Ark. Code Ann. § 20-16-1703 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1703
Informed consent requirement
Status: in_force

(a) A person shall not perform or induce an abortion without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. (b) Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if: (1) At least seventy-two (72) hours before the abortion, the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, of the following: (A) The name of the physician who will perform the abortion; (B) Medically accurate information that a reasonable patient would consider material to the decision concerning whether or not to undergo the abortion, including: (i) A description of the proposed abortion method; (ii) The immediate and long-term medical risks associated with the proposed abortion method, including without limitation the risks of: (a) Cervical or uterine perforation; (b) Danger to subsequent pregnancies; (c) Hemorrhage; and (d) Infection; and (iii) Alternatives to the abortion; (C) The probable gestational age of the unborn child at the time the abortion is to be performed; (D) The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed; (E) The medical risks associated with carrying the unborn child to term; (F) Any need for anti-Rh immune globulin therapy if the woman is Rh negative, the likely consequences of refusing such therapy, and the cost of the therapy; and (G) Information on reversing the effects of abortion-inducing drugs; (2) At least seventy-two (72) hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person informs the woman, orally and in person, that: (A) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care and that more detailed information on the availability of such assistance is contained in the printed materials and informational DVD given to her under § 20-16-1704 ; (B) The printed materials and informational DVD under § 20-16-1704 describe the unborn child and list agencies that offer alternatives to abortion; (C) (i) The father of the unborn child is liable to assist in the support of the child, even in instances in which he has offered to pay for the abortion. (ii) In a case of rape or incest, the information required under subdivision (b)(2)(C)(i) of this section may be omitted; (D) The woman is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she otherwise might be entitled; (E) The information contained in the printed materials and informational DVD given to her under § 20-16-1704 is also available on a state website; and (F) Human trafficking literature, also known as "Laura's Card", as described in § 16-90-1107 ; (3) (A) The information required under subdivisions (b)(1) and (2) of this section is provided to the woman individually and in a private room to protect her privacy, to maintain the confidentiality of her decision, to ensure that the information focuses on her individual circumstances, and to ensure that she has an adequate opportunity to ask questions. (B) Subdivision (b)(3)(A) of this section does not preclude the provision of required information through a translator in a language understood by the woman; (4) (A) At least seventy-two (72) hours before the abortion, the woman is given a copy of the printed materials and permitted to view and given a copy of the informational DVD under § 20-16-1704 . (B) If the woman is unable to read the materials, the materials shall be read to her in a language she can understand. (C) If the woman asks questions concerning any of the information or materials under this subdivision (b)(4), the person who provides or reads the information or materials shall answer her questions in a language she can understand; (5) (A) At least seventy-two (72) hours before an abortion is performed or induced on a woman whose pregnancy has progressed to twenty (20) weeks' gestation or more, the physician performing the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician, orally and in person, offers information on fetal pain to the patient. (B) The information required under subdivision (b)(5)(A) of this section and counseling related to that information shall include without limitation the following: (i) That by twenty (20) weeks' gestational age, the unborn child possesses all anatomical links in its nervous system, including spinal cord, nerve tracts, thalamus, and cortex, that are necessary in order to feel pain; (ii) That an unborn child at twenty (20) weeks' gestation or more is fully capable of experiencing pain; (iii) A description of the actual steps in the abortion procedure to be performed or induced and at which steps in the abortion procedure the unborn child is capable of feeling pain; (iv) That maternal anesthesia typically offers little pain prevention for the unborn child; and (v) That an anesthetic or analgesic, or both, are available so that pain to the fetus is minimized or alleviated; (6) (A) Before the abortion, the pregnant woman certifies in writing on a checklist form provided or approved by the Department of Health that the information required under § 20-16-1704 has been provided. (B) A physician who performs an abortion shall report monthly to the department the total number of certifications the physician has received. (C) The department shall make available to the public annually the number of certifications received under subdivision (b)(6)(B) of this section; (7) (A) Except in the case of a medical emergency, the physician who is to perform the abortion receives and signs a copy of the written certification required under subdivision (b)(6)(A) of this section before performing the abortion. (B) The physician shall retain a copy of the checklist certification form in the pregnant woman's medical record; (8) At least seventy-two (72) hours before an abortion that is being performed or induced utilizing abortion-inducing drugs, the physician who is to perform the abortion, the referring physician, or a qualified person informs the pregnant woman, orally and in person, that: (A) It may be possible to reverse the effects of the abortion if the pregnant woman changes her mind, but that time is of the essence; and (B) Information on reversing the effects of abortion-inducing drugs is available in materials prepared by the department; (9) (A) After dispensing the first dose of abortion-inducing drugs to a woman, the physician who is to perform the abortion, the referring physician, or a qualified person shall provide a written notice to the patient that states: "Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet." (B) The notice shall also include directions to access the department website that is required to be maintained under § 20-16-1704 and other appropriate telephone and internet resources; and (10) Except in the case of a medical emergency, at least seventy-two (72) hours before the abortion, the pregnant woman signs a form that includes without limitation the following information: (A) A description of the pregnant woman's rights, including the right to informed consent as granted by this subchapter; (B) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman; (C) A detailed list of the risks and hazards related to the surgical or medical procedures that are planned to be for the pregnant woman, including without limitation the following risks and hazards that may occur: (i) Infection; (ii) Blood clots; (iii) Hemorrhage; (iv) Allergic reactions; (v) Uterine perforation, also known as a hole in the uterus, or other damage to the uterus; (vi) Sterility; (vii) Injury to the bowel or bladder; (viii) Possible hysterectomy as a result of complication or injury during the procedure; (ix) Failure to remove all products of conception; (x) Possible continuation of pregnancy; (xi) Cramping of the uterus or pelvic pain; (xii) Cervical laceration; (xiii) Incompetent cervix; (xiv) Emergency treatment for any complications; and (xv) Death; (D) A description of additional information that shall be provided by the physician to the pregnant woman under state law; and (E) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent before performing an abortion. (c) (1) In the event of a medical emergency requiring an immediate termination of pregnancy, the physician who performed the abortion clearly certifies in writing the nature of the medical emergency and the circumstances that necessitated the waiving of the informed consent requirements under this subchapter. (2) The certification required under subdivision (c)(1) of this section shall be signed by the physician who performed the emergency abortion and shall be permanently filed in both the records of the physician performing the abortion and the records of the facility where the abortion took place. (d) A physician, facility, employee or volunteer of a facility, or any other person or entity shall not require or obtain payment for a service provided in relation to abortion to a patient who has inquired about an abortion or scheduled an abortion until the expiration of the seventy-two-hour reflection period required in this section. (e) All ultrasound images, test results, and forms signed by the patient or legal guardian shall be retained as a part of the patient's medical record and be made available for inspection by the department or other authorized agency. Amended by Act 2021, No. 740,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 801,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 801,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 801,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 801,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 801,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 522,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 383,§ 3, eff. 8/1/2017. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

(a) A person shall not perform or induce an abortion without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced.

(b) Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if: (1) At least seventy-two (72) hours before the abortion, the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, of the following: (A) The name of the physician who will perform the abortion; (B) Medically accurate information that a reasonable patient would consider material to the decision concerning whether or not to undergo the abortion, including: (i) A description of the proposed abortion method; (ii) The immediate and long-term medical risks associated with the proposed abortion method, including without limitation the risks of: (a) Cervical or uterine perforation; (b) Danger to subsequent pregnancies; (c) Hemorrhage; and (d) Infection; and (iii) Alternatives to the abortion; (C) The probable gestational age of the unborn child at the time the abortion is to be performed; (D) The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed; (E) The medical risks associated with carrying the unborn child to term; (F) Any need for anti-Rh immune globulin therapy if the woman is Rh negative, the likely consequences of refusing such therapy, and the cost of the therapy; and (G) Information on reversing the effects of abortion-inducing drugs; (2) At least seventy-two (72) hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person informs the woman, orally and in person, that: (A) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care and that more detailed information on the availability of such assistance is contained in the printed materials and informational DVD given to her under § 20-16-1704 ; (B) The printed materials and informational DVD under § 20-16-1704 describe the unborn child and list agencies that offer alternatives to abortion; (C) (i) The father of the unborn child is liable to assist in the support of the child, even in instances in which he has offered to pay for the abortion. (ii) In a case of rape or incest, the information required under subdivision (b)(2)(C)(i) of this section may be omitted; (D) The woman is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she otherwise might be entitled; (E) The information contained in the printed materials and informational DVD given to her under § 20-16-1704 is also available on a state website; and (F) Human trafficking literature, also known as "Laura's Card", as described in § 16-90-1107 ; (3) (A) The information required under subdivisions (b)(1) and (2) of this section is provided to the woman individually and in a private room to protect her privacy, to maintain the confidentiality of her decision, to ensure that the information focuses on her individual circumstances, and to ensure that she has an adequate opportunity to ask questions. (B) Subdivision (b)(3)(A) of this section does not preclude the provision of required information through a translator in a language understood by the woman; (4) (A) At least seventy-two (72) hours before the abortion, the woman is given a copy of the printed materials and permitted to view and given a copy of the informational DVD under § 20-16-1704 . (B) If the woman is unable to read the materials, the materials shall be read to her in a language she can understand. (C) If the woman asks questions concerning any of the information or materials under this subdivision (b)(4), the person who provides or reads the information or materials shall answer her questions in a language she can understand; (5) (A) At least seventy-two (72) hours before an abortion is performed or induced on a woman whose pregnancy has progressed to twenty (20) weeks' gestation or more, the physician performing the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician, orally and in person, offers information on fetal pain to the patient. (B) The information required under subdivision (b)(5)(A) of this section and counseling related to that information shall include without limitation the following: (i) That by twenty (20) weeks' gestational age, the unborn child possesses all anatomical links in its nervous system, including spinal cord, nerve tracts, thalamus, and cortex, that are necessary in order to feel pain; (ii) That an unborn child at twenty (20) weeks' gestation or more is fully capable of experiencing pain; (iii) A description of the actual steps in the abortion procedure to be performed or induced and at which steps in the abortion procedure the unborn child is capable of feeling pain; (iv) That maternal anesthesia typically offers little pain prevention for the unborn child; and (v) That an anesthetic or analgesic, or both, are available so that pain to the fetus is minimized or alleviated; (6) (A) Before the abortion, the pregnant woman certifies in writing on a checklist form provided or approved by the Department of Health that the information required under § 20-16-1704 has been provided. (B) A physician who performs an abortion shall report monthly to the department the total number of certifications the physician has received. (C) The department shall make available to the public annually the number of certifications received under subdivision (b)(6)(B) of this section; (7) (A) Except in the case of a medical emergency, the physician who is to perform the abortion receives and signs a copy of the written certification required under subdivision (b)(6)(A) of this section before performing the abortion. (B) The physician shall retain a copy of the checklist certification form in the pregnant woman's medical record; (8) At least seventy-two (72) hours before an abortion that is being performed or induced utilizing abortion-inducing drugs, the physician who is to perform the abortion, the referring physician, or a qualified person informs the pregnant woman, orally and in person, that: (A) It may be possible to reverse the effects of the abortion if the pregnant woman changes her mind, but that time is of the essence; and (B) Information on reversing the effects of abortion-inducing drugs is available in materials prepared by the department; (9) (A) After dispensing the first dose of abortion-inducing drugs to a woman, the physician who is to perform the abortion, the referring physician, or a qualified person shall provide a written notice to the patient that states: "Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet." (B) The notice shall also include directions to access the department website that is required to be maintained under § 20-16-1704 and other appropriate telephone and internet resources; and (10) Except in the case of a medical emergency, at least seventy-two (72) hours before the abortion, the pregnant woman signs a form that includes without limitation the following information: (A) A description of the pregnant woman's rights, including the right to informed consent as granted by this subchapter; (B) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman; (C) A detailed list of the risks and hazards related to the surgical or medical procedures that are planned to be for the pregnant woman, including without limitation the following risks and hazards that may occur: (i) Infection; (ii) Blood clots; (iii) Hemorrhage; (iv) Allergic reactions; (v) Uterine perforation, also known as a hole in the uterus, or other damage to the uterus; (vi) Sterility; (vii) Injury to the bowel or bladder; (viii) Possible hysterectomy as a result of complication or injury during the procedure; (ix) Failure to remove all products of conception; (x) Possible continuation of pregnancy; (xi) Cramping of the uterus or pelvic pain; (xii) Cervical laceration; (xiii) Incompetent cervix; (xiv) Emergency treatment for any complications; and (xv) Death; (D) A description of additional information that shall be provided by the physician to the pregnant woman under state law; and (E) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent before performing an abortion.

(1) At least seventy-two (72) hours before the abortion, the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, of the following: (A) The name of the physician who will perform the abortion; (B) Medically accurate information that a reasonable patient would consider material to the decision concerning whether or not to undergo the abortion, including: (i) A description of the proposed abortion method; (ii) The immediate and long-term medical risks associated with the proposed abortion method, including without limitation the risks of: (a) Cervical or uterine perforation; (b) Danger to subsequent pregnancies; (c) Hemorrhage; and (d) Infection; and (iii) Alternatives to the abortion; (C) The probable gestational age of the unborn child at the time the abortion is to be performed; (D) The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed; (E) The medical risks associated with carrying the unborn child to term; (F) Any need for anti-Rh immune globulin therapy if the woman is Rh negative, the likely consequences of refusing such therapy, and the cost of the therapy; and (G) Information on reversing the effects of abortion-inducing drugs;

(A) The name of the physician who will perform the abortion;

(B) Medically accurate information that a reasonable patient would consider material to the decision concerning whether or not to undergo the abortion, including: (i) A description of the proposed abortion method; (ii) The immediate and long-term medical risks associated with the proposed abortion method, including without limitation the risks of: (a) Cervical or uterine perforation; (b) Danger to subsequent pregnancies; (c) Hemorrhage; and (d) Infection; and (iii) Alternatives to the abortion;

(i) A description of the proposed abortion method;

(ii) The immediate and long-term medical risks associated with the proposed abortion method, including without limitation the risks of: (a) Cervical or uterine perforation; (b) Danger to subsequent pregnancies; (c) Hemorrhage; and (d) Infection; and

(a) Cervical or uterine perforation;

(b) Danger to subsequent pregnancies;

(c) Hemorrhage; and

(d) Infection; and

(iii) Alternatives to the abortion;

(C) The probable gestational age of the unborn child at the time the abortion is to be performed;

(D) The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed;

(E) The medical risks associated with carrying the unborn child to term;

(F) Any need for anti-Rh immune globulin therapy if the woman is Rh negative, the likely consequences of refusing such therapy, and the cost of the therapy; and

(G) Information on reversing the effects of abortion-inducing drugs;

(2) At least seventy-two (72) hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person informs the woman, orally and in person, that: (A) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care and that more detailed information on the availability of such assistance is contained in the printed materials and informational DVD given to her under § 20-16-1704 ; (B) The printed materials and informational DVD under § 20-16-1704 describe the unborn child and list agencies that offer alternatives to abortion; (C) (i) The father of the unborn child is liable to assist in the support of the child, even in instances in which he has offered to pay for the abortion. (ii) In a case of rape or incest, the information required under subdivision (b)(2)(C)(i) of this section may be omitted; (D) The woman is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she otherwise might be entitled; (E) The information contained in the printed materials and informational DVD given to her under § 20-16-1704 is also available on a state website; and (F) Human trafficking literature, also known as "Laura's Card", as described in § 16-90-1107 ;

(A) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care and that more detailed information on the availability of such assistance is contained in the printed materials and informational DVD given to her under § 20-16-1704 ;

(B) The printed materials and informational DVD under § 20-16-1704 describe the unborn child and list agencies that offer alternatives to abortion;

(C) (i) The father of the unborn child is liable to assist in the support of the child, even in instances in which he has offered to pay for the abortion. (ii) In a case of rape or incest, the information required under subdivision (b)(2)(C)(i) of this section may be omitted;

(i) The father of the unborn child is liable to assist in the support of the child, even in instances in which he has offered to pay for the abortion.

(ii) In a case of rape or incest, the information required under subdivision (b)(2)(C)(i) of this section may be omitted;

(D) The woman is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she otherwise might be entitled;

(E) The information contained in the printed materials and informational DVD given to her under § 20-16-1704 is also available on a state website; and

(F) Human trafficking literature, also known as "Laura's Card", as described in § 16-90-1107 ;

(3) (A) The information required under subdivisions (b)(1) and (2) of this section is provided to the woman individually and in a private room to protect her privacy, to maintain the confidentiality of her decision, to ensure that the information focuses on her individual circumstances, and to ensure that she has an adequate opportunity to ask questions. (B) Subdivision (b)(3)(A) of this section does not preclude the provision of required information through a translator in a language understood by the woman;

(A) The information required under subdivisions (b)(1) and (2) of this section is provided to the woman individually and in a private room to protect her privacy, to maintain the confidentiality of her decision, to ensure that the information focuses on her individual circumstances, and to ensure that she has an adequate opportunity to ask questions.

(B) Subdivision (b)(3)(A) of this section does not preclude the provision of required information through a translator in a language understood by the woman;

(4) (A) At least seventy-two (72) hours before the abortion, the woman is given a copy of the printed materials and permitted to view and given a copy of the informational DVD under § 20-16-1704 . (B) If the woman is unable to read the materials, the materials shall be read to her in a language she can understand. (C) If the woman asks questions concerning any of the information or materials under this subdivision (b)(4), the person who provides or reads the information or materials shall answer her questions in a language she can understand;

(A) At least seventy-two (72) hours before the abortion, the woman is given a copy of the printed materials and permitted to view and given a copy of the informational DVD under § 20-16-1704 .

(B) If the woman is unable to read the materials, the materials shall be read to her in a language she can understand.

(C) If the woman asks questions concerning any of the information or materials under this subdivision (b)(4), the person who provides or reads the information or materials shall answer her questions in a language she can understand;

(5) (A) At least seventy-two (72) hours before an abortion is performed or induced on a woman whose pregnancy has progressed to twenty (20) weeks' gestation or more, the physician performing the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician, orally and in person, offers information on fetal pain to the patient. (B) The information required under subdivision (b)(5)(A) of this section and counseling related to that information shall include without limitation the following: (i) That by twenty (20) weeks' gestational age, the unborn child possesses all anatomical links in its nervous system, including spinal cord, nerve tracts, thalamus, and cortex, that are necessary in order to feel pain; (ii) That an unborn child at twenty (20) weeks' gestation or more is fully capable of experiencing pain; (iii) A description of the actual steps in the abortion procedure to be performed or induced and at which steps in the abortion procedure the unborn child is capable of feeling pain; (iv) That maternal anesthesia typically offers little pain prevention for the unborn child; and (v) That an anesthetic or analgesic, or both, are available so that pain to the fetus is minimized or alleviated;

(A) At least seventy-two (72) hours before an abortion is performed or induced on a woman whose pregnancy has progressed to twenty (20) weeks' gestation or more, the physician performing the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician, orally and in person, offers information on fetal pain to the patient.

(B) The information required under subdivision (b)(5)(A) of this section and counseling related to that information shall include without limitation the following: (i) That by twenty (20) weeks' gestational age, the unborn child possesses all anatomical links in its nervous system, including spinal cord, nerve tracts, thalamus, and cortex, that are necessary in order to feel pain; (ii) That an unborn child at twenty (20) weeks' gestation or more is fully capable of experiencing pain; (iii) A description of the actual steps in the abortion procedure to be performed or induced and at which steps in the abortion procedure the unborn child is capable of feeling pain; (iv) That maternal anesthesia typically offers little pain prevention for the unborn child; and (v) That an anesthetic or analgesic, or both, are available so that pain to the fetus is minimized or alleviated;

(i) That by twenty (20) weeks' gestational age, the unborn child possesses all anatomical links in its nervous system, including spinal cord, nerve tracts, thalamus, and cortex, that are necessary in order to feel pain;

(ii) That an unborn child at twenty (20) weeks' gestation or more is fully capable of experiencing pain;

(iii) A description of the actual steps in the abortion procedure to be performed or induced and at which steps in the abortion procedure the unborn child is capable of feeling pain;

(iv) That maternal anesthesia typically offers little pain prevention for the unborn child; and

(v) That an anesthetic or analgesic, or both, are available so that pain to the fetus is minimized or alleviated;

(6) (A) Before the abortion, the pregnant woman certifies in writing on a checklist form provided or approved by the Department of Health that the information required under § 20-16-1704 has been provided. (B) A physician who performs an abortion shall report monthly to the department the total number of certifications the physician has received. (C) The department shall make available to the public annually the number of certifications received under subdivision (b)(6)(B) of this section;

(A) Before the abortion, the pregnant woman certifies in writing on a checklist form provided or approved by the Department of Health that the information required under § 20-16-1704 has been provided.

(B) A physician who performs an abortion shall report monthly to the department the total number of certifications the physician has received.

(C) The department shall make available to the public annually the number of certifications received under subdivision (b)(6)(B) of this section;

(7) (A) Except in the case of a medical emergency, the physician who is to perform the abortion receives and signs a copy of the written certification required under subdivision (b)(6)(A) of this section before performing the abortion. (B) The physician shall retain a copy of the checklist certification form in the pregnant woman's medical record;

(A) Except in the case of a medical emergency, the physician who is to perform the abortion receives and signs a copy of the written certification required under subdivision (b)(6)(A) of this section before performing the abortion.

(B) The physician shall retain a copy of the checklist certification form in the pregnant woman's medical record;

(8) At least seventy-two (72) hours before an abortion that is being performed or induced utilizing abortion-inducing drugs, the physician who is to perform the abortion, the referring physician, or a qualified person informs the pregnant woman, orally and in person, that: (A) It may be possible to reverse the effects of the abortion if the pregnant woman changes her mind, but that time is of the essence; and (B) Information on reversing the effects of abortion-inducing drugs is available in materials prepared by the department;

(A) It may be possible to reverse the effects of the abortion if the pregnant woman changes her mind, but that time is of the essence; and

(B) Information on reversing the effects of abortion-inducing drugs is available in materials prepared by the department;

(9) (A) After dispensing the first dose of abortion-inducing drugs to a woman, the physician who is to perform the abortion, the referring physician, or a qualified person shall provide a written notice to the patient that states: "Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet." (B) The notice shall also include directions to access the department website that is required to be maintained under § 20-16-1704 and other appropriate telephone and internet resources; and

(A) After dispensing the first dose of abortion-inducing drugs to a woman, the physician who is to perform the abortion, the referring physician, or a qualified person shall provide a written notice to the patient that states: "Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet."

"Notice to Patients Having Medication Abortions That Use Mifepristone: Mifepristone, also known as 'RU-486' or 'Mifeprex', alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can locate immediate help by searching the term 'abortion pill reversal' on the internet."

(B) The notice shall also include directions to access the department website that is required to be maintained under § 20-16-1704 and other appropriate telephone and internet resources; and

(10) Except in the case of a medical emergency, at least seventy-two (72) hours before the abortion, the pregnant woman signs a form that includes without limitation the following information: (A) A description of the pregnant woman's rights, including the right to informed consent as granted by this subchapter; (B) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman; (C) A detailed list of the risks and hazards related to the surgical or medical procedures that are planned to be for the pregnant woman, including without limitation the following risks and hazards that may occur: (i) Infection; (ii) Blood clots; (iii) Hemorrhage; (iv) Allergic reactions; (v) Uterine perforation, also known as a hole in the uterus, or other damage to the uterus; (vi) Sterility; (vii) Injury to the bowel or bladder; (viii) Possible hysterectomy as a result of complication or injury during the procedure; (ix) Failure to remove all products of conception; (x) Possible continuation of pregnancy; (xi) Cramping of the uterus or pelvic pain; (xii) Cervical laceration; (xiii) Incompetent cervix; (xiv) Emergency treatment for any complications; and (xv) Death; (D) A description of additional information that shall be provided by the physician to the pregnant woman under state law; and (E) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent before performing an abortion.

(A) A description of the pregnant woman's rights, including the right to informed consent as granted by this subchapter;

(B) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman;

(C) A detailed list of the risks and hazards related to the surgical or medical procedures that are planned to be for the pregnant woman, including without limitation the following risks and hazards that may occur: (i) Infection; (ii) Blood clots; (iii) Hemorrhage; (iv) Allergic reactions; (v) Uterine perforation, also known as a hole in the uterus, or other damage to the uterus; (vi) Sterility; (vii) Injury to the bowel or bladder; (viii) Possible hysterectomy as a result of complication or injury during the procedure; (ix) Failure to remove all products of conception; (x) Possible continuation of pregnancy; (xi) Cramping of the uterus or pelvic pain; (xii) Cervical laceration; (xiii) Incompetent cervix; (xiv) Emergency treatment for any complications; and (xv) Death;

(i) Infection;

(ii) Blood clots;

(iii) Hemorrhage;

(iv) Allergic reactions;

(v) Uterine perforation, also known as a hole in the uterus, or other damage to the uterus;

(vi) Sterility;

(vii) Injury to the bowel or bladder;

(viii) Possible hysterectomy as a result of complication or injury during the procedure;

(ix) Failure to remove all products of conception;

(x) Possible continuation of pregnancy;

(xi) Cramping of the uterus or pelvic pain;

(xii) Cervical laceration;

(xiii) Incompetent cervix;

(xiv) Emergency treatment for any complications; and

(xv) Death;

(D) A description of additional information that shall be provided by the physician to the pregnant woman under state law; and

(E) Any additional information that may be provided to a woman under the laws of this state in order for a physician to obtain her informed consent before performing an abortion.

(c) (1) In the event of a medical emergency requiring an immediate termination of pregnancy, the physician who performed the abortion clearly certifies in writing the nature of the medical emergency and the circumstances that necessitated the waiving of the informed consent requirements under this subchapter. (2) The certification required under subdivision (c)(1) of this section shall be signed by the physician who performed the emergency abortion and shall be permanently filed in both the records of the physician performing the abortion and the records of the facility where the abortion took place.

(1) In the event of a medical emergency requiring an immediate termination of pregnancy, the physician who performed the abortion clearly certifies in writing the nature of the medical emergency and the circumstances that necessitated the waiving of the informed consent requirements under this subchapter.

(2) The certification required under subdivision (c)(1) of this section shall be signed by the physician who performed the emergency abortion and shall be permanently filed in both the records of the physician performing the abortion and the records of the facility where the abortion took place.

(d) A physician, facility, employee or volunteer of a facility, or any other person or entity shall not require or obtain payment for a service provided in relation to abortion to a patient who has inquired about an abortion or scheduled an abortion until the expiration of the seventy-two-hour reflection period required in this section.

(e) All ultrasound images, test results, and forms signed by the patient or legal guardian shall be retained as a part of the patient's medical record and be made available for inspection by the department or other authorized agency.

Amended by Act 2021, No. 740,§ 3, eff. 7/28/2021.

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

Amended by Act 2019, No. 801,§ 11, eff. 7/24/2019.

Amended by Act 2019, No. 801,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 801,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 801,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 522,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 383,§ 3, eff. 8/1/2017.

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-27-1805 — AR Code / Title 20 / Chapter 27 / Subchapter 18 / Section 20-27-1805
Exemptions
Status: in_force

An owner or operator of any of the following areas may exempt itself from this subchapter: (1) Private residences except when used as a licensed childcare, adult daycare, or healthcare facility; (2) (A) Hotel and motel rooms that are rented to guests and are designated as smoking rooms. (B) However, if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in the hotel or motel may be designated as exempt from this subchapter; (3) (A) All workplaces of any employer with fewer than three (3) employees. (B) This exemption does not apply to any public place; (4) A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas in which smoking is prohibited under this subchapter; (5) (A) An area within a long-term care facility that is designated by the long-term care facility as a smoking area for supervised patient and supervisory staff smoking; or (B) An area outside of the long-term care facility that is designated for visitors and staff that is beyond twenty-five feet (25') of any primary entryway or opening of a long-term care facility; (6) Outdoor areas of places of employment; (7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities; (8) (A) All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21) years of age from entering the premises if secondhand smoke does not infiltrate into areas in which smoking is prohibited under this subchapter. (B) All restaurants and bars that are exempt under this subdivision (8) shall prominently display a health warning sign as defined by the State Board of Health; and (9) Designated smoking areas on the gaming floor of any casino licensee of the Arkansas Racing Commission. Amended by Act 2019, No. 947,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 708,§ 2, eff. 7/22/2015. Acts 2006 (1st Ex. Sess.), No. 8, § 1.

An owner or operator of any of the following areas may exempt itself from this subchapter:

(1) Private residences except when used as a licensed childcare, adult daycare, or healthcare facility;

(2) (A) Hotel and motel rooms that are rented to guests and are designated as smoking rooms. (B) However, if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in the hotel or motel may be designated as exempt from this subchapter;

(A) Hotel and motel rooms that are rented to guests and are designated as smoking rooms.

(B) However, if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in the hotel or motel may be designated as exempt from this subchapter;

(3) (A) All workplaces of any employer with fewer than three (3) employees. (B) This exemption does not apply to any public place;

(A) All workplaces of any employer with fewer than three (3) employees.

(B) This exemption does not apply to any public place;

(4) A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas in which smoking is prohibited under this subchapter;

(5) (A) An area within a long-term care facility that is designated by the long-term care facility as a smoking area for supervised patient and supervisory staff smoking; or (B) An area outside of the long-term care facility that is designated for visitors and staff that is beyond twenty-five feet (25') of any primary entryway or opening of a long-term care facility;

(A) An area within a long-term care facility that is designated by the long-term care facility as a smoking area for supervised patient and supervisory staff smoking; or

(B) An area outside of the long-term care facility that is designated for visitors and staff that is beyond twenty-five feet (25') of any primary entryway or opening of a long-term care facility;

(6) Outdoor areas of places of employment;

(7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities;

(8) (A) All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21) years of age from entering the premises if secondhand smoke does not infiltrate into areas in which smoking is prohibited under this subchapter. (B) All restaurants and bars that are exempt under this subdivision (8) shall prominently display a health warning sign as defined by the State Board of Health; and

(A) All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21) years of age from entering the premises if secondhand smoke does not infiltrate into areas in which smoking is prohibited under this subchapter.

(B) All restaurants and bars that are exempt under this subdivision (8) shall prominently display a health warning sign as defined by the State Board of Health; and

(9) Designated smoking areas on the gaming floor of any casino licensee of the Arkansas Racing Commission.

Amended by Act 2019, No. 947,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 708,§ 2, eff. 7/22/2015.

Acts 2006 (1st Ex. Sess.), No. 8, § 1.
Ark. Code Ann. § 20-7-610 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-610
Authority to seek funding
Status: in_force

(a) The Department of Health may make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the Prescription Drug Monitoring Program. (b) A fee shall not be levied against practitioners for the purpose of funding or complying with the Prescription Drug Monitoring Program. Acts 2011, No. 304, § 1.

(a) The Department of Health may make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the Prescription Drug Monitoring Program.

(b) A fee shall not be levied against practitioners for the purpose of funding or complying with the Prescription Drug Monitoring Program.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-13-510 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-510
Personnel immunity
Status: in_force

None of the personnel within any of the components of the PC-DI-TL sevices system shall incur personal liability or be placed in any legal jeopardy for laboratory services provided, analyses executed and reported, information proffered in good faith, professional judgments and responses provided for the system, or any good faith professional efforts to effectuate the purposes of this subchapter. Acts 1975, No. 600, § 8; A.S.A. 1947, § 82-3508.

None of the personnel within any of the components of the PC-DI-TL sevices system shall incur personal liability or be placed in any legal jeopardy for laboratory services provided, analyses executed and reported, information proffered in good faith, professional judgments and responses provided for the system, or any good faith professional efforts to effectuate the purposes of this subchapter.

Acts 1975, No. 600, § 8; A.S.A. 1947, § 82-3508.
Ark. Code Ann. § 20-17-801 — AR Code / Title 20 / Chapter 17 / Subchapter 8 / Section 20-17-801
Fetus and tissue generally - Definitions
Status: in_force

(a) (1) (A) Any physician removing or otherwise acquiring human tissue, in his or her discretion, after making or causing to be made scientific examination of the human tissue as he or she may deem appropriate or as may be required by law, custom, or rules and regulations of the hospital or other institution in which the human tissue may have been removed or acquired, may authorize disposition of the human tissue in a respectful and proper manner after separating the human tissue from other medical waste. (B) The physician may authorize the disposition pursuant to this subsection unless he or she has been furnished, before removal or acquisition of the tissue or at any time before its disposal, a written request that the tissue be delivered to the patient or someone in his or her behalf or, if death has occurred, to the person claiming the dead body for burial or cremation. (2) However, human tissue shall not be delivered except as may be permitted by rules of the State Board of Health. (3) Any hospital or other institution acquiring possession of any human tissue and not having written instructions to the contrary from the attending physician, the patient, or the person claiming a dead body for burial or cremation, or someone acting in their behalf, may immediately dispose of the human tissue as provided for in this subsection. (b) (1) (A) An external member of the human body shall not be disposed of pursuant to subsection (a) of this section within forty-eight (48) hours of its removal or acquisition unless consent is obtained in writing from the patient or the person authorizing the medical or surgical treatment of the patient. (B) A dead fetus shall be disposed of in accordance with the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 . (2) For the purposes of this section: (A) "Dead fetus" means a product of human conception exclusive of its placenta or connective tissue, which has suffered death prior to its complete expulsion or extraction from the mother as established by the fact that, after the expulsion or extraction the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles; (B) "External member of the human body" means an arm or one (1) or more joints of the arm, a hand, a finger or one (1) or more joints of the finger, a leg or one (1) or more joints of the leg, a foot, a toe or one (1) or more joints of the toe, an ear or the greater part of the ear, or the nose or the greater part of the nose; (C) "Human tissue" means any tissue of the human body, including without limitation an external member of the human body, placenta, or fetal connective tissue; and (D) "Respectful and proper manner" means either releasing the human tissue to the patient or authorized person, incineration, burial, or cremation. (c) (1) The board shall promulgate all reasonable and necessary rules to implement the provisions of this section. (2) Facilities licensed by the Department of Health shall establish operational policies to implement the board rules and this section. Amended by Act 2019, No. 315,§ 1953, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1952, eff. 7/24/2019. Amended by Act 2017, No. 603,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 603,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 535,§ 1, eff. 7/22/2015. Acts 1971, No. 538, §§ 1, 2; A.S.A. 1947, §§ 82-434, 82-435.

(a) (1) (A) Any physician removing or otherwise acquiring human tissue, in his or her discretion, after making or causing to be made scientific examination of the human tissue as he or she may deem appropriate or as may be required by law, custom, or rules and regulations of the hospital or other institution in which the human tissue may have been removed or acquired, may authorize disposition of the human tissue in a respectful and proper manner after separating the human tissue from other medical waste. (B) The physician may authorize the disposition pursuant to this subsection unless he or she has been furnished, before removal or acquisition of the tissue or at any time before its disposal, a written request that the tissue be delivered to the patient or someone in his or her behalf or, if death has occurred, to the person claiming the dead body for burial or cremation. (2) However, human tissue shall not be delivered except as may be permitted by rules of the State Board of Health. (3) Any hospital or other institution acquiring possession of any human tissue and not having written instructions to the contrary from the attending physician, the patient, or the person claiming a dead body for burial or cremation, or someone acting in their behalf, may immediately dispose of the human tissue as provided for in this subsection.

(1) (A) Any physician removing or otherwise acquiring human tissue, in his or her discretion, after making or causing to be made scientific examination of the human tissue as he or she may deem appropriate or as may be required by law, custom, or rules and regulations of the hospital or other institution in which the human tissue may have been removed or acquired, may authorize disposition of the human tissue in a respectful and proper manner after separating the human tissue from other medical waste. (B) The physician may authorize the disposition pursuant to this subsection unless he or she has been furnished, before removal or acquisition of the tissue or at any time before its disposal, a written request that the tissue be delivered to the patient or someone in his or her behalf or, if death has occurred, to the person claiming the dead body for burial or cremation.

(A) Any physician removing or otherwise acquiring human tissue, in his or her discretion, after making or causing to be made scientific examination of the human tissue as he or she may deem appropriate or as may be required by law, custom, or rules and regulations of the hospital or other institution in which the human tissue may have been removed or acquired, may authorize disposition of the human tissue in a respectful and proper manner after separating the human tissue from other medical waste.

(B) The physician may authorize the disposition pursuant to this subsection unless he or she has been furnished, before removal or acquisition of the tissue or at any time before its disposal, a written request that the tissue be delivered to the patient or someone in his or her behalf or, if death has occurred, to the person claiming the dead body for burial or cremation.

(2) However, human tissue shall not be delivered except as may be permitted by rules of the State Board of Health.

(3) Any hospital or other institution acquiring possession of any human tissue and not having written instructions to the contrary from the attending physician, the patient, or the person claiming a dead body for burial or cremation, or someone acting in their behalf, may immediately dispose of the human tissue as provided for in this subsection.

(b) (1) (A) An external member of the human body shall not be disposed of pursuant to subsection (a) of this section within forty-eight (48) hours of its removal or acquisition unless consent is obtained in writing from the patient or the person authorizing the medical or surgical treatment of the patient. (B) A dead fetus shall be disposed of in accordance with the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 . (2) For the purposes of this section: (A) "Dead fetus" means a product of human conception exclusive of its placenta or connective tissue, which has suffered death prior to its complete expulsion or extraction from the mother as established by the fact that, after the expulsion or extraction the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles; (B) "External member of the human body" means an arm or one (1) or more joints of the arm, a hand, a finger or one (1) or more joints of the finger, a leg or one (1) or more joints of the leg, a foot, a toe or one (1) or more joints of the toe, an ear or the greater part of the ear, or the nose or the greater part of the nose; (C) "Human tissue" means any tissue of the human body, including without limitation an external member of the human body, placenta, or fetal connective tissue; and (D) "Respectful and proper manner" means either releasing the human tissue to the patient or authorized person, incineration, burial, or cremation.

(1) (A) An external member of the human body shall not be disposed of pursuant to subsection (a) of this section within forty-eight (48) hours of its removal or acquisition unless consent is obtained in writing from the patient or the person authorizing the medical or surgical treatment of the patient. (B) A dead fetus shall be disposed of in accordance with the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 .

(A) An external member of the human body shall not be disposed of pursuant to subsection (a) of this section within forty-eight (48) hours of its removal or acquisition unless consent is obtained in writing from the patient or the person authorizing the medical or surgical treatment of the patient.

(B) A dead fetus shall be disposed of in accordance with the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 .

(2) For the purposes of this section: (A) "Dead fetus" means a product of human conception exclusive of its placenta or connective tissue, which has suffered death prior to its complete expulsion or extraction from the mother as established by the fact that, after the expulsion or extraction the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles; (B) "External member of the human body" means an arm or one (1) or more joints of the arm, a hand, a finger or one (1) or more joints of the finger, a leg or one (1) or more joints of the leg, a foot, a toe or one (1) or more joints of the toe, an ear or the greater part of the ear, or the nose or the greater part of the nose; (C) "Human tissue" means any tissue of the human body, including without limitation an external member of the human body, placenta, or fetal connective tissue; and (D) "Respectful and proper manner" means either releasing the human tissue to the patient or authorized person, incineration, burial, or cremation.

(A) "Dead fetus" means a product of human conception exclusive of its placenta or connective tissue, which has suffered death prior to its complete expulsion or extraction from the mother as established by the fact that, after the expulsion or extraction the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles;

(B) "External member of the human body" means an arm or one (1) or more joints of the arm, a hand, a finger or one (1) or more joints of the finger, a leg or one (1) or more joints of the leg, a foot, a toe or one (1) or more joints of the toe, an ear or the greater part of the ear, or the nose or the greater part of the nose;

(C) "Human tissue" means any tissue of the human body, including without limitation an external member of the human body, placenta, or fetal connective tissue; and

(D) "Respectful and proper manner" means either releasing the human tissue to the patient or authorized person, incineration, burial, or cremation.

(c) (1) The board shall promulgate all reasonable and necessary rules to implement the provisions of this section. (2) Facilities licensed by the Department of Health shall establish operational policies to implement the board rules and this section.

(1) The board shall promulgate all reasonable and necessary rules to implement the provisions of this section.

(2) Facilities licensed by the Department of Health shall establish operational policies to implement the board rules and this section.

Amended by Act 2019, No. 315,§ 1953, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1952, eff. 7/24/2019.

Amended by Act 2017, No. 603,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 603,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 535,§ 1, eff. 7/22/2015.

Acts 1971, No. 538, §§ 1, 2; A.S.A. 1947, §§ 82-434, 82-435.
Ark. Code Ann. § 20-14-902 — AR Code / Title 20 / Chapter 14 / Subchapter 9 / Section 20-14-902
Definitions
Status: in_force

As used in this subchapter: (1) "Anatomical gift" means a donation of all or part of a donor's body after his or her death for transplantation or transfusion purposes; (2) "Auxiliary aids and services" includes without limitation: (A) Qualified interpreters and other effective methods of making aurally delivered materials available to individuals with hearing impairments; (B) Qualified readers, taped texts, and other effective methods of making visually delivered materials available to individuals with visual impairments; (C) The provision of information in an accessible format for individuals with cognitive, neurological, developmental, or intellectual disabilities; (D) The provision of supported decision-making services; (E) The acquisition or modification of equipment or devices; and (F) Other similar services and actions; (3) "Covered entity" means: (A) A licensed provider of healthcare services, including without limitation licensed healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; and (B) An entity responsible for matching anatomical gift or organ donors to potential recipients; (4) "Disability" means the same as stated in 42 U.S.C. § 12102 , as it existed on January 1, 2021; (5) "Organ transplant" means the transplantation or transfusion of a part of a human body into another human body to treat or cure a medical condition; (6) "Qualified individual" means an individual who: (A) Has a disability; and (B) Meets the essential eligibility requirements for the receipt of an anatomical gift or organ transplant with or without: (i) Support networks available to the individual; (ii) The provision of auxiliary aids and services; and (iii) Reasonable modifications to policies, practices, or procedures of a covered entity; (7) "Reasonable modification" means: (A) Communication with individuals responsible for supporting a qualified individual with post-surgical and post-transplantation care, including without limitation the administration of medication; and (B) Consideration of support networks available to a qualified individual to determine the qualified individual's ability to comply with post-transplant medical requirements, including without limitation consideration of: (i) Family, friends, and home- and community-based services funded through Medicaid, Medicare, or another healthcare plan; and (ii) Any program or source of funding available to the qualified individual; and (8) "Supported decision-making" means the use of a support person to: (A) Assist a qualified individual in making medical decisions; (B) Communicate information to a qualified individual; (C) Ascertain a qualified individual's wishes, including without limitation: (i) Including the qualified individual's attorney-in-fact, healthcare proxy, or any person of the qualified individual's choice in communications about his or her medical care; (ii) Permitting the qualified individual access to a person of his or her choice for support in communicating, processing information, or making medical decisions; (iii) Providing auxiliary aids and services to facilitate the qualified individual's ability to communicate and process health-related information, including without limitation the use of assistive technology; (iv) Providing information to persons designated by the qualified individual, consistent with the provisions of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1301 et seq., as it existed on January 1, 2021, and other applicable laws and regulations governing disclosure of health information; (v) Providing health information in a format that is readily understandable by the qualified individual; and (vi) Ensuring that the qualified individual is included in decisions involving his or her own health care and that medical decisions are in accordance with the qualified individual's own expressed interests when he or she has a court-appointed guardian or other individual responsible for medical decisions on his or her behalf; or (D) Any combination of the activities described in subdivisions (8)(A)-(C) of this section. Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.

As used in this subchapter:

(1) "Anatomical gift" means a donation of all or part of a donor's body after his or her death for transplantation or transfusion purposes;

(2) "Auxiliary aids and services" includes without limitation: (A) Qualified interpreters and other effective methods of making aurally delivered materials available to individuals with hearing impairments; (B) Qualified readers, taped texts, and other effective methods of making visually delivered materials available to individuals with visual impairments; (C) The provision of information in an accessible format for individuals with cognitive, neurological, developmental, or intellectual disabilities; (D) The provision of supported decision-making services; (E) The acquisition or modification of equipment or devices; and (F) Other similar services and actions;

(A) Qualified interpreters and other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(B) Qualified readers, taped texts, and other effective methods of making visually delivered materials available to individuals with visual impairments;

(C) The provision of information in an accessible format for individuals with cognitive, neurological, developmental, or intellectual disabilities;

(D) The provision of supported decision-making services;

(E) The acquisition or modification of equipment or devices; and

(F) Other similar services and actions;

(3) "Covered entity" means: (A) A licensed provider of healthcare services, including without limitation licensed healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; and (B) An entity responsible for matching anatomical gift or organ donors to potential recipients;

(A) A licensed provider of healthcare services, including without limitation licensed healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; and

(B) An entity responsible for matching anatomical gift or organ donors to potential recipients;

(4) "Disability" means the same as stated in 42 U.S.C. § 12102 , as it existed on January 1, 2021;

(5) "Organ transplant" means the transplantation or transfusion of a part of a human body into another human body to treat or cure a medical condition;

(6) "Qualified individual" means an individual who: (A) Has a disability; and (B) Meets the essential eligibility requirements for the receipt of an anatomical gift or organ transplant with or without: (i) Support networks available to the individual; (ii) The provision of auxiliary aids and services; and (iii) Reasonable modifications to policies, practices, or procedures of a covered entity;

(A) Has a disability; and

(B) Meets the essential eligibility requirements for the receipt of an anatomical gift or organ transplant with or without: (i) Support networks available to the individual; (ii) The provision of auxiliary aids and services; and (iii) Reasonable modifications to policies, practices, or procedures of a covered entity;

(i) Support networks available to the individual;

(ii) The provision of auxiliary aids and services; and

(iii) Reasonable modifications to policies, practices, or procedures of a covered entity;

(7) "Reasonable modification" means: (A) Communication with individuals responsible for supporting a qualified individual with post-surgical and post-transplantation care, including without limitation the administration of medication; and (B) Consideration of support networks available to a qualified individual to determine the qualified individual's ability to comply with post-transplant medical requirements, including without limitation consideration of: (i) Family, friends, and home- and community-based services funded through Medicaid, Medicare, or another healthcare plan; and (ii) Any program or source of funding available to the qualified individual; and

(A) Communication with individuals responsible for supporting a qualified individual with post-surgical and post-transplantation care, including without limitation the administration of medication; and

(B) Consideration of support networks available to a qualified individual to determine the qualified individual's ability to comply with post-transplant medical requirements, including without limitation consideration of: (i) Family, friends, and home- and community-based services funded through Medicaid, Medicare, or another healthcare plan; and (ii) Any program or source of funding available to the qualified individual; and

(i) Family, friends, and home- and community-based services funded through Medicaid, Medicare, or another healthcare plan; and

(ii) Any program or source of funding available to the qualified individual; and

(8) "Supported decision-making" means the use of a support person to: (A) Assist a qualified individual in making medical decisions; (B) Communicate information to a qualified individual; (C) Ascertain a qualified individual's wishes, including without limitation: (i) Including the qualified individual's attorney-in-fact, healthcare proxy, or any person of the qualified individual's choice in communications about his or her medical care; (ii) Permitting the qualified individual access to a person of his or her choice for support in communicating, processing information, or making medical decisions; (iii) Providing auxiliary aids and services to facilitate the qualified individual's ability to communicate and process health-related information, including without limitation the use of assistive technology; (iv) Providing information to persons designated by the qualified individual, consistent with the provisions of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1301 et seq., as it existed on January 1, 2021, and other applicable laws and regulations governing disclosure of health information; (v) Providing health information in a format that is readily understandable by the qualified individual; and (vi) Ensuring that the qualified individual is included in decisions involving his or her own health care and that medical decisions are in accordance with the qualified individual's own expressed interests when he or she has a court-appointed guardian or other individual responsible for medical decisions on his or her behalf; or (D) Any combination of the activities described in subdivisions (8)(A)-(C) of this section.

(A) Assist a qualified individual in making medical decisions;

(B) Communicate information to a qualified individual;

(C) Ascertain a qualified individual's wishes, including without limitation: (i) Including the qualified individual's attorney-in-fact, healthcare proxy, or any person of the qualified individual's choice in communications about his or her medical care; (ii) Permitting the qualified individual access to a person of his or her choice for support in communicating, processing information, or making medical decisions; (iii) Providing auxiliary aids and services to facilitate the qualified individual's ability to communicate and process health-related information, including without limitation the use of assistive technology; (iv) Providing information to persons designated by the qualified individual, consistent with the provisions of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1301 et seq., as it existed on January 1, 2021, and other applicable laws and regulations governing disclosure of health information; (v) Providing health information in a format that is readily understandable by the qualified individual; and (vi) Ensuring that the qualified individual is included in decisions involving his or her own health care and that medical decisions are in accordance with the qualified individual's own expressed interests when he or she has a court-appointed guardian or other individual responsible for medical decisions on his or her behalf; or

(i) Including the qualified individual's attorney-in-fact, healthcare proxy, or any person of the qualified individual's choice in communications about his or her medical care;

(ii) Permitting the qualified individual access to a person of his or her choice for support in communicating, processing information, or making medical decisions;

(iii) Providing auxiliary aids and services to facilitate the qualified individual's ability to communicate and process health-related information, including without limitation the use of assistive technology;

(iv) Providing information to persons designated by the qualified individual, consistent with the provisions of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1301 et seq., as it existed on January 1, 2021, and other applicable laws and regulations governing disclosure of health information;

(v) Providing health information in a format that is readily understandable by the qualified individual; and

(vi) Ensuring that the qualified individual is included in decisions involving his or her own health care and that medical decisions are in accordance with the qualified individual's own expressed interests when he or she has a court-appointed guardian or other individual responsible for medical decisions on his or her behalf; or

(D) Any combination of the activities described in subdivisions (8)(A)-(C) of this section.

Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 20-60-210 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-210
Inspection procedures
Status: in_force

(a) For the purpose of preventing the entry into or movement in intrastate commerce of any livestock carcass, part of a livestock carcass, or meat food product that is unwholesome or adulterated and is intended for use as human food, the Secretary of the Department of Agriculture shall, if and to the extent considered by him or her necessary, cause to be made by inspectors antemortem inspection of livestock in any official establishment where livestock are slaughtered for intrastate commerce. (b) (1) For the purpose stated in subsection (a) of this section, the secretary, whenever slaughtering or other processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the livestock carcass or part of the livestock carcass of each animal slaughtered in any official establishment. (2) The secretary shall cause to be made by inspectors an inspection of all meat food products processed in any official establishment in which meat food products are processed for intrastate commerce. (c) The secretary shall also cause, at any time, such quarantine, segregation, and reinspection of livestock, livestock carcasses, parts of livestock carcasses, and meat food products in official establishments as he or she deems necessary to effectuate the purposes of this subchapter. (d) (1) All livestock carcasses, parts of livestock carcasses, and meat food products found by an inspector to be unwholesome or adulterated in any official establishment shall: (A) Be condemned; and (B) If no appeal is taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector. (2) However, meat or meat food products that may be made wholesome and unadulterated by reprocessing need not be condemned and destroyed if reprocessed under the supervision of an inspector and are thereafter found by an inspector to be wholesome and unadulterated. (3) (A) If any appeal is taken from the determination of condemnation under subdivision (d)(1) of this section, the meat or meat food products shall be appropriately marked and segregated pending completion of an appeal inspection. (B) If the determination of condemnation is sustained under subdivision (d)(1) of this section, the meat or meat food products shall be destroyed for human food purposes under the supervision of an inspector. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 910,§ 5079, eff. 7/1/2019. Acts 1967, No. 320, § 4; A.S.A. 1947, § 82-2004.

(a) For the purpose of preventing the entry into or movement in intrastate commerce of any livestock carcass, part of a livestock carcass, or meat food product that is unwholesome or adulterated and is intended for use as human food, the Secretary of the Department of Agriculture shall, if and to the extent considered by him or her necessary, cause to be made by inspectors antemortem inspection of livestock in any official establishment where livestock are slaughtered for intrastate commerce.

(b) (1) For the purpose stated in subsection (a) of this section, the secretary, whenever slaughtering or other processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the livestock carcass or part of the livestock carcass of each animal slaughtered in any official establishment. (2) The secretary shall cause to be made by inspectors an inspection of all meat food products processed in any official establishment in which meat food products are processed for intrastate commerce.

(1) For the purpose stated in subsection (a) of this section, the secretary, whenever slaughtering or other processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the livestock carcass or part of the livestock carcass of each animal slaughtered in any official establishment.

(2) The secretary shall cause to be made by inspectors an inspection of all meat food products processed in any official establishment in which meat food products are processed for intrastate commerce.

(c) The secretary shall also cause, at any time, such quarantine, segregation, and reinspection of livestock, livestock carcasses, parts of livestock carcasses, and meat food products in official establishments as he or she deems necessary to effectuate the purposes of this subchapter.

(d) (1) All livestock carcasses, parts of livestock carcasses, and meat food products found by an inspector to be unwholesome or adulterated in any official establishment shall: (A) Be condemned; and (B) If no appeal is taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector. (2) However, meat or meat food products that may be made wholesome and unadulterated by reprocessing need not be condemned and destroyed if reprocessed under the supervision of an inspector and are thereafter found by an inspector to be wholesome and unadulterated. (3) (A) If any appeal is taken from the determination of condemnation under subdivision (d)(1) of this section, the meat or meat food products shall be appropriately marked and segregated pending completion of an appeal inspection. (B) If the determination of condemnation is sustained under subdivision (d)(1) of this section, the meat or meat food products shall be destroyed for human food purposes under the supervision of an inspector.

(1) All livestock carcasses, parts of livestock carcasses, and meat food products found by an inspector to be unwholesome or adulterated in any official establishment shall: (A) Be condemned; and (B) If no appeal is taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector.

(A) Be condemned; and

(B) If no appeal is taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector.

(2) However, meat or meat food products that may be made wholesome and unadulterated by reprocessing need not be condemned and destroyed if reprocessed under the supervision of an inspector and are thereafter found by an inspector to be wholesome and unadulterated.

(3) (A) If any appeal is taken from the determination of condemnation under subdivision (d)(1) of this section, the meat or meat food products shall be appropriately marked and segregated pending completion of an appeal inspection. (B) If the determination of condemnation is sustained under subdivision (d)(1) of this section, the meat or meat food products shall be destroyed for human food purposes under the supervision of an inspector.

(A) If any appeal is taken from the determination of condemnation under subdivision (d)(1) of this section, the meat or meat food products shall be appropriately marked and segregated pending completion of an appeal inspection.

(B) If the determination of condemnation is sustained under subdivision (d)(1) of this section, the meat or meat food products shall be destroyed for human food purposes under the supervision of an inspector.

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

Amended by Act 2019, No. 910,§ 5079, eff. 7/1/2019.

Acts 1967, No. 320, § 4; A.S.A. 1947, § 82-2004.
Ark. Code Ann. § 20-27-2107 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2107
Penalties
Status: in_force

(a) (1) A manufacturer, wholesaler, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale. (2) The penalty against a person or entity shall not exceed one hundred thousand dollars ($100,000) during any thirty-day period. (b) (1) A retailer that knowingly sells or offers to sell cigarettes in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale. (2) The penalty against a retailer shall not exceed twenty-five thousand dollars ($25,000) for sales or offers to sell during any thirty-day period. (c) In addition to any penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification under § 20-27-2105 is subject to a civil penalty of at least seventy-five thousand dollars ($75,000) and not to exceed two hundred fifty thousand dollars ($250,000) for each false certification. (d) A person who violates any other provision of this subchapter is subject to a civil penalty for a first offense in an amount not to exceed one thousand dollars ($1,000) and for a subsequent offense in an amount not to exceed five thousand dollars ($5,000) for each violation. (e) It is a defense in an action for civil penalties that a wholesaler, retailer, or a person in the stream of commerce relied in good faith on a manufacturer's certificate or marking that the cigarettes complied with this subchapter. (f) (1) An authorized representative of the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control may seize and take possession of cigarettes: (A) For which no certification has been filed as required by § 20-27-2105 ; or (B) That have not been marked as required by § 20-27-2106 . (2) (A) Cigarettes seized under this section shall be destroyed. (B) Before the destruction of cigarettes seized under this section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes. (g) (1) In addition to any other remedy provided by law, the Attorney General may file an action in circuit court for a violation of this subchapter, including petitioning: (A) For preliminary or permanent injunctive relief against a manufacturer, importer, wholesaler, retailer, or any other person or entity to enjoin the person or entity from selling, offering to sell, or affixing tax stamps to cigarettes that do not comply with the requirements of this subchapter; or (B) To recover costs or damages suffered by the state because of a violation of this subchapter, including enforcement costs relating to the specific violation and attorney's fees. (2) Each violation of this subchapter or of the rules adopted under this subchapter constitutes a separate civil violation for which the director or the Attorney General may obtain relief. (3) Upon obtaining judgment for injunctive relief under this section, the director or the Attorney General shall provide a copy of the judgment to all wholesalers to which the cigarettes have been sold. Amended by Act 2019, No. 910,§ 3485, eff. 7/1/2019. Acts 2009, No. 697, § 2.

(a) (1) A manufacturer, wholesaler, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale. (2) The penalty against a person or entity shall not exceed one hundred thousand dollars ($100,000) during any thirty-day period.

(1) A manufacturer, wholesaler, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale.

(2) The penalty against a person or entity shall not exceed one hundred thousand dollars ($100,000) during any thirty-day period.

(b) (1) A retailer that knowingly sells or offers to sell cigarettes in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale. (2) The penalty against a retailer shall not exceed twenty-five thousand dollars ($25,000) for sales or offers to sell during any thirty-day period.

(1) A retailer that knowingly sells or offers to sell cigarettes in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale.

(2) The penalty against a retailer shall not exceed twenty-five thousand dollars ($25,000) for sales or offers to sell during any thirty-day period.

(c) In addition to any penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification under § 20-27-2105 is subject to a civil penalty of at least seventy-five thousand dollars ($75,000) and not to exceed two hundred fifty thousand dollars ($250,000) for each false certification.

(d) A person who violates any other provision of this subchapter is subject to a civil penalty for a first offense in an amount not to exceed one thousand dollars ($1,000) and for a subsequent offense in an amount not to exceed five thousand dollars ($5,000) for each violation.

(e) It is a defense in an action for civil penalties that a wholesaler, retailer, or a person in the stream of commerce relied in good faith on a manufacturer's certificate or marking that the cigarettes complied with this subchapter.

(f) (1) An authorized representative of the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control may seize and take possession of cigarettes: (A) For which no certification has been filed as required by § 20-27-2105 ; or (B) That have not been marked as required by § 20-27-2106 . (2) (A) Cigarettes seized under this section shall be destroyed. (B) Before the destruction of cigarettes seized under this section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes.

(1) An authorized representative of the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control may seize and take possession of cigarettes: (A) For which no certification has been filed as required by § 20-27-2105 ; or (B) That have not been marked as required by § 20-27-2106 .

(A) For which no certification has been filed as required by § 20-27-2105 ; or

(B) That have not been marked as required by § 20-27-2106 .

(2) (A) Cigarettes seized under this section shall be destroyed. (B) Before the destruction of cigarettes seized under this section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes.

(A) Cigarettes seized under this section shall be destroyed.

(B) Before the destruction of cigarettes seized under this section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes.

(g) (1) In addition to any other remedy provided by law, the Attorney General may file an action in circuit court for a violation of this subchapter, including petitioning: (A) For preliminary or permanent injunctive relief against a manufacturer, importer, wholesaler, retailer, or any other person or entity to enjoin the person or entity from selling, offering to sell, or affixing tax stamps to cigarettes that do not comply with the requirements of this subchapter; or (B) To recover costs or damages suffered by the state because of a violation of this subchapter, including enforcement costs relating to the specific violation and attorney's fees. (2) Each violation of this subchapter or of the rules adopted under this subchapter constitutes a separate civil violation for which the director or the Attorney General may obtain relief. (3) Upon obtaining judgment for injunctive relief under this section, the director or the Attorney General shall provide a copy of the judgment to all wholesalers to which the cigarettes have been sold.

(1) In addition to any other remedy provided by law, the Attorney General may file an action in circuit court for a violation of this subchapter, including petitioning: (A) For preliminary or permanent injunctive relief against a manufacturer, importer, wholesaler, retailer, or any other person or entity to enjoin the person or entity from selling, offering to sell, or affixing tax stamps to cigarettes that do not comply with the requirements of this subchapter; or (B) To recover costs or damages suffered by the state because of a violation of this subchapter, including enforcement costs relating to the specific violation and attorney's fees.

(A) For preliminary or permanent injunctive relief against a manufacturer, importer, wholesaler, retailer, or any other person or entity to enjoin the person or entity from selling, offering to sell, or affixing tax stamps to cigarettes that do not comply with the requirements of this subchapter; or

(B) To recover costs or damages suffered by the state because of a violation of this subchapter, including enforcement costs relating to the specific violation and attorney's fees.

(2) Each violation of this subchapter or of the rules adopted under this subchapter constitutes a separate civil violation for which the director or the Attorney General may obtain relief.

(3) Upon obtaining judgment for injunctive relief under this section, the director or the Attorney General shall provide a copy of the judgment to all wholesalers to which the cigarettes have been sold.

Amended by Act 2019, No. 910,§ 3485, eff. 7/1/2019.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-28-106 — AR Code / Title 20 / Chapter 28 / Section 20-28-106
Disposition of funds
Status: in_force

(a) All fees, fines, and penalties collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only as specified in subsection (c) of this section for the operation of the Public Water System Supervision Program. (b) Subject to rules and regulations as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to the program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. (c) Expenditures of funds collected under this section shall be limited to the following purposes: (1) In the Division of Engineering of the Department of Health: (A) Personnel expenditures for staff engaged in program activities; (B) Expenditures for capital equipment, including vehicles, for program activities; (C) Maintenance and operation expenditures for staff engaged in program activities; (D) Expenditures for official business travel for staff engaged in program activities; (E) Expenditures for training and conferences for staff engaged in program activities; (F) Expenditures for public education activities in support of the program and the drinking water industry; (G) Expenditures for water system operator training activities; (H) Expenditures in support of a statewide wellhead protection program; (I) Expenditures for consultants and professional services in support of program activities; and (J) Expenditures for any other activities directly related to the program; and (2) In the Public Health Laboratory of the Department of Health: (A) Personnel expenditures for staff engaged in drinking water analyses; (B) Expenditures for capital equipment for drinking water analytical services; (C) Maintenance and operation expenditures for staff engaged in drinking water analytical services; (D) Expenditures for official business travel for staff engaged in drinking water analytical services; and (E) Expenditures for training and conferences for staff engaged in drinking water analytical services. Acts 1987, No. 95, § 6; 1991, No. 1053, § 1.

(a) All fees, fines, and penalties collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only as specified in subsection (c) of this section for the operation of the Public Water System Supervision Program.

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

(c) Expenditures of funds collected under this section shall be limited to the following purposes: (1) In the Division of Engineering of the Department of Health: (A) Personnel expenditures for staff engaged in program activities; (B) Expenditures for capital equipment, including vehicles, for program activities; (C) Maintenance and operation expenditures for staff engaged in program activities; (D) Expenditures for official business travel for staff engaged in program activities; (E) Expenditures for training and conferences for staff engaged in program activities; (F) Expenditures for public education activities in support of the program and the drinking water industry; (G) Expenditures for water system operator training activities; (H) Expenditures in support of a statewide wellhead protection program; (I) Expenditures for consultants and professional services in support of program activities; and (J) Expenditures for any other activities directly related to the program; and (2) In the Public Health Laboratory of the Department of Health: (A) Personnel expenditures for staff engaged in drinking water analyses; (B) Expenditures for capital equipment for drinking water analytical services; (C) Maintenance and operation expenditures for staff engaged in drinking water analytical services; (D) Expenditures for official business travel for staff engaged in drinking water analytical services; and (E) Expenditures for training and conferences for staff engaged in drinking water analytical services.

(1) In the Division of Engineering of the Department of Health: (A) Personnel expenditures for staff engaged in program activities; (B) Expenditures for capital equipment, including vehicles, for program activities; (C) Maintenance and operation expenditures for staff engaged in program activities; (D) Expenditures for official business travel for staff engaged in program activities; (E) Expenditures for training and conferences for staff engaged in program activities; (F) Expenditures for public education activities in support of the program and the drinking water industry; (G) Expenditures for water system operator training activities; (H) Expenditures in support of a statewide wellhead protection program; (I) Expenditures for consultants and professional services in support of program activities; and (J) Expenditures for any other activities directly related to the program; and

(A) Personnel expenditures for staff engaged in program activities;

(B) Expenditures for capital equipment, including vehicles, for program activities;

(C) Maintenance and operation expenditures for staff engaged in program activities;

(D) Expenditures for official business travel for staff engaged in program activities;

(E) Expenditures for training and conferences for staff engaged in program activities;

(F) Expenditures for public education activities in support of the program and the drinking water industry;

(G) Expenditures for water system operator training activities;

(H) Expenditures in support of a statewide wellhead protection program;

(I) Expenditures for consultants and professional services in support of program activities; and

(J) Expenditures for any other activities directly related to the program; and

(2) In the Public Health Laboratory of the Department of Health: (A) Personnel expenditures for staff engaged in drinking water analyses; (B) Expenditures for capital equipment for drinking water analytical services; (C) Maintenance and operation expenditures for staff engaged in drinking water analytical services; (D) Expenditures for official business travel for staff engaged in drinking water analytical services; and (E) Expenditures for training and conferences for staff engaged in drinking water analytical services.

(A) Personnel expenditures for staff engaged in drinking water analyses;

(B) Expenditures for capital equipment for drinking water analytical services;

(C) Maintenance and operation expenditures for staff engaged in drinking water analytical services;

(D) Expenditures for official business travel for staff engaged in drinking water analytical services; and

(E) Expenditures for training and conferences for staff engaged in drinking water analytical services.

Acts 1987, No. 95, § 6; 1991, No. 1053, § 1.
Ark. Code Ann. § 20-21-217 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-217
Licensing and registration requirements - Compliance with standards - Fees
Status: in_force

(a) Until the State Board of Health promulgates rules under subsection (c) of this section, the State Radiation Control Agency may charge and collect the following annual fees associated with licensing and registration of sources of ionizing radiation: (1) Hospitals or medical centers: (A) Category I-A ............... $900.00 (B) Category I-B ............... 700.00 (C) Category II-A ............... 650.00 (D) Category II-B ............... 450.00 (E) Category III ............... 200.00 (2) Radioactive material licenses: (A) Private practice, other than teletherapy units or particle accelerators ............... $100.00 (B) Radiography: (i) In plant ............... 350.00 for first bay ............... 500.00 for 2 or more bays (ii) Field ............... 1,000.00 (C) Wireline service operation................. 300.00 for 1 to 3 sources .........................500.00 for 4 or more sources (D) Academic: (i) Broad ............... 500.00 (ii) Other ............... 200.00 (E) Gas chromatograph devices and lead analyzers............... 100.00 (F) Nuclear gauges ............... 300.00 for 1 to 5 gauges .............................500.00 for 6 or more gauges (G) Particle accelerators, nonmedical ............... 200.00 (H) In vitro laboratory testing ............... 25.00 (I) Irradiators ............... 1,000.00 (J) Nuclear pharmacy ............... 1,000.00 (K) Mobile nuclear medicine service ............... 1,200.00 (L) Consultants ............... 250.00 (3) General licensed devices: Initial registration and annual fees for the receipt, possession, or use of radioactive material under a general license or a license obtained through reciprocity, as defined by the State Radiation Control Agency, shall be as follows: (A) Certain measuring, gauging, and controllingdevices ............... $300.00 (B) Generally licensed gas chromatographs ............... 200.00 (C) Static elimination devices ............... 100.00 (D) Source material devices ............... 500.00 (E) Devices containing depleted uranium ............... 500.00 (F) Public safety devices containing radioactive material ............... 50.00 (G) All other general license registrations other than those specified above ............... 150.00 (4) Other: (A) Medical, therapy, nonhospital unit ............... $250.00 for first unit ..................................175.00 for each additional unit (B) Particle accelerator, medical, nonhospital unit ............................................450.00 for first unit .......................................300.00 for each additional unit (C) State Board of Health Rules for Control of Sources of Ionizing Radiation ............... 0.00 for first copy ..........................................30.00 for each additional copy (D) Naturally occurring radioactive material license ............... 2,500.00 (E) Amendment to existing license ............... 50.00 per amendment (5) Reciprocity: (A) Naturally occurring radioactive material ............... $2,500.00 (B) Radiography, field ............... 1,000.00 (C) Wireline ............... 500.00 (D) Nuclear gauge ............... 500.00 (E) Consultant ............... 100.00 (6) Late fees: A late fee equal to ten percent (10%) of the applicable fee shall be charged for fees not received within sixty (60) days of the invoiced due date and for every sixty (60) days thereafter. (b) The State Radiation Control Agency may charge and collect the following annual fees associated with X-ray registrations: (1) All X-ray units, sixty-five dollars ($65.00) per tube up to a maximum of two hundred sixty dollars ($260); and (2) Vendor services providing radiation equipment services or radiation safety services, or both, sixty-five dollars ($65.00). (c) (1) For the fees under subsection (a) of this section, the board shall adopt rules to establish fees at a level to sustain operations of the State Radiation Control Agency's mandated programs. (2) The fees shall not: (A) Conflict with federal program schedules; or (B) Exceed twenty-five percent (25%) of the fees that would be levied by the United States Nuclear Regulatory Commission if the United States Nuclear Regulatory Commission were to regulate the State Radiation Control Agency's mandated programs. (d) Each application for reciprocal recognition of an out-of-state license or of an out-of-state registration shall be accompanied by the applicable annual fee, provided that no fee has been submitted during the calendar year of the application. (e) (1) The annual fee shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year. (2) (A) Applications for new licenses or registrations shall be accompanied by the appropriate fees. (B) An applicant shall be charged for a full calendar year regardless of the month the license or registration is issued. (3) Applications for amendments to licenses or registration certificates which result in a change to a more costly category shall be accompanied by a fee equal to the difference between the fee for the current category and the one to which the amended license or certificate will escalate. (4) Fee payments shall be by check, draft, or money order made payable to the Department of Health. (5) In any case in which the State Radiation Control Agency finds that an applicant for a new license or new certificate of registration has failed to pay the fee prescribed in this section, the State Radiation Control Agency shall not process that application until the fee is paid. (6) In any case in which the State Radiation Control Agency finds that a person has failed to pay a fee prescribed by this section within ninety (90) days of the date due, the State Radiation Control Agency may issue an order to show cause why that registration, license, or other service should not be revoked, suspended, or terminated, as appropriate. (f) Annual fees shall not be required for those applicants, licensees, registrants, or other applicable persons whose use of sources of radiation is certified as financed solely by the General Revenue Fund Account of the State Apportionment Fund. (g) All fees levied and collected under this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund. (h) Subject to the rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to licensing and registration for use of radioactive materials and X-ray equipment that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2021, No. 268,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2022, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516; Acts 1987, No. 504, § 2; 1995, No. 796, § 3; 2003, No. 1119, §§ 4-6; 2005, No. 929, § 1; 2011, No. 596, § 1.

(a) Until the State Board of Health promulgates rules under subsection (c) of this section, the State Radiation Control Agency may charge and collect the following annual fees associated with licensing and registration of sources of ionizing radiation: (1) Hospitals or medical centers: (A) Category I-A ............... $900.00 (B) Category I-B ............... 700.00 (C) Category II-A ............... 650.00 (D) Category II-B ............... 450.00 (E) Category III ............... 200.00 (2) Radioactive material licenses: (A) Private practice, other than teletherapy units or particle accelerators ............... $100.00 (B) Radiography: (i) In plant ............... 350.00 for first bay ............... 500.00 for 2 or more bays (ii) Field ............... 1,000.00 (C) Wireline service operation................. 300.00 for 1 to 3 sources .........................500.00 for 4 or more sources (D) Academic: (i) Broad ............... 500.00 (ii) Other ............... 200.00 (E) Gas chromatograph devices and lead analyzers............... 100.00 (F) Nuclear gauges ............... 300.00 for 1 to 5 gauges .............................500.00 for 6 or more gauges (G) Particle accelerators, nonmedical ............... 200.00 (H) In vitro laboratory testing ............... 25.00 (I) Irradiators ............... 1,000.00 (J) Nuclear pharmacy ............... 1,000.00 (K) Mobile nuclear medicine service ............... 1,200.00 (L) Consultants ............... 250.00 (3) General licensed devices: Initial registration and annual fees for the receipt, possession, or use of radioactive material under a general license or a license obtained through reciprocity, as defined by the State Radiation Control Agency, shall be as follows: (A) Certain measuring, gauging, and controllingdevices ............... $300.00 (B) Generally licensed gas chromatographs ............... 200.00 (C) Static elimination devices ............... 100.00 (D) Source material devices ............... 500.00 (E) Devices containing depleted uranium ............... 500.00 (F) Public safety devices containing radioactive material ............... 50.00 (G) All other general license registrations other than those specified above ............... 150.00 (4) Other: (A) Medical, therapy, nonhospital unit ............... $250.00 for first unit ..................................175.00 for each additional unit (B) Particle accelerator, medical, nonhospital unit ............................................450.00 for first unit .......................................300.00 for each additional unit (C) State Board of Health Rules for Control of Sources of Ionizing Radiation ............... 0.00 for first copy ..........................................30.00 for each additional copy (D) Naturally occurring radioactive material license ............... 2,500.00 (E) Amendment to existing license ............... 50.00 per amendment (5) Reciprocity: (A) Naturally occurring radioactive material ............... $2,500.00 (B) Radiography, field ............... 1,000.00 (C) Wireline ............... 500.00 (D) Nuclear gauge ............... 500.00 (E) Consultant ............... 100.00 (6) Late fees: A late fee equal to ten percent (10%) of the applicable fee shall be charged for fees not received within sixty (60) days of the invoiced due date and for every sixty (60) days thereafter.

(1) Hospitals or medical centers: (A) Category I-A ............... $900.00 (B) Category I-B ............... 700.00 (C) Category II-A ............... 650.00 (D) Category II-B ............... 450.00 (E) Category III ............... 200.00

(A) Category I-A ............... $900.00

(B) Category I-B ............... 700.00

(C) Category II-A ............... 650.00

(D) Category II-B ............... 450.00

(E) Category III ............... 200.00

(2) Radioactive material licenses: (A) Private practice, other than teletherapy units or particle accelerators ............... $100.00 (B) Radiography: (i) In plant ............... 350.00 for first bay ............... 500.00 for 2 or more bays (ii) Field ............... 1,000.00 (C) Wireline service operation................. 300.00 for 1 to 3 sources .........................500.00 for 4 or more sources (D) Academic: (i) Broad ............... 500.00 (ii) Other ............... 200.00 (E) Gas chromatograph devices and lead analyzers............... 100.00 (F) Nuclear gauges ............... 300.00 for 1 to 5 gauges .............................500.00 for 6 or more gauges (G) Particle accelerators, nonmedical ............... 200.00 (H) In vitro laboratory testing ............... 25.00 (I) Irradiators ............... 1,000.00 (J) Nuclear pharmacy ............... 1,000.00 (K) Mobile nuclear medicine service ............... 1,200.00 (L) Consultants ............... 250.00

(A) Private practice, other than teletherapy units or particle accelerators ............... $100.00

(B) Radiography: (i) In plant ............... 350.00 for first bay ............... 500.00 for 2 or more bays (ii) Field ............... 1,000.00

(i) In plant ............... 350.00 for first bay ............... 500.00 for 2 or more bays

(ii) Field ............... 1,000.00

(C) Wireline service operation................. 300.00 for 1 to 3 sources .........................500.00 for 4 or more sources

(D) Academic: (i) Broad ............... 500.00 (ii) Other ............... 200.00

(i) Broad ............... 500.00

(ii) Other ............... 200.00

(E) Gas chromatograph devices and lead analyzers............... 100.00

(F) Nuclear gauges ............... 300.00 for 1 to 5 gauges .............................500.00 for 6 or more gauges

(G) Particle accelerators, nonmedical ............... 200.00

(H) In vitro laboratory testing ............... 25.00

(I) Irradiators ............... 1,000.00

(J) Nuclear pharmacy ............... 1,000.00

(K) Mobile nuclear medicine service ............... 1,200.00

(L) Consultants ............... 250.00

(3) General licensed devices: Initial registration and annual fees for the receipt, possession, or use of radioactive material under a general license or a license obtained through reciprocity, as defined by the State Radiation Control Agency, shall be as follows: (A) Certain measuring, gauging, and controllingdevices ............... $300.00 (B) Generally licensed gas chromatographs ............... 200.00 (C) Static elimination devices ............... 100.00 (D) Source material devices ............... 500.00 (E) Devices containing depleted uranium ............... 500.00 (F) Public safety devices containing radioactive material ............... 50.00 (G) All other general license registrations other than those specified above ............... 150.00

(A) Certain measuring, gauging, and controllingdevices ............... $300.00

(B) Generally licensed gas chromatographs ............... 200.00

(C) Static elimination devices ............... 100.00

(D) Source material devices ............... 500.00

(E) Devices containing depleted uranium ............... 500.00

(F) Public safety devices containing radioactive material ............... 50.00

(G) All other general license registrations other than those specified above ............... 150.00

(4) Other: (A) Medical, therapy, nonhospital unit ............... $250.00 for first unit ..................................175.00 for each additional unit (B) Particle accelerator, medical, nonhospital unit ............................................450.00 for first unit .......................................300.00 for each additional unit (C) State Board of Health Rules for Control of Sources of Ionizing Radiation ............... 0.00 for first copy ..........................................30.00 for each additional copy (D) Naturally occurring radioactive material license ............... 2,500.00 (E) Amendment to existing license ............... 50.00 per amendment

(A) Medical, therapy, nonhospital unit ............... $250.00 for first unit ..................................175.00 for each additional unit

(B) Particle accelerator, medical, nonhospital unit ............................................450.00 for first unit

.......................................300.00 for each additional unit

(C) State Board of Health Rules for Control of Sources of Ionizing Radiation ............... 0.00 for first copy ..........................................30.00 for each additional copy

(D) Naturally occurring radioactive material license ............... 2,500.00

(E) Amendment to existing license ............... 50.00 per amendment

(5) Reciprocity: (A) Naturally occurring radioactive material ............... $2,500.00 (B) Radiography, field ............... 1,000.00 (C) Wireline ............... 500.00 (D) Nuclear gauge ............... 500.00 (E) Consultant ............... 100.00

(A) Naturally occurring radioactive material ............... $2,500.00

(B) Radiography, field ............... 1,000.00

(C) Wireline ............... 500.00

(D) Nuclear gauge ............... 500.00

(E) Consultant ............... 100.00

(6) Late fees: A late fee equal to ten percent (10%) of the applicable fee shall be charged for fees not received within sixty (60) days of the invoiced due date and for every sixty (60) days thereafter.

(b) The State Radiation Control Agency may charge and collect the following annual fees associated with X-ray registrations: (1) All X-ray units, sixty-five dollars ($65.00) per tube up to a maximum of two hundred sixty dollars ($260); and (2) Vendor services providing radiation equipment services or radiation safety services, or both, sixty-five dollars ($65.00).

(1) All X-ray units, sixty-five dollars ($65.00) per tube up to a maximum of two hundred sixty dollars ($260); and

(2) Vendor services providing radiation equipment services or radiation safety services, or both, sixty-five dollars ($65.00).

(c) (1) For the fees under subsection (a) of this section, the board shall adopt rules to establish fees at a level to sustain operations of the State Radiation Control Agency's mandated programs. (2) The fees shall not: (A) Conflict with federal program schedules; or (B) Exceed twenty-five percent (25%) of the fees that would be levied by the United States Nuclear Regulatory Commission if the United States Nuclear Regulatory Commission were to regulate the State Radiation Control Agency's mandated programs.

(1) For the fees under subsection (a) of this section, the board shall adopt rules to establish fees at a level to sustain operations of the State Radiation Control Agency's mandated programs.

(2) The fees shall not: (A) Conflict with federal program schedules; or (B) Exceed twenty-five percent (25%) of the fees that would be levied by the United States Nuclear Regulatory Commission if the United States Nuclear Regulatory Commission were to regulate the State Radiation Control Agency's mandated programs.

(A) Conflict with federal program schedules; or

(B) Exceed twenty-five percent (25%) of the fees that would be levied by the United States Nuclear Regulatory Commission if the United States Nuclear Regulatory Commission were to regulate the State Radiation Control Agency's mandated programs.

(d) Each application for reciprocal recognition of an out-of-state license or of an out-of-state registration shall be accompanied by the applicable annual fee, provided that no fee has been submitted during the calendar year of the application.

(e) (1) The annual fee shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year. (2) (A) Applications for new licenses or registrations shall be accompanied by the appropriate fees. (B) An applicant shall be charged for a full calendar year regardless of the month the license or registration is issued. (3) Applications for amendments to licenses or registration certificates which result in a change to a more costly category shall be accompanied by a fee equal to the difference between the fee for the current category and the one to which the amended license or certificate will escalate. (4) Fee payments shall be by check, draft, or money order made payable to the Department of Health. (5) In any case in which the State Radiation Control Agency finds that an applicant for a new license or new certificate of registration has failed to pay the fee prescribed in this section, the State Radiation Control Agency shall not process that application until the fee is paid. (6) In any case in which the State Radiation Control Agency finds that a person has failed to pay a fee prescribed by this section within ninety (90) days of the date due, the State Radiation Control Agency may issue an order to show cause why that registration, license, or other service should not be revoked, suspended, or terminated, as appropriate.

(1) The annual fee shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year.

(2) (A) Applications for new licenses or registrations shall be accompanied by the appropriate fees. (B) An applicant shall be charged for a full calendar year regardless of the month the license or registration is issued.

(A) Applications for new licenses or registrations shall be accompanied by the appropriate fees.

(B) An applicant shall be charged for a full calendar year regardless of the month the license or registration is issued.

(3) Applications for amendments to licenses or registration certificates which result in a change to a more costly category shall be accompanied by a fee equal to the difference between the fee for the current category and the one to which the amended license or certificate will escalate.

(4) Fee payments shall be by check, draft, or money order made payable to the Department of Health.

(5) In any case in which the State Radiation Control Agency finds that an applicant for a new license or new certificate of registration has failed to pay the fee prescribed in this section, the State Radiation Control Agency shall not process that application until the fee is paid.

(6) In any case in which the State Radiation Control Agency finds that a person has failed to pay a fee prescribed by this section within ninety (90) days of the date due, the State Radiation Control Agency may issue an order to show cause why that registration, license, or other service should not be revoked, suspended, or terminated, as appropriate.

(f) Annual fees shall not be required for those applicants, licensees, registrants, or other applicable persons whose use of sources of radiation is certified as financed solely by the General Revenue Fund Account of the State Apportionment Fund.

(g) All fees levied and collected under this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.

(h) Subject to the rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to licensing and registration for use of radioactive materials and X-ray equipment that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2021, No. 268,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2022, eff. 7/24/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516; Acts 1987, No. 504, § 2; 1995, No. 796, § 3; 2003, No. 1119, §§ 4-6; 2005, No. 929, § 1; 2011, No. 596, § 1.
Ark. Code Ann. § 20-16-811 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-811
Penalty
Status: in_force

(a) The performance of an abortion in violation of this subchapter or failure to report under § 20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required. (b) This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero. (c) Failure to comply with this subchapter shall provide a basis for: (1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.; (2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year; (3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102 ; and (4) Injunction from future acts prohibited by this section. Amended by Act 2019, No. 801,§ 5, eff. 7/24/2019. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) The performance of an abortion in violation of this subchapter or failure to report under § 20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required.

(b) This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.

(c) Failure to comply with this subchapter shall provide a basis for: (1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.; (2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year; (3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102 ; and (4) Injunction from future acts prohibited by this section.

(1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.;

(2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year;

(3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102 ; and

(4) Injunction from future acts prohibited by this section.

Amended by Act 2019, No. 801,§ 5, eff. 7/24/2019.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-10-2405 — AR Code / Title 20 / Chapter 10 / Subchapter 24 / Section 20-10-2405
Penalties and sanctions
Status: in_force

(a) The Department of Human Services may impose any sanction allowed under this section and may suspend or limit new admissions of Medicaid beneficiaries to the facility in the event of any of the following and continued until the facility demonstrates full compliance to the satisfaction of the department: (1) The facility fails to file a complete and timely cost report or fails to provide a complete and timely response to a request by the department or the designated contractor of the department for corrections, additional information, or supporting documentation; (2) The facility obstructs or otherwise fails to fully cooperate with any state or federal inspection and copying of facility records or data; (3) The facility obstructs or otherwise fails to fully cooperate with an independent audit ordered by the department; or (4) The department determines, directly or based on findings of a designated contractor of the department, an independent auditor, or the Office of Medicaid Inspector General that: (A) A reasonable cause to believe that the facility's cost report or responses, or any records supporting the facility's cost report or responses, are false, misleading, or otherwise erroneous exists; (B) The facility lacks the necessary financial records and other documentation to provide a complete and accurate cost report, verify the correctness of information contained in the cost report, or support an independent audit of the cost report and the facility's finances; or (C) The facility lacks the necessary accounting, financial management, recordkeeping, and reporting capabilities and practices to comply with generally accepted accounting principles and the cost-reporting instructions of the department. (b) The department may impose and collect a monetary penalty of five hundred dollars ($500) per single violation on an assisted living facility in the event of the following: (1) The facility is thirty (30) or more days overdue in filing a complete cost report or a complete response to a request by the department or the designated contractor of the department for corrections, additional information, or supporting documentation; (2) The facility obstructs or otherwise fails to fully cooperate with any state or federal inspection and copying of facility records or data; or (3) The facility obstructs or otherwise fails to cooperate with an independent audit ordered by the department fully. (c) (1) Compliance with the cost-reporting, auditing, and record inspection requirements is a condition of Medicaid certification and Medicaid payment for assisted living facilities. (2) The department shall enforce assisted living facility compliance with the requirements of this subchapter through Medicaid provider decertification and exclusion from participation in the Arkansas Medicaid Program. (d) (1) For material, substantial, or repeated noncompliance with cost-reporting, auditing, and record inspection requirements, the department may: (A) Terminate the facility's Medicaid certification; (B) Limit the number of Medicaid residents in the facility; and (C) Exclude the facility from Medicaid participation for five (5) years. (2) The department shall promptly terminate the facility's Medicaid certification and exclude the facility and the facility's certifying officer and responsible financial officers from participating in Medicaid for a minimum period of five (5) years for: (A) Filing of a false or misleading cost report or response; (B) Providing false or misleading records or other documentation to support a cost report or response; or (C) Providing false or misleading information to an independent auditor or federal or state agency inspecting facility records. Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.

(a) The Department of Human Services may impose any sanction allowed under this section and may suspend or limit new admissions of Medicaid beneficiaries to the facility in the event of any of the following and continued until the facility demonstrates full compliance to the satisfaction of the department: (1) The facility fails to file a complete and timely cost report or fails to provide a complete and timely response to a request by the department or the designated contractor of the department for corrections, additional information, or supporting documentation; (2) The facility obstructs or otherwise fails to fully cooperate with any state or federal inspection and copying of facility records or data; (3) The facility obstructs or otherwise fails to fully cooperate with an independent audit ordered by the department; or (4) The department determines, directly or based on findings of a designated contractor of the department, an independent auditor, or the Office of Medicaid Inspector General that: (A) A reasonable cause to believe that the facility's cost report or responses, or any records supporting the facility's cost report or responses, are false, misleading, or otherwise erroneous exists; (B) The facility lacks the necessary financial records and other documentation to provide a complete and accurate cost report, verify the correctness of information contained in the cost report, or support an independent audit of the cost report and the facility's finances; or (C) The facility lacks the necessary accounting, financial management, recordkeeping, and reporting capabilities and practices to comply with generally accepted accounting principles and the cost-reporting instructions of the department.

(1) The facility fails to file a complete and timely cost report or fails to provide a complete and timely response to a request by the department or the designated contractor of the department for corrections, additional information, or supporting documentation;

(2) The facility obstructs or otherwise fails to fully cooperate with any state or federal inspection and copying of facility records or data;

(3) The facility obstructs or otherwise fails to fully cooperate with an independent audit ordered by the department; or

(4) The department determines, directly or based on findings of a designated contractor of the department, an independent auditor, or the Office of Medicaid Inspector General that: (A) A reasonable cause to believe that the facility's cost report or responses, or any records supporting the facility's cost report or responses, are false, misleading, or otherwise erroneous exists; (B) The facility lacks the necessary financial records and other documentation to provide a complete and accurate cost report, verify the correctness of information contained in the cost report, or support an independent audit of the cost report and the facility's finances; or (C) The facility lacks the necessary accounting, financial management, recordkeeping, and reporting capabilities and practices to comply with generally accepted accounting principles and the cost-reporting instructions of the department.

(A) A reasonable cause to believe that the facility's cost report or responses, or any records supporting the facility's cost report or responses, are false, misleading, or otherwise erroneous exists;

(B) The facility lacks the necessary financial records and other documentation to provide a complete and accurate cost report, verify the correctness of information contained in the cost report, or support an independent audit of the cost report and the facility's finances; or

(C) The facility lacks the necessary accounting, financial management, recordkeeping, and reporting capabilities and practices to comply with generally accepted accounting principles and the cost-reporting instructions of the department.

(b) The department may impose and collect a monetary penalty of five hundred dollars ($500) per single violation on an assisted living facility in the event of the following: (1) The facility is thirty (30) or more days overdue in filing a complete cost report or a complete response to a request by the department or the designated contractor of the department for corrections, additional information, or supporting documentation; (2) The facility obstructs or otherwise fails to fully cooperate with any state or federal inspection and copying of facility records or data; or (3) The facility obstructs or otherwise fails to cooperate with an independent audit ordered by the department fully.

(1) The facility is thirty (30) or more days overdue in filing a complete cost report or a complete response to a request by the department or the designated contractor of the department for corrections, additional information, or supporting documentation;

(2) The facility obstructs or otherwise fails to fully cooperate with any state or federal inspection and copying of facility records or data; or

(3) The facility obstructs or otherwise fails to cooperate with an independent audit ordered by the department fully.

(c) (1) Compliance with the cost-reporting, auditing, and record inspection requirements is a condition of Medicaid certification and Medicaid payment for assisted living facilities. (2) The department shall enforce assisted living facility compliance with the requirements of this subchapter through Medicaid provider decertification and exclusion from participation in the Arkansas Medicaid Program.

(1) Compliance with the cost-reporting, auditing, and record inspection requirements is a condition of Medicaid certification and Medicaid payment for assisted living facilities.

(2) The department shall enforce assisted living facility compliance with the requirements of this subchapter through Medicaid provider decertification and exclusion from participation in the Arkansas Medicaid Program.

(d) (1) For material, substantial, or repeated noncompliance with cost-reporting, auditing, and record inspection requirements, the department may: (A) Terminate the facility's Medicaid certification; (B) Limit the number of Medicaid residents in the facility; and (C) Exclude the facility from Medicaid participation for five (5) years. (2) The department shall promptly terminate the facility's Medicaid certification and exclude the facility and the facility's certifying officer and responsible financial officers from participating in Medicaid for a minimum period of five (5) years for: (A) Filing of a false or misleading cost report or response; (B) Providing false or misleading records or other documentation to support a cost report or response; or (C) Providing false or misleading information to an independent auditor or federal or state agency inspecting facility records.

(1) For material, substantial, or repeated noncompliance with cost-reporting, auditing, and record inspection requirements, the department may: (A) Terminate the facility's Medicaid certification; (B) Limit the number of Medicaid residents in the facility; and (C) Exclude the facility from Medicaid participation for five (5) years.

(A) Terminate the facility's Medicaid certification;

(B) Limit the number of Medicaid residents in the facility; and

(C) Exclude the facility from Medicaid participation for five (5) years.

(2) The department shall promptly terminate the facility's Medicaid certification and exclude the facility and the facility's certifying officer and responsible financial officers from participating in Medicaid for a minimum period of five (5) years for: (A) Filing of a false or misleading cost report or response; (B) Providing false or misleading records or other documentation to support a cost report or response; or (C) Providing false or misleading information to an independent auditor or federal or state agency inspecting facility records.

(A) Filing of a false or misleading cost report or response;

(B) Providing false or misleading records or other documentation to support a cost report or response; or

(C) Providing false or misleading information to an independent auditor or federal or state agency inspecting facility records.

Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-10-1202 — AR Code / Title 20 / Chapter 10 / Subchapter 12 / Section 20-10-1202
Definitions
Status: in_force

As used in this subchapter: (1) "Administrator" means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility; (2) "Bed reservation policy" means the number of consecutive days and the number of days per year that a resident may leave the long-term care facility for overnight therapeutic visits with family or friends or for hospitalization for an acute condition before the licensee may discharge the resident due to his or her absence from the facility; (3) "Custodial service" means care for a person which entails observation of diet and sleeping habits and maintenance of a watchfulness over the general health, safety, and well-being of the person; (4) "Long-term care facility" means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care but shall not include any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination; (5) "Ombudsman" means a long-term care ombudsman established pursuant to the Long-Term Care Ombudsman Act, § 20-10-601 et seq.; (6) "Resident designee" means a person other than the owner, administrator, or employee of the facility designated in writing by a resident, or a resident's guardian if the resident is adjudicated incompetent, to be the resident's representative for a specific, limited purpose; and (7) "Residential care plan" means a written plan developed, maintained, and reviewed not less than quarterly by a registered nurse, with participation from other facility staff and the resident or his or her designee or legal representative, which includes a comprehensive assessment of the needs of an individual resident, a listing of services provided within or outside the facility to meet those needs, and an explanation of service goals. Amended by Act 2019, No. 389,§ 19, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 18, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 17, eff. 7/24/2019. Acts 1999, No. 1181, § 2; 2005, No. 2191, § 7.

As used in this subchapter:

(1) "Administrator" means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility;

(2) "Bed reservation policy" means the number of consecutive days and the number of days per year that a resident may leave the long-term care facility for overnight therapeutic visits with family or friends or for hospitalization for an acute condition before the licensee may discharge the resident due to his or her absence from the facility;

(3) "Custodial service" means care for a person which entails observation of diet and sleeping habits and maintenance of a watchfulness over the general health, safety, and well-being of the person;

(4) "Long-term care facility" means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care but shall not include any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination;

(5) "Ombudsman" means a long-term care ombudsman established pursuant to the Long-Term Care Ombudsman Act, § 20-10-601 et seq.;

(6) "Resident designee" means a person other than the owner, administrator, or employee of the facility designated in writing by a resident, or a resident's guardian if the resident is adjudicated incompetent, to be the resident's representative for a specific, limited purpose; and

(7) "Residential care plan" means a written plan developed, maintained, and reviewed not less than quarterly by a registered nurse, with participation from other facility staff and the resident or his or her designee or legal representative, which includes a comprehensive assessment of the needs of an individual resident, a listing of services provided within or outside the facility to meet those needs, and an explanation of service goals.

Amended by Act 2019, No. 389,§ 19, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 18, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 17, eff. 7/24/2019.

Acts 1999, No. 1181, § 2; 2005, No. 2191, § 7.
Ark. Code Ann. § 20-76-112 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-112
Human Services Workers in the Schools Program
Status: in_force

(a) The Human Services Workers in the Schools Program is established as a collaborative effort among the Division of Children and Family Services, the Arkansas Workforce Development Board, the Division of Elementary and Secondary Education, and local school districts. The Human Services Workers in the Schools Program is designed to help children and families by: (1) Promoting safety of children and strengthening of families; (2) Supporting the community's capacity to produce children who are healthy, children who are in supportive, nurturing, and healthy families, and children who succeed in school; and (3) Promoting the Division of Children and Family Services' family preservation philosophy and family-centered practice. (b) Upon approval of the board, the Division of Children and Family Services shall enter into contracts with local school districts to provide funding for the maximum number of human services workers. (c) A human services worker shall have a bachelor's degree or a master's degree in social work or a related field and shall provide the following services according to skills and training: (1) Crisis intervention; (2) School conferences and in-service training; (3) Home visits; (4) Transportation for family and student group counseling; (5) Parent training and activities; (6) Supportive service referrals; (7) Individualized coping and conflict management skills; and (8) Assessment of family and student needs. (d) (1) Funding for human services workers shall be targeted to schools with eighty percent (80%) or more of their children eligible for the Free and Reduced Lunch Program under the National School Lunch Act, 42 U.S.C. § 1751 et seq. (2) The Division of Elementary and Secondary Education and the Division of Children and Family Services shall develop criteria to prioritize eligibility for the Human Services Workers in the Schools Program. (e) The Coordinated Health Services Section of the Division of Elementary and Secondary Education shall evaluate the Human Services Workers in the Schools Program annually in coordination with the Division of Children and Family Services, the board, and the local school districts that hold contracts. (f) A parent or a student has the option to refuse any services recommended under the Human Services Workers in the Schools Program. Amended by Act 2019, No. 910,§ 2300, eff. 7/1/2019. Acts 2005, No. 2295, § 1; 2007, No. 1050, § 1; 2009, No. 952, § 13; 2011, No. 1228, § 1.

(a) The Human Services Workers in the Schools Program is established as a collaborative effort among the Division of Children and Family Services, the Arkansas Workforce Development Board, the Division of Elementary and Secondary Education, and local school districts. The Human Services Workers in the Schools Program is designed to help children and families by: (1) Promoting safety of children and strengthening of families; (2) Supporting the community's capacity to produce children who are healthy, children who are in supportive, nurturing, and healthy families, and children who succeed in school; and (3) Promoting the Division of Children and Family Services' family preservation philosophy and family-centered practice.

(1) Promoting safety of children and strengthening of families;

(2) Supporting the community's capacity to produce children who are healthy, children who are in supportive, nurturing, and healthy families, and children who succeed in school; and

(3) Promoting the Division of Children and Family Services' family preservation philosophy and family-centered practice.

(b) Upon approval of the board, the Division of Children and Family Services shall enter into contracts with local school districts to provide funding for the maximum number of human services workers.

(c) A human services worker shall have a bachelor's degree or a master's degree in social work or a related field and shall provide the following services according to skills and training: (1) Crisis intervention; (2) School conferences and in-service training; (3) Home visits; (4) Transportation for family and student group counseling; (5) Parent training and activities; (6) Supportive service referrals; (7) Individualized coping and conflict management skills; and (8) Assessment of family and student needs.

(1) Crisis intervention;

(2) School conferences and in-service training;

(3) Home visits;

(4) Transportation for family and student group counseling;

(5) Parent training and activities;

(6) Supportive service referrals;

(7) Individualized coping and conflict management skills; and

(8) Assessment of family and student needs.

(d) (1) Funding for human services workers shall be targeted to schools with eighty percent (80%) or more of their children eligible for the Free and Reduced Lunch Program under the National School Lunch Act, 42 U.S.C. § 1751 et seq. (2) The Division of Elementary and Secondary Education and the Division of Children and Family Services shall develop criteria to prioritize eligibility for the Human Services Workers in the Schools Program.

(1) Funding for human services workers shall be targeted to schools with eighty percent (80%) or more of their children eligible for the Free and Reduced Lunch Program under the National School Lunch Act, 42 U.S.C. § 1751 et seq.

(2) The Division of Elementary and Secondary Education and the Division of Children and Family Services shall develop criteria to prioritize eligibility for the Human Services Workers in the Schools Program.

(e) The Coordinated Health Services Section of the Division of Elementary and Secondary Education shall evaluate the Human Services Workers in the Schools Program annually in coordination with the Division of Children and Family Services, the board, and the local school districts that hold contracts.

(f) A parent or a student has the option to refuse any services recommended under the Human Services Workers in the Schools Program.

Amended by Act 2019, No. 910,§ 2300, eff. 7/1/2019.

Acts 2005, No. 2295, § 1; 2007, No. 1050, § 1; 2009, No. 952, § 13; 2011, No. 1228, § 1.
Ark. Code Ann. § 20-7-136 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-136
Statewide fluoridation program - Definition
Status: in_force

(a) As used in this section, "water system" means a facility including without limitation a parent system, consecutive system, or other system that holds, treats, and supplies water directly or through a consecutive system or consecutive systems to five thousand (5,000) persons or more. (b) The company, corporation, municipality, county, government agency, or other entity that owns or controls a water system shall control the quantity of fluoride in the water so as to maintain a fluoride content established by the Department of Health. (c) The State Board of Health shall adopt rules relating to the fluoridation of water systems that shall include without limitation: (1) Permissible concentrations of fluoride to be maintained by a water system; and (2) Requirements and procedures for maintaining permissible concentrations of fluoride including without limitation: (A) Necessary equipment; (B) Recordkeeping; (C) Reporting; and (D) Testing. (d) (1) A water system required to fluoridate under this section is not required to comply with the requirements of this section until funds sufficient to pay capital start-up costs for fluoridation equipment for the system have become available from any source other than tax revenue or service revenue regularly collected by the company, corporation, municipality, county, or other government agency that owns or controls the water system. (2) A licensed civil engineer recognized or employed by the department who is familiar with the design, construction, operation, and maintenance of fluoridation systems shall determine for the department whether the capital start-up costs claimed under subdivision (d)(1) of this section are reasonable. (e) A water system for a city in this state that receives its water supply from a community in another state is not required to comply with this section until a substantially similar fluoridation program is enacted for the water system of the community in the other state. Acts 2011, No. 197, § 1.

(a) As used in this section, "water system" means a facility including without limitation a parent system, consecutive system, or other system that holds, treats, and supplies water directly or through a consecutive system or consecutive systems to five thousand (5,000) persons or more.

(b) The company, corporation, municipality, county, government agency, or other entity that owns or controls a water system shall control the quantity of fluoride in the water so as to maintain a fluoride content established by the Department of Health.

(c) The State Board of Health shall adopt rules relating to the fluoridation of water systems that shall include without limitation: (1) Permissible concentrations of fluoride to be maintained by a water system; and (2) Requirements and procedures for maintaining permissible concentrations of fluoride including without limitation: (A) Necessary equipment; (B) Recordkeeping; (C) Reporting; and (D) Testing.

(1) Permissible concentrations of fluoride to be maintained by a water system; and

(2) Requirements and procedures for maintaining permissible concentrations of fluoride including without limitation: (A) Necessary equipment; (B) Recordkeeping; (C) Reporting; and (D) Testing.

(A) Necessary equipment;

(B) Recordkeeping;

(C) Reporting; and

(D) Testing.

(d) (1) A water system required to fluoridate under this section is not required to comply with the requirements of this section until funds sufficient to pay capital start-up costs for fluoridation equipment for the system have become available from any source other than tax revenue or service revenue regularly collected by the company, corporation, municipality, county, or other government agency that owns or controls the water system. (2) A licensed civil engineer recognized or employed by the department who is familiar with the design, construction, operation, and maintenance of fluoridation systems shall determine for the department whether the capital start-up costs claimed under subdivision (d)(1) of this section are reasonable.

(1) A water system required to fluoridate under this section is not required to comply with the requirements of this section until funds sufficient to pay capital start-up costs for fluoridation equipment for the system have become available from any source other than tax revenue or service revenue regularly collected by the company, corporation, municipality, county, or other government agency that owns or controls the water system.

(2) A licensed civil engineer recognized or employed by the department who is familiar with the design, construction, operation, and maintenance of fluoridation systems shall determine for the department whether the capital start-up costs claimed under subdivision (d)(1) of this section are reasonable.

(e) A water system for a city in this state that receives its water supply from a community in another state is not required to comply with this section until a substantially similar fluoridation program is enacted for the water system of the community in the other state.

Acts 2011, No. 197, § 1.
Ark. Code Ann. § 20-13-1705 — AR Code / Title 20 / Chapter 13 / Subchapter 17 / Section 20-13-1705
Construction
Status: in_force

This subchapter does not limit: (1) The admissibility of any evidence: (A) In connection with the investigation or prosecution of a crime with regard to a person who does not meet the requirements of § 20-13-1704 ; or (B) With regard to other crimes committed by a person who meets the requirements of § 20-13-1704 ; (2) Any seizure of evidence or contraband otherwise permitted by law; or (3) The authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in § 20-13-1704 . Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.

This subchapter does not limit:

(1) The admissibility of any evidence: (A) In connection with the investigation or prosecution of a crime with regard to a person who does not meet the requirements of § 20-13-1704 ; or (B) With regard to other crimes committed by a person who meets the requirements of § 20-13-1704 ;

(A) In connection with the investigation or prosecution of a crime with regard to a person who does not meet the requirements of § 20-13-1704 ; or

(B) With regard to other crimes committed by a person who meets the requirements of § 20-13-1704 ;

(2) Any seizure of evidence or contraband otherwise permitted by law; or

(3) The authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in § 20-13-1704 .

Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-79-302 — AR Code / Title 20 / Chapter 79 / Subchapter 3 / Section 20-79-302
Committee - Meetings - Rules and regulations
Status: in_force

(a) The Technology Equipment Revolving Loan Fund Committee shall meet at least one (1) time annually and may meet more often as necessary if meetings are called by the Chair of the Technology Equipment Revolving Loan Fund Committee or by a majority of the committee and if all members of the committee are notified of the time, date, and place of the meeting in advance. (b) (1) The committee shall adopt rules governing its proceedings. (2) All rules adopted by the committee shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1993, No. 384, §§ 6-8.

(a) The Technology Equipment Revolving Loan Fund Committee shall meet at least one (1) time annually and may meet more often as necessary if meetings are called by the Chair of the Technology Equipment Revolving Loan Fund Committee or by a majority of the committee and if all members of the committee are notified of the time, date, and place of the meeting in advance.

(b) (1) The committee shall adopt rules governing its proceedings. (2) All rules adopted by the committee shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The committee shall adopt rules governing its proceedings.

(2) All rules adopted by the committee shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1993, No. 384, §§ 6-8.
Ark. Code Ann. § 20-64-301 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-301
Title
Status: in_force

This subchapter may be cited as the "Arkansas Drug Abuse Control Act". Acts 1967, No. 492, § 1; A.S.A. 1947, § 82-2101.

This subchapter may be cited as the "Arkansas Drug Abuse Control Act".

Acts 1967, No. 492, § 1; A.S.A. 1947, § 82-2101.
Ark. Code Ann. § 20-27-1901 — AR Code / Title 20 / Chapter 27 / Subchapter 19 / Section 20-27-1901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Protection from Secondhand Smoke for Children Act of 2006". Acts 2006 (1st Ex. Sess.), No. 13, § 1.

This subchapter shall be known and may be cited as the "Arkansas Protection from Secondhand Smoke for Children Act of 2006".

Acts 2006 (1st Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-22-717 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-717
Sale or use of sky lanterns - Definition
Status: in_force

(a) As used in this section, "sky lantern" means an unmanned free-floating device designed to contain an open flame. (b) Except as provided in subsection (c) of this section, the sale or use of sky lanterns is prohibited. (c) (1) A city of the first class or a city of the second class may issue an event permit for the use of sky lanterns if the event is open to the public. (2) The city of the first class or the city of the second class may revoke the permit under subdivision (c)(1) of this section at any time before the event if the fire department of the city of the first class or the city of the second class determines that the use of sky lanterns at the location of the event or on the date of the event, or both, would be dangerous due to weather or other conditions. Amended by Act 2023, No. 112,§ 1, eff. 8/1/2023. Added by Act 2013, No. 1000,§ 2, eff. 1/1/2014.

(a) As used in this section, "sky lantern" means an unmanned free-floating device designed to contain an open flame.

(b) Except as provided in subsection (c) of this section, the sale or use of sky lanterns is prohibited.

(c) (1) A city of the first class or a city of the second class may issue an event permit for the use of sky lanterns if the event is open to the public. (2) The city of the first class or the city of the second class may revoke the permit under subdivision (c)(1) of this section at any time before the event if the fire department of the city of the first class or the city of the second class determines that the use of sky lanterns at the location of the event or on the date of the event, or both, would be dangerous due to weather or other conditions.

(1) A city of the first class or a city of the second class may issue an event permit for the use of sky lanterns if the event is open to the public.

(2) The city of the first class or the city of the second class may revoke the permit under subdivision (c)(1) of this section at any time before the event if the fire department of the city of the first class or the city of the second class determines that the use of sky lanterns at the location of the event or on the date of the event, or both, would be dangerous due to weather or other conditions.

Amended by Act 2023, No. 112,§ 1, eff. 8/1/2023.

Added by Act 2013, No. 1000,§ 2, eff. 1/1/2014.
Ark. Code Ann. § 20-77-2510 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2510
Department of Human Services consultation with Office of Medicaid Inspector General
Status: in_force

(a) The Department of Human Services shall consult with the Office of Medicaid Inspector General regarding an activity undertaken by a fiscal intermediary or fiscal agent pertaining to suspected fraud, waste, or abuse. (b) The department, in consultation with the office, shall: (1) Develop, test, recommend, and implement methods to strengthen the capability of the Medicaid Management Information System to detect and control fraud, waste, and abuse and improve expenditure accountability; (2) (A) Enter into agreement with a fiscal agent in collaboration with the office's data mining technology to develop, test, and implement the new methods under subdivision (b)(1) of this section. (B) A collaborative agreement with the office under subdivision (b)(2)(A) of this section shall be made with an agent that has demonstrated expertise in the areas addressed by the agreement; (3) (A) Develop, test, recommend, and implement an automated process to improve the coordination of benefits between the medical assistance program and other sources of coverage for medical assistance recipients. (B) (i) An automated process under subdivision (b)(3)(A) of this section initially shall examine the savings potential to the medical assistance program through retrospective review of claims paid. (ii) The examination under subdivision (b)(3)(B)(i) of this section shall be completed no later than January 1, 2014. (iii) If, based upon the initial experience under subdivision (b)(3)(B)(i) of this section, the Medicaid Inspector General deems the automated process to be capable of including or moving to a prospective review with negligible effect on the turnaround of claims for provider payment or on recipient access to services, the inspector in subsequent tests shall examine the savings potential through prospective, pre-claims payment review; (4) Take all reasonable and necessary actions to intensify the state's current level of monitoring, analyzing, reporting, and responding to medical assistance program claims data maintained by the state's Medicaid Management Information System fiscal agents and ensure that any data abnormalities identified are reported to the office for appropriate action; (5) Make efforts to improve the utilization of data in order to better assist the office in identifying fraud and abuse within the medical assistance program and to identify and implement further program and patient care reforms for the improvement of the program; (6) Identify additional data elements that are maintained and otherwise accessible by the state, directly or through any of its contractors, that would, if coordinated with medical assistance data, further assist the office in increasing the effectiveness of data analysis for the management of the medical assistance program; (7) Provide or arrange in-service training for state and county medical assistance personnel to increase the capability for state and local data analysis to move toward a more cost-effective operation of the medical assistance program; (8) (A) No later than January 1, 2014, assist the office in developing, testing, and implementing an automated process for the targeted review of claims, services, and populations or a combination of claims, services, and populations. (B) A review under subdivision (b)(8)(A) of this section is to identify statistical aberrations in the use or billing of the services and to assist in the development and implementation of measures to ensure that service use and billing are appropriate to recipients' needs; and (9) Pay providers for underpayments identified through actions of the office. (c) (1) The methods developed and recommended under subdivision (b)(1) of this section shall address without limitation the development, testing, and implementation of an automated claims review process that, before payment, shall subject a medical assistance program services claim to review for proper coding and another review as may be necessary. (2) Services subject to review shall be based on: (A) The expected cost-effectiveness of reviewing the service; (B) The capabilities of the automated system for conducting the review; and (C) The potential to implement the review with negligible effect on the turnaround of claims for provider payment or on recipient access to necessary services. (3) A review under subdivision (c)(2) of this section shall be designed to provide for the efficient and effective operation of the medical assistance program claims payment system by performing functions, including without limitation: (A) Capturing coding errors, misjudgments, or incorrect or multiple billing for the same service; and (B) Possible excesses in billing or service use, whether intentional or unintentional. (d) (1) The Secretary of the Department of Human Services in conjunction with the office shall prepare and submit an interim report to the Governor and the cochairs of the Legislative Council on the implementation of the initiatives under this section annually. (2) The report under subdivision (d)(1) of this section shall also include a recommendation for a revision that would further facilitate the goals of this section, including recommendations for expansion. (e) Applicable medical assistance program rules, provider manuals, and administrative policies, procedures, and guidance shall be posted on the office's website, or by a link from the website to the department's website. Amended by Act 2019, No. 389,§ 79, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5237, eff. 7/1/2019. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

(a) The Department of Human Services shall consult with the Office of Medicaid Inspector General regarding an activity undertaken by a fiscal intermediary or fiscal agent pertaining to suspected fraud, waste, or abuse.

(b) The department, in consultation with the office, shall: (1) Develop, test, recommend, and implement methods to strengthen the capability of the Medicaid Management Information System to detect and control fraud, waste, and abuse and improve expenditure accountability; (2) (A) Enter into agreement with a fiscal agent in collaboration with the office's data mining technology to develop, test, and implement the new methods under subdivision (b)(1) of this section. (B) A collaborative agreement with the office under subdivision (b)(2)(A) of this section shall be made with an agent that has demonstrated expertise in the areas addressed by the agreement; (3) (A) Develop, test, recommend, and implement an automated process to improve the coordination of benefits between the medical assistance program and other sources of coverage for medical assistance recipients. (B) (i) An automated process under subdivision (b)(3)(A) of this section initially shall examine the savings potential to the medical assistance program through retrospective review of claims paid. (ii) The examination under subdivision (b)(3)(B)(i) of this section shall be completed no later than January 1, 2014. (iii) If, based upon the initial experience under subdivision (b)(3)(B)(i) of this section, the Medicaid Inspector General deems the automated process to be capable of including or moving to a prospective review with negligible effect on the turnaround of claims for provider payment or on recipient access to services, the inspector in subsequent tests shall examine the savings potential through prospective, pre-claims payment review; (4) Take all reasonable and necessary actions to intensify the state's current level of monitoring, analyzing, reporting, and responding to medical assistance program claims data maintained by the state's Medicaid Management Information System fiscal agents and ensure that any data abnormalities identified are reported to the office for appropriate action; (5) Make efforts to improve the utilization of data in order to better assist the office in identifying fraud and abuse within the medical assistance program and to identify and implement further program and patient care reforms for the improvement of the program; (6) Identify additional data elements that are maintained and otherwise accessible by the state, directly or through any of its contractors, that would, if coordinated with medical assistance data, further assist the office in increasing the effectiveness of data analysis for the management of the medical assistance program; (7) Provide or arrange in-service training for state and county medical assistance personnel to increase the capability for state and local data analysis to move toward a more cost-effective operation of the medical assistance program; (8) (A) No later than January 1, 2014, assist the office in developing, testing, and implementing an automated process for the targeted review of claims, services, and populations or a combination of claims, services, and populations. (B) A review under subdivision (b)(8)(A) of this section is to identify statistical aberrations in the use or billing of the services and to assist in the development and implementation of measures to ensure that service use and billing are appropriate to recipients' needs; and (9) Pay providers for underpayments identified through actions of the office.

(1) Develop, test, recommend, and implement methods to strengthen the capability of the Medicaid Management Information System to detect and control fraud, waste, and abuse and improve expenditure accountability;

(2) (A) Enter into agreement with a fiscal agent in collaboration with the office's data mining technology to develop, test, and implement the new methods under subdivision (b)(1) of this section. (B) A collaborative agreement with the office under subdivision (b)(2)(A) of this section shall be made with an agent that has demonstrated expertise in the areas addressed by the agreement;

(A) Enter into agreement with a fiscal agent in collaboration with the office's data mining technology to develop, test, and implement the new methods under subdivision (b)(1) of this section.

(B) A collaborative agreement with the office under subdivision (b)(2)(A) of this section shall be made with an agent that has demonstrated expertise in the areas addressed by the agreement;

(3) (A) Develop, test, recommend, and implement an automated process to improve the coordination of benefits between the medical assistance program and other sources of coverage for medical assistance recipients. (B) (i) An automated process under subdivision (b)(3)(A) of this section initially shall examine the savings potential to the medical assistance program through retrospective review of claims paid. (ii) The examination under subdivision (b)(3)(B)(i) of this section shall be completed no later than January 1, 2014. (iii) If, based upon the initial experience under subdivision (b)(3)(B)(i) of this section, the Medicaid Inspector General deems the automated process to be capable of including or moving to a prospective review with negligible effect on the turnaround of claims for provider payment or on recipient access to services, the inspector in subsequent tests shall examine the savings potential through prospective, pre-claims payment review;

(A) Develop, test, recommend, and implement an automated process to improve the coordination of benefits between the medical assistance program and other sources of coverage for medical assistance recipients.

(B) (i) An automated process under subdivision (b)(3)(A) of this section initially shall examine the savings potential to the medical assistance program through retrospective review of claims paid. (ii) The examination under subdivision (b)(3)(B)(i) of this section shall be completed no later than January 1, 2014. (iii) If, based upon the initial experience under subdivision (b)(3)(B)(i) of this section, the Medicaid Inspector General deems the automated process to be capable of including or moving to a prospective review with negligible effect on the turnaround of claims for provider payment or on recipient access to services, the inspector in subsequent tests shall examine the savings potential through prospective, pre-claims payment review;

(i) An automated process under subdivision (b)(3)(A) of this section initially shall examine the savings potential to the medical assistance program through retrospective review of claims paid.

(ii) The examination under subdivision (b)(3)(B)(i) of this section shall be completed no later than January 1, 2014.

(iii) If, based upon the initial experience under subdivision (b)(3)(B)(i) of this section, the Medicaid Inspector General deems the automated process to be capable of including or moving to a prospective review with negligible effect on the turnaround of claims for provider payment or on recipient access to services, the inspector in subsequent tests shall examine the savings potential through prospective, pre-claims payment review;

(4) Take all reasonable and necessary actions to intensify the state's current level of monitoring, analyzing, reporting, and responding to medical assistance program claims data maintained by the state's Medicaid Management Information System fiscal agents and ensure that any data abnormalities identified are reported to the office for appropriate action;

(5) Make efforts to improve the utilization of data in order to better assist the office in identifying fraud and abuse within the medical assistance program and to identify and implement further program and patient care reforms for the improvement of the program;

(6) Identify additional data elements that are maintained and otherwise accessible by the state, directly or through any of its contractors, that would, if coordinated with medical assistance data, further assist the office in increasing the effectiveness of data analysis for the management of the medical assistance program;

(7) Provide or arrange in-service training for state and county medical assistance personnel to increase the capability for state and local data analysis to move toward a more cost-effective operation of the medical assistance program;

(8) (A) No later than January 1, 2014, assist the office in developing, testing, and implementing an automated process for the targeted review of claims, services, and populations or a combination of claims, services, and populations. (B) A review under subdivision (b)(8)(A) of this section is to identify statistical aberrations in the use or billing of the services and to assist in the development and implementation of measures to ensure that service use and billing are appropriate to recipients' needs; and

(A) No later than January 1, 2014, assist the office in developing, testing, and implementing an automated process for the targeted review of claims, services, and populations or a combination of claims, services, and populations.

(B) A review under subdivision (b)(8)(A) of this section is to identify statistical aberrations in the use or billing of the services and to assist in the development and implementation of measures to ensure that service use and billing are appropriate to recipients' needs; and

(9) Pay providers for underpayments identified through actions of the office.

(c) (1) The methods developed and recommended under subdivision (b)(1) of this section shall address without limitation the development, testing, and implementation of an automated claims review process that, before payment, shall subject a medical assistance program services claim to review for proper coding and another review as may be necessary. (2) Services subject to review shall be based on: (A) The expected cost-effectiveness of reviewing the service; (B) The capabilities of the automated system for conducting the review; and (C) The potential to implement the review with negligible effect on the turnaround of claims for provider payment or on recipient access to necessary services. (3) A review under subdivision (c)(2) of this section shall be designed to provide for the efficient and effective operation of the medical assistance program claims payment system by performing functions, including without limitation: (A) Capturing coding errors, misjudgments, or incorrect or multiple billing for the same service; and (B) Possible excesses in billing or service use, whether intentional or unintentional.

(1) The methods developed and recommended under subdivision (b)(1) of this section shall address without limitation the development, testing, and implementation of an automated claims review process that, before payment, shall subject a medical assistance program services claim to review for proper coding and another review as may be necessary.

(2) Services subject to review shall be based on: (A) The expected cost-effectiveness of reviewing the service; (B) The capabilities of the automated system for conducting the review; and (C) The potential to implement the review with negligible effect on the turnaround of claims for provider payment or on recipient access to necessary services.

(A) The expected cost-effectiveness of reviewing the service;

(B) The capabilities of the automated system for conducting the review; and

(C) The potential to implement the review with negligible effect on the turnaround of claims for provider payment or on recipient access to necessary services.

(3) A review under subdivision (c)(2) of this section shall be designed to provide for the efficient and effective operation of the medical assistance program claims payment system by performing functions, including without limitation: (A) Capturing coding errors, misjudgments, or incorrect or multiple billing for the same service; and (B) Possible excesses in billing or service use, whether intentional or unintentional.

(A) Capturing coding errors, misjudgments, or incorrect or multiple billing for the same service; and

(B) Possible excesses in billing or service use, whether intentional or unintentional.

(d) (1) The Secretary of the Department of Human Services in conjunction with the office shall prepare and submit an interim report to the Governor and the cochairs of the Legislative Council on the implementation of the initiatives under this section annually. (2) The report under subdivision (d)(1) of this section shall also include a recommendation for a revision that would further facilitate the goals of this section, including recommendations for expansion.

(1) The Secretary of the Department of Human Services in conjunction with the office shall prepare and submit an interim report to the Governor and the cochairs of the Legislative Council on the implementation of the initiatives under this section annually.

(2) The report under subdivision (d)(1) of this section shall also include a recommendation for a revision that would further facilitate the goals of this section, including recommendations for expansion.

(e) Applicable medical assistance program rules, provider manuals, and administrative policies, procedures, and guidance shall be posted on the office's website, or by a link from the website to the department's website.

Amended by Act 2019, No. 389,§ 79, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5237, eff. 7/1/2019.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-64-812 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-812
Absence from receiving facility or program
Status: in_force

(a) (1) Treatment staff shall immediately inform the prosecuting attorney of the county where the receiving facility or program is located if, in the opinion of the treatment staff, a person who voluntarily admitted himself or herself meets the criteria for involuntary commitment set forth in this subchapter and the person has absented himself or herself from the receiving facility or program. (2) The prosecuting attorney shall initiate an involuntary commitment under this subchapter against the person. (3) (A) Statements made by the prosecuting attorney in furtherance of the petition shall not be deemed to be a disclosure. (B) Statements made by the treating staff to the prosecuting attorney shall be treated as confidential, and the prosecuting attorney shall remain subject to the confidentiality requirements as set forth in state and federal law, rules, and regulations. (b) If any person shall, during a period of involuntary commitment, absent himself or herself from the receiving facility or program without leave, he or she may be returned by receiving facility or program security personnel or law enforcement officers without further proceedings. The circuit courts of this state are hereby authorized to enter such orders as may be necessary to effect the return. Amended by Act 2019, No. 315,§ 2235, eff. 7/24/2019. Acts 1989 (3rd Ex. Sess.), No. 10, § 5; 1995, No. 1268, § 5.

(a) (1) Treatment staff shall immediately inform the prosecuting attorney of the county where the receiving facility or program is located if, in the opinion of the treatment staff, a person who voluntarily admitted himself or herself meets the criteria for involuntary commitment set forth in this subchapter and the person has absented himself or herself from the receiving facility or program. (2) The prosecuting attorney shall initiate an involuntary commitment under this subchapter against the person. (3) (A) Statements made by the prosecuting attorney in furtherance of the petition shall not be deemed to be a disclosure. (B) Statements made by the treating staff to the prosecuting attorney shall be treated as confidential, and the prosecuting attorney shall remain subject to the confidentiality requirements as set forth in state and federal law, rules, and regulations.

(1) Treatment staff shall immediately inform the prosecuting attorney of the county where the receiving facility or program is located if, in the opinion of the treatment staff, a person who voluntarily admitted himself or herself meets the criteria for involuntary commitment set forth in this subchapter and the person has absented himself or herself from the receiving facility or program.

(2) The prosecuting attorney shall initiate an involuntary commitment under this subchapter against the person.

(3) (A) Statements made by the prosecuting attorney in furtherance of the petition shall not be deemed to be a disclosure. (B) Statements made by the treating staff to the prosecuting attorney shall be treated as confidential, and the prosecuting attorney shall remain subject to the confidentiality requirements as set forth in state and federal law, rules, and regulations.

(A) Statements made by the prosecuting attorney in furtherance of the petition shall not be deemed to be a disclosure.

(B) Statements made by the treating staff to the prosecuting attorney shall be treated as confidential, and the prosecuting attorney shall remain subject to the confidentiality requirements as set forth in state and federal law, rules, and regulations.

(b) If any person shall, during a period of involuntary commitment, absent himself or herself from the receiving facility or program without leave, he or she may be returned by receiving facility or program security personnel or law enforcement officers without further proceedings. The circuit courts of this state are hereby authorized to enter such orders as may be necessary to effect the return.

Amended by Act 2019, No. 315,§ 2235, eff. 7/24/2019.

Acts 1989 (3rd Ex. Sess.), No. 10, § 5; 1995, No. 1268, § 5.
Ark. Code Ann. § 20-16-213 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-213
Rendering of patient care and regulatory activity prohibited
Status: in_force

The Arkansas Reproductive Health Monitoring System is expressly prohibited from rendering patient care, promulgating any rule or regulation, or engaging in any regulatory activity. Acts 1985, No. 214, § 13; A.S.A. 1947, § 82-4620.

The Arkansas Reproductive Health Monitoring System is expressly prohibited from rendering patient care, promulgating any rule or regulation, or engaging in any regulatory activity.

Acts 1985, No. 214, § 13; A.S.A. 1947, § 82-4620.
Ark. Code Ann. § 20-22-612 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-612
License, permit, or certificate - Previously engaged persons
Status: in_force

Notwithstanding the provisions of this subchapter, if any person or firm engaged in the business on January 1, 1977, of servicing portable fire extinguishers, installing or servicing fixed fire protection systems, or performing hydrostatic testing of fire extinguishers derived twenty-five percent (25%) or more of the personal or firm income from servicing portable fire extinguishers or installing or servicing fixed fire protection systems or hydrostatic testing of fire extinguishers during the 1976 calendar year, the person or firm shall be registered or issued a license to continue in the business upon payment of the annual registration or license fee prescribed in this subchapter for the particular type of business, if the applicant's qualifications meet those requirements established by the Arkansas Fire Protection Licensing Board. Acts 1977, No. 743, § 14; A.S.A. 1947, § 82-845; Acts 2009, No. 422, § 12 [11].

Notwithstanding the provisions of this subchapter, if any person or firm engaged in the business on January 1, 1977, of servicing portable fire extinguishers, installing or servicing fixed fire protection systems, or performing hydrostatic testing of fire extinguishers derived twenty-five percent (25%) or more of the personal or firm income from servicing portable fire extinguishers or installing or servicing fixed fire protection systems or hydrostatic testing of fire extinguishers during the 1976 calendar year, the person or firm shall be registered or issued a license to continue in the business upon payment of the annual registration or license fee prescribed in this subchapter for the particular type of business, if the applicant's qualifications meet those requirements established by the Arkansas Fire Protection Licensing Board.

Acts 1977, No. 743, § 14; A.S.A. 1947, § 82-845; Acts 2009, No. 422, § 12 [11].
Ark. Code Ann. § 20-16-1805 — AR Code / Title 20 / Chapter 16 / Subchapter 18 / Section 20-16-1805
Criminal penalty
Status: in_force

A person who violates § 20-16-1803(a) commits a Class D felony. Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.

A person who violates § 20-16-1803(a) commits a Class D felony.

Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-13-1101 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1101
Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means any individual seeking Arkansas emergency medical services personnel licensure or relicensure; (2) "Bureau" means the Identification Bureau of the Division of Arkansas State Police; (3) "Care" means treatment, services, assistance, education, training, instruction, or supervision in the prehospital emergency medical systems environment; (4) "Division of Emergency Medical Services" means the organization within the Department of Health responsible for the enforcement of emergency medical services legislation within the State of Arkansas; (5) "Emergency medical services personnel" means the individual who has been licensed as an EMT, Advanced EMT, or paramedic and who may perform those services equivalent to level of licensure; (6) "Emergency medical services system" means the transportation and medical care provided to the ill or injured before arrival at a medical facility by a licensed emergency medical services personnel or other healthcare provider and the continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility; (7) "Index" means the database maintained by the Identification Bureau of the Division of Arkansas State Police of criminal records checks that have been conducted on applicants for emergency medical services personnel licensure and relicensure; (8) "Licensing agency" means the government agency charged with licensing the qualified individual to provide prehospital care; (9) "Licensure" means the official acknowledgment by the department that an individual has demonstrated competence to perform the emergency medical services required for licensure under the rules and standards adopted by the State Board of Health upon recommendation by the Emergency Medical Services Advisory Council; (10) "National criminal history check" means a review of national criminal records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods; (11) "Relicensure" means the official acknowledgment by the Division of Emergency Medical Services that an individual has demonstrated competence to perform the emergency medical services required for relicensure under Arkansas EMS Rules; (12) "Report" means a statement of the criminal history of an applicant issued by the Identification Bureau of the Division of Arkansas State Police; and (13) "State criminal history check" means a review of state criminal records conducted by the Identification Bureau of the Division of Arkansas State Police using the Arkansas Crime Information Center. Amended by Act 2019, No. 315,§ 1931, eff. 7/24/2019. Amended by Act 2013, No. 1132,§ 9, eff. 8/16/2013. Acts 1999, No. 666, § 1; 2009, No. 689, § 13.

As used in this subchapter:

(1) "Applicant" means any individual seeking Arkansas emergency medical services personnel licensure or relicensure;

(2) "Bureau" means the Identification Bureau of the Division of Arkansas State Police;

(3) "Care" means treatment, services, assistance, education, training, instruction, or supervision in the prehospital emergency medical systems environment;

(4) "Division of Emergency Medical Services" means the organization within the Department of Health responsible for the enforcement of emergency medical services legislation within the State of Arkansas;

(5) "Emergency medical services personnel" means the individual who has been licensed as an EMT, Advanced EMT, or paramedic and who may perform those services equivalent to level of licensure;

(6) "Emergency medical services system" means the transportation and medical care provided to the ill or injured before arrival at a medical facility by a licensed emergency medical services personnel or other healthcare provider and the continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;

(7) "Index" means the database maintained by the Identification Bureau of the Division of Arkansas State Police of criminal records checks that have been conducted on applicants for emergency medical services personnel licensure and relicensure;

(8) "Licensing agency" means the government agency charged with licensing the qualified individual to provide prehospital care;

(9) "Licensure" means the official acknowledgment by the department that an individual has demonstrated competence to perform the emergency medical services required for licensure under the rules and standards adopted by the State Board of Health upon recommendation by the Emergency Medical Services Advisory Council;

(10) "National criminal history check" means a review of national criminal records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods;

(11) "Relicensure" means the official acknowledgment by the Division of Emergency Medical Services that an individual has demonstrated competence to perform the emergency medical services required for relicensure under Arkansas EMS Rules;

(12) "Report" means a statement of the criminal history of an applicant issued by the Identification Bureau of the Division of Arkansas State Police; and

(13) "State criminal history check" means a review of state criminal records conducted by the Identification Bureau of the Division of Arkansas State Police using the Arkansas Crime Information Center.

Amended by Act 2019, No. 315,§ 1931, eff. 7/24/2019.

Amended by Act 2013, No. 1132,§ 9, eff. 8/16/2013.

Acts 1999, No. 666, § 1; 2009, No. 689, § 13.
Ark. Code Ann. § 20-60-307 — AR Code / Title 20 / Chapter 60 / Subchapter 3 / Section 20-60-307
Appropriations
Status: in_force

The sums necessary to carry out the provisions of this subchapter may be appropriated. Amended by Act 2021, No. 418,§ 3, eff. 3/23/2021. Acts 1971, No. 468, § 7; A.S.A. 1947, § 82-2024.

The sums necessary to carry out the provisions of this subchapter may be appropriated.

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

Acts 1971, No. 468, § 7; A.S.A. 1947, § 82-2024.
Ark. Code Ann. § 20-7-706 — AR Code / Title 20 / Chapter 7 / Subchapter 7 / Section 20-7-706
Patient evaluation
Status: in_force

A patient who is being treated with controlled substances for chronic nonmalignant pain shall be evaluated at least one (1) time every six (6) months by a physician who is licensed by the Arkansas State Medical Board. Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.

A patient who is being treated with controlled substances for chronic nonmalignant pain shall be evaluated at least one (1) time every six (6) months by a physician who is licensed by the Arkansas State Medical Board.

Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.