 880,§ 1, eff. 8/1/2017. Acts 1995, No. 432, § 2; 1997, No. 869, § 1; 2011, No. 179, § 1.

(a) (1) The Department of Health shall establish a statewide immunization registry. (2) Immunization records shall include data as specified by the department.

(1) The Department of Health shall establish a statewide immunization registry.

(2) Immunization records shall include data as specified by the department.

(b) The department may make information in the registry available to the parents or guardians of a child, to providers who report on the immunization status of children in their care, and to such other persons or organizations designated by rule of the State Board of Health.

(c) The board shall adopt rules to implement this subchapter, including provisions for confidentiality of medical information.

(d) The department may enter into data-sharing agreements with federal, state, and local jurisdictions as well as the nations that are part of the Compact of Free Association islands to ensure effective surveillance and better immunization planning.

Amended by Act 2017, No. 880,§ 1, eff. 8/1/2017.

Acts 1995, No. 432, § 2; 1997, No. 869, § 1; 2011, No. 179, § 1.
Ark. Code Ann. § 20-17-908 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-908
Responsibilities of county abandoned cemetery registration boards
Status: in_force

(a) A county abandoned cemetery registration board shall have the authority to register abandoned cemeteries within the county as defined in § 20-17-905 , but only after a petition has been filed pursuant to § 20-17-907 . (b) At any time, the board may conduct an examination of a petitioned abandoned cemetery within the county. (c) (1) If funds and voluntary manpower are available, the board shall provide for the cleaning of petitioned abandoned cemeteries within the county that meet minimum requirements for maintenance at least one (1) time in the spring and one (1) time in the fall. (2) Cleaning is intended to remove weeds, debris, and foreign material that degrade the burial site. (d) The board may post a small sign to inform the public that the abandoned cemetery is under the care of the board. Acts 2005, No. 2001, § 2.

(a) A county abandoned cemetery registration board shall have the authority to register abandoned cemeteries within the county as defined in § 20-17-905 , but only after a petition has been filed pursuant to § 20-17-907 .

(b) At any time, the board may conduct an examination of a petitioned abandoned cemetery within the county.

(c) (1) If funds and voluntary manpower are available, the board shall provide for the cleaning of petitioned abandoned cemeteries within the county that meet minimum requirements for maintenance at least one (1) time in the spring and one (1) time in the fall. (2) Cleaning is intended to remove weeds, debris, and foreign material that degrade the burial site.

(1) If funds and voluntary manpower are available, the board shall provide for the cleaning of petitioned abandoned cemeteries within the county that meet minimum requirements for maintenance at least one (1) time in the spring and one (1) time in the fall.

(2) Cleaning is intended to remove weeds, debris, and foreign material that degrade the burial site.

(d) The board may post a small sign to inform the public that the abandoned cemetery is under the care of the board.

Acts 2005, No. 2001, § 2.
Ark. Code Ann. § 20-27-1504 — AR Code / Title 20 / Chapter 27 / Subchapter 15 / Section 20-27-1504
[Repealed]
Status: repealed

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

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

Acts 2001, No. 414, § 1; 2007, No. 230, § 4.
Ark. Code Ann. § 20-78-101 — AR Code / Title 20 / Chapter 78 / Subchapter 1 / Section 20-78-101
Family planning information for parents of children in state custody
Status: in_force

(a) The Department of Human Services shall provide informational materials, including, but not limited to, parenting, child abuse, substance abuse, sexual abuse, and family planning, to parents whose children have been placed in state custody. (b) This information shall be provided to both natural and adoptive parents and shall be provided within thirty (30) days of placing the child in state custody. Acts 1999, No. 1240, § 1.

(a) The Department of Human Services shall provide informational materials, including, but not limited to, parenting, child abuse, substance abuse, sexual abuse, and family planning, to parents whose children have been placed in state custody.

(b) This information shall be provided to both natural and adoptive parents and shall be provided within thirty (30) days of placing the child in state custody.

Acts 1999, No. 1240, § 1.
Ark. Code Ann. § 20-78-901 — AR Code / Title 20 / Chapter 78 / Subchapter 9 / Section 20-78-901
[Repealed]
Status: repealed

Repealed by Act 2017, No. 896,§ 3, eff. 8/1/2017. Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.

Repealed by Act 2017, No. 896,§ 3, eff. 8/1/2017.

Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.
Ark. Code Ann. § 20-60-211 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-211
Withdrawal and denial of inspection
Status: in_force

(a) The Secretary of the Department of Agriculture may withdraw or otherwise deny inspection under this subchapter with respect to any official establishment for a period the secretary deems necessary to effectuate the purposes of this subchapter for any violation of this subchapter or any requirements of this subchapter by the operation of the official establishment. (b) (1) However, before a withdrawal or denial of inspection is ordered, the secretary shall give the affected official establishment an opportunity for a hearing at which the official establishment may present evidence that the official establishment has not violated this subchapter or any requirements of this subchapter. (2) The hearing shall be held after notice to the official establishment in the manner the secretary determines by rule. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 315,§ 2212, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5080, eff. 7/1/2019. Acts 1967, No. 320, § 13; A.S.A. 1947, § 82-2013.

(a) The Secretary of the Department of Agriculture may withdraw or otherwise deny inspection under this subchapter with respect to any official establishment for a period the secretary deems necessary to effectuate the purposes of this subchapter for any violation of this subchapter or any requirements of this subchapter by the operation of the official establishment.

(b) (1) However, before a withdrawal or denial of inspection is ordered, the secretary shall give the affected official establishment an opportunity for a hearing at which the official establishment may present evidence that the official establishment has not violated this subchapter or any requirements of this subchapter. (2) The hearing shall be held after notice to the official establishment in the manner the secretary determines by rule.

(1) However, before a withdrawal or denial of inspection is ordered, the secretary shall give the affected official establishment an opportunity for a hearing at which the official establishment may present evidence that the official establishment has not violated this subchapter or any requirements of this subchapter.

(2) The hearing shall be held after notice to the official establishment in the manner the secretary determines by rule.

Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021.

Amended by Act 2019, No. 315,§ 2212, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5080, eff. 7/1/2019.

Acts 1967, No. 320, § 13; A.S.A. 1947, § 82-2013.
Ark. Code Ann. § 20-16-303 — AR Code / Title 20 / Chapter 16 / Subchapter 3 / Section 20-16-303
Definitions
Status: in_force

As used in this subchapter: (1) "Contraceptive procedures" means any medically accepted procedures designed to prevent conception; and (2) "Contraceptive supplies" means those medically approved items designed to prevent conception through chemical, mechanical, or other means. Acts 1973, No. 235, § 2; A.S.A. 1947, § 82-3102.

As used in this subchapter:

(1) "Contraceptive procedures" means any medically accepted procedures designed to prevent conception; and

(2) "Contraceptive supplies" means those medically approved items designed to prevent conception through chemical, mechanical, or other means.

Acts 1973, No. 235, § 2; A.S.A. 1947, § 82-3102.
Ark. Code Ann. § 20-17-618 — AR Code / Title 20 / Chapter 17 / Subchapter 6 / Section 20-17-618
Organ donor registry
Status: in_force

(a) (1) The Office of Driver Services shall assist in establishing a registry of organ donors by providing information to an organ procurement agency created, organized, and existing under the laws of the State of Arkansas. The information shall list persons who have agreed to make an anatomical gift as indicated on their operator's or chauffeur's licenses. (2) The information shall include the person's name, address, sex, birth date, driver's license number, and any limitations on the purposes of the anatomical gift. (b) (1) Access to the registry maintained by the organ procurement agency shall be provided to all other organ procurement agencies licensed, accredited, and approved under Arkansas law. (2) Organ procurement agencies may release information from the registry to tissue banks that have written agreements with the organ procurement agency. (3) However, information obtained from the registry shall not be distributed further to any other person or entity. (c) Any person whose name has been placed on the organ donor registry may have his or her name deleted by filing the appropriate form with the office. Acts 1997, No. 75, § 1.

(a) (1) The Office of Driver Services shall assist in establishing a registry of organ donors by providing information to an organ procurement agency created, organized, and existing under the laws of the State of Arkansas. The information shall list persons who have agreed to make an anatomical gift as indicated on their operator's or chauffeur's licenses. (2) The information shall include the person's name, address, sex, birth date, driver's license number, and any limitations on the purposes of the anatomical gift.

(1) The Office of Driver Services shall assist in establishing a registry of organ donors by providing information to an organ procurement agency created, organized, and existing under the laws of the State of Arkansas. The information shall list persons who have agreed to make an anatomical gift as indicated on their operator's or chauffeur's licenses.

(2) The information shall include the person's name, address, sex, birth date, driver's license number, and any limitations on the purposes of the anatomical gift.

(b) (1) Access to the registry maintained by the organ procurement agency shall be provided to all other organ procurement agencies licensed, accredited, and approved under Arkansas law. (2) Organ procurement agencies may release information from the registry to tissue banks that have written agreements with the organ procurement agency. (3) However, information obtained from the registry shall not be distributed further to any other person or entity.

(1) Access to the registry maintained by the organ procurement agency shall be provided to all other organ procurement agencies licensed, accredited, and approved under Arkansas law.

(2) Organ procurement agencies may release information from the registry to tissue banks that have written agreements with the organ procurement agency.

(3) However, information obtained from the registry shall not be distributed further to any other person or entity.

(c) Any person whose name has been placed on the organ donor registry may have his or her name deleted by filing the appropriate form with the office.

Acts 1997, No. 75, § 1.
Ark. Code Ann. § 20-10-1404 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1404
[Repealed]
Status: repealed

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021. Acts 1999, No. 1529, § 4; 2001, No. 1397, § 4.

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

Acts 1999, No. 1529, § 4; 2001, No. 1397, § 4.
Ark. Code Ann. § 20-15-1102 — AR Code / Title 20 / Chapter 15 / Subchapter 11 / Section 20-15-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Newborn infant with hearing impairment" means a newborn infant who has a disorder of the auditory system of any type or degree causing a hearing impairment sufficient to interfere with the development of language and speech skills; (2) "Newborn infants at risk" means those newborn infants who are at risk for hearing impairment because they have one (1) or more risk factors; (3) "Risk factors" are those criteria or factors, any one (1) of which identifies a newborn infant as being at risk for hearing impairment, as determined by the Department of Health and set forth in rules promulgated by the department; (4) "Screening infants for hearing impairment" means a procedure for employing a device for identifying a disorder of the auditory system, but the procedure may not necessarily provide a comprehensive determination of hearing thresholds in the speech range. Such a procedure may include auditory brainstem response screening or other devices approved by the department; and (5) "Screening report" means a report by a facility providing screening for hearing impairment which identifies each newborn infant who has been screened for hearing impairment. Amended by Act 2019, No. 315,§ 1944, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 31, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 30, eff. 7/24/2019. Acts 1993, No. 1096, § 2.

As used in this subchapter:

(1) "Newborn infant with hearing impairment" means a newborn infant who has a disorder of the auditory system of any type or degree causing a hearing impairment sufficient to interfere with the development of language and speech skills;

(2) "Newborn infants at risk" means those newborn infants who are at risk for hearing impairment because they have one (1) or more risk factors;

(3) "Risk factors" are those criteria or factors, any one (1) of which identifies a newborn infant as being at risk for hearing impairment, as determined by the Department of Health and set forth in rules promulgated by the department;

(4) "Screening infants for hearing impairment" means a procedure for employing a device for identifying a disorder of the auditory system, but the procedure may not necessarily provide a comprehensive determination of hearing thresholds in the speech range. Such a procedure may include auditory brainstem response screening or other devices approved by the department; and

(5) "Screening report" means a report by a facility providing screening for hearing impairment which identifies each newborn infant who has been screened for hearing impairment.

Amended by Act 2019, No. 315,§ 1944, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 31, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 30, eff. 7/24/2019.

Acts 1993, No. 1096, § 2.
Ark. Code Ann. § 20-7-501 — AR Code / Title 20 / Chapter 7 / Subchapter 5 / Section 20-7-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Health-Conscious Shopper Act". Acts 2007, No. 48, § 1.

This subchapter shall be known and may be cited as the "Arkansas Health-Conscious Shopper Act".

Acts 2007, No. 48, § 1.
Ark. Code Ann. § 20-59-221 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-221
Unlawful acts - Improper temperature for tests
Status: in_force

It shall be unlawful to maintain milk and cream tests at temperatures other than one hundred thirty degrees to one hundred forty degrees Fahrenheit (130°-140°F) for at least five (5) minutes before the reading of the percent of butterfat is made and recorded. In maintaining this temperature, water shall be used, the water to extend above the butterfat column in the bottle neck. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to maintain milk and cream tests at temperatures other than one hundred thirty degrees to one hundred forty degrees Fahrenheit (130°-140°F) for at least five (5) minutes before the reading of the percent of butterfat is made and recorded. In maintaining this temperature, water shall be used, the water to extend above the butterfat column in the bottle neck.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-76-409 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-409
Opt out
Status: in_force

The State of Arkansas opts out of Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. Amended by Act 2017, No. 566,§ 1, eff. 8/1/2017. Acts 1939, No. 280, § 25; 1951, No. 309, § 1; A.S.A. 1947, § 83-131; Acts 1997, No. 1058, § 16.

The State of Arkansas opts out of Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.

Amended by Act 2017, No. 566,§ 1, eff. 8/1/2017.

Acts 1939, No. 280, § 25; 1951, No. 309, § 1; A.S.A. 1947, § 83-131; Acts 1997, No. 1058, § 16.
Ark. Code Ann. § 20-80-307 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-307
Recognition of representative organizations
Status: in_force

(a) The governing boards of directors of the nineteen (19) existing community action organizations are recognized as the representative organizations of the community action agencies as recognized in § 20-80-305 . (b) The appropriate division of the Department of Human Services is authorized, whenever agency boundaries have been changed in accordance with § 20-80-306 , to recognize the representative organizations of the new community action agencies. (c) In order to qualify for recognition and further benefits under this subchapter, a community action agency shall have been organized and constituted under the provisions of the Community Service Block Grant Act of 1981 and shall have a governing board whose numbers are elected and are representatives of specific community interests in accordance with the Community Service Block Grant Act of 1981. Acts 1985, No. 345, § 3; A.S.A. 1947, § 83-1109.

(a) The governing boards of directors of the nineteen (19) existing community action organizations are recognized as the representative organizations of the community action agencies as recognized in § 20-80-305 .

(b) The appropriate division of the Department of Human Services is authorized, whenever agency boundaries have been changed in accordance with § 20-80-306 , to recognize the representative organizations of the new community action agencies.

(c) In order to qualify for recognition and further benefits under this subchapter, a community action agency shall have been organized and constituted under the provisions of the Community Service Block Grant Act of 1981 and shall have a governing board whose numbers are elected and are representatives of specific community interests in accordance with the Community Service Block Grant Act of 1981.

Acts 1985, No. 345, § 3; A.S.A. 1947, § 83-1109.
Ark. Code Ann. § 20-46-307 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-307
Minimum standards - Records of purchases and service contracts
Status: in_force

(a) The minimum purchasing standards and procedures prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for community mental health centers shall not require preaudit or prepurchase approval by the state of purchases made by the centers but shall require all centers to maintain complete records regarding all such purchases and all professional services contracts entered into by the respective centers for a period of at least two (2) years and shall provide that the records are open for public inspection during that period. (b) The division shall review the purchasing procedures and professional services contracts records of each mental health center on a random basis as a part of the regular certification site review to determine compliance with §§ 20-46-304 - 20-46-306 , this section, and § 20-46-308 . Amended by Act 2017, No. 913,§ 65, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 10, eff. 8/16/2013. Acts 1985, No. 786, § 4; A.S.A. 1947, § 59-320.

(a) The minimum purchasing standards and procedures prescribed by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services for community mental health centers shall not require preaudit or prepurchase approval by the state of purchases made by the centers but shall require all centers to maintain complete records regarding all such purchases and all professional services contracts entered into by the respective centers for a period of at least two (2) years and shall provide that the records are open for public inspection during that period.

(b) The division shall review the purchasing procedures and professional services contracts records of each mental health center on a random basis as a part of the regular certification site review to determine compliance with §§ 20-46-304 - 20-46-306 , this section, and § 20-46-308 .

Amended by Act 2017, No. 913,§ 65, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 10, eff. 8/16/2013.

Acts 1985, No. 786, § 4; A.S.A. 1947, § 59-320.
Ark. Code Ann. § 20-17-911 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-911
Minimum maintenance providers
Status: in_force

Minimum maintenance for petitioned abandoned cemeteries may be secured from any source the county abandoned cemetery registration board can obtain, including work-release prisoners. Acts 2005, No. 2001, § 2.

Minimum maintenance for petitioned abandoned cemeteries may be secured from any source the county abandoned cemetery registration board can obtain, including work-release prisoners.

Acts 2005, No. 2001, § 2.
Ark. Code Ann. § 20-77-505 — AR Code / Title 20 / Chapter 77 / Subchapter 5 / Section 20-77-505
Injunctions
Status: in_force

(a) The circuit courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin any violation of this subchapter by complaint by any resident or state board of this state in the county in which the alleged violation of this subchapter occurred, in the county where the plaintiff resides, in which the defendant resides or, if there is more than one (1) defendant, in the county in which any defendant resides. (b) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this subchapter, but the remedy of injunction shall be in addition to liability to criminal prosecution, it being the intention to provide a speedy remedy against violations in the interest of public health. Acts 1973, No. 10, § 6; A.S.A. 1947, § 83-1006.

(a) The circuit courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin any violation of this subchapter by complaint by any resident or state board of this state in the county in which the alleged violation of this subchapter occurred, in the county where the plaintiff resides, in which the defendant resides or, if there is more than one (1) defendant, in the county in which any defendant resides.

(b) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this subchapter, but the remedy of injunction shall be in addition to liability to criminal prosecution, it being the intention to provide a speedy remedy against violations in the interest of public health.

Acts 1973, No. 10, § 6; A.S.A. 1947, § 83-1006.
Ark. Code Ann. § 20-6-116 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-116
Effect and interpretation of living wills
Status: in_force

(a) If a living will entered into before October 1, 2013, was valid at the time of execution, it remains valid. (b) A living will entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid. (c) A living will entered into on or after October 1, 2013, that does not evidence an intent that it is entered into under this subchapter may be given effect as an individual instruction if it complies with this subchapter. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) If a living will entered into before October 1, 2013, was valid at the time of execution, it remains valid.

(b) A living will entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid.

(c) A living will entered into on or after October 1, 2013, that does not evidence an intent that it is entered into under this subchapter may be given effect as an individual instruction if it complies with this subchapter.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-37-105 — AR Code / Title 20 / Chapter 37 / Section 20-37-105
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015. Acts 2003, No. 1816, § 1; 2005, No. 2261, § 1; 2007, No. 456, § 1.

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.

Acts 2003, No. 1816, § 1; 2005, No. 2261, § 1; 2007, No. 456, § 1.
Ark. Code Ann. § 20-77-2507 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2507
Cooperation of agency officials and employees
Status: in_force

(a) (1) The Medicaid Inspector General shall request information, assistance, and cooperation from a federal, state, or local governmental department, board, bureau, commission, or other agency or unit of an agency to carry out the duties under this section. (2) A state or local agency or unit of an agency shall provide information, assistance, and cooperation under this section. (b) Upon request of a prosecuting attorney, the following entities shall provide information and assistance as the entity deems necessary, appropriate, and available to aid the prosecuting attorney in the investigation of fraud and abuse within the medical assistance program and the recovery of improperly expended funds: (1) The Office of Medicaid Inspector General; (2) The Department of Human Services; (3) The Medicaid Fraud Control Unit of the office of the Attorney General; and (4) Another state or local government entity. (c) All tips to the Arkansas Medicaid Fraud and Abuse Hotline under § 20-77-2506(28) that include an allegation of fraud shall be forwarded to the Office of Medicaid Inspector General. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

(a) (1) The Medicaid Inspector General shall request information, assistance, and cooperation from a federal, state, or local governmental department, board, bureau, commission, or other agency or unit of an agency to carry out the duties under this section. (2) A state or local agency or unit of an agency shall provide information, assistance, and cooperation under this section.

(1) The Medicaid Inspector General shall request information, assistance, and cooperation from a federal, state, or local governmental department, board, bureau, commission, or other agency or unit of an agency to carry out the duties under this section.

(2) A state or local agency or unit of an agency shall provide information, assistance, and cooperation under this section.

(b) Upon request of a prosecuting attorney, the following entities shall provide information and assistance as the entity deems necessary, appropriate, and available to aid the prosecuting attorney in the investigation of fraud and abuse within the medical assistance program and the recovery of improperly expended funds: (1) The Office of Medicaid Inspector General; (2) The Department of Human Services; (3) The Medicaid Fraud Control Unit of the office of the Attorney General; and (4) Another state or local government entity.

(1) The Office of Medicaid Inspector General;

(2) The Department of Human Services;

(3) The Medicaid Fraud Control Unit of the office of the Attorney General; and

(4) Another state or local government entity.

(c) All tips to the Arkansas Medicaid Fraud and Abuse Hotline under § 20-77-2506(28) that include an allegation of fraud shall be forwarded to the Office of Medicaid Inspector General.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-48-508 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-508
Issuance of refunding bonds
Status: in_force

(a) Bonds may be issued pursuant to this subchapter for the purpose of refunding any issue of bonds theretofore issued under the provisions of this subchapter. (b) When refunding bonds are issued, the refunding bonds may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in escrow for the retirement thereof. (c) All refunding bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds. (d) The resolution under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the charges pledged for their payment as was enjoyed by the bonds refunded thereby. Acts 1963, No. 186, § 8; A.S.A. 1947, § 59-1123.

(a) Bonds may be issued pursuant to this subchapter for the purpose of refunding any issue of bonds theretofore issued under the provisions of this subchapter.

(b) When refunding bonds are issued, the refunding bonds may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in escrow for the retirement thereof.

(c) All refunding bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.

(d) The resolution under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the charges pledged for their payment as was enjoyed by the bonds refunded thereby.

Acts 1963, No. 186, § 8; A.S.A. 1947, § 59-1123.
Ark. Code Ann. § 20-56-203 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-203
Applicability
Status: in_force

The provisions of this subchapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale and includes the sale, dispensing, and giving of any such article and the supplying or applying of the articles in the conduct of any food, drug, or cosmetic establishment. Acts 1953, No. 415, § 2; A.S.A. 1947, § 82-1102.

The provisions of this subchapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale and includes the sale, dispensing, and giving of any such article and the supplying or applying of the articles in the conduct of any food, drug, or cosmetic establishment.

Acts 1953, No. 415, § 2; A.S.A. 1947, § 82-1102.
Ark. Code Ann. § 20-59-402 — AR Code / Title 20 / Chapter 59 / Subchapter 4 / Section 20-59-402
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Distributors of Grade 'A' milk and milk products processed by plants outside of Arkansas" means any person who offers for sale or sells to another any Grade "A" milk or milk products in Arkansas; (2) "Division of Environmental Health Protection" means the Division of Environmental Health Protection of the Department of Health; (3) "Grade 'A' milk and milk products" means milk and milk products that are in compliance with the Grade "A" milk and milk products control laws and rules of the State of Arkansas; (4) "Imported raw milk" means any milk not produced under routine inspection of Arkansas and imported into the State of Arkansas; (5) "Milk hauler" means any person who samples and transports Grade "A" raw milk and raw milk products to Grade "A" milk plants or receiving or transfer stations; (6) "Milk inspection fee" means the Grade "A" milk and milk products inspection fee; (7) "Milk Inspection Fees Fund" means the fund in the State Treasury into which the Grade "A" milk and milk products inspection fees are to be deposited; (8) "Milk plant" means a milk plant in any place, premise, or establishment where Grade "A" milk and milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution; (9) "Producer" means any person who produces Grade "A" raw milk inspected by the State of Arkansas; (10) "Producer-distributor" means a producer who also is a distributor; and (11) "State" means the State of Arkansas. Amended by Act 2019, No. 315,§ 2201, eff. 7/24/2019. Acts 1981, No. 587, § 1; A.S.A. 1947, § 82-4006.

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

(1) "Distributors of Grade 'A' milk and milk products processed by plants outside of Arkansas" means any person who offers for sale or sells to another any Grade "A" milk or milk products in Arkansas;

(2) "Division of Environmental Health Protection" means the Division of Environmental Health Protection of the Department of Health;

(3) "Grade 'A' milk and milk products" means milk and milk products that are in compliance with the Grade "A" milk and milk products control laws and rules of the State of Arkansas;

(4) "Imported raw milk" means any milk not produced under routine inspection of Arkansas and imported into the State of Arkansas;

(5) "Milk hauler" means any person who samples and transports Grade "A" raw milk and raw milk products to Grade "A" milk plants or receiving or transfer stations;

(6) "Milk inspection fee" means the Grade "A" milk and milk products inspection fee;

(7) "Milk Inspection Fees Fund" means the fund in the State Treasury into which the Grade "A" milk and milk products inspection fees are to be deposited;

(8) "Milk plant" means a milk plant in any place, premise, or establishment where Grade "A" milk and milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution;

(9) "Producer" means any person who produces Grade "A" raw milk inspected by the State of Arkansas;

(10) "Producer-distributor" means a producer who also is a distributor; and

(11) "State" means the State of Arkansas.

Amended by Act 2019, No. 315,§ 2201, eff. 7/24/2019.

Acts 1981, No. 587, § 1; A.S.A. 1947, § 82-4006.
Ark. Code Ann. § 20-27-1010 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1010
Costs eligible for grant funds
Status: in_force

The grant funds approved under § 20-27-1009 may be used for the following: (1) The cost of activities undertaken in an approved grant application by a city or county in the normal course and customary practice of a stabilization and abatement activity for an eligible structure owned by a city or county in the following amounts: (A) Not more than fifty percent (50%) of the total cost of asbestos abatement activities; and (B) Not more than two thousand dollars ($2,000) for the initial asbestos inspection; or (2) If the Division of Environmental Quality determines that an asbestos emergency exists that constitutes an immediate threat to human health or the environment, the costs associated with the stabilization and remediation of the emergency asbestos conditions. Amended by Act 2019, No. 910,§ 3223, eff. 7/1/2019. Amended by Act 2017, No. 456,§ 3, eff. 8/1/2017. Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.

The grant funds approved under § 20-27-1009 may be used for the following:

(1) The cost of activities undertaken in an approved grant application by a city or county in the normal course and customary practice of a stabilization and abatement activity for an eligible structure owned by a city or county in the following amounts: (A) Not more than fifty percent (50%) of the total cost of asbestos abatement activities; and (B) Not more than two thousand dollars ($2,000) for the initial asbestos inspection; or

(A) Not more than fifty percent (50%) of the total cost of asbestos abatement activities; and

(B) Not more than two thousand dollars ($2,000) for the initial asbestos inspection; or

(2) If the Division of Environmental Quality determines that an asbestos emergency exists that constitutes an immediate threat to human health or the environment, the costs associated with the stabilization and remediation of the emergency asbestos conditions.

Amended by Act 2019, No. 910,§ 3223, eff. 7/1/2019.

Amended by Act 2017, No. 456,§ 3, eff. 8/1/2017.

Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.
Ark. Code Ann. § 20-22-608 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-608
State Fire Marshal - Powers and duties
Status: in_force

The State Fire Marshal shall advise and assist the Arkansas Fire Protection Licensing Board in the adoption of policies and procedures for the: (1) Effective monitoring of the sale, installation, and servicing of portable fire extinguishers; (2) Sale, installation, and servicing of fixed fire protection systems; (3) Design, installation, inspection, servicing, and maintenance of fire protection sprinkler systems, including standpipe and hose systems; and (4) Registration and licensing of firms and individuals providing these goods and services. Acts 1977, No. 743, § 4; 1985, No. 702, § 4; A.S.A. 1947, § 82-835; Acts 1987, No. 532, § 3; 2009, No. 422, § 8 [7].

The State Fire Marshal shall advise and assist the Arkansas Fire Protection Licensing Board in the adoption of policies and procedures for the:

(1) Effective monitoring of the sale, installation, and servicing of portable fire extinguishers;

(2) Sale, installation, and servicing of fixed fire protection systems;

(3) Design, installation, inspection, servicing, and maintenance of fire protection sprinkler systems, including standpipe and hose systems; and

(4) Registration and licensing of firms and individuals providing these goods and services.

Acts 1977, No. 743, § 4; 1985, No. 702, § 4; A.S.A. 1947, § 82-835; Acts 1987, No. 532, § 3; 2009, No. 422, § 8 [7].
Ark. Code Ann. § 20-77-2304 — AR Code / Title 20 / Chapter 77 / Subchapter 23 / Section 20-77-2304
Exemptions
Status: in_force

An individual may provide caregiver services without the training required under this subchapter if the person is a: (1) Certified Nursing Assistant; (2) Licensed practical nurse; (3) Parent, grandparent, child, grandchild, or sibling of the recipient of the services; (4) Physician; (5) Registered nurse; (6) Service provider who does not receive compensation for his or her services; (7) Licensed social worker; (8) Court-appointed legal guardian of the recipient of the caregiver services; or (9) A direct-care worker providing caregiver services to a participant in any program licensed, certified, or administered by the Department of Human Services. Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.

An individual may provide caregiver services without the training required under this subchapter if the person is a:

(1) Certified Nursing Assistant;

(2) Licensed practical nurse;

(3) Parent, grandparent, child, grandchild, or sibling of the recipient of the services;

(4) Physician;

(5) Registered nurse;

(6) Service provider who does not receive compensation for his or her services;

(7) Licensed social worker;

(8) Court-appointed legal guardian of the recipient of the caregiver services; or

(9) A direct-care worker providing caregiver services to a participant in any program licensed, certified, or administered by the Department of Human Services.

Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.
Ark. Code Ann. § 20-30-104 — AR Code / Title 20 / Chapter 30 / Section 20-30-104
Permits - Application, renewal, posting, etc
Status: in_force

(a) No person shall operate a public swimming pool who does not hold a valid permit issued to him or her by the Department of Health. (b) Every person who shall engage in the business of operating a public swimming pool shall procure a permit from the department for each public swimming pool operated. (c) (1) Any person planning to operate a public swimming pool shall make written application for a permit on forms provided by the department. The applications shall be completed and returned to the department with the proper permit fee. (2) Before approval of the application for a permit, the department shall inspect the proposed facility to determine compliance with requirements of this chapter and rules. The department shall issue a permit to the applicant if the inspection reveals that the facility is in compliance with the requirements of this chapter and rules. (d) Each permit for public swimming pools shall expire on the December 31 next following its issuance. (e) Applications for renewal of permits for existing public swimming pools shall be mailed to the operator before January 1 of each year. When completed applications and the proper permit fees are returned, the department shall issue new permits to applicants. (f) No permit shall be transferred from one location or individual to another. (g) Permits shall be posted in a conspicuous manner. Amended by Act 2019, No. 315,§ 2131, eff. 7/24/2019. Acts 1987, No. 623, §§ 3, 4.

(a) No person shall operate a public swimming pool who does not hold a valid permit issued to him or her by the Department of Health.

(b) Every person who shall engage in the business of operating a public swimming pool shall procure a permit from the department for each public swimming pool operated.

(c) (1) Any person planning to operate a public swimming pool shall make written application for a permit on forms provided by the department. The applications shall be completed and returned to the department with the proper permit fee. (2) Before approval of the application for a permit, the department shall inspect the proposed facility to determine compliance with requirements of this chapter and rules. The department shall issue a permit to the applicant if the inspection reveals that the facility is in compliance with the requirements of this chapter and rules.

(1) Any person planning to operate a public swimming pool shall make written application for a permit on forms provided by the department. The applications shall be completed and returned to the department with the proper permit fee.

(2) Before approval of the application for a permit, the department shall inspect the proposed facility to determine compliance with requirements of this chapter and rules. The department shall issue a permit to the applicant if the inspection reveals that the facility is in compliance with the requirements of this chapter and rules.

(d) Each permit for public swimming pools shall expire on the December 31 next following its issuance.

(e) Applications for renewal of permits for existing public swimming pools shall be mailed to the operator before January 1 of each year. When completed applications and the proper permit fees are returned, the department shall issue new permits to applicants.

(f) No permit shall be transferred from one location or individual to another.

(g) Permits shall be posted in a conspicuous manner.

Amended by Act 2019, No. 315,§ 2131, eff. 7/24/2019.

Acts 1987, No. 623, §§ 3, 4.
Ark. Code Ann. § 20-48-704 — AR Code / Title 20 / Chapter 48 / Subchapter 7 / Section 20-48-704
Code system of reimbursement
Status: in_force

(a) The conversion to the federally mandated current procedural terminology code system of reimbursement shall take into account the intent of this law to provide sources of funding that cover the costs of services to individuals who choose community-based options, within the adopted and approved eligibility standard, including the prescribed treatment services and all required compliance mandates from the federal and state governments. (b) If the early intervention day treatment or adult developmental day treatment services codes, or both, are excluded by the Centers for Medicare & Medicaid Services, the Division of Medical Services shall take all necessary steps to apply to the administration for approval of a service model that will continue to provide an array of community-based service options for children and adults comparable to or greater than those under the present early intervention day treatment and adult developmental day treatment services model. Amended by Act 2019, No. 1035,§ 36, eff. 7/24/2019. Acts 2001, No. 1792, § 4.

(a) The conversion to the federally mandated current procedural terminology code system of reimbursement shall take into account the intent of this law to provide sources of funding that cover the costs of services to individuals who choose community-based options, within the adopted and approved eligibility standard, including the prescribed treatment services and all required compliance mandates from the federal and state governments.

(b) If the early intervention day treatment or adult developmental day treatment services codes, or both, are excluded by the Centers for Medicare & Medicaid Services, the Division of Medical Services shall take all necessary steps to apply to the administration for approval of a service model that will continue to provide an array of community-based service options for children and adults comparable to or greater than those under the present early intervention day treatment and adult developmental day treatment services model.

Amended by Act 2019, No. 1035,§ 36, eff. 7/24/2019.

Acts 2001, No. 1792, § 4.
Ark. Code Ann. § 20-30-103 — AR Code / Title 20 / Chapter 30 / Section 20-30-103
Authority of Department of Health
Status: in_force

The Department of Health is authorized: (1) To carry out or cause to be carried out all provisions of this chapter; (2) To collect all fees provided for in this chapter; (3) To prescribe such rules governing the alteration, construction, sanitation, safety, and operation of public swimming pools as may be necessary to protect the health and safety of the public and to require every public swimming pool to comply with these rules; (4) To inspect every public swimming pool in operation in the state to determine compliance with this chapter and rules; (5) To issue or cause to be issued, suspend, and revoke permits to operate public swimming pools as provided in this chapter; (6) To notify the owner, proprietor, or agent in charge of any public swimming pool of such changes or alterations as may be necessary to effect complete compliance with this chapter and rules governing the construction, alteration, and operation of the facilities and to close the facilities for failure to comply within specified times as provided in this chapter and rules; and (7) To train, test, and certify qualified operators of public swimming pools. Amended by Act 2019, No. 315,§ 2130, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2129, eff. 7/24/2019. Acts 1987, No. 623, § 2; 1997, No. 285, § 2.

The Department of Health is authorized:

(1) To carry out or cause to be carried out all provisions of this chapter;

(2) To collect all fees provided for in this chapter;

(3) To prescribe such rules governing the alteration, construction, sanitation, safety, and operation of public swimming pools as may be necessary to protect the health and safety of the public and to require every public swimming pool to comply with these rules;

(4) To inspect every public swimming pool in operation in the state to determine compliance with this chapter and rules;

(5) To issue or cause to be issued, suspend, and revoke permits to operate public swimming pools as provided in this chapter;

(6) To notify the owner, proprietor, or agent in charge of any public swimming pool of such changes or alterations as may be necessary to effect complete compliance with this chapter and rules governing the construction, alteration, and operation of the facilities and to close the facilities for failure to comply within specified times as provided in this chapter and rules; and

(7) To train, test, and certify qualified operators of public swimming pools.

Amended by Act 2019, No. 315,§ 2130, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2129, eff. 7/24/2019.

Acts 1987, No. 623, § 2; 1997, No. 285, § 2.
Ark. Code Ann. § 20-10-910 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-910
Compensation of receiver
Status: in_force

(a) The circuit court shall set a reasonable compensation to include salary and reasonable expenses for the receiver to be paid as a necessary expense of the facility under the receivership. Reasonable expenses may include charges for a liability insurance policy covering negligence of the receiver and employees of the facility for the duration of the receivership. (b) If the receiver does not have sufficient funds to pay the salary from the revenues of the facility, the receiver may petition the court for permission to file a claim with the Department of Human Services for payment from the Long-Term Care Facility Receivership Fund Account as established in § 20-10-916 . Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

(a) The circuit court shall set a reasonable compensation to include salary and reasonable expenses for the receiver to be paid as a necessary expense of the facility under the receivership. Reasonable expenses may include charges for a liability insurance policy covering negligence of the receiver and employees of the facility for the duration of the receivership.

(b) If the receiver does not have sufficient funds to pay the salary from the revenues of the facility, the receiver may petition the court for permission to file a claim with the Department of Human Services for payment from the Long-Term Care Facility Receivership Fund Account as established in § 20-10-916 .

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-15-2001 — AR Code / Title 20 / Chapter 15 / Subchapter 20 / Section 20-15-2001
Agency collaboration
Status: in_force

The Department of Human Services and the Department of Health shall collaborate to identify goals and benchmarks while also developing individual entity plans to reduce the incidence of diabetes in Arkansas, improve diabetes care, and control complications associated with diabetes. Added by Act 2015, No. 167,§ 1, eff. 7/22/2015.

The Department of Human Services and the Department of Health shall collaborate to identify goals and benchmarks while also developing individual entity plans to reduce the incidence of diabetes in Arkansas, improve diabetes care, and control complications associated with diabetes.

Added by Act 2015, No. 167,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-29-102 — AR Code / Title 20 / Chapter 29 / Section 20-29-102
Definition
Status: in_force

As used in this chapter, "commission" means the Arkansas Manufactured Home Commission. Acts 1987, No. 346, § 2.

As used in this chapter, "commission" means the Arkansas Manufactured Home Commission.

Acts 1987, No. 346, § 2.
Ark. Code Ann. § 20-7-121 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-121
Annual report
Status: in_force

(a) It shall be the duty of the State Board of Health to make an annual written report through the Secretary of the Department of Health to the Governor on or before January 1 of each year. (b) The report shall include: (1) A financial statement covering the expenditures of all funds appropriated for the board's purposes; (2) So much of the proceedings of the board and information concerning vital and mortuary statistics, knowledge respecting diseases, and instructions on the subject of sanitation and hygiene which may be thought useful by the board for dissemination among the people; and (3) Such suggestions as to legislative action as the board deems necessary. Amended by Act 2019, No. 910,§ 4931, eff. 7/1/2019. Acts 1913, No. 96, § 29; C. & M. Dig., § 5143; Pope's Dig., § 6414; A.S.A. 1947, § 82-122.

(a) It shall be the duty of the State Board of Health to make an annual written report through the Secretary of the Department of Health to the Governor on or before January 1 of each year.

(b) The report shall include: (1) A financial statement covering the expenditures of all funds appropriated for the board's purposes; (2) So much of the proceedings of the board and information concerning vital and mortuary statistics, knowledge respecting diseases, and instructions on the subject of sanitation and hygiene which may be thought useful by the board for dissemination among the people; and (3) Such suggestions as to legislative action as the board deems necessary.

(1) A financial statement covering the expenditures of all funds appropriated for the board's purposes;

(2) So much of the proceedings of the board and information concerning vital and mortuary statistics, knowledge respecting diseases, and instructions on the subject of sanitation and hygiene which may be thought useful by the board for dissemination among the people; and

(3) Such suggestions as to legislative action as the board deems necessary.

Amended by Act 2019, No. 910,§ 4931, eff. 7/1/2019.

Acts 1913, No. 96, § 29; C. & M. Dig., § 5143; Pope's Dig., § 6414; A.S.A. 1947, § 82-122.
Ark. Code Ann. § 20-27-2502 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2502
Legislative intent
Status: in_force

In the interest of public health and safety and the environment and to qualify the Department of Health to adopt, administer, and enforce a program for licensing lead-based paint activities, training programs, procedures, and requirements for the licensing and certification of individuals and firms engaged in lead-based paint activities and work practice standards for performing such activities, the General Assembly finds that it is necessary to enact this subchapter. Acts 2011, No. 1011, § 6.

In the interest of public health and safety and the environment and to qualify the Department of Health to adopt, administer, and enforce a program for licensing lead-based paint activities, training programs, procedures, and requirements for the licensing and certification of individuals and firms engaged in lead-based paint activities and work practice standards for performing such activities, the General Assembly finds that it is necessary to enact this subchapter.

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-22-507 — AR Code / Title 20 / Chapter 22 / Subchapter 5 / Section 20-22-507
Posting of subchapter
Status: in_force

A copy of this subchapter shall be posted in each guest room or suite of all hotels, motels, apartment buildings, or other similar multiple-occupancy facilities subject to this subchapter. Acts 1971, No. 239, § 6; A.S.A. 1947, § 82-830.

A copy of this subchapter shall be posted in each guest room or suite of all hotels, motels, apartment buildings, or other similar multiple-occupancy facilities subject to this subchapter.

Acts 1971, No. 239, § 6; A.S.A. 1947, § 82-830.
Ark. Code Ann. § 20-86-112 — AR Code / Title 20 / Chapter 86 / Section 20-86-112
Implementation
Status: in_force

The Division of Workforce Services shall be responsible for implementation of this subchapter and shall promulgate rules as necessary in accordance with the provisions of this subchapter. Amended by Act 2019, No. 910,§ 567, eff. 7/1/2019. Acts 1999, No. 1217, § 13; 2007, No. 252, § 5.

The Division of Workforce Services shall be responsible for implementation of this subchapter and shall promulgate rules as necessary in accordance with the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 567, eff. 7/1/2019.

Acts 1999, No. 1217, § 13; 2007, No. 252, § 5.
Ark. Code Ann. § 20-76-802 — AR Code / Title 20 / Chapter 76 / Subchapter 8 / Section 20-76-802
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) Arkansas has made great strides in promoting work for able-bodied adults across other public assistance programs; (2) Arkansas can continue those initiatives by further creating opportunities and spurring economic development by improving its workforce; (3) Arkansas provides Supplemental Nutrition Assistance Program benefits to more than one hundred twenty-three thousand (123,000) able-bodied adults without young children; (4) The Supplemental Nutrition Assistance Program in Arkansas should be protected and preserved for the truly vulnerable; (5) Most able-bodied adults receiving Supplemental Nutrition Assistance Program benefits in Arkansas do not work at all; (6) Arkansas has the opportunity under federal law to refer able-bodied adults to employment and training programs; (7) Arkansas has more than thirty-two thousand six hundred (32,600) open jobs; and (8) Arkansas is projected to create more than one hundred sixty-six thousand (166,000) jobs in 2019. (b) It is the intent of the General Assembly that this subchapter shall increase employment and self-sufficiency among able-bodied adults who are receiving Supplemental Nutrition Assistance Program benefits. Added by Act 2019, No. 974,§ 1, eff. 7/24/2019.

(a) The General Assembly finds that: (1) Arkansas has made great strides in promoting work for able-bodied adults across other public assistance programs; (2) Arkansas can continue those initiatives by further creating opportunities and spurring economic development by improving its workforce; (3) Arkansas provides Supplemental Nutrition Assistance Program benefits to more than one hundred twenty-three thousand (123,000) able-bodied adults without young children; (4) The Supplemental Nutrition Assistance Program in Arkansas should be protected and preserved for the truly vulnerable; (5) Most able-bodied adults receiving Supplemental Nutrition Assistance Program benefits in Arkansas do not work at all; (6) Arkansas has the opportunity under federal law to refer able-bodied adults to employment and training programs; (7) Arkansas has more than thirty-two thousand six hundred (32,600) open jobs; and (8) Arkansas is projected to create more than one hundred sixty-six thousand (166,000) jobs in 2019.

(1) Arkansas has made great strides in promoting work for able-bodied adults across other public assistance programs;

(2) Arkansas can continue those initiatives by further creating opportunities and spurring economic development by improving its workforce;

(3) Arkansas provides Supplemental Nutrition Assistance Program benefits to more than one hundred twenty-three thousand (123,000) able-bodied adults without young children;

(4) The Supplemental Nutrition Assistance Program in Arkansas should be protected and preserved for the truly vulnerable;

(5) Most able-bodied adults receiving Supplemental Nutrition Assistance Program benefits in Arkansas do not work at all;

(6) Arkansas has the opportunity under federal law to refer able-bodied adults to employment and training programs;

(7) Arkansas has more than thirty-two thousand six hundred (32,600) open jobs; and

(8) Arkansas is projected to create more than one hundred sixty-six thousand (166,000) jobs in 2019.

(b) It is the intent of the General Assembly that this subchapter shall increase employment and self-sufficiency among able-bodied adults who are receiving Supplemental Nutrition Assistance Program benefits.

Added by Act 2019, No. 974,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-7-703 — AR Code / Title 20 / Chapter 7 / Subchapter 7 / Section 20-7-703
Opioid prescribing guidelines for emergency department
Status: in_force

(a) A hospital with an emergency department shall adopt guidelines concerning opioid prescribing in the emergency department. (b) The guidelines shall be drafted jointly by the emergency department physicians and medical staff and approved by the governing body of the hospital. (c) The guidelines shall address, at a minimum: (1) Treatment of chronic nonmalignant pain and acute pain; (2) Limits on amounts or duration of opioid prescriptions; and (3) Identification of situations where opioid prescriptions should be discouraged or prohibited. (d) The guidelines shall not be construed as establishing a standard of care. Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.

(a) A hospital with an emergency department shall adopt guidelines concerning opioid prescribing in the emergency department.

(b) The guidelines shall be drafted jointly by the emergency department physicians and medical staff and approved by the governing body of the hospital.

(c) The guidelines shall address, at a minimum: (1) Treatment of chronic nonmalignant pain and acute pain; (2) Limits on amounts or duration of opioid prescriptions; and (3) Identification of situations where opioid prescriptions should be discouraged or prohibited.

(1) Treatment of chronic nonmalignant pain and acute pain;

(2) Limits on amounts or duration of opioid prescriptions; and

(3) Identification of situations where opioid prescriptions should be discouraged or prohibited.

(d) The guidelines shall not be construed as establishing a standard of care.

Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.
Ark. Code Ann. § 20-82-205 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-205
Child Abuse/Rape/Domestic Violence Section - Creation
Status: in_force

There is hereby created the Child Abuse/Rape/Domestic Violence Section within the office of the Chancellor of the University of Arkansas for Medical Sciences. Acts 1993, No. 887, § 1; 1995, No. 1336, § 5.

There is hereby created the Child Abuse/Rape/Domestic Violence Section within the office of the Chancellor of the University of Arkansas for Medical Sciences.

Acts 1993, No. 887, § 1; 1995, No. 1336, § 5.
Ark. Code Ann. § 20-58-205 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-205
Employees of Department of Agriculture - Powers and duties
Status: in_force

All duties and functions required to be performed by the Arkansas Livestock and Poultry Commission under the provisions of this subchapter shall be performed by the Department of Agriculture or its authorized employees. Amended by Act 2023, No. 598,§ 3, eff. 8/1/2023. Acts 1969, No. 220, § 16; A.S.A. 1947, § 82-1319.

All duties and functions required to be performed by the Arkansas Livestock and Poultry Commission under the provisions of this subchapter shall be performed by the Department of Agriculture or its authorized employees.

Amended by Act 2023, No. 598,§ 3, eff. 8/1/2023.

Acts 1969, No. 220, § 16; A.S.A. 1947, § 82-1319.
Ark. Code Ann. § 20-78-708 — AR Code / Title 20 / Chapter 78 / Subchapter 7 / Section 20-78-708
Funding
Status: in_force

The Secretary of the Department of Health is authorized to utilize available general revenue savings and allowable federal funds in support of the activities described in this subchapter in the event that sufficient funds are not allocated for the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program herein. The secretary is authorized to transfer appropriations and funds as necessary but only for the purposes provided in this subchapter. Upon approval of the Chief Fiscal Officer of the State and review by the Legislative Council, the transfers shall be made upon the books of the Department of Finance and Administration, the Auditor of State, and the Treasurer of State. Amended by Act 2019, No. 910,§ 5106, eff. 7/1/2019. Acts 1999, No. 1115, § 8; 2001, No. 237, § 3.

The Secretary of the Department of Health is authorized to utilize available general revenue savings and allowable federal funds in support of the activities described in this subchapter in the event that sufficient funds are not allocated for the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program herein. The secretary is authorized to transfer appropriations and funds as necessary but only for the purposes provided in this subchapter. Upon approval of the Chief Fiscal Officer of the State and review by the Legislative Council, the transfers shall be made upon the books of the Department of Finance and Administration, the Auditor of State, and the Treasurer of State.

Amended by Act 2019, No. 910,§ 5106, eff. 7/1/2019.

Acts 1999, No. 1115, § 8; 2001, No. 237, § 3.
Ark. Code Ann. § 20-6-406 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-406
Hospice facility visitation
Status: in_force

A patient who is receiving hospice care or the guardian, spouse, or support person of a patient who is receiving hospice care may designate additional family members and friends who may be physically present with the patient at reasonable times. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

A patient who is receiving hospice care or the guardian, spouse, or support person of a patient who is receiving hospice care may designate additional family members and friends who may be physically present with the patient at reasonable times.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-8-604 — AR Code / Title 20 / Chapter 8 / Subchapter 6 / Section 20-8-604
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 4963, eff. 7/1/2019. Repealed by Act 2019, No. 389,§ 11, eff. 7/24/2019. Amended by Act 2016EX3, No. 3,§ 38, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 38, eff. 5/23/2016. Amended by Act 2013, No. 1510,§ 4, eff. 8/16/2013. Acts 2011, No. 889, § 1.

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

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

Amended by Act 2016EX3, No. 3,§ 38, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 38, eff. 5/23/2016.

Amended by Act 2013, No. 1510,§ 4, eff. 8/16/2013.

Acts 2011, No. 889, § 1.