Ark. Code Ann. § 20-7-202 — AR Code / Title 20 / Chapter 7 / Subchapter 2 / Section 20-7-202
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Acquire" means to lease, lease-purchase, or purchase any lands, buildings, structures, improvements, or other property, real, personal, or mixed. (B) "Acquire" also includes payment or provision for payment of all expenses incidental thereto; (2) (A) "Construct" means to acquire, construct, reconstruct, renovate, remodel, install, and equip any lands, buildings, structures, improvements, or other property, real, personal, or mixed, useful in connection with any expansion or acquisition and to make other necessary expenditures in connection therewith by the methods and in the manner as may be authorized by law and in the case of an acquisition of equipment and other property of a medical, laboratory, or technical nature, by the method the Secretary of the Department of Health shall determine to be necessary or desirable to accomplish the power, purposes, and authorities set forth in this subchapter and without regard to the provisions of other laws pertaining to the construction and acquisition of property by state agencies. (B) "Construct" also includes payment or provision for payment for all expenses incidental thereto; (3) "Fees" means all fees set forth in § 20-7-123(b) , which are confirmed and ratified by this subchapter; and (4) "Fund" means the State Health Department Building and Local Grant Trust Fund. Amended by Act 2019, No. 389,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4935, eff. 7/1/2019. Acts 1989, No. 749, § 1; 1993, No. 350, § 1.

As used in this subchapter:

(1) (A) "Acquire" means to lease, lease-purchase, or purchase any lands, buildings, structures, improvements, or other property, real, personal, or mixed. (B) "Acquire" also includes payment or provision for payment of all expenses incidental thereto;

(A) "Acquire" means to lease, lease-purchase, or purchase any lands, buildings, structures, improvements, or other property, real, personal, or mixed.

(B) "Acquire" also includes payment or provision for payment of all expenses incidental thereto;

(2) (A) "Construct" means to acquire, construct, reconstruct, renovate, remodel, install, and equip any lands, buildings, structures, improvements, or other property, real, personal, or mixed, useful in connection with any expansion or acquisition and to make other necessary expenditures in connection therewith by the methods and in the manner as may be authorized by law and in the case of an acquisition of equipment and other property of a medical, laboratory, or technical nature, by the method the Secretary of the Department of Health shall determine to be necessary or desirable to accomplish the power, purposes, and authorities set forth in this subchapter and without regard to the provisions of other laws pertaining to the construction and acquisition of property by state agencies. (B) "Construct" also includes payment or provision for payment for all expenses incidental thereto;

(A) "Construct" means to acquire, construct, reconstruct, renovate, remodel, install, and equip any lands, buildings, structures, improvements, or other property, real, personal, or mixed, useful in connection with any expansion or acquisition and to make other necessary expenditures in connection therewith by the methods and in the manner as may be authorized by law and in the case of an acquisition of equipment and other property of a medical, laboratory, or technical nature, by the method the Secretary of the Department of Health shall determine to be necessary or desirable to accomplish the power, purposes, and authorities set forth in this subchapter and without regard to the provisions of other laws pertaining to the construction and acquisition of property by state agencies.

(B) "Construct" also includes payment or provision for payment for all expenses incidental thereto;

(3) "Fees" means all fees set forth in § 20-7-123(b) , which are confirmed and ratified by this subchapter; and

(4) "Fund" means the State Health Department Building and Local Grant Trust Fund.

Amended by Act 2019, No. 389,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4935, eff. 7/1/2019.

Acts 1989, No. 749, § 1; 1993, No. 350, § 1.
Ark. Code Ann. § 20-22-713 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-713
Place of explosion or ignition
Status: in_force

(a) It shall be unlawful to explode or ignite fireworks within six hundred feet (600') of any church, hospital, asylum, public school, or within two hundred feet (200') of where fireworks are stored, sold, or offered for sale. (b) No person shall ignite or discharge any permissible articles of fireworks within, or throw the fireworks from, a motor vehicle while therein, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people. Acts 1961, No. 224, § 5; A.S.A. 1947, § 82-1705.

(a) It shall be unlawful to explode or ignite fireworks within six hundred feet (600') of any church, hospital, asylum, public school, or within two hundred feet (200') of where fireworks are stored, sold, or offered for sale.

(b) No person shall ignite or discharge any permissible articles of fireworks within, or throw the fireworks from, a motor vehicle while therein, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.

Acts 1961, No. 224, § 5; A.S.A. 1947, § 82-1705.
Ark. Code Ann. § 20-14-802 — AR Code / Title 20 / Chapter 14 / Subchapter 8 / Section 20-14-802
Definitions
Status: in_force

As used in this subchapter: (1) "Cued speech" means the system of handshapes that represent groups of consonant sounds and hand placements that represent groups of vowel sounds that is used with natural speech to represent a visual model of spoken language; (2) "Deaf individual" means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification; (3) "Deaf interpreter" means a deaf individual who facilitates communication between another deaf person and a licensed qualified interpreter or between two (2) or more deaf persons; (4) "Deafblind individual" means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information; (5) "Hard of hearing individual" means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices; (6) "Interpret" means to provide language equivalency between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf using techniques that include without limitation: (A) American Sign Language; (B) English-based sign language; (C) Cued speech; and (D) Oral interpreting; (7) "Interpreting agency" means an entity that provides qualified interpreter services for a fee; (8) "Licensed provisional interpreter" means an individual who is deaf, licensed under this subchapter; (9) "Licensed qualified interpreter" means an individual licensed under this subchapter; (10) "Oral deaf individual" means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary method of communication is speech reading and spoken English; and (11) "Oral interpreting" means the use of oral transliteration with special techniques to make the English language visible for persons who communicate as speech readers. Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.

As used in this subchapter:

(1) "Cued speech" means the system of handshapes that represent groups of consonant sounds and hand placements that represent groups of vowel sounds that is used with natural speech to represent a visual model of spoken language;

(2) "Deaf individual" means an individual who has a documented hearing loss so severe that the individual is unable to process speech and language through hearing, with or without amplification;

(3) "Deaf interpreter" means a deaf individual who facilitates communication between another deaf person and a licensed qualified interpreter or between two (2) or more deaf persons;

(4) "Deafblind individual" means an individual who has a combined loss of vision and hearing that prevents the individual's vision or hearing from being used as a primary source for accessing information;

(5) "Hard of hearing individual" means an individual who has a hearing loss, may primarily use visual communication, and may use assistive devices;

(6) "Interpret" means to provide language equivalency between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf using techniques that include without limitation: (A) American Sign Language; (B) English-based sign language; (C) Cued speech; and (D) Oral interpreting;

(A) American Sign Language;

(B) English-based sign language;

(C) Cued speech; and

(D) Oral interpreting;

(7) "Interpreting agency" means an entity that provides qualified interpreter services for a fee;

(8) "Licensed provisional interpreter" means an individual who is deaf, licensed under this subchapter;

(9) "Licensed qualified interpreter" means an individual licensed under this subchapter;

(10) "Oral deaf individual" means an individual whose sense of hearing is nonfunctional for the purpose of communication and whose primary method of communication is speech reading and spoken English; and

(11) "Oral interpreting" means the use of oral transliteration with special techniques to make the English language visible for persons who communicate as speech readers.

Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-16-1003 — AR Code / Title 20 / Chapter 16 / Subchapter 10 / Section 20-16-1003
Scientific research
Status: in_force

(a) This subchapter does not restrict areas of scientific research not specifically prohibited by this subchapter, including research into the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans. (b) This subchapter does not apply to in vitro fertilization, the administration of fertility-enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant so long as that procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead. Acts 2003, No. 607, § 1.

(a) This subchapter does not restrict areas of scientific research not specifically prohibited by this subchapter, including research into the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans.

(b) This subchapter does not apply to in vitro fertilization, the administration of fertility-enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant so long as that procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.

Acts 2003, No. 607, § 1.
Ark. Code Ann. § 20-80-404 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-404
Duties of Commissioner of State Lands
Status: in_force

(a) All land subject to donation under this subchapter must have been offered for sale to the highest bidder by the Commissioner of State Lands pursuant to § 26-37-101 et seq. (b) After the Commissioner of State Lands has met the requirements of § 26-37-101 et seq., the Commissioner of State Lands may accept applications for donation of remaining tax-forfeited urban property. (c) The Commissioner of State Lands shall prescribe the requisite contracts, forms, or applications. Acts 1993, No. 1009, § 4.

(a) All land subject to donation under this subchapter must have been offered for sale to the highest bidder by the Commissioner of State Lands pursuant to § 26-37-101 et seq.

(b) After the Commissioner of State Lands has met the requirements of § 26-37-101 et seq., the Commissioner of State Lands may accept applications for donation of remaining tax-forfeited urban property.

(c) The Commissioner of State Lands shall prescribe the requisite contracts, forms, or applications.

Acts 1993, No. 1009, § 4.
Ark. Code Ann. § 20-21-405 — AR Code / Title 20 / Chapter 21 / Subchapter 4 / Section 20-21-405
Arkansas Nuclear Planning and Response Fund
Status: in_force

All funds collected by the Chief Fiscal Officer of the State pursuant to this subchapter shall be deposited into the State Treasury as special revenues, and the full amount thereof shall be credited to the Arkansas Nuclear Planning and Response Fund. The fund shall be used exclusively for the operation and maintenance of the Nuclear Planning and Response Program. Acts 1980 (1st Ex. Sess.), No. 67, § 5; A.S.A. 1947, § 82-1545.

All funds collected by the Chief Fiscal Officer of the State pursuant to this subchapter shall be deposited into the State Treasury as special revenues, and the full amount thereof shall be credited to the Arkansas Nuclear Planning and Response Fund. The fund shall be used exclusively for the operation and maintenance of the Nuclear Planning and Response Program.

Acts 1980 (1st Ex. Sess.), No. 67, § 5; A.S.A. 1947, § 82-1545.
Ark. Code Ann. § 20-78-103 — AR Code / Title 20 / Chapter 78 / Subchapter 1 / Section 20-78-103
State or federal funds - Licensing requirements
Status: in_force

(a) The Department of Human Services shall not expend any state or federal funds for childcare services to any childcare facility unless that facility is licensed or approved by the Division of Child Care and Early Childhood Education of the Department of Human Services, or registered with the department except where care is provided by a relative in a setting otherwise exempt from licensure. (b) The provisions of this section shall not apply until January 1, 1992, to any facility which is currently exempt and which is providing childcare services to participants in the Project Success Program. (c) Before that time, such facilities may apply for licensure or become registered with the department. (d) After January 1, 1992, the facility must either be licensed or registered to qualify for state or federal funds. Acts 1991, No. 657, §§ 1, 2.

(a) The Department of Human Services shall not expend any state or federal funds for childcare services to any childcare facility unless that facility is licensed or approved by the Division of Child Care and Early Childhood Education of the Department of Human Services, or registered with the department except where care is provided by a relative in a setting otherwise exempt from licensure.

(b) The provisions of this section shall not apply until January 1, 1992, to any facility which is currently exempt and which is providing childcare services to participants in the Project Success Program.

(c) Before that time, such facilities may apply for licensure or become registered with the department.

(d) After January 1, 1992, the facility must either be licensed or registered to qualify for state or federal funds.

Acts 1991, No. 657, §§ 1, 2.
Ark. Code Ann. § 20-13-1002 — AR Code / Title 20 / Chapter 13 / Subchapter 10 / Section 20-13-1002
License application and renewal
Status: in_force

(a) (1) An application for the issuance or renewal of an ambulance service license or a provisional ambulance service license shall be made on forms provided by the Department of Health and shall be accompanied by any fee as required by law or by rules promulgated by the department. (2) Each license shall be renewed annually. (b) Each licensee shall be issued a service license in one (1) of the classifications set forth by the department. (c) The department shall promulgate rules for the licensure and renewal of an ambulance service license. Amended by Act 2019, No. 315,§ 1928, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1927, eff. 7/24/2019. Acts 1997, No. 1255, § 2.

(a) (1) An application for the issuance or renewal of an ambulance service license or a provisional ambulance service license shall be made on forms provided by the Department of Health and shall be accompanied by any fee as required by law or by rules promulgated by the department. (2) Each license shall be renewed annually.

(1) An application for the issuance or renewal of an ambulance service license or a provisional ambulance service license shall be made on forms provided by the Department of Health and shall be accompanied by any fee as required by law or by rules promulgated by the department.

(2) Each license shall be renewed annually.

(b) Each licensee shall be issued a service license in one (1) of the classifications set forth by the department.

(c) The department shall promulgate rules for the licensure and renewal of an ambulance service license.

Amended by Act 2019, No. 315,§ 1928, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1927, eff. 7/24/2019.

Acts 1997, No. 1255, § 2.
Ark. Code Ann. § 20-16-2007 — AR Code / Title 20 / Chapter 16 / Subchapter 20 / Section 20-16-2007
Construction
Status: in_force

This subchapter does not: (1) Create or recognize a right to abortion; (2) Create or recognize a right to a particular method of abortion; or (3) Make lawful an abortion that is currently unlawful under any law of this state. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.

This subchapter does not:

(1) Create or recognize a right to abortion;

(2) Create or recognize a right to a particular method of abortion; or

(3) Make lawful an abortion that is currently unlawful under any law of this state.

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-15-1801 — AR Code / Title 20 / Chapter 15 / Subchapter 18 / Section 20-15-1801
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 46, eff. 8/1/2017. Acts 2007, No. 842, § 1.

Repealed by Act 2017, No. 540,§ 46, eff. 8/1/2017.

Acts 2007, No. 842, § 1.
Ark. Code Ann. § 20-77-148 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-148
Continuous glucose monitor - Definition
Status: in_force

(a) As used in this section, "continuous glucose monitor" means an instrument or device, including repair and replacement parts, that: (1) Is designed and offered for the purpose of aiding an individual with diabetes; (2) Measures glucose levels at set intervals by means of a small electrode placed under the skin and held in place by an adhesive; and (3) Is generally not useful to an individual who has not been diagnosed with diabetes. (b) The Arkansas Medicaid Program shall provide coverage for a continuous glucose monitor for the treatment of an individual if the individual has: (1) Either: (A) A presence of type 1 diabetes or any other type of diabetes with: (i) The use of insulin more than two (2) times daily; or (ii) Evidence of Level 2 or Level 3 hypoglycemia; or (B) Diagnosis of glycogen storage disease type 1a; and (2) Regular follow-up visits with a healthcare provider at a minimum of every six (6) months to assess for ongoing benefit of the continuous glucose monitor. (c) Coverage for a continuous glucose monitor under the Arkansas Medicaid Program shall allow the beneficiary to obtain a continuous glucose monitor through a prescription at a pharmacy and be eligible for rebates as a pharmacy benefit. Added by Act 2023, No. 393,§ 2, eff. 8/1/2023. Added by Act 2023, No. 205,§ 8, eff. 8/1/2023.

(a) As used in this section, "continuous glucose monitor" means an instrument or device, including repair and replacement parts, that: (1) Is designed and offered for the purpose of aiding an individual with diabetes; (2) Measures glucose levels at set intervals by means of a small electrode placed under the skin and held in place by an adhesive; and (3) Is generally not useful to an individual who has not been diagnosed with diabetes.

(1) Is designed and offered for the purpose of aiding an individual with diabetes;

(2) Measures glucose levels at set intervals by means of a small electrode placed under the skin and held in place by an adhesive; and

(3) Is generally not useful to an individual who has not been diagnosed with diabetes.

(b) The Arkansas Medicaid Program shall provide coverage for a continuous glucose monitor for the treatment of an individual if the individual has: (1) Either: (A) A presence of type 1 diabetes or any other type of diabetes with: (i) The use of insulin more than two (2) times daily; or (ii) Evidence of Level 2 or Level 3 hypoglycemia; or (B) Diagnosis of glycogen storage disease type 1a; and (2) Regular follow-up visits with a healthcare provider at a minimum of every six (6) months to assess for ongoing benefit of the continuous glucose monitor.

(1) Either: (A) A presence of type 1 diabetes or any other type of diabetes with: (i) The use of insulin more than two (2) times daily; or (ii) Evidence of Level 2 or Level 3 hypoglycemia; or (B) Diagnosis of glycogen storage disease type 1a; and

(A) A presence of type 1 diabetes or any other type of diabetes with: (i) The use of insulin more than two (2) times daily; or (ii) Evidence of Level 2 or Level 3 hypoglycemia; or

(i) The use of insulin more than two (2) times daily; or

(ii) Evidence of Level 2 or Level 3 hypoglycemia; or

(B) Diagnosis of glycogen storage disease type 1a; and

(2) Regular follow-up visits with a healthcare provider at a minimum of every six (6) months to assess for ongoing benefit of the continuous glucose monitor.

(c) Coverage for a continuous glucose monitor under the Arkansas Medicaid Program shall allow the beneficiary to obtain a continuous glucose monitor through a prescription at a pharmacy and be eligible for rebates as a pharmacy benefit.

Added by Act 2023, No. 393,§ 2, eff. 8/1/2023.

Added by Act 2023, No. 205,§ 8, eff. 8/1/2023.
Ark. Code Ann. § 20-8-401 — AR Code / Title 20 / Chapter 8 / Subchapter 4 / Section 20-8-401
Legislative findings
Status: in_force

The General Assembly finds and determines that there is a lack of Arkansas-specific information and data to guide officials responsible for policy decisions and that making this data readily available to decision makers is essential to the creation of effective health policy for the state. Acts 2003, No. 1035, § 1.

The General Assembly finds and determines that there is a lack of Arkansas-specific information and data to guide officials responsible for policy decisions and that making this data readily available to decision makers is essential to the creation of effective health policy for the state.

Acts 2003, No. 1035, § 1.
Ark. Code Ann. § 20-77-152 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-152
Long-acting reversible contraception coverage - Legislative findings
Status: in_force

(a) The General Assembly finds that: (1) The Arkansas Medicaid Program currently covers long-acting reversible contraception; (2) Due to the payment model used by the program for coverage of pregnant women, healthcare providers have found that providing long-acting reversible contraception during postpartum is cost prohibitive; and (3) Action should be taken to ensure that healthcare providers can provide long-acting reversible contraception during postpartum. (b) (1) The program shall reimburse a healthcare provider for providing long-acting reversible contraception immediately and during postpartum. (2) Reimbursement under subdivision (b)(1) of this section shall be in addition to the regular payments for services to pregnant women provided by a healthcare provider. (c) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section. Added by Act 2023, No. 581,§ 1, eff. 8/1/2023.

(a) The General Assembly finds that: (1) The Arkansas Medicaid Program currently covers long-acting reversible contraception; (2) Due to the payment model used by the program for coverage of pregnant women, healthcare providers have found that providing long-acting reversible contraception during postpartum is cost prohibitive; and (3) Action should be taken to ensure that healthcare providers can provide long-acting reversible contraception during postpartum.

(1) The Arkansas Medicaid Program currently covers long-acting reversible contraception;

(2) Due to the payment model used by the program for coverage of pregnant women, healthcare providers have found that providing long-acting reversible contraception during postpartum is cost prohibitive; and

(3) Action should be taken to ensure that healthcare providers can provide long-acting reversible contraception during postpartum.

(b) (1) The program shall reimburse a healthcare provider for providing long-acting reversible contraception immediately and during postpartum. (2) Reimbursement under subdivision (b)(1) of this section shall be in addition to the regular payments for services to pregnant women provided by a healthcare provider.

(1) The program shall reimburse a healthcare provider for providing long-acting reversible contraception immediately and during postpartum.

(2) Reimbursement under subdivision (b)(1) of this section shall be in addition to the regular payments for services to pregnant women provided by a healthcare provider.

(c) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section.

Added by Act 2023, No. 581,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-56-205 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-205
Penalties - Exceptions
Status: in_force

(a) Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor and for such offense shall, upon conviction, be fined an amount not to exceed five hundred dollars ($500), or shall be sentenced to not more than one (1) year's imprisonment, or both fine and imprisonment, in the discretion of the court. For each subsequent offense and conviction thereof, the person shall be fined not less than one thousand dollars ($1,000) or sentenced to one (1) year's imprisonment, or both fine and imprisonment, in the discretion of the court. (b) No person shall be subject to the penalties of subsection (a) of this section for having violated § 20-56-215(1) or § 20-56-215(3) if he or she establishes a guaranty or undertaking, signed by and containing the name and address of the person residing in the State of Arkansas from whom he or she received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this subchapter and designating this subchapter. (c) No publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, but not including the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him, her, or it of the false advertisement unless he, she, or it has refused, on the request of the State Board of Health, to furnish the board the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the State of Arkansas who caused him, her, or it to disseminate the advertisement. (d) (1) Except as provided in subdivision (d)(2) of this section, any person who distributes or possesses with intent to distribute any human growth hormone or counterfeit substance purporting to be a human growth hormone for any use in humans other than the treatment of disease pursuant to the order of a physician shall be deemed guilty of a Class D felony. (2) Any person who distributes or possesses with the intent to distribute to an individual under eighteen (18) years of age, any human growth hormone or counterfeit substance purporting to be a human growth hormone for any use in humans other than the treatment of disease pursuant to the order of a physician shall be deemed guilty of a Class C felony. (3) Possession by any person of more than two hundred (200) capsules or tablets or more than sixteen cubic centimeters (16 cm³) of human growth hormone or counterfeit substance purporting to be a human growth hormone shall create a rebuttable presumption that the person possesses such substances with the intent to deliver in violation of this subsection. However, this presumption may be overcome by the submission of evidence sufficient to create a reasonable doubt that the person charged possessed the substance with intent to deliver. Acts 1953, No. 415, § 5; A.S.A. 1947, § 82-1105; Acts 1989, No. 249, § 2; 1991, No. 569, § 2.

(a) Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor and for such offense shall, upon conviction, be fined an amount not to exceed five hundred dollars ($500), or shall be sentenced to not more than one (1) year's imprisonment, or both fine and imprisonment, in the discretion of the court. For each subsequent offense and conviction thereof, the person shall be fined not less than one thousand dollars ($1,000) or sentenced to one (1) year's imprisonment, or both fine and imprisonment, in the discretion of the court.

(b) No person shall be subject to the penalties of subsection (a) of this section for having violated § 20-56-215(1) or § 20-56-215(3) if he or she establishes a guaranty or undertaking, signed by and containing the name and address of the person residing in the State of Arkansas from whom he or she received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this subchapter and designating this subchapter.

(c) No publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, but not including the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him, her, or it of the false advertisement unless he, she, or it has refused, on the request of the State Board of Health, to furnish the board the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the State of Arkansas who caused him, her, or it to disseminate the advertisement.

(d) (1) Except as provided in subdivision (d)(2) of this section, any person who distributes or possesses with intent to distribute any human growth hormone or counterfeit substance purporting to be a human growth hormone for any use in humans other than the treatment of disease pursuant to the order of a physician shall be deemed guilty of a Class D felony. (2) Any person who distributes or possesses with the intent to distribute to an individual under eighteen (18) years of age, any human growth hormone or counterfeit substance purporting to be a human growth hormone for any use in humans other than the treatment of disease pursuant to the order of a physician shall be deemed guilty of a Class C felony. (3) Possession by any person of more than two hundred (200) capsules or tablets or more than sixteen cubic centimeters (16 cm³) of human growth hormone or counterfeit substance purporting to be a human growth hormone shall create a rebuttable presumption that the person possesses such substances with the intent to deliver in violation of this subsection. However, this presumption may be overcome by the submission of evidence sufficient to create a reasonable doubt that the person charged possessed the substance with intent to deliver.

(1) Except as provided in subdivision (d)(2) of this section, any person who distributes or possesses with intent to distribute any human growth hormone or counterfeit substance purporting to be a human growth hormone for any use in humans other than the treatment of disease pursuant to the order of a physician shall be deemed guilty of a Class D felony.

(2) Any person who distributes or possesses with the intent to distribute to an individual under eighteen (18) years of age, any human growth hormone or counterfeit substance purporting to be a human growth hormone for any use in humans other than the treatment of disease pursuant to the order of a physician shall be deemed guilty of a Class C felony.

(3) Possession by any person of more than two hundred (200) capsules or tablets or more than sixteen cubic centimeters (16 cm³) of human growth hormone or counterfeit substance purporting to be a human growth hormone shall create a rebuttable presumption that the person possesses such substances with the intent to deliver in violation of this subsection. However, this presumption may be overcome by the submission of evidence sufficient to create a reasonable doubt that the person charged possessed the substance with intent to deliver.

Acts 1953, No. 415, § 5; A.S.A. 1947, § 82-1105; Acts 1989, No. 249, § 2; 1991, No. 569, § 2.
Ark. Code Ann. § 20-10-302 — AR Code / Title 20 / Chapter 10 / Subchapter 3 / Section 20-10-302
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 39, eff. 8/1/2017. Acts 1969, No. 58, § 11; 1979, No. 28, § 9; 1985, No. 884, § 2; 1985, No. 968, § 2; A.S.A. 1947, § 82-2211.

Repealed by Act 2017, No. 540,§ 39, eff. 8/1/2017.

Acts 1969, No. 58, § 11; 1979, No. 28, § 9; 1985, No. 884, § 2; 1985, No. 968, § 2; A.S.A. 1947, § 82-2211.
Ark. Code Ann. § 20-77-1201 — AR Code / Title 20 / Chapter 77 / Subchapter 12 / Section 20-77-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Medicaid Program for Low-Income Disabled Working Persons". Acts 1999, No. 1197, § 1.

This subchapter shall be known and may be cited as the "Medicaid Program for Low-Income Disabled Working Persons".

Acts 1999, No. 1197, § 1.
Ark. Code Ann. § 20-64-1003 — AR Code / Title 20 / Chapter 64 / Subchapter 10 / Section 20-64-1003
Arkansas Alcohol and Drug Abuse Coordinating Council - Functions, powers, and duties
Status: in_force

(a) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the responsibility for overseeing all planning, budgeting, and implementation of expenditures of state and federal funds allocated for alcohol and drug education, prevention, treatment, and law enforcement. (b) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the following functions, powers, and duties: (1) All federal money received by the State of Arkansas for drug law enforcement, education, or prevention shall be reviewed by the Arkansas Alcohol and Drug Abuse Coordinating Council for disbursement, accountability, and evaluation; and (2) The Arkansas Alcohol and Drug Abuse Coordinating Council shall review and coordinate all school-based drug education, prevention, and awareness programs and efforts funded by the state. (c) The Arkansas Alcohol and Drug Abuse Coordinating Council shall assist community-based prevention councils in planning and coordinating prevention activities, promoting innovative programs, developing stable funding sources, and disseminating current information. These local councils should be racially balanced and shall include at least one (1) representative from each of the following groups: (1) One (1) law enforcement officer; (2) One (1) school board member; (3) One (1) school administrator; (4) One (1) school teacher; (5) One (1) parent; (6) One (1) student; (7) One (1) alcohol and drug abuse program director; and (8) One (1) health professional. (d) The Arkansas Alcohol and Drug Abuse Coordinating Council shall develop training and education programs for criminal justice personnel in drug-related matters in conjunction with the Division of Law Enforcement Standards and Training. (e) (1) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have authority to develop its rules of procedure to include the establishment of a committee structure for the approval of funding and other purposes. (2) Committees shall include without limitation a prevention, education, and treatment committee chaired by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and a law enforcement committee. (f) The Arkansas Alcohol and Drug Abuse Coordinating Council shall establish advocacy groups among the business community and youth population of this state. (g) The Arkansas Alcohol and Drug Abuse Coordinating Council shall work with all federal, state, county, and local law enforcement agencies to ensure an integrated system of enforcement activities. (h) The Arkansas Alcohol and Drug Abuse Coordinating Council shall perform other functions as may be necessary to carry out the functions, powers, and duties as set forth in this subchapter. Amended by Act 2019, No. 910,§ 6023, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 112, eff. 8/1/2017. Amended by Act 2017, No. 497,§ 23, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 41, eff. 8/16/2013. Acts 1989, No. 855, §§ 3, 4; 1995, No. 551, §§ 2, 3.

(a) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the responsibility for overseeing all planning, budgeting, and implementation of expenditures of state and federal funds allocated for alcohol and drug education, prevention, treatment, and law enforcement.

(b) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have the following functions, powers, and duties: (1) All federal money received by the State of Arkansas for drug law enforcement, education, or prevention shall be reviewed by the Arkansas Alcohol and Drug Abuse Coordinating Council for disbursement, accountability, and evaluation; and (2) The Arkansas Alcohol and Drug Abuse Coordinating Council shall review and coordinate all school-based drug education, prevention, and awareness programs and efforts funded by the state.

(1) All federal money received by the State of Arkansas for drug law enforcement, education, or prevention shall be reviewed by the Arkansas Alcohol and Drug Abuse Coordinating Council for disbursement, accountability, and evaluation; and

(2) The Arkansas Alcohol and Drug Abuse Coordinating Council shall review and coordinate all school-based drug education, prevention, and awareness programs and efforts funded by the state.

(c) The Arkansas Alcohol and Drug Abuse Coordinating Council shall assist community-based prevention councils in planning and coordinating prevention activities, promoting innovative programs, developing stable funding sources, and disseminating current information. These local councils should be racially balanced and shall include at least one (1) representative from each of the following groups: (1) One (1) law enforcement officer; (2) One (1) school board member; (3) One (1) school administrator; (4) One (1) school teacher; (5) One (1) parent; (6) One (1) student; (7) One (1) alcohol and drug abuse program director; and (8) One (1) health professional.

(1) One (1) law enforcement officer;

(2) One (1) school board member;

(3) One (1) school administrator;

(4) One (1) school teacher;

(5) One (1) parent;

(6) One (1) student;

(7) One (1) alcohol and drug abuse program director; and

(8) One (1) health professional.

(d) The Arkansas Alcohol and Drug Abuse Coordinating Council shall develop training and education programs for criminal justice personnel in drug-related matters in conjunction with the Division of Law Enforcement Standards and Training.

(e) (1) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have authority to develop its rules of procedure to include the establishment of a committee structure for the approval of funding and other purposes. (2) Committees shall include without limitation a prevention, education, and treatment committee chaired by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and a law enforcement committee.

(1) The Arkansas Alcohol and Drug Abuse Coordinating Council shall have authority to develop its rules of procedure to include the establishment of a committee structure for the approval of funding and other purposes.

(2) Committees shall include without limitation a prevention, education, and treatment committee chaired by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and a law enforcement committee.

(f) The Arkansas Alcohol and Drug Abuse Coordinating Council shall establish advocacy groups among the business community and youth population of this state.

(g) The Arkansas Alcohol and Drug Abuse Coordinating Council shall work with all federal, state, county, and local law enforcement agencies to ensure an integrated system of enforcement activities.

(h) The Arkansas Alcohol and Drug Abuse Coordinating Council shall perform other functions as may be necessary to carry out the functions, powers, and duties as set forth in this subchapter.

Amended by Act 2019, No. 910,§ 6023, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 112, eff. 8/1/2017.

Amended by Act 2017, No. 497,§ 23, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 41, eff. 8/16/2013.

Acts 1989, No. 855, §§ 3, 4; 1995, No. 551, §§ 2, 3.
Ark. Code Ann. § 20-22-203 — AR Code / Title 20 / Chapter 22 / Subchapter 2 / Section 20-22-203
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 27, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6005, eff. 7/1/2019. Acts 1979, No. 852, § 7; A.S.A. 1947, § 19-2171.

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

Amended by Act 2019, No. 910,§ 6005, eff. 7/1/2019.

Acts 1979, No. 852, § 7; A.S.A. 1947, § 19-2171.
Ark. Code Ann. § 20-16-507 — AR Code / Title 20 / Chapter 16 / Subchapter 5 / Section 20-16-507
Testing of pregnant women required
Status: in_force

(a) (1) (A) Every physician and healthcare provider attending pregnant women in this state for conditions relating to their pregnancy shall, in the case of every woman so attended, take or cause to be taken a sample of venous blood or other approved specimen of the woman as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, and shall submit the sample to an approved laboratory for: (i) A standard serological test for syphilis; (ii) A standard test for human immunodeficiency virus; and (iii) A standard test for Hepatitis B. (B) If for any reason the pregnant woman is not tested for syphilis, human immunodeficiency virus, or Hepatitis B, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician of any responsibility under this subsection. (2) Every other person authorized by law to attend or to provide medical treatment to pregnant women in this state but not permitted by law to take blood samples shall cause a sample of blood or other approved specimen of the pregnant woman to be taken as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, by or under the direction of a physician licensed to practice medicine and surgery and have the sample submitted to an approved laboratory for: (A) A standard serological test for syphilis; (B) A standard test for human immunodeficiency virus; and (C) A standard test for Hepatitis B. (3) Every physician described in subdivision (a)(1) of this section and every person described in subdivision (a)(2) of this section shall: (A) Inform each pregnant woman whom he or she is attending of the fact that syphilis, human immunodeficiency virus, and Hepatitis B may be transmitted from an infected mother to the fetus or unborn child and that these infections may be prevented if the maternal infection is recognized and treated; and (B) Provide counseling and instruction for human immunodeficiency virus in a manner prescribed by the Department of Health based upon contemporary state and federal standards. (b) For the purpose of this section, a standard serological test shall be a test for syphilis, human immunodeficiency virus, and Hepatitis B, approved or authorized by the Centers for Disease Control and Prevention, and approved by the Secretary of the Department of Health and shall be made at the department's laboratory or at another laboratory approved to make such tests. (c) All records, reports, data, or other information collected or maintained under this section that identifies or could be used to identify any individual patient, provider, or institution shall be confidential, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq. However, this subsection shall not affect the reports required to be submitted to the department under other laws and rules and regulations. Amended by Act 2019, No. 910,§ 5011, eff. 7/1/2019. Acts 1947, No. 71, §§ 1-3; A.S.A. 1947, §§ 82-607 -- 82-609; Acts 1997, No. 963, § 1.

(a) (1) (A) Every physician and healthcare provider attending pregnant women in this state for conditions relating to their pregnancy shall, in the case of every woman so attended, take or cause to be taken a sample of venous blood or other approved specimen of the woman as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, and shall submit the sample to an approved laboratory for: (i) A standard serological test for syphilis; (ii) A standard test for human immunodeficiency virus; and (iii) A standard test for Hepatitis B. (B) If for any reason the pregnant woman is not tested for syphilis, human immunodeficiency virus, or Hepatitis B, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician of any responsibility under this subsection. (2) Every other person authorized by law to attend or to provide medical treatment to pregnant women in this state but not permitted by law to take blood samples shall cause a sample of blood or other approved specimen of the pregnant woman to be taken as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, by or under the direction of a physician licensed to practice medicine and surgery and have the sample submitted to an approved laboratory for: (A) A standard serological test for syphilis; (B) A standard test for human immunodeficiency virus; and (C) A standard test for Hepatitis B. (3) Every physician described in subdivision (a)(1) of this section and every person described in subdivision (a)(2) of this section shall: (A) Inform each pregnant woman whom he or she is attending of the fact that syphilis, human immunodeficiency virus, and Hepatitis B may be transmitted from an infected mother to the fetus or unborn child and that these infections may be prevented if the maternal infection is recognized and treated; and (B) Provide counseling and instruction for human immunodeficiency virus in a manner prescribed by the Department of Health based upon contemporary state and federal standards.

(1) (A) Every physician and healthcare provider attending pregnant women in this state for conditions relating to their pregnancy shall, in the case of every woman so attended, take or cause to be taken a sample of venous blood or other approved specimen of the woman as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, and shall submit the sample to an approved laboratory for: (i) A standard serological test for syphilis; (ii) A standard test for human immunodeficiency virus; and (iii) A standard test for Hepatitis B. (B) If for any reason the pregnant woman is not tested for syphilis, human immunodeficiency virus, or Hepatitis B, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician of any responsibility under this subsection.

(A) Every physician and healthcare provider attending pregnant women in this state for conditions relating to their pregnancy shall, in the case of every woman so attended, take or cause to be taken a sample of venous blood or other approved specimen of the woman as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, and shall submit the sample to an approved laboratory for: (i) A standard serological test for syphilis; (ii) A standard test for human immunodeficiency virus; and (iii) A standard test for Hepatitis B.

(i) A standard serological test for syphilis;

(ii) A standard test for human immunodeficiency virus; and

(iii) A standard test for Hepatitis B.

(B) If for any reason the pregnant woman is not tested for syphilis, human immunodeficiency virus, or Hepatitis B, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician of any responsibility under this subsection.

(2) Every other person authorized by law to attend or to provide medical treatment to pregnant women in this state but not permitted by law to take blood samples shall cause a sample of blood or other approved specimen of the pregnant woman to be taken as early as reasonably possible in the pregnancy or, if not attended prenatally, at the time of delivery, by or under the direction of a physician licensed to practice medicine and surgery and have the sample submitted to an approved laboratory for: (A) A standard serological test for syphilis; (B) A standard test for human immunodeficiency virus; and (C) A standard test for Hepatitis B.

(A) A standard serological test for syphilis;

(B) A standard test for human immunodeficiency virus; and

(C) A standard test for Hepatitis B.

(3) Every physician described in subdivision (a)(1) of this section and every person described in subdivision (a)(2) of this section shall: (A) Inform each pregnant woman whom he or she is attending of the fact that syphilis, human immunodeficiency virus, and Hepatitis B may be transmitted from an infected mother to the fetus or unborn child and that these infections may be prevented if the maternal infection is recognized and treated; and (B) Provide counseling and instruction for human immunodeficiency virus in a manner prescribed by the Department of Health based upon contemporary state and federal standards.

(A) Inform each pregnant woman whom he or she is attending of the fact that syphilis, human immunodeficiency virus, and Hepatitis B may be transmitted from an infected mother to the fetus or unborn child and that these infections may be prevented if the maternal infection is recognized and treated; and

(B) Provide counseling and instruction for human immunodeficiency virus in a manner prescribed by the Department of Health based upon contemporary state and federal standards.

(b) For the purpose of this section, a standard serological test shall be a test for syphilis, human immunodeficiency virus, and Hepatitis B, approved or authorized by the Centers for Disease Control and Prevention, and approved by the Secretary of the Department of Health and shall be made at the department's laboratory or at another laboratory approved to make such tests.

(c) All records, reports, data, or other information collected or maintained under this section that identifies or could be used to identify any individual patient, provider, or institution shall be confidential, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq. However, this subsection shall not affect the reports required to be submitted to the department under other laws and rules and regulations.

Amended by Act 2019, No. 910,§ 5011, eff. 7/1/2019.

Acts 1947, No. 71, §§ 1-3; A.S.A. 1947, §§ 82-607 -- 82-609; Acts 1997, No. 963, § 1.
Ark. Code Ann. § 20-47-810 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-810
Ninety-six-hour maximum time of detention
Status: in_force

(a) An individual with a behavioral health impairment who is admitted to a crisis stabilization unit under a crisis intervention protocol under this subchapter shall have a final disposition within a maximum of ninety-six (96) hours or remain on a voluntary basis. (b) If the individual with a behavioral health impairment cannot be stabilized within ninety-six (96) hours of entering into a crisis intervention protocol, a participating partner may institute commitment proceedings as authorized under § 20-47-201 et seq. (c) As part of the discharge process after the ninety-six-hour stay has expired, a crisis stabilization unit shall provide the individual with a follow-up treatment plan and a request that the individual utilize the treatment plan, including subsequent appointments with a mental health professional. Amended by Act 2021, No. 989,§ 4, eff. 7/28/2021. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) An individual with a behavioral health impairment who is admitted to a crisis stabilization unit under a crisis intervention protocol under this subchapter shall have a final disposition within a maximum of ninety-six (96) hours or remain on a voluntary basis.

(b) If the individual with a behavioral health impairment cannot be stabilized within ninety-six (96) hours of entering into a crisis intervention protocol, a participating partner may institute commitment proceedings as authorized under § 20-47-201 et seq.

(c) As part of the discharge process after the ninety-six-hour stay has expired, a crisis stabilization unit shall provide the individual with a follow-up treatment plan and a request that the individual utilize the treatment plan, including subsequent appointments with a mental health professional.

Amended by Act 2021, No. 989,§ 4, eff. 7/28/2021.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-76-513 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-513
[Repealed]
Status: repealed

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

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

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-81-105 — AR Code / Title 20 / Chapter 81 / Section 20-81-105
Veterans' homes
Status: in_force

(a) The Department of Veterans Affairs is authorized to establish and maintain one (1) or more veterans' homes at locations selected by the Secretary of the Department of Veterans Affairs, after seeking advice from the Arkansas Veterans' Commission. (b) The department is authorized to employ staff to operate the veterans' homes as it deems appropriate and as authorized by biennial appropriation. (c) (1) Each veterans' home shall be operated under the supervision of the department. (2) The secretary shall be the administrative head of the veterans' homes. (3) The secretary may delegate the administration of each veterans' home to an employee of the department. (d) (1) The department shall promulgate appropriate guidelines for determining eligibility of veterans for admission to a veterans' home and the monetary charges to be made for veterans residing in a veterans' home. All guidelines shall conform to the federal requirements to qualify veterans' homes as nursing homes for veterans and to render the veterans' homes eligible to receive federal financial assistance. (2) (A) Notwithstanding the provisions of § 20-8-101 et seq., the veterans' homes may be used as nursing homes for veterans without obtaining a certificate of need. (B) Bed capacity shall not exceed two hundred twenty (220) beds. (e) In the administration of the veterans' homes, the secretary is authorized to do the following: (1) Establish accounts to record the receipt and disbursement of funds from resident veterans to pay for a portion of their maintenance at a veterans' home; (2) Develop policies for determining charges to be made to resident veterans; (3) Develop accounts and procedures pertaining to incompetent residents; (4) Establish procedures and accounts for payment by a veteran's home to its residents for work performed at the veterans' home; (5) Establish such other accounts as are necessary to the orderly administration of the veterans' homes; and (6) Establish policies necessary for the operation of the veterans' homes. (f) At the end of each fiscal year, the secretary shall certify to the Chief Fiscal Officer of the State the amount of nonrevenues to be retained in the Miscellaneous Agencies Fund Account. All other moneys shall be transferred to the General Revenue Allotment Reserve Fund according to existing laws. Amended by Act 2019, No. 910,§ 6334, eff. 7/1/2019. Amended by Act 2013, No. 165,§ 1, eff. 8/16/2013. Acts 1979, No. 324, §§ 5, 6; 1985, No. 432, § 1; A.S.A. 1947, §§ 11-1414, 11-1415; Acts 1987, No. 157, § 2; 1987, No. 202, § 10; 1989 (1st Ex. Sess.), No. 217, § 10; 1999, No. 634, § 2.

(a) The Department of Veterans Affairs is authorized to establish and maintain one (1) or more veterans' homes at locations selected by the Secretary of the Department of Veterans Affairs, after seeking advice from the Arkansas Veterans' Commission.

(b) The department is authorized to employ staff to operate the veterans' homes as it deems appropriate and as authorized by biennial appropriation.

(c) (1) Each veterans' home shall be operated under the supervision of the department. (2) The secretary shall be the administrative head of the veterans' homes. (3) The secretary may delegate the administration of each veterans' home to an employee of the department.

(1) Each veterans' home shall be operated under the supervision of the department.

(2) The secretary shall be the administrative head of the veterans' homes.

(3) The secretary may delegate the administration of each veterans' home to an employee of the department.

(d) (1) The department shall promulgate appropriate guidelines for determining eligibility of veterans for admission to a veterans' home and the monetary charges to be made for veterans residing in a veterans' home. All guidelines shall conform to the federal requirements to qualify veterans' homes as nursing homes for veterans and to render the veterans' homes eligible to receive federal financial assistance. (2) (A) Notwithstanding the provisions of § 20-8-101 et seq., the veterans' homes may be used as nursing homes for veterans without obtaining a certificate of need. (B) Bed capacity shall not exceed two hundred twenty (220) beds.

(1) The department shall promulgate appropriate guidelines for determining eligibility of veterans for admission to a veterans' home and the monetary charges to be made for veterans residing in a veterans' home. All guidelines shall conform to the federal requirements to qualify veterans' homes as nursing homes for veterans and to render the veterans' homes eligible to receive federal financial assistance.

(2) (A) Notwithstanding the provisions of § 20-8-101 et seq., the veterans' homes may be used as nursing homes for veterans without obtaining a certificate of need. (B) Bed capacity shall not exceed two hundred twenty (220) beds.

(A) Notwithstanding the provisions of § 20-8-101 et seq., the veterans' homes may be used as nursing homes for veterans without obtaining a certificate of need.

(B) Bed capacity shall not exceed two hundred twenty (220) beds.

(e) In the administration of the veterans' homes, the secretary is authorized to do the following: (1) Establish accounts to record the receipt and disbursement of funds from resident veterans to pay for a portion of their maintenance at a veterans' home; (2) Develop policies for determining charges to be made to resident veterans; (3) Develop accounts and procedures pertaining to incompetent residents; (4) Establish procedures and accounts for payment by a veteran's home to its residents for work performed at the veterans' home; (5) Establish such other accounts as are necessary to the orderly administration of the veterans' homes; and (6) Establish policies necessary for the operation of the veterans' homes.

(1) Establish accounts to record the receipt and disbursement of funds from resident veterans to pay for a portion of their maintenance at a veterans' home;

(2) Develop policies for determining charges to be made to resident veterans;

(3) Develop accounts and procedures pertaining to incompetent residents;

(4) Establish procedures and accounts for payment by a veteran's home to its residents for work performed at the veterans' home;

(5) Establish such other accounts as are necessary to the orderly administration of the veterans' homes; and

(6) Establish policies necessary for the operation of the veterans' homes.

(f) At the end of each fiscal year, the secretary shall certify to the Chief Fiscal Officer of the State the amount of nonrevenues to be retained in the Miscellaneous Agencies Fund Account. All other moneys shall be transferred to the General Revenue Allotment Reserve Fund according to existing laws.

Amended by Act 2019, No. 910,§ 6334, eff. 7/1/2019.

Amended by Act 2013, No. 165,§ 1, eff. 8/16/2013.

Acts 1979, No. 324, §§ 5, 6; 1985, No. 432, § 1; A.S.A. 1947, §§ 11-1414, 11-1415; Acts 1987, No. 157, § 2; 1987, No. 202, § 10; 1989 (1st Ex. Sess.), No. 217, § 10; 1999, No. 634, § 2.
Ark. Code Ann. § 20-8-403 — AR Code / Title 20 / Chapter 8 / Subchapter 4 / Section 20-8-403
Data access
Status: in_force

(a) If agreed to by state agencies responsible for maintaining requested data sources, the Arkansas Center for Health Improvement may have access to the agencies' information and data to facilitate operation of the Arkansas Health Data Initiative. (b) Data under subsection (a) of this section include: (1) Public health databases; (2) Healthcare-utilization data; (3) Financial data related to the procurement of health or healthcare-related services; (4) Data supplied as part of mandated reporting requirements to state agencies by entities, including, but not limited to, other state agencies and departments, nonstate entities, external vendors, and other entities as identified by the initiative; (5) Data collected and maintained under the State Health Data Clearinghouse Act, § 20-7-301 et seq.; and (6) Other data sources supported and maintained with state funds. Acts 2003, No. 1035, § 3.

(a) If agreed to by state agencies responsible for maintaining requested data sources, the Arkansas Center for Health Improvement may have access to the agencies' information and data to facilitate operation of the Arkansas Health Data Initiative.

(b) Data under subsection (a) of this section include: (1) Public health databases; (2) Healthcare-utilization data; (3) Financial data related to the procurement of health or healthcare-related services; (4) Data supplied as part of mandated reporting requirements to state agencies by entities, including, but not limited to, other state agencies and departments, nonstate entities, external vendors, and other entities as identified by the initiative; (5) Data collected and maintained under the State Health Data Clearinghouse Act, § 20-7-301 et seq.; and (6) Other data sources supported and maintained with state funds.

(1) Public health databases;

(2) Healthcare-utilization data;

(3) Financial data related to the procurement of health or healthcare-related services;

(4) Data supplied as part of mandated reporting requirements to state agencies by entities, including, but not limited to, other state agencies and departments, nonstate entities, external vendors, and other entities as identified by the initiative;

(5) Data collected and maintained under the State Health Data Clearinghouse Act, § 20-7-301 et seq.; and

(6) Other data sources supported and maintained with state funds.

Acts 2003, No. 1035, § 3.
Ark. Code Ann. § 20-13-604 — AR Code / Title 20 / Chapter 13 / Subchapter 6 / Section 20-13-604
Eligibility for certificate
Status: in_force

Persons eligible to receive a certificate pursuant to this subchapter shall meet the following requirements: (1) Be eighteen (18) years of age or older; (2) Have, or reasonably expect to have, responsibility for at least one (1) other person as a result of one's relationship, or one's occupational or volunteer status, for example, emergency medical technician, fire department personnel, P.H. nurses, etc.; and (3) Have been properly trained by a qualified instructor who has been certified by a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. The curriculum shall minimally include recognition of the symptoms of systemic reactions to nerve agents and the proper administration of an injection of atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents. Acts 1991, No. 270, § 4.

Persons eligible to receive a certificate pursuant to this subchapter shall meet the following requirements:

(1) Be eighteen (18) years of age or older;

(2) Have, or reasonably expect to have, responsibility for at least one (1) other person as a result of one's relationship, or one's occupational or volunteer status, for example, emergency medical technician, fire department personnel, P.H. nurses, etc.; and

(3) Have been properly trained by a qualified instructor who has been certified by a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. The curriculum shall minimally include recognition of the symptoms of systemic reactions to nerve agents and the proper administration of an injection of atropine/pralidoxime, or other drugs as approved by the State Health Officer for the treatment of symptoms caused by exposure to nerve agents.

Acts 1991, No. 270, § 4.
Ark. Code Ann. § 20-17-1025 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1025
Protection of cemeteries - Power to lend - Insolvent Cemetery Loan Fund
Status: in_force

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall maintain a segregated fund within its general operating fund to be known as the Insolvent Cemetery Loan Fund, which shall be administered by the Insurance Commissioner and only used to lend a court-appointed receiver or conservator the funds necessary to assure that a cemetery will be properly maintained and will continue to be a going concern, including the funds necessary to pay a reasonable surety bond premium that is required to be posted by the court. (b) The board may take any legal action necessary against a cemetery company, receiver, or conservator to recover funds loaned by the board to or for the benefit of the cemetery, cemetery company, receiver, or conservator for the payment of maintenance expenses or unpaid loans. (c) Disbursement from the Insolvent Cemetery Loan Fund for loans to a receiver or conservator shall be made on a "first in, first out" basis as determined by the commissioner. (d) The commissioner may accept donations to the board from any cemetery company, organization, or individual to fund loans under this section. (e) The board may waive payment or extend the payment period for a loan made to a receiver or conservator if the board determines that it is unlikely that the receiver or conservator has or will receive sufficient funds to repay the loan and that the funds were or are needed to maintain and operate the cemetery for the benefit of the lot owners and the general public. (f) Any funds that accumulate in the Insolvent Cemetery Loan Fund in excess of one hundred eighty thousand dollars ($180,000) may at the request of the board be transferred to the Insolvent Cemetery Grant Fund under the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq. Amended by Act 2021, No. 731,§ 12, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 56, eff. 7/1/2018. Acts 1997, No. 295, § 11; 2001, No. 1242, § 5; 2009, No. 429, § 2.

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall maintain a segregated fund within its general operating fund to be known as the Insolvent Cemetery Loan Fund, which shall be administered by the Insurance Commissioner and only used to lend a court-appointed receiver or conservator the funds necessary to assure that a cemetery will be properly maintained and will continue to be a going concern, including the funds necessary to pay a reasonable surety bond premium that is required to be posted by the court.

(b) The board may take any legal action necessary against a cemetery company, receiver, or conservator to recover funds loaned by the board to or for the benefit of the cemetery, cemetery company, receiver, or conservator for the payment of maintenance expenses or unpaid loans.

(c) Disbursement from the Insolvent Cemetery Loan Fund for loans to a receiver or conservator shall be made on a "first in, first out" basis as determined by the commissioner.

(d) The commissioner may accept donations to the board from any cemetery company, organization, or individual to fund loans under this section.

(e) The board may waive payment or extend the payment period for a loan made to a receiver or conservator if the board determines that it is unlikely that the receiver or conservator has or will receive sufficient funds to repay the loan and that the funds were or are needed to maintain and operate the cemetery for the benefit of the lot owners and the general public.

(f) Any funds that accumulate in the Insolvent Cemetery Loan Fund in excess of one hundred eighty thousand dollars ($180,000) may at the request of the board be transferred to the Insolvent Cemetery Grant Fund under the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq.

Amended by Act 2021, No. 731,§ 12, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 56, eff. 7/1/2018.

Acts 1997, No. 295, § 11; 2001, No. 1242, § 5; 2009, No. 429, § 2.
Ark. Code Ann. § 20-9-209 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-209
Construction program - Application for funds
Status: in_force

(a) Applications for hospital and medical facilities construction projects for which federal funds are requested shall be submitted to the State Board of Health and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a hospital or a medical facility. (b) However, no application for a diagnostic or treatment center shall be approved unless the applicant is: (1) The state, a political subdivision, or a public agency; or (2) A person, corporation, or association which owns and operates a nonprofit hospital. (c) Each application for a construction project shall conform to federal and state requirements. (d) If, after affording reasonable opportunity for development and presentation of applications in the order of relative need, the Department of Health finds that a project application complies with subsection (a) of this section and is otherwise in conformity with the state plan, then it shall approve the application and shall recommend and forward it to the United States Surgeon General. (e) The department by rule shall provide an opportunity for fair hearing and appeal to every applicant who is dissatisfied with any action regarding an application. Amended by Act 2019, No. 315,§ 1831, eff. 7/24/2019. Acts 1961, No. 414, §§ 15, 16; A.S.A. 1947, §§ 82-341, 82-342.

(a) Applications for hospital and medical facilities construction projects for which federal funds are requested shall be submitted to the State Board of Health and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a hospital or a medical facility.

(b) However, no application for a diagnostic or treatment center shall be approved unless the applicant is: (1) The state, a political subdivision, or a public agency; or (2) A person, corporation, or association which owns and operates a nonprofit hospital.

(1) The state, a political subdivision, or a public agency; or

(2) A person, corporation, or association which owns and operates a nonprofit hospital.

(c) Each application for a construction project shall conform to federal and state requirements.

(d) If, after affording reasonable opportunity for development and presentation of applications in the order of relative need, the Department of Health finds that a project application complies with subsection (a) of this section and is otherwise in conformity with the state plan, then it shall approve the application and shall recommend and forward it to the United States Surgeon General.

(e) The department by rule shall provide an opportunity for fair hearing and appeal to every applicant who is dissatisfied with any action regarding an application.

Amended by Act 2019, No. 315,§ 1831, eff. 7/24/2019.

Acts 1961, No. 414, §§ 15, 16; A.S.A. 1947, §§ 82-341, 82-342.
Ark. Code Ann. § 20-9-1002 — AR Code / Title 20 / Chapter 9 / Subchapter 10 / Section 20-9-1002
Findings
Status: in_force

The General Assembly finds that: (1) The citizens of the State of Arkansas are entitled to the maximum protection which is practicable from the effects of strokes; (2) Each year about seven hundred thousand (700,000) Americans experience a new or recurrent stroke; (3) On average, a stroke strikes someone every forty-five (45) seconds, and someone dies of a stroke every three and one-tenth (3.1) minutes; (4) Stroke is the leading cause of serious, long-term disability in the United States, with about four million seven hundred thousand (4,700,000) stroke survivors alive today; (5) Stroke is the third leading cause of death in the United States, causing fifty-seven and seven-tenths (57.7) deaths per one hundred thousand (100,000) population; and (6) In Arkansas, the death rate from stroke is seventy-five and nine-tenths (75.9) per one hundred thousand (100,000), the highest in the nation. Acts 2005, No. 663, § 1.

The General Assembly finds that:

(1) The citizens of the State of Arkansas are entitled to the maximum protection which is practicable from the effects of strokes;

(2) Each year about seven hundred thousand (700,000) Americans experience a new or recurrent stroke;

(3) On average, a stroke strikes someone every forty-five (45) seconds, and someone dies of a stroke every three and one-tenth (3.1) minutes;

(4) Stroke is the leading cause of serious, long-term disability in the United States, with about four million seven hundred thousand (4,700,000) stroke survivors alive today;

(5) Stroke is the third leading cause of death in the United States, causing fifty-seven and seven-tenths (57.7) deaths per one hundred thousand (100,000) population; and

(6) In Arkansas, the death rate from stroke is seventy-five and nine-tenths (75.9) per one hundred thousand (100,000), the highest in the nation.

Acts 2005, No. 663, § 1.
Ark. Code Ann. § 20-6-306 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-306
Review and revision
Status: in_force

(a) (1) An executed physician order for life-sustaining treatment form may be reviewed periodically by the physician of the patient. (2) The physician may: (A) Conduct an evaluation of the patient; and (B) In consultation with the patient or the legal representative of the patient, issue a new physician order for life-sustaining treatment form consistent with the most current information available about the health status and goals of care of the patient. (b) (1) The new physician order for life-sustaining treatment form shall be: (A) Recorded on a new physician order for life-sustaining treatment form; and (B) Signed in compliance with § 20-6-304 . (2) Once a new physician order for life-sustaining treatment form has been executed, the previous physician order for life-sustaining treatment form shall be nullified. (c) A patient with the capacity to make his or her own healthcare decisions may, at any time, request alternative treatment to the treatment that was ordered on the physician order for life-sustaining treatment form. (d) The legal representative of the patient who does not have the capacity to make his or her own healthcare decisions shall consult with the physician who is the treating physician of the patient before making a request to modify the orders reflected in the physician order for life-sustaining treatment form of the patient. Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

(a) (1) An executed physician order for life-sustaining treatment form may be reviewed periodically by the physician of the patient. (2) The physician may: (A) Conduct an evaluation of the patient; and (B) In consultation with the patient or the legal representative of the patient, issue a new physician order for life-sustaining treatment form consistent with the most current information available about the health status and goals of care of the patient.

(1) An executed physician order for life-sustaining treatment form may be reviewed periodically by the physician of the patient.

(2) The physician may: (A) Conduct an evaluation of the patient; and (B) In consultation with the patient or the legal representative of the patient, issue a new physician order for life-sustaining treatment form consistent with the most current information available about the health status and goals of care of the patient.

(A) Conduct an evaluation of the patient; and

(B) In consultation with the patient or the legal representative of the patient, issue a new physician order for life-sustaining treatment form consistent with the most current information available about the health status and goals of care of the patient.

(b) (1) The new physician order for life-sustaining treatment form shall be: (A) Recorded on a new physician order for life-sustaining treatment form; and (B) Signed in compliance with § 20-6-304 . (2) Once a new physician order for life-sustaining treatment form has been executed, the previous physician order for life-sustaining treatment form shall be nullified.

(1) The new physician order for life-sustaining treatment form shall be: (A) Recorded on a new physician order for life-sustaining treatment form; and (B) Signed in compliance with § 20-6-304 .

(A) Recorded on a new physician order for life-sustaining treatment form; and

(B) Signed in compliance with § 20-6-304 .

(2) Once a new physician order for life-sustaining treatment form has been executed, the previous physician order for life-sustaining treatment form shall be nullified.

(c) A patient with the capacity to make his or her own healthcare decisions may, at any time, request alternative treatment to the treatment that was ordered on the physician order for life-sustaining treatment form.

(d) The legal representative of the patient who does not have the capacity to make his or her own healthcare decisions shall consult with the physician who is the treating physician of the patient before making a request to modify the orders reflected in the physician order for life-sustaining treatment form of the patient.

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-13-1115 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1115
Applicability of subchapter
Status: in_force

This subchapter shall not apply to persons who render care subject to professional licenses obtained pursuant to: (1) Section 17-27-101 et seq., regarding licensed professional counselors; (2) The Social Work Licensing Act, § 17-103-101 et seq., regarding social workers; (3) The Arkansas Dental Practice Act, § 17-82-101 et seq., regarding dentists; (4) Section 17-87-101 et seq., regarding nurses; (5) The Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq., regarding occupational therapists; (6) Section 17-92-101 et seq., regarding pharmacists; (7) The Arkansas Physical Therapy Act, § 17-93-101 et seq., regarding physical therapists; (8) Section 17-95-101 et seq., regarding physicians and surgeons; (9) Section 17-96-101 et seq., regarding podiatrists; (10) Section 17-97-101 et seq., regarding psychologists and psychological examiners; (11) The Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., regarding speech-language pathologists and audiologists; or (12) Section 20-10-401 et seq., regarding nursing home administrators. Acts 1999, No. 666, § 10.

This subchapter shall not apply to persons who render care subject to professional licenses obtained pursuant to:

(1) Section 17-27-101 et seq., regarding licensed professional counselors;

(2) The Social Work Licensing Act, § 17-103-101 et seq., regarding social workers;

(3) The Arkansas Dental Practice Act, § 17-82-101 et seq., regarding dentists;

(4) Section 17-87-101 et seq., regarding nurses;

(5) The Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq., regarding occupational therapists;

(6) Section 17-92-101 et seq., regarding pharmacists;

(7) The Arkansas Physical Therapy Act, § 17-93-101 et seq., regarding physical therapists;

(8) Section 17-95-101 et seq., regarding physicians and surgeons;

(9) Section 17-96-101 et seq., regarding podiatrists;

(10) Section 17-97-101 et seq., regarding psychologists and psychological examiners;

(11) The Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., regarding speech-language pathologists and audiologists; or

(12) Section 20-10-401 et seq., regarding nursing home administrators.

Acts 1999, No. 666, § 10.
Ark. Code Ann. § 20-10-2506 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2506
Training costs
Status: in_force

A covered staff member shall not be required to bear any of the cost of trainings or cost to attend trainings and shall receive his or her normal compensation when attending required trainings. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

A covered staff member shall not be required to bear any of the cost of trainings or cost to attend trainings and shall receive his or her normal compensation when attending required trainings.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-28-101 — AR Code / Title 20 / Chapter 28 / Section 20-28-101
Title
Status: in_force

This chapter shall be known as the "Public Water System Service Act". Acts 1987, No. 95, § 1; 1991, No. 1053, § 1.

This chapter shall be known as the "Public Water System Service Act".

Acts 1987, No. 95, § 1; 1991, No. 1053, § 1.
Ark. Code Ann. § 20-17-1106 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1106
Board of commissioners - Proceedings - Officers - Employees - Selection of depository
Status: in_force

(a) (1) Within thirty (30) days after their appointment, the commissioners shall take and file their oaths of office with the county clerk, in which they shall swear to support the United States Constitution and the Arkansas Constitution, to faithfully discharge their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board of commissioners. (2) Any commissioner failing to file the oath within the period shall be deemed to have declined the office, and the county court shall appoint some resident property holder as his or her successor who shall qualify in like manner within a like time. (b) The board shall organize by electing one (1) of its members chair, and it shall select a secretary. (c) The board may also employ such agents, servants, attorneys, and engineers as it deems best and fix their compensation. (d) Each district shall be a body corporate with power to sue and be sued, and the board shall have a corporate seal. (e) The board shall also select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands. Acts 1957, No. 318, § 3; A.S.A. 1947, § 20-1303.

(a) (1) Within thirty (30) days after their appointment, the commissioners shall take and file their oaths of office with the county clerk, in which they shall swear to support the United States Constitution and the Arkansas Constitution, to faithfully discharge their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board of commissioners. (2) Any commissioner failing to file the oath within the period shall be deemed to have declined the office, and the county court shall appoint some resident property holder as his or her successor who shall qualify in like manner within a like time.

(1) Within thirty (30) days after their appointment, the commissioners shall take and file their oaths of office with the county clerk, in which they shall swear to support the United States Constitution and the Arkansas Constitution, to faithfully discharge their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board of commissioners.

(2) Any commissioner failing to file the oath within the period shall be deemed to have declined the office, and the county court shall appoint some resident property holder as his or her successor who shall qualify in like manner within a like time.

(b) The board shall organize by electing one (1) of its members chair, and it shall select a secretary.

(c) The board may also employ such agents, servants, attorneys, and engineers as it deems best and fix their compensation.

(d) Each district shall be a body corporate with power to sue and be sued, and the board shall have a corporate seal.

(e) The board shall also select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands.

Acts 1957, No. 318, § 3; A.S.A. 1947, § 20-1303.
Ark. Code Ann. § 20-15-909 — AR Code / Title 20 / Chapter 15 / Subchapter 9 / Section 20-15-909
Implementation
Status: in_force

The State Board of Health shall promulgate rules to provide for the distribution of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) medications to Arkansas citizens without ample resources or available avenues to acquire their medically necessary medications. Amended by Act 2019, No. 315,§ 1942, eff. 7/24/2019. Acts 2001, No. 235, § 3.

The State Board of Health shall promulgate rules to provide for the distribution of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) medications to Arkansas citizens without ample resources or available avenues to acquire their medically necessary medications.

Amended by Act 2019, No. 315,§ 1942, eff. 7/24/2019.

Acts 2001, No. 235, § 3.
Ark. Code Ann. § 20-58-214 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-214
Enforcement
Status: in_force

(a) The Arkansas Livestock and Poultry Commission shall enforce the provisions of this subchapter and is authorized to make and promulgate such rules as may be necessary thereto. (b) (1) The commission and its authorized employees or agents may enter any store, vehicle, market, or any other business or place where eggs are bought, stored, sold, offered for sale, or processed. The commission is authorized to make such inspections as needed of eggs to determine if the grades of the eggs conform to grades as labeled on the exterior of the container. (2) If the inspection determines that the eggs in the container do not conform to the grade as labeled on the exterior of the container, the commission or its employees or agents are authorized to examine the invoices and such other records as are needed to determine the cause and place of the violation of the rule of this subchapter. (c) The commission and its authorized employees shall have the power to stop sale and impound, retain, or destroy any containers of eggs offered for sale which are in conflict with any provisions of this subchapter. Amended by Act 2023, No. 598,§ 7, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2188, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2187, eff. 7/24/2019. Acts 1969, No. 220, § 17; A.S.A. 1947, § 82-1320.

(a) The Arkansas Livestock and Poultry Commission shall enforce the provisions of this subchapter and is authorized to make and promulgate such rules as may be necessary thereto.

(b) (1) The commission and its authorized employees or agents may enter any store, vehicle, market, or any other business or place where eggs are bought, stored, sold, offered for sale, or processed. The commission is authorized to make such inspections as needed of eggs to determine if the grades of the eggs conform to grades as labeled on the exterior of the container. (2) If the inspection determines that the eggs in the container do not conform to the grade as labeled on the exterior of the container, the commission or its employees or agents are authorized to examine the invoices and such other records as are needed to determine the cause and place of the violation of the rule of this subchapter.

(1) The commission and its authorized employees or agents may enter any store, vehicle, market, or any other business or place where eggs are bought, stored, sold, offered for sale, or processed. The commission is authorized to make such inspections as needed of eggs to determine if the grades of the eggs conform to grades as labeled on the exterior of the container.

(2) If the inspection determines that the eggs in the container do not conform to the grade as labeled on the exterior of the container, the commission or its employees or agents are authorized to examine the invoices and such other records as are needed to determine the cause and place of the violation of the rule of this subchapter.

(c) The commission and its authorized employees shall have the power to stop sale and impound, retain, or destroy any containers of eggs offered for sale which are in conflict with any provisions of this subchapter.

Amended by Act 2023, No. 598,§ 7, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2188, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2187, eff. 7/24/2019.

Acts 1969, No. 220, § 17; A.S.A. 1947, § 82-1320.
Ark. Code Ann. § 20-64-302 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-302
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) [Repealed.] (2) "Counterfeit drug" means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug and which thereby falsely purports, or is represented to be the product of, or to have been packed or distributed by, another drug manufacturer, processor, packer, or distributor; (3) "Depressant or stimulant drug" means: (A) Any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated under section 502(d) of the Federal Food, Drug, and Cosmetic Act, as presently in force and effect, as habit-forming and such other derivatives as the State Board of Health shall define as habit-forming, provided that in formulating these definitions, the board shall take into consideration the provisions of the Federal Food, Drug, and Cosmetic Act as it exists from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act, insofar as is possible under the standards established in this subchapter and under the policy of it; (B) Any drug which contains any quantity of: (i) Amphetamine or any of its optical isomers; (ii) Any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) Any substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as habit-forming because of its stimulant effect on the central nervous system. In formulating these rules, the board shall take into consideration the regulations promulgated from time to time under the Federal Food, Drug, and Cosmetic Act and shall amend the rules so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act; or (C) Any drug which contains any quantity of a substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect, provided that the board in formulating its rules shall take into consideration all regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act and shall amend its rules so as to keep them in harmony with the regulations prescribed by the Federal Food, Drug, and Cosmetic Act; (4) "Drug" means articles recognized in the official United States Pharmacopoeia, or official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, but does not include devices or their components, parts, or accessories; (5) "Federal act" designates the Federal Food, Drug, and Cosmetic Act, which was in effect on June 30, 1967, and all amendments thereto; (6) "Manufacture", "compound", or "process" shall include repackaging or otherwise changing the container, wrapper, or labeling of any drug package in the furtherance of the distribution of the drug from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer, and the term "manufacturers", "compounders", and "processors" shall be deemed to refer to persons engaged in those defined activities; (7) "Person" includes individual, partnership, corporation, and association; and (8) "Practitioner" means a physician, dentist, veterinarian, or other person licensed in this state to prescribe or administer drugs which are subject to this subchapter. Amended by Act 2019, No. 315,§ 2227, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2226, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 67, eff. 7/24/2019. Acts 1967, No. 492, § 2; A.S.A. 1947, § 82-2102.

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

(1) [Repealed.]

(2) "Counterfeit drug" means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug and which thereby falsely purports, or is represented to be the product of, or to have been packed or distributed by, another drug manufacturer, processor, packer, or distributor;

(3) "Depressant or stimulant drug" means: (A) Any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated under section 502(d) of the Federal Food, Drug, and Cosmetic Act, as presently in force and effect, as habit-forming and such other derivatives as the State Board of Health shall define as habit-forming, provided that in formulating these definitions, the board shall take into consideration the provisions of the Federal Food, Drug, and Cosmetic Act as it exists from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act, insofar as is possible under the standards established in this subchapter and under the policy of it; (B) Any drug which contains any quantity of: (i) Amphetamine or any of its optical isomers; (ii) Any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) Any substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as habit-forming because of its stimulant effect on the central nervous system. In formulating these rules, the board shall take into consideration the regulations promulgated from time to time under the Federal Food, Drug, and Cosmetic Act and shall amend the rules so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act; or (C) Any drug which contains any quantity of a substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect, provided that the board in formulating its rules shall take into consideration all regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act and shall amend its rules so as to keep them in harmony with the regulations prescribed by the Federal Food, Drug, and Cosmetic Act;

(A) Any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated under section 502(d) of the Federal Food, Drug, and Cosmetic Act, as presently in force and effect, as habit-forming and such other derivatives as the State Board of Health shall define as habit-forming, provided that in formulating these definitions, the board shall take into consideration the provisions of the Federal Food, Drug, and Cosmetic Act as it exists from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act, insofar as is possible under the standards established in this subchapter and under the policy of it;

(B) Any drug which contains any quantity of: (i) Amphetamine or any of its optical isomers; (ii) Any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) Any substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as habit-forming because of its stimulant effect on the central nervous system. In formulating these rules, the board shall take into consideration the regulations promulgated from time to time under the Federal Food, Drug, and Cosmetic Act and shall amend the rules so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act; or

(i) Amphetamine or any of its optical isomers;

(ii) Any salt of amphetamine or any salt of an optical isomer of amphetamine; or

(iii) Any substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as habit-forming because of its stimulant effect on the central nervous system. In formulating these rules, the board shall take into consideration the regulations promulgated from time to time under the Federal Food, Drug, and Cosmetic Act and shall amend the rules so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act; or

(C) Any drug which contains any quantity of a substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect, provided that the board in formulating its rules shall take into consideration all regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act and shall amend its rules so as to keep them in harmony with the regulations prescribed by the Federal Food, Drug, and Cosmetic Act;

(4) "Drug" means articles recognized in the official United States Pharmacopoeia, or official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, but does not include devices or their components, parts, or accessories;

(5) "Federal act" designates the Federal Food, Drug, and Cosmetic Act, which was in effect on June 30, 1967, and all amendments thereto;

(6) "Manufacture", "compound", or "process" shall include repackaging or otherwise changing the container, wrapper, or labeling of any drug package in the furtherance of the distribution of the drug from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer, and the term "manufacturers", "compounders", and "processors" shall be deemed to refer to persons engaged in those defined activities;

(7) "Person" includes individual, partnership, corporation, and association; and

(8) "Practitioner" means a physician, dentist, veterinarian, or other person licensed in this state to prescribe or administer drugs which are subject to this subchapter.

Amended by Act 2019, No. 315,§ 2227, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2226, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 67, eff. 7/24/2019.

Acts 1967, No. 492, § 2; A.S.A. 1947, § 82-2102.
Ark. Code Ann. § 20-16-1004 — AR Code / Title 20 / Chapter 16 / Subchapter 10 / Section 20-16-1004
No right of action
Status: in_force

This subchapter does not create a private right of action. Acts 2003, No. 607, § 1.

This subchapter does not create a private right of action.

Acts 2003, No. 607, § 1.
Ark. Code Ann. § 20-18-201 — AR Code / Title 20 / Chapter 18 / Subchapter 2 / Section 20-18-201
Division of Vital Records
Status: in_force

(a) There is established in the Department of Health a Division of Vital Records which shall install, maintain, and operate the only system of vital statistics throughout this state. (b) The division shall be provided with sufficient staff, suitable offices, and other resources for the proper administration of the statewide system of vital statistics and for the preservation and security of its official records. Acts 1981, No. 120, § 2; A.S.A. 1947, § 82-502; Acts 1995, No. 1254, § 5.

(a) There is established in the Department of Health a Division of Vital Records which shall install, maintain, and operate the only system of vital statistics throughout this state.

(b) The division shall be provided with sufficient staff, suitable offices, and other resources for the proper administration of the statewide system of vital statistics and for the preservation and security of its official records.

Acts 1981, No. 120, § 2; A.S.A. 1947, § 82-502; Acts 1995, No. 1254, § 5.
Ark. Code Ann. § 20-48-413 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-413
Emotionally disturbed individuals with co-occurring intellectual disabilities and behavioral health disabling conditions
Status: in_force

(a) The Board of Developmental Disabilities Services may establish and operate an appropriate facility at such location in the state as it shall determine for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditions, and individuals with disorganized behavior, including hyperkinetic, hyperactive, or aggressive behaviors who function as individuals with co-occurring intellectual disabilities and behavioral health disabling conditions. (b) The board may make rules regarding eligibility for admission to the facility, care and treatment of the individuals, discharge from and return to the facility, charges for the maintenance, care, and training of individuals admitted to the facility, and such other matters as the board shall deem necessary to carry out the most effective program for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditions of this state. Amended by Act 2019, No. 315,§ 2154, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 29, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 64, eff. 7/24/2019. Acts 1969, No. 72, §§ 1, 2; A.S.A. 1947, §§ 59-1132, 59-1133.

(a) The Board of Developmental Disabilities Services may establish and operate an appropriate facility at such location in the state as it shall determine for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditions, and individuals with disorganized behavior, including hyperkinetic, hyperactive, or aggressive behaviors who function as individuals with co-occurring intellectual disabilities and behavioral health disabling conditions.

(b) The board may make rules regarding eligibility for admission to the facility, care and treatment of the individuals, discharge from and return to the facility, charges for the maintenance, care, and training of individuals admitted to the facility, and such other matters as the board shall deem necessary to carry out the most effective program for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditions of this state.

Amended by Act 2019, No. 315,§ 2154, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 29, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 64, eff. 7/24/2019.

Acts 1969, No. 72, §§ 1, 2; A.S.A. 1947, §§ 59-1132, 59-1133.
Ark. Code Ann. § 20-22-613 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-613
Actions
Status: in_force

(a) No portable fire extinguisher or fixed fire protection system may be sold or installed in this state unless it carries a label of approval of a nationally recognized testing laboratory approved by the Arkansas Fire Protection Licensing Board. (b) No soda acid or foam acid type fire extinguisher shall be sold or offered for sale in this state. (c) Every person or firm servicing any portable fire extinguisher in this state shall service the portable fire extinguisher under the standards and procedures prescribed in the rules of the board. (d) Every person installing or servicing a portable fire extinguisher, a fixed fire protection system, or a fire protection sprinkler system in this state shall affix a tag thereto showing the name of the person and firm selling, installing, or servicing the portable fire extinguisher, fixed fire protection system, or fire protection sprinkler system and the date of the installation or service. (e) The sale, servicing, or recharging of carbon tetrachloride fire extinguishers in this state is prohibited. (f) Except as provided in § 20-22-603 , only the holder of a current and valid license or an apprentice permit issued under this subchapter may service portable fire extinguishers, install and maintain fixed fire protection systems, or install or maintain fire protection sprinkler systems. (g) A person who has been issued a license or permit under this subchapter to service portable fire extinguishers, install or service fixed fire protection systems, or install and service fire protection sprinkler systems shall be an employee, agent, or servant of a firm that holds a current and valid certificate of registration issued under this subchapter. (h) Installation and servicing of fixed fire protection systems shall be accomplished under the rules of the board. (i) Installation and servicing of fire protection sprinkler systems shall be accomplished in accordance with the rules of the board. (j) (1) Any fire protection sprinkler system that was installed before September 1, 1985, shall be serviced, maintained, inspected, and repaired under current rules of the board. (2) Any fixed fire protection system that was installed before January 1, 1979, shall be serviced, maintained, inspected, and repaired under current rules of the board. Amended by Act 2013, No. 1132,§ 21, eff. 8/16/2013. Amended by Act 2013, No. 1132,§ 20, eff. 8/16/2013. Acts 1977, No. 743, § 8; 1979, No. 862, § 3; 1983, No. 782, §§ 8-10; 1985, No. 702, § 7; A.S.A. 1947, § 82-839; Acts 1987, No. 532, § 4; 2009, No. 422, § 13 [12].

(a) No portable fire extinguisher or fixed fire protection system may be sold or installed in this state unless it carries a label of approval of a nationally recognized testing laboratory approved by the Arkansas Fire Protection Licensing Board.

(b) No soda acid or foam acid type fire extinguisher shall be sold or offered for sale in this state.

(c) Every person or firm servicing any portable fire extinguisher in this state shall service the portable fire extinguisher under the standards and procedures prescribed in the rules of the board.

(d) Every person installing or servicing a portable fire extinguisher, a fixed fire protection system, or a fire protection sprinkler system in this state shall affix a tag thereto showing the name of the person and firm selling, installing, or servicing the portable fire extinguisher, fixed fire protection system, or fire protection sprinkler system and the date of the installation or service.

(e) The sale, servicing, or recharging of carbon tetrachloride fire extinguishers in this state is prohibited.

(f) Except as provided in § 20-22-603 , only the holder of a current and valid license or an apprentice permit issued under this subchapter may service portable fire extinguishers, install and maintain fixed fire protection systems, or install or maintain fire protection sprinkler systems.

(g) A person who has been issued a license or permit under this subchapter to service portable fire extinguishers, install or service fixed fire protection systems, or install and service fire protection sprinkler systems shall be an employee, agent, or servant of a firm that holds a current and valid certificate of registration issued under this subchapter.

(h) Installation and servicing of fixed fire protection systems shall be accomplished under the rules of the board.

(i) Installation and servicing of fire protection sprinkler systems shall be accomplished in accordance with the rules of the board.

(j) (1) Any fire protection sprinkler system that was installed before September 1, 1985, shall be serviced, maintained, inspected, and repaired under current rules of the board. (2) Any fixed fire protection system that was installed before January 1, 1979, shall be serviced, maintained, inspected, and repaired under current rules of the board.

(1) Any fire protection sprinkler system that was installed before September 1, 1985, shall be serviced, maintained, inspected, and repaired under current rules of the board.

(2) Any fixed fire protection system that was installed before January 1, 1979, shall be serviced, maintained, inspected, and repaired under current rules of the board.

Amended by Act 2013, No. 1132,§ 21, eff. 8/16/2013.

Amended by Act 2013, No. 1132,§ 20, eff. 8/16/2013.

Acts 1977, No. 743, § 8; 1979, No. 862, § 3; 1983, No. 782, §§ 8-10; 1985, No. 702, § 7; A.S.A. 1947, § 82-839; Acts 1987, No. 532, § 4; 2009, No. 422, § 13 [12].
Ark. Code Ann. § 20-48-502 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-502
Authority to acquire properties
Status: in_force

(a) The Board of Developmental Disabilities Services, established and existing pursuant to the provisions of § 20-48-401 et seq., is authorized to own, acquire, construct, reconstruct, extend, equip, improve, maintain, operate, lease, contract concerning, or otherwise deal in and with any lands, improvements, buildings, furniture, furnishings, machinery, and personal property of any and every nature whatever, sometimes called "properties", that can be used by the board for the accomplishment of, or in connection with the accomplishment of, any of the purposes and powers of the board and of the human development centers as specified by and set forth in § 20-48-401 et seq., or as specified by this subchapter or by any constitutional provision or act. (b) The properties may be located on or near the present operation of the Conway Human Development Center or at any other location in the State of Arkansas where the board shall undertake operations to discharge its purposes and powers. Acts 1963, No. 186, § 1; A.S.A. 1947, § 59-1117.

(a) The Board of Developmental Disabilities Services, established and existing pursuant to the provisions of § 20-48-401 et seq., is authorized to own, acquire, construct, reconstruct, extend, equip, improve, maintain, operate, lease, contract concerning, or otherwise deal in and with any lands, improvements, buildings, furniture, furnishings, machinery, and personal property of any and every nature whatever, sometimes called "properties", that can be used by the board for the accomplishment of, or in connection with the accomplishment of, any of the purposes and powers of the board and of the human development centers as specified by and set forth in § 20-48-401 et seq., or as specified by this subchapter or by any constitutional provision or act.

(b) The properties may be located on or near the present operation of the Conway Human Development Center or at any other location in the State of Arkansas where the board shall undertake operations to discharge its purposes and powers.

Acts 1963, No. 186, § 1; A.S.A. 1947, § 59-1117.
Ark. Code Ann. § 20-14-210 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-210
Gifts, grants, and donations
Status: in_force

(a) The Governor's Commission on People with Disabilities may receive any gifts, grants, or donations made for any of the purposes of its program. (b) The commission may disburse and administer the gifts, grants, and donations in accordance with the conditions established by the commission. Amended by Act 2023, No. 365,§ 61, eff. 7/1/2023. Acts 1985, No. 911, § 12; A.S.A. 1947, § 82-2918.

(a) The Governor's Commission on People with Disabilities may receive any gifts, grants, or donations made for any of the purposes of its program.

(b) The commission may disburse and administer the gifts, grants, and donations in accordance with the conditions established by the commission.

Amended by Act 2023, No. 365,§ 61, eff. 7/1/2023.

Acts 1985, No. 911, § 12; A.S.A. 1947, § 82-2918.
Ark. Code Ann. § 20-77-1105 — AR Code / Title 20 / Chapter 77 / Subchapter 11 / Section 20-77-1105
Funding
Status: in_force

(a) Funding for the uninsured children's program shall be derived from funds as may be provided by the General Assembly, copayments, and any federal matching funds available to the program. (b) It is further the intent of this subchapter that funds appropriated by the General Assembly for the purpose of funding the uninsured children's program be used where appropriate and practical to match federal funding sources to enhance the total available funding for the operation of the uninsured children's program. (c) The ARKids First Program shall operate only if funds are available for its operation. Acts 1999, No. 849, § 5.

(a) Funding for the uninsured children's program shall be derived from funds as may be provided by the General Assembly, copayments, and any federal matching funds available to the program.

(b) It is further the intent of this subchapter that funds appropriated by the General Assembly for the purpose of funding the uninsured children's program be used where appropriate and practical to match federal funding sources to enhance the total available funding for the operation of the uninsured children's program.

(c) The ARKids First Program shall operate only if funds are available for its operation.

Acts 1999, No. 849, § 5.
Ark. Code Ann. § 20-60-208 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-208
Application for license or exemption
Status: in_force

(a) (1) Applications for inspection or licensure exemption shall be made on forms provided by the Secretary of the Department of Agriculture. (2) An application fee shall be submitted with the application. (b) A license shall be good for one (1) year, or any quarter of a year, expiring on December 31 of the year the license is issued. (c) An applicant for a license under this subchapter shall submit an application for a license for each official establishment owned by the applicant. (d) Before any license is issued, an inspection shall be made by the secretary to determine the acceptability of the official establishment to do business as desired by the applicant in the applicant's application for license or exemption. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 910,§ 5077, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5076, eff. 7/1/2019. Acts 1967, No. 320, § 8; A.S.A. 1947, § 82-2008.

(a) (1) Applications for inspection or licensure exemption shall be made on forms provided by the Secretary of the Department of Agriculture. (2) An application fee shall be submitted with the application.

(1) Applications for inspection or licensure exemption shall be made on forms provided by the Secretary of the Department of Agriculture.

(2) An application fee shall be submitted with the application.

(b) A license shall be good for one (1) year, or any quarter of a year, expiring on December 31 of the year the license is issued.

(c) An applicant for a license under this subchapter shall submit an application for a license for each official establishment owned by the applicant.

(d) Before any license is issued, an inspection shall be made by the secretary to determine the acceptability of the official establishment to do business as desired by the applicant in the applicant's application for license or exemption.

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

Amended by Act 2019, No. 910,§ 5077, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5076, eff. 7/1/2019.

Acts 1967, No. 320, § 8; A.S.A. 1947, § 82-2008.
Ark. Code Ann. § 20-47-207 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-207
Involuntary admission - Original petition
Status: in_force

(a) Written Petition - Venue. Any person having reason to believe that a person meets the criteria for involuntary admission as defined in subsection (c) of this section may file a verified petition with the circuit clerk of the county in which the person alleged to have mental illness resides or is detained. (b) Contents of Petition. The petition for involuntary admission shall: (1) State whether the person is believed to be of danger to himself or herself or others as defined in subsection (c) of this section; (2) Describe the conduct, clinical signs, and symptoms upon which the petition is based. The description shall be limited to facts within the petitioner's personal knowledge; (3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and (4) Contain a specific prayer for involuntary admission of the person to a hospital or to a receiving facility or program for treatment pursuant to § 20-47-218(c) . (c) Involuntary Admission Criteria. (1) A person shall be eligible for involuntary admission if he or she is in such a mental condition as a result of mental illness, disease, or disorder that he or she poses a clear and present danger to himself or herself or others. (2) As used in this subsection, "a clear and present danger to himself or herself" is established by demonstrating that: (A) The person has inflicted serious bodily injury on himself or herself or has attempted suicide or serious self-injury, and there is a reasonable probability that the conduct will be repeated if admission is not ordered; (B) The person has threatened to inflict serious bodily injury on himself or herself, and there is a reasonable probability that the conduct will occur if admission is not ordered; or (C) The person's recent behavior or behavior history demonstrates that he or she so lacks the capacity to care for his or her own welfare that there is a reasonable probability of death, serious bodily injury, or serious physical or mental debilitation if admission is not ordered; or (D) (i) The person's understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily; (ii) The person needs mental health treatment on a continuing basis to prevent a relapse or harmful deterioration of his or her condition; and (iii) The person's noncompliance with treatment has been a factor in the individual's placement in a psychiatric hospital, prison, or jail at least two (2) times within the last forty-eight (48) months or has been a factor in the individual's committing one (1) or more acts, attempts, or threats of serious violent behavior within the last forty-eight (48) months. (3) As used in this subsection, "a clear and present danger to others" is established by demonstrating that the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another, and there is a reasonable probability that the conduct will occur if admission is not ordered. Acts 1989, No. 861, §§ 1, 4; 2003, No. 1789, § 2; 2007, No. 1416, § 1; 2009, No. 680, § 1.

(a) Written Petition - Venue. Any person having reason to believe that a person meets the criteria for involuntary admission as defined in subsection (c) of this section may file a verified petition with the circuit clerk of the county in which the person alleged to have mental illness resides or is detained.

(b) Contents of Petition. The petition for involuntary admission shall: (1) State whether the person is believed to be of danger to himself or herself or others as defined in subsection (c) of this section; (2) Describe the conduct, clinical signs, and symptoms upon which the petition is based. The description shall be limited to facts within the petitioner's personal knowledge; (3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and (4) Contain a specific prayer for involuntary admission of the person to a hospital or to a receiving facility or program for treatment pursuant to § 20-47-218(c) .

(1) State whether the person is believed to be of danger to himself or herself or others as defined in subsection (c) of this section;

(2) Describe the conduct, clinical signs, and symptoms upon which the petition is based. The description shall be limited to facts within the petitioner's personal knowledge;

(3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and

(4) Contain a specific prayer for involuntary admission of the person to a hospital or to a receiving facility or program for treatment pursuant to § 20-47-218(c) .

(c) Involuntary Admission Criteria. (1) A person shall be eligible for involuntary admission if he or she is in such a mental condition as a result of mental illness, disease, or disorder that he or she poses a clear and present danger to himself or herself or others. (2) As used in this subsection, "a clear and present danger to himself or herself" is established by demonstrating that: (A) The person has inflicted serious bodily injury on himself or herself or has attempted suicide or serious self-injury, and there is a reasonable probability that the conduct will be repeated if admission is not ordered; (B) The person has threatened to inflict serious bodily injury on himself or herself, and there is a reasonable probability that the conduct will occur if admission is not ordered; or (C) The person's recent behavior or behavior history demonstrates that he or she so lacks the capacity to care for his or her own welfare that there is a reasonable probability of death, serious bodily injury, or serious physical or mental debilitation if admission is not ordered; or (D) (i) The person's understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily; (ii) The person needs mental health treatment on a continuing basis to prevent a relapse or harmful deterioration of his or her condition; and (iii) The person's noncompliance with treatment has been a factor in the individual's placement in a psychiatric hospital, prison, or jail at least two (2) times within the last forty-eight (48) months or has been a factor in the individual's committing one (1) or more acts, attempts, or threats of serious violent behavior within the last forty-eight (48) months. (3) As used in this subsection, "a clear and present danger to others" is established by demonstrating that the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another, and there is a reasonable probability that the conduct will occur if admission is not ordered.

(1) A person shall be eligible for involuntary admission if he or she is in such a mental condition as a result of mental illness, disease, or disorder that he or she poses a clear and present danger to himself or herself or others.

(2) As used in this subsection, "a clear and present danger to himself or herself" is established by demonstrating that: (A) The person has inflicted serious bodily injury on himself or herself or has attempted suicide or serious self-injury, and there is a reasonable probability that the conduct will be repeated if admission is not ordered; (B) The person has threatened to inflict serious bodily injury on himself or herself, and there is a reasonable probability that the conduct will occur if admission is not ordered; or (C) The person's recent behavior or behavior history demonstrates that he or she so lacks the capacity to care for his or her own welfare that there is a reasonable probability of death, serious bodily injury, or serious physical or mental debilitation if admission is not ordered; or (D) (i) The person's understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily; (ii) The person needs mental health treatment on a continuing basis to prevent a relapse or harmful deterioration of his or her condition; and (iii) The person's noncompliance with treatment has been a factor in the individual's placement in a psychiatric hospital, prison, or jail at least two (2) times within the last forty-eight (48) months or has been a factor in the individual's committing one (1) or more acts, attempts, or threats of serious violent behavior within the last forty-eight (48) months.

(A) The person has inflicted serious bodily injury on himself or herself or has attempted suicide or serious self-injury, and there is a reasonable probability that the conduct will be repeated if admission is not ordered;

(B) The person has threatened to inflict serious bodily injury on himself or herself, and there is a reasonable probability that the conduct will occur if admission is not ordered; or

(C) The person's recent behavior or behavior history demonstrates that he or she so lacks the capacity to care for his or her own welfare that there is a reasonable probability of death, serious bodily injury, or serious physical or mental debilitation if admission is not ordered; or

(D) (i) The person's understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily; (ii) The person needs mental health treatment on a continuing basis to prevent a relapse or harmful deterioration of his or her condition; and (iii) The person's noncompliance with treatment has been a factor in the individual's placement in a psychiatric hospital, prison, or jail at least two (2) times within the last forty-eight (48) months or has been a factor in the individual's committing one (1) or more acts, attempts, or threats of serious violent behavior within the last forty-eight (48) months.

(i) The person's understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily;

(ii) The person needs mental health treatment on a continuing basis to prevent a relapse or harmful deterioration of his or her condition; and

(iii) The person's noncompliance with treatment has been a factor in the individual's placement in a psychiatric hospital, prison, or jail at least two (2) times within the last forty-eight (48) months or has been a factor in the individual's committing one (1) or more acts, attempts, or threats of serious violent behavior within the last forty-eight (48) months.

(3) As used in this subsection, "a clear and present danger to others" is established by demonstrating that the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another, and there is a reasonable probability that the conduct will occur if admission is not ordered.

Acts 1989, No. 861, §§ 1, 4; 2003, No. 1789, § 2; 2007, No. 1416, § 1; 2009, No. 680, § 1.
Ark. Code Ann. § 20-19-103 — AR Code / Title 20 / Chapter 19 / Subchapter 1 / Section 20-19-103
Sterilization of impounded dogs and cats
Status: in_force

(a) It shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release any dog or cat which has not been sterilized to a new owner except as provided in subsection (b) of this section. (b) (1) In any county in the state, it shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release to a new owner any dog or cat over three (3) months of age which has not been sterilized except as provided in subdivision (b)(2) of this section. (2) (A) An animal which in the opinion of a veterinarian licensed to practice veterinary medicine in the State of Arkansas is medically compromised to the extent that it cannot withstand immediate sterilization may be temporarily released pursuant to a foster care agreement until such time as it can safely be sterilized or until two (2) veterinarians licensed to practice veterinary medicine in the State of Arkansas certify that it is unlikely that the animal will ever recover to the extent that it can be safely sterilized. (B) (i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding. (ii) An owner who violates the agreement shall be subject to the penalties set forth in subsection (c) of this section. (c) Violations of this section are declared to be misdemeanors punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Acts 1981, No. 869, §§ 1, 2; A.S.A. 1947, §§ 78-214, 78-215; Acts 1995, No. 839, § 1; 1999, No. 488, § 2; 2011, No. 994, § 1.

(a) It shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release any dog or cat which has not been sterilized to a new owner except as provided in subsection (b) of this section.

(b) (1) In any county in the state, it shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release to a new owner any dog or cat over three (3) months of age which has not been sterilized except as provided in subdivision (b)(2) of this section. (2) (A) An animal which in the opinion of a veterinarian licensed to practice veterinary medicine in the State of Arkansas is medically compromised to the extent that it cannot withstand immediate sterilization may be temporarily released pursuant to a foster care agreement until such time as it can safely be sterilized or until two (2) veterinarians licensed to practice veterinary medicine in the State of Arkansas certify that it is unlikely that the animal will ever recover to the extent that it can be safely sterilized. (B) (i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding. (ii) An owner who violates the agreement shall be subject to the penalties set forth in subsection (c) of this section.

(1) In any county in the state, it shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release to a new owner any dog or cat over three (3) months of age which has not been sterilized except as provided in subdivision (b)(2) of this section.

(2) (A) An animal which in the opinion of a veterinarian licensed to practice veterinary medicine in the State of Arkansas is medically compromised to the extent that it cannot withstand immediate sterilization may be temporarily released pursuant to a foster care agreement until such time as it can safely be sterilized or until two (2) veterinarians licensed to practice veterinary medicine in the State of Arkansas certify that it is unlikely that the animal will ever recover to the extent that it can be safely sterilized. (B) (i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding. (ii) An owner who violates the agreement shall be subject to the penalties set forth in subsection (c) of this section.

(A) An animal which in the opinion of a veterinarian licensed to practice veterinary medicine in the State of Arkansas is medically compromised to the extent that it cannot withstand immediate sterilization may be temporarily released pursuant to a foster care agreement until such time as it can safely be sterilized or until two (2) veterinarians licensed to practice veterinary medicine in the State of Arkansas certify that it is unlikely that the animal will ever recover to the extent that it can be safely sterilized.

(B) (i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding. (ii) An owner who violates the agreement shall be subject to the penalties set forth in subsection (c) of this section.

(i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding.

(ii) An owner who violates the agreement shall be subject to the penalties set forth in subsection (c) of this section.

(c) Violations of this section are declared to be misdemeanors punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Acts 1981, No. 869, §§ 1, 2; A.S.A. 1947, §§ 78-214, 78-215; Acts 1995, No. 839, § 1; 1999, No. 488, § 2; 2011, No. 994, § 1.
Ark. Code Ann. § 20-76-212 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-212
Reimbursement rate to providers - Arkansas Medicaid Program
Status: in_force

Notwithstanding any other provision in federal law or departmental commitment which may exist to the contrary, the Department of Human Services shall not increase any reimbursement rate to any provider or provider groups supported in whole or in part by funds administered by the department, nor shall it adopt any other rule or amendment to the Arkansas Medicaid Program that would result in an obligation of the general revenues of the state without first seeking and receiving the approval of the Governor and the Chief Fiscal Officer of the State. Amended by Act 2019, No. 315,§ 2242, eff. 7/24/2019. Acts 1992 (2nd Ex. Sess.), No. 3, § 3.

Notwithstanding any other provision in federal law or departmental commitment which may exist to the contrary, the Department of Human Services shall not increase any reimbursement rate to any provider or provider groups supported in whole or in part by funds administered by the department, nor shall it adopt any other rule or amendment to the Arkansas Medicaid Program that would result in an obligation of the general revenues of the state without first seeking and receiving the approval of the Governor and the Chief Fiscal Officer of the State.

Amended by Act 2019, No. 315,§ 2242, eff. 7/24/2019.

Acts 1992 (2nd Ex. Sess.), No. 3, § 3.
Ark. Code Ann. § 20-59-230 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-230
Unlawful acts - Mold or sediment test
Status: in_force

It shall be unlawful to purchase raw cream or milk without applying a mold or sediment test, monthly or more often if necessary, to each patron's cream or milk, whether purchased by truck route, cream station, direct shipment, or delivered directly to a dairy products plant. Acts 1941, No. 114, § 3; A.S.A 1947, § 82-914.

It shall be unlawful to purchase raw cream or milk without applying a mold or sediment test, monthly or more often if necessary, to each patron's cream or milk, whether purchased by truck route, cream station, direct shipment, or delivered directly to a dairy products plant.

Acts 1941, No. 114, § 3; A.S.A 1947, § 82-914.
Ark. Code Ann. § 20-21-208 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-208
State Radiation Control Agency - Powers and duties - Ionizing radiation
Status: in_force

(a) The State Radiation Control Agency may require registration or licensing of other sources of ionizing radiation. (b) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this subchapter when the agency finds that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public or to the environment. Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.

(a) The State Radiation Control Agency may require registration or licensing of other sources of ionizing radiation.

(b) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this subchapter when the agency finds that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public or to the environment.

Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.
Ark. Code Ann. § 20-76-113 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-113
Promoting outcomes for the Transitional Employment Assistance Program and the Arkansas Work Pays Program
Status: in_force

(a) The administration of the Transitional Employment Assistance Program and the Arkansas Work Pays Program shall focus on promoting the following Transitional Employment Assistance Program outcomes for Transitional Employment Assistance Program recipients and poor families in Arkansas: (1) Increase the percentage of families who receive appropriate services to move off of Transitional Employment Assistance Program cash assistance into employment and toward self-sufficiency; (2) Increase the percentage of families who leave Transitional Employment Assistance Program cash assistance due to earnings from work; (3) Increase earnings of families who leave Transitional Employment Assistance Program cash assistance; (4) Increase the percentage of parents leaving Transitional Employment Assistance Program cash assistance who stay employed; and (5) Increase the percentage of former Transitional Employment Assistance Program cash assistance recipients who move out of poverty, including the value of food stamps and the federal Earned Income Tax Credit and child support. (b) The Department of Human Services shall develop and maintain the indicators for the Transitional Employment Assistance Program outcomes listed in subdivisions (a)(1)-(5) of this section, subject to review and approval by the Arkansas Workforce Development Board. (c) (1) The department shall develop proper targets for each Transitional Employment Assistance Program outcome by July 1 of each year, subject to review and approval by the board. (2) The department shall review and report on progress in achieving the targets in the comprehensive annual program report. (3) (A) On the forty-fifth day after the end of the federal fiscal year, the report shall be submitted to the Governor and to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor. (B) The report shall include comments from other relevant state agencies about their activities and their progress toward the Transitional Employment Assistance Program outcome targets. Amended by Act 2023, No. 832,§ 8, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 508, eff. 7/1/2019. Amended by Act 2015, No. 907,§ 10, eff. 7/1/2015. Amended by Act 2013, No. 1132,§ 42, eff. 8/16/2013. Acts 2007, No. 514, § 7; 2011, No. 817, § 2.

(a) The administration of the Transitional Employment Assistance Program and the Arkansas Work Pays Program shall focus on promoting the following Transitional Employment Assistance Program outcomes for Transitional Employment Assistance Program recipients and poor families in Arkansas: (1) Increase the percentage of families who receive appropriate services to move off of Transitional Employment Assistance Program cash assistance into employment and toward self-sufficiency; (2) Increase the percentage of families who leave Transitional Employment Assistance Program cash assistance due to earnings from work; (3) Increase earnings of families who leave Transitional Employment Assistance Program cash assistance; (4) Increase the percentage of parents leaving Transitional Employment Assistance Program cash assistance who stay employed; and (5) Increase the percentage of former Transitional Employment Assistance Program cash assistance recipients who move out of poverty, including the value of food stamps and the federal Earned Income Tax Credit and child support.

(1) Increase the percentage of families who receive appropriate services to move off of Transitional Employment Assistance Program cash assistance into employment and toward self-sufficiency;

(2) Increase the percentage of families who leave Transitional Employment Assistance Program cash assistance due to earnings from work;

(3) Increase earnings of families who leave Transitional Employment Assistance Program cash assistance;

(4) Increase the percentage of parents leaving Transitional Employment Assistance Program cash assistance who stay employed; and

(5) Increase the percentage of former Transitional Employment Assistance Program cash assistance recipients who move out of poverty, including the value of food stamps and the federal Earned Income Tax Credit and child support.

(b) The Department of Human Services shall develop and maintain the indicators for the Transitional Employment Assistance Program outcomes listed in subdivisions (a)(1)-(5) of this section, subject to review and approval by the Arkansas Workforce Development Board.

(c) (1) The department shall develop proper targets for each Transitional Employment Assistance Program outcome by July 1 of each year, subject to review and approval by the board. (2) The department shall review and report on progress in achieving the targets in the comprehensive annual program report. (3) (A) On the forty-fifth day after the end of the federal fiscal year, the report shall be submitted to the Governor and to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor. (B) The report shall include comments from other relevant state agencies about their activities and their progress toward the Transitional Employment Assistance Program outcome targets.

(1) The department shall develop proper targets for each Transitional Employment Assistance Program outcome by July 1 of each year, subject to review and approval by the board.

(2) The department shall review and report on progress in achieving the targets in the comprehensive annual program report.

(3) (A) On the forty-fifth day after the end of the federal fiscal year, the report shall be submitted to the Governor and to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor. (B) The report shall include comments from other relevant state agencies about their activities and their progress toward the Transitional Employment Assistance Program outcome targets.

(A) On the forty-fifth day after the end of the federal fiscal year, the report shall be submitted to the Governor and to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.

(B) The report shall include comments from other relevant state agencies about their activities and their progress toward the Transitional Employment Assistance Program outcome targets.

Amended by Act 2023, No. 832,§ 8, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 508, eff. 7/1/2019.

Amended by Act 2015, No. 907,§ 10, eff. 7/1/2015.

Amended by Act 2013, No. 1132,§ 42, eff. 8/16/2013.

Acts 2007, No. 514, § 7; 2011, No. 817, § 2.
Ark. Code Ann. § 20-48-204 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-204
Board of Developmental Disabilities Services - Officers - Proceedings
Status: in_force

(a) The Board of Developmental Disabilities Services shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor shall be chosen. The chair shall preside at meetings of the board, and in his or her absence, the vice chair shall preside. (b) The board is authorized to designate the commissioner or some employee of the Division of Developmental Disabilities Services to serve as disbursing officer of all funds of the division. (c) The board shall meet at least one (1) time each three (3) months and at such other times as the chair may deem advisable. (d) The board shall report biennially to the Governor and General Assembly. (e) The affirmative vote of four (4) members of the board shall be necessary to take any board action. Acts 1969, No. 265, § 5; A.S.A. 1947, § 59-1005.

(a) The Board of Developmental Disabilities Services shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor shall be chosen. The chair shall preside at meetings of the board, and in his or her absence, the vice chair shall preside.

(b) The board is authorized to designate the commissioner or some employee of the Division of Developmental Disabilities Services to serve as disbursing officer of all funds of the division.

(c) The board shall meet at least one (1) time each three (3) months and at such other times as the chair may deem advisable.

(d) The board shall report biennially to the Governor and General Assembly.

(e) The affirmative vote of four (4) members of the board shall be necessary to take any board action.

Acts 1969, No. 265, § 5; A.S.A. 1947, § 59-1005.
Ark. Code Ann. § 20-14-1001 — AR Code / Title 20 / Chapter 14 / Subchapter 10 / Section 20-14-1001
Definitions
Status: in_force

As used in this subchapter: (1) "Emotional support animal" means an animal that: (A) Provides emotional, cognitive, or other similar support to an individual with a disability; and (B) Does not need to be trained or certified; (2) "Emotional support dog" means a dog that: (A) Provides emotional, cognitive, or other similar support to an individual with a disability; and (B) Does not need to be trained or certified; (3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and (4) "Service animal" means an animal as defined in 28 C.F.R. § 36.104 , as it existed on January 1, 2023. Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Emotional support animal" means an animal that: (A) Provides emotional, cognitive, or other similar support to an individual with a disability; and (B) Does not need to be trained or certified;

(A) Provides emotional, cognitive, or other similar support to an individual with a disability; and

(B) Does not need to be trained or certified;

(2) "Emotional support dog" means a dog that: (A) Provides emotional, cognitive, or other similar support to an individual with a disability; and (B) Does not need to be trained or certified;

(A) Provides emotional, cognitive, or other similar support to an individual with a disability; and

(B) Does not need to be trained or certified;

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

(4) "Service animal" means an animal as defined in 28 C.F.R. § 36.104 , as it existed on January 1, 2023.

Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-10-1702 — AR Code / Title 20 / Chapter 10 / Subchapter 17 / Section 20-10-1702
Purpose and intent
Status: in_force

(a) The purpose of this subchapter is to: (1) Promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment; (2) Encourage the development of facilities that promote the dignity, individuality, privacy, and decision-making ability of those persons; (3) Provide for the health, safety, and welfare of residents of facilities offering assisted living services in the state; (4) Promote continued improvement of those facilities; (5) Include residential care facilities in the assisted living program; and (6) Encourage the development of innovative and affordable facilities particularly for persons with low to moderate incomes. (b) The General Assembly recognizes that: (1) Facilities offering assisted living services are a necessary part of the continuum of long-term care in the State of Arkansas; (2) Facilities offering assisted living services should be operated and regulated as residential environments with supportive services and not as medical or nursing facilities; (3) The services available in these facilities, either directly or through contract or agreement, are intended to help residents remain as independent as possible; and (4) Residential care facilities have been providing many assisted living services for years and should be allowed to participate in the new assisted living program. Acts 2001, No. 1230, § 2.

(a) The purpose of this subchapter is to: (1) Promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment; (2) Encourage the development of facilities that promote the dignity, individuality, privacy, and decision-making ability of those persons; (3) Provide for the health, safety, and welfare of residents of facilities offering assisted living services in the state; (4) Promote continued improvement of those facilities; (5) Include residential care facilities in the assisted living program; and (6) Encourage the development of innovative and affordable facilities particularly for persons with low to moderate incomes.

(1) Promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment;

(2) Encourage the development of facilities that promote the dignity, individuality, privacy, and decision-making ability of those persons;

(3) Provide for the health, safety, and welfare of residents of facilities offering assisted living services in the state;

(4) Promote continued improvement of those facilities;

(5) Include residential care facilities in the assisted living program; and

(6) Encourage the development of innovative and affordable facilities particularly for persons with low to moderate incomes.

(b) The General Assembly recognizes that: (1) Facilities offering assisted living services are a necessary part of the continuum of long-term care in the State of Arkansas; (2) Facilities offering assisted living services should be operated and regulated as residential environments with supportive services and not as medical or nursing facilities; (3) The services available in these facilities, either directly or through contract or agreement, are intended to help residents remain as independent as possible; and (4) Residential care facilities have been providing many assisted living services for years and should be allowed to participate in the new assisted living program.

(1) Facilities offering assisted living services are a necessary part of the continuum of long-term care in the State of Arkansas;

(2) Facilities offering assisted living services should be operated and regulated as residential environments with supportive services and not as medical or nursing facilities;

(3) The services available in these facilities, either directly or through contract or agreement, are intended to help residents remain as independent as possible; and

(4) Residential care facilities have been providing many assisted living services for years and should be allowed to participate in the new assisted living program.

Acts 2001, No. 1230, § 2.
Ark. Code Ann. § 20-15-2402 — AR Code / Title 20 / Chapter 15 / Subchapter 24 / Section 20-15-2402
Powers and duties
Status: in_force

The Maternal and Perinatal Outcomes Quality Review Committee shall: (1) Create a unified message and strategy that builds on best practices; (2) Develop clear measurements to evaluate targeted outreach, progress, and return on investment; (3) Develop recommendations for levels of care by establishing systems designating where infants are born or transferred according to the level of care they need at birth; (4) Create a system of continuous quality improvement that will include the ability of designated and nondesignated hospitals to compare performance to peer facilities; (5) Create a collaborative framework, in addition to quality improvement for birthing hospitals that will allow for better outcomes, better overall long-term care, and decreased cost of care; and (6) Disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public. Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.

The Maternal and Perinatal Outcomes Quality Review Committee shall:

(1) Create a unified message and strategy that builds on best practices;

(2) Develop clear measurements to evaluate targeted outreach, progress, and return on investment;

(3) Develop recommendations for levels of care by establishing systems designating where infants are born or transferred according to the level of care they need at birth;

(4) Create a system of continuous quality improvement that will include the ability of designated and nondesignated hospitals to compare performance to peer facilities;

(5) Create a collaborative framework, in addition to quality improvement for birthing hospitals that will allow for better outcomes, better overall long-term care, and decreased cost of care; and

(6) Disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public.

Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-7-304 — AR Code / Title 20 / Chapter 7 / Subchapter 3 / Section 20-7-304
Release of health data
Status: in_force

The Secretary of the Department of Health may release data collected under this subchapter, except that data released shall not include any information which identifies or could be used to identify any individual patient, provider, institution, or health plan except as provided in § 20-7-305 . Amended by Act 2019, No. 910,§ 4940, eff. 7/1/2019. Acts 1995, No. 670, § 2.

The Secretary of the Department of Health may release data collected under this subchapter, except that data released shall not include any information which identifies or could be used to identify any individual patient, provider, institution, or health plan except as provided in § 20-7-305 .

Amended by Act 2019, No. 910,§ 4940, eff. 7/1/2019.

Acts 1995, No. 670, § 2.
Ark. Code Ann. § 20-59-240 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-240
Unlawful acts - Labeling ice milk
Status: in_force

(a) It shall be unlawful to sell ice milk unless all containers are conspicuously so labeled. (b) Places where ice milk is sold at retail shall display a conspicuous legible sign containing the words "ICE MILK SOLD HERE" in plain block letters not less than six inches (6") high. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

(a) It shall be unlawful to sell ice milk unless all containers are conspicuously so labeled.

(b) Places where ice milk is sold at retail shall display a conspicuous legible sign containing the words "ICE MILK SOLD HERE" in plain block letters not less than six inches (6") high.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-16-1202 — AR Code / Title 20 / Chapter 16 / Subchapter 12 / Section 20-16-1202
Definitions
Status: in_force

As used in this subchapter: (1) "Partial-birth abortion" means an abortion in which the person performing the abortion: (A) Purposely vaginally delivers a living human fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the female or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the female, for the purpose of performing an overt act that the person knows will kill the partially delivered living human fetus; and (B) Performs the overt act, other than completion of delivery of a living human fetus, that kills the partially delivered living human fetus; and (2) (A) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in this state, or any other individual legally authorized by the state to perform abortions. (B) However, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions but who nevertheless directly performs a partial-birth abortion is subject to this subchapter. Acts 2009, No. 196, § 1.

As used in this subchapter:

(1) "Partial-birth abortion" means an abortion in which the person performing the abortion: (A) Purposely vaginally delivers a living human fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the female or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the female, for the purpose of performing an overt act that the person knows will kill the partially delivered living human fetus; and (B) Performs the overt act, other than completion of delivery of a living human fetus, that kills the partially delivered living human fetus; and

(A) Purposely vaginally delivers a living human fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the female or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the female, for the purpose of performing an overt act that the person knows will kill the partially delivered living human fetus; and

(B) Performs the overt act, other than completion of delivery of a living human fetus, that kills the partially delivered living human fetus; and

(2) (A) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in this state, or any other individual legally authorized by the state to perform abortions. (B) However, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions but who nevertheless directly performs a partial-birth abortion is subject to this subchapter.

(A) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in this state, or any other individual legally authorized by the state to perform abortions.

(B) However, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions but who nevertheless directly performs a partial-birth abortion is subject to this subchapter.

Acts 2009, No. 196, § 1.
Ark. Code Ann. § 20-10-805 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-805
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 41, eff. 8/1/2017. Acts 1987, No. 956, § 8.

Repealed by Act 2017, No. 540,§ 41, eff. 8/1/2017.

Acts 1987, No. 956, § 8.
Ark. Code Ann. § 20-16-706 — AR Code / Title 20 / Chapter 16 / Subchapter 7 / Section 20-16-706
Method or technique required
Status: in_force

(a) Any physician who performs an abortion upon a woman carrying a viable fetus shall utilize the available method or technique of abortion most likely to preserve the life and health of the viable fetus. (b) In cases in which the method or technique of abortion which would most likely preserve the life and health of the viable fetus would present a greater risk to the life and health of the woman than another available method or technique, the physician may utilize the other method or technique. (c) In all cases in which the physician performs an abortion upon a viable fetus, the physician shall certify in writing the available method or techniques considered and the reasons for choosing the method or technique employed. Acts 1985, No. 268, § 3; A.S.A. 1947, § 41-2564.

(a) Any physician who performs an abortion upon a woman carrying a viable fetus shall utilize the available method or technique of abortion most likely to preserve the life and health of the viable fetus.

(b) In cases in which the method or technique of abortion which would most likely preserve the life and health of the viable fetus would present a greater risk to the life and health of the woman than another available method or technique, the physician may utilize the other method or technique.

(c) In all cases in which the physician performs an abortion upon a viable fetus, the physician shall certify in writing the available method or techniques considered and the reasons for choosing the method or technique employed.

Acts 1985, No. 268, § 3; A.S.A. 1947, § 41-2564.
Ark. Code Ann. § 20-45-102 — AR Code / Title 20 / Chapter 45 / Subchapter 1 / Section 20-45-102
County representation on certain boards - Failure to provide
Status: in_force

No nonprofit organization receiving mental health funds from the State of Arkansas on a per-capita basis shall be eligible to receive state mental health funds on a per-capita basis unless the governing board of the organization is apportioned among the counties for which funds are received in the manner required in § 20-45-101 . Acts 1971, No. 93, § 2; A.S.A. 1947, § 59-1202.

No nonprofit organization receiving mental health funds from the State of Arkansas on a per-capita basis shall be eligible to receive state mental health funds on a per-capita basis unless the governing board of the organization is apportioned among the counties for which funds are received in the manner required in § 20-45-101 .

Acts 1971, No. 93, § 2; A.S.A. 1947, § 59-1202.
Ark. Code Ann. § 20-80-309 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-309
Funding - Appropriations - Permitted use of funds
Status: in_force

(a) The appropriate division of the Department of Human Services is authorized to make payments from time to time to officially recognized organizations of community action agencies from state funds appropriated for that purpose. Payments shall be scheduled to begin as nearly as possible on July 1 of each fiscal year and on the first day of each calendar quarter thereafter. (b) Funds appropriated for payments to the organizations of community action agencies shall be allocated on the basis of equitable criteria established by the appropriate division based upon application for programs. (c) If any change occurs in the jurisdictions of any of the officially recognized nineteen (19) community action agencies, as authorized in § 20-80-306 , the first allocation of appropriated funds to the former agency or agencies, which comprise counties reorganized under the jurisdiction of a newly recognized agency, shall be apportioned to the new agency or agencies in accordance with equitable criteria established by the appropriate division. (d) (1) (A) At least ninety percent (90%) of the funds received and appropriated by the state from the United States Government under the community services block grant shall be allocated to community action agencies, as defined in this subchapter, under a formula to be determined by the appropriate division which is designated as the disbursing agency for community services block grant funds. (B) The powers of every community action agency governing board shall include the power to appoint persons to senior staff positions to determine major personnel, fiscal, and program policies to approve overall program plans and priorities and to assure compliance with conditions of and approve proposals for financial assistance under this subchapter. (C) No more than five percent (5%) of the community services block grant may be used by the disbursing agency for administrative purposes. (D) Any subsequently remaining funds may be used for purposes to be determined by the disbursing agency. (2) In the event that the community services block grant is eliminated, each community action agency shall be funded, subject to the restrictions of applicable law or regulation, in the distribution of other federal funds which can be used to support antipoverty programs. Acts 1985, No. 345, § 5; A.S.A. 1947, § 83-1111.

(a) The appropriate division of the Department of Human Services is authorized to make payments from time to time to officially recognized organizations of community action agencies from state funds appropriated for that purpose. Payments shall be scheduled to begin as nearly as possible on July 1 of each fiscal year and on the first day of each calendar quarter thereafter.

(b) Funds appropriated for payments to the organizations of community action agencies shall be allocated on the basis of equitable criteria established by the appropriate division based upon application for programs.

(c) If any change occurs in the jurisdictions of any of the officially recognized nineteen (19) community action agencies, as authorized in § 20-80-306 , the first allocation of appropriated funds to the former agency or agencies, which comprise counties reorganized under the jurisdiction of a newly recognized agency, shall be apportioned to the new agency or agencies in accordance with equitable criteria established by the appropriate division.

(d) (1) (A) At least ninety percent (90%) of the funds received and appropriated by the state from the United States Government under the community services block grant shall be allocated to community action agencies, as defined in this subchapter, under a formula to be determined by the appropriate division which is designated as the disbursing agency for community services block grant funds. (B) The powers of every community action agency governing board shall include the power to appoint persons to senior staff positions to determine major personnel, fiscal, and program policies to approve overall program plans and priorities and to assure compliance with conditions of and approve proposals for financial assistance under this subchapter. (C) No more than five percent (5%) of the community services block grant may be used by the disbursing agency for administrative purposes. (D) Any subsequently remaining funds may be used for purposes to be determined by the disbursing agency. (2) In the event that the community services block grant is eliminated, each community action agency shall be funded, subject to the restrictions of applicable law or regulation, in the distribution of other federal funds which can be used to support antipoverty programs.

(1) (A) At least ninety percent (90%) of the funds received and appropriated by the state from the United States Government under the community services block grant shall be allocated to community action agencies, as defined in this subchapter, under a formula to be determined by the appropriate division which is designated as the disbursing agency for community services block grant funds. (B) The powers of every community action agency governing board shall include the power to appoint persons to senior staff positions to determine major personnel, fiscal, and program policies to approve overall program plans and priorities and to assure compliance with conditions of and approve proposals for financial assistance under this subchapter. (C) No more than five percent (5%) of the community services block grant may be used by the disbursing agency for administrative purposes. (D) Any subsequently remaining funds may be used for purposes to be determined by the disbursing agency.

(A) At least ninety percent (90%) of the funds received and appropriated by the state from the United States Government under the community services block grant shall be allocated to community action agencies, as defined in this subchapter, under a formula to be determined by the appropriate division which is designated as the disbursing agency for community services block grant funds.

(B) The powers of every community action agency governing board shall include the power to appoint persons to senior staff positions to determine major personnel, fiscal, and program policies to approve overall program plans and priorities and to assure compliance with conditions of and approve proposals for financial assistance under this subchapter.

(C) No more than five percent (5%) of the community services block grant may be used by the disbursing agency for administrative purposes.

(D) Any subsequently remaining funds may be used for purposes to be determined by the disbursing agency.

(2) In the event that the community services block grant is eliminated, each community action agency shall be funded, subject to the restrictions of applicable law or regulation, in the distribution of other federal funds which can be used to support antipoverty programs.

Acts 1985, No. 345, § 5; A.S.A. 1947, § 83-1111.
Ark. Code Ann. § 20-77-1803 — AR Code / Title 20 / Chapter 77 / Subchapter 18 / Section 20-77-1803
Arkansas Long-Term Care Partnership Program - Created
Status: in_force

(a) The Arkansas Long-Term Care Partnership Program is created within the Department of Human Services. (b) The Department of Human Services in cooperation with the Insurance Commissioner shall submit applications to the United States Department of Health and Human Services necessary to obtain approval to: (1) Establish a process for precertification of long-term care insurance policies that meets all the requirements of the program; (2) Establish minimum requirements that long-term care insurance policies shall meet in order to qualify for precertification, including without limitation: (A) A conspicuous provision alerting consumers to the availability of consumer information and public education provided by the Department of Human Services; (B) A guarantee that each insured has an option to cover home and community-based services in addition to nursing facility care; (C) Inflation protection; (D) Periodic reporting to include explanations of benefits and a record of insurance payments that count toward Medicaid resource exclusion; and (E) Reports to the program as the Department of Human Services may require; (3) Include provisions for reciprocal agreements with other states to extend the Medicaid eligibility protections in subdivision (b)(4) of this section to purchasers of long-term care policies in those states, if at the time the long-term care policies were issued, the policies qualified for precertification in this state; (4) Include provisions that Medicaid eligibility determinations in the long-term care or related waiver categories for individuals who are the beneficiaries of precertified long-term care insurance policies shall include a resource disregard of one dollar ($1.00) for every dollar of long-term care insurance benefits paid under the individual's prequalified long-term care insurance policy for long-term care services; and (5) Include an outreach program to educate consumers about the need for long-term care, the availability of long-term care insurance, and the asset protections available under this subsection. Acts 2007, No. 99, § 1.

(a) The Arkansas Long-Term Care Partnership Program is created within the Department of Human Services.

(b) The Department of Human Services in cooperation with the Insurance Commissioner shall submit applications to the United States Department of Health and Human Services necessary to obtain approval to: (1) Establish a process for precertification of long-term care insurance policies that meets all the requirements of the program; (2) Establish minimum requirements that long-term care insurance policies shall meet in order to qualify for precertification, including without limitation: (A) A conspicuous provision alerting consumers to the availability of consumer information and public education provided by the Department of Human Services; (B) A guarantee that each insured has an option to cover home and community-based services in addition to nursing facility care; (C) Inflation protection; (D) Periodic reporting to include explanations of benefits and a record of insurance payments that count toward Medicaid resource exclusion; and (E) Reports to the program as the Department of Human Services may require; (3) Include provisions for reciprocal agreements with other states to extend the Medicaid eligibility protections in subdivision (b)(4) of this section to purchasers of long-term care policies in those states, if at the time the long-term care policies were issued, the policies qualified for precertification in this state; (4) Include provisions that Medicaid eligibility determinations in the long-term care or related waiver categories for individuals who are the beneficiaries of precertified long-term care insurance policies shall include a resource disregard of one dollar ($1.00) for every dollar of long-term care insurance benefits paid under the individual's prequalified long-term care insurance policy for long-term care services; and (5) Include an outreach program to educate consumers about the need for long-term care, the availability of long-term care insurance, and the asset protections available under this subsection.

(1) Establish a process for precertification of long-term care insurance policies that meets all the requirements of the program;

(2) Establish minimum requirements that long-term care insurance policies shall meet in order to qualify for precertification, including without limitation: (A) A conspicuous provision alerting consumers to the availability of consumer information and public education provided by the Department of Human Services; (B) A guarantee that each insured has an option to cover home and community-based services in addition to nursing facility care; (C) Inflation protection; (D) Periodic reporting to include explanations of benefits and a record of insurance payments that count toward Medicaid resource exclusion; and (E) Reports to the program as the Department of Human Services may require;

(A) A conspicuous provision alerting consumers to the availability of consumer information and public education provided by the Department of Human Services;

(B) A guarantee that each insured has an option to cover home and community-based services in addition to nursing facility care;

(C) Inflation protection;

(D) Periodic reporting to include explanations of benefits and a record of insurance payments that count toward Medicaid resource exclusion; and

(E) Reports to the program as the Department of Human Services may require;

(3) Include provisions for reciprocal agreements with other states to extend the Medicaid eligibility protections in subdivision (b)(4) of this section to purchasers of long-term care policies in those states, if at the time the long-term care policies were issued, the policies qualified for precertification in this state;

(4) Include provisions that Medicaid eligibility determinations in the long-term care or related waiver categories for individuals who are the beneficiaries of precertified long-term care insurance policies shall include a resource disregard of one dollar ($1.00) for every dollar of long-term care insurance benefits paid under the individual's prequalified long-term care insurance policy for long-term care services; and

(5) Include an outreach program to educate consumers about the need for long-term care, the availability of long-term care insurance, and the asset protections available under this subsection.

Acts 2007, No. 99, § 1.
Ark. Code Ann. § 20-16-1802 — AR Code / Title 20 / Chapter 16 / Subchapter 18 / Section 20-16-1802
Definitions
Status: in_force

As used in this subchapter: (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device: (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and (B) Which causes the premature termination of the pregnancy; (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter; (3) (A) (i) "Dismemberment abortion" means an abortion performed with the purpose of causing the death of an unborn child that purposely dismembers the living unborn child and extracts one (1) piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two (2) rigid levers, slice, crush, or grasp a portion of the body of the unborn child to cut or tear off a portion of the body of the unborn child. (ii) "Dismemberment abortion" includes an abortion in which suction is used to extract the body of the unborn child subsequent to the dismemberment of the unborn child as described under subdivision (3)(A)(i) of this section. (B) "Dismemberment abortion" does not include an abortion that uses suction to dismember the body parts of the unborn child into a collection container; (4) "Physician" means any person licensed to practice medicine in this state, including a medical doctor or a doctor of osteopathy; (5) "Purposely" means to act with purpose with respect to a material element of an offense when: (A) If the element involves the nature of the conduct of the actor or a result of the conduct of the actor, it is the conscious object of the actor to engage in conduct of that nature or cause such a result; and (B) If the element involves the attendant circumstances, the actor is aware of the existence of such circumstances or the actor believes or hopes that such circumstances exist; (6) (A) "Serious health risk to the pregnant woman" means a condition that, in a reasonable medical judgment, complicates the medical condition of a pregnant woman to such an extent that the abortion of a pregnancy is necessary to avert either the death of the pregnant woman or the serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. (B) "Serious health risk to the pregnant woman" does not include: (i) A psychological or emotional condition; or (ii) A medical diagnosis that is based on a claim of the pregnant woman or on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman; (7) "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth; and (8) "Woman" means a female human being whether or not she has reached the age of majority. Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device: (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and (B) Which causes the premature termination of the pregnancy;

(A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and

(i) Increase the probability of a live birth;

(ii) Preserve the life or health of the child after live birth; or

(iii) Remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and

(B) Which causes the premature termination of the pregnancy;

(2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;

(3) (A) (i) "Dismemberment abortion" means an abortion performed with the purpose of causing the death of an unborn child that purposely dismembers the living unborn child and extracts one (1) piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two (2) rigid levers, slice, crush, or grasp a portion of the body of the unborn child to cut or tear off a portion of the body of the unborn child. (ii) "Dismemberment abortion" includes an abortion in which suction is used to extract the body of the unborn child subsequent to the dismemberment of the unborn child as described under subdivision (3)(A)(i) of this section. (B) "Dismemberment abortion" does not include an abortion that uses suction to dismember the body parts of the unborn child into a collection container;

(A) (i) "Dismemberment abortion" means an abortion performed with the purpose of causing the death of an unborn child that purposely dismembers the living unborn child and extracts one (1) piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two (2) rigid levers, slice, crush, or grasp a portion of the body of the unborn child to cut or tear off a portion of the body of the unborn child. (ii) "Dismemberment abortion" includes an abortion in which suction is used to extract the body of the unborn child subsequent to the dismemberment of the unborn child as described under subdivision (3)(A)(i) of this section.

(i) "Dismemberment abortion" means an abortion performed with the purpose of causing the death of an unborn child that purposely dismembers the living unborn child and extracts one (1) piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two (2) rigid levers, slice, crush, or grasp a portion of the body of the unborn child to cut or tear off a portion of the body of the unborn child.

(ii) "Dismemberment abortion" includes an abortion in which suction is used to extract the body of the unborn child subsequent to the dismemberment of the unborn child as described under subdivision (3)(A)(i) of this section.

(B) "Dismemberment abortion" does not include an abortion that uses suction to dismember the body parts of the unborn child into a collection container;

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

(5) "Purposely" means to act with purpose with respect to a material element of an offense when: (A) If the element involves the nature of the conduct of the actor or a result of the conduct of the actor, it is the conscious object of the actor to engage in conduct of that nature or cause such a result; and (B) If the element involves the attendant circumstances, the actor is aware of the existence of such circumstances or the actor believes or hopes that such circumstances exist;

(A) If the element involves the nature of the conduct of the actor or a result of the conduct of the actor, it is the conscious object of the actor to engage in conduct of that nature or cause such a result; and

(B) If the element involves the attendant circumstances, the actor is aware of the existence of such circumstances or the actor believes or hopes that such circumstances exist;

(6) (A) "Serious health risk to the pregnant woman" means a condition that, in a reasonable medical judgment, complicates the medical condition of a pregnant woman to such an extent that the abortion of a pregnancy is necessary to avert either the death of the pregnant woman or the serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. (B) "Serious health risk to the pregnant woman" does not include: (i) A psychological or emotional condition; or (ii) A medical diagnosis that is based on a claim of the pregnant woman or on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;

(A) "Serious health risk to the pregnant woman" means a condition that, in a reasonable medical judgment, complicates the medical condition of a pregnant woman to such an extent that the abortion of a pregnancy is necessary to avert either the death of the pregnant woman or the serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman.

(B) "Serious health risk to the pregnant woman" does not include: (i) A psychological or emotional condition; or (ii) A medical diagnosis that is based on a claim of the pregnant woman or on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;

(i) A psychological or emotional condition; or

(ii) A medical diagnosis that is based on a claim of the pregnant woman or on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;

(7) "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth; and

(8) "Woman" means a female human being whether or not she has reached the age of majority.

Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-10-908 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-908
Qualifications of receiver
Status: in_force

(a) The circuit court may appoint any licensed nursing home administrator or any qualified person as a receiver who does not have a conflict of interest. (b) The Department of Human Services shall maintain a list of qualified persons to be furnished to the court. Preference shall be given to persons with experience in delivery of healthcare services and operation of long-term care facilities. (c) No person may be considered to be qualified to be a receiver who: (1) Is the owner, licensee, or administrator of the facility; (2) Is affiliated with the facility; (3) Has a financial interest in the facility; or (4) Has owned or operated a facility that has been ordered into receivership. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

(a) The circuit court may appoint any licensed nursing home administrator or any qualified person as a receiver who does not have a conflict of interest.

(b) The Department of Human Services shall maintain a list of qualified persons to be furnished to the court. Preference shall be given to persons with experience in delivery of healthcare services and operation of long-term care facilities.

(c) No person may be considered to be qualified to be a receiver who: (1) Is the owner, licensee, or administrator of the facility; (2) Is affiliated with the facility; (3) Has a financial interest in the facility; or (4) Has owned or operated a facility that has been ordered into receivership.

(1) Is the owner, licensee, or administrator of the facility;

(2) Is affiliated with the facility;

(3) Has a financial interest in the facility; or

(4) Has owned or operated a facility that has been ordered into receivership.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-77-304 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-304
Notice of action or claim - Intervention or consolidation
Status: in_force

(a) (1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action. (2) This notice shall contain the names of the third party and the court in which the action is brought. (3) Proof of the notice shall be filed in the action. (4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts. (b) (1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services. (2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained. Amended by Act 2019, No. 910,§ 5222, eff. 7/1/2019. Acts 1979, No. 419, § 4; A.S.A. 1947, § 83-171.3; Acts 1987, No. 463, § 2; 2011, No. 625, § 3.

(a) (1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action. (2) This notice shall contain the names of the third party and the court in which the action is brought. (3) Proof of the notice shall be filed in the action. (4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts.

(1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action.

(2) This notice shall contain the names of the third party and the court in which the action is brought.

(3) Proof of the notice shall be filed in the action.

(4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts.

(b) (1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services. (2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained.

(1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services.

(2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained.

Amended by Act 2019, No. 910,§ 5222, eff. 7/1/2019.

Acts 1979, No. 419, § 4; A.S.A. 1947, § 83-171.3; Acts 1987, No. 463, § 2; 2011, No. 625, § 3.
Ark. Code Ann. § 20-7-119 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-119
Identification tags and bracelets
Status: in_force

(a) When application is made and upon the payment of the fees provided in this section, the Department of Health may prepare and furnish to the applicant either a suitable metal tag commonly referred to as "dog tag" or an identification bracelet which may be inscribed with, in addition to the name and address of the person, the birth date, blood type, and any other pertinent medical information that might be needed in case of an accident or emergency with respect to the person. (b) The department shall charge a fee of fifty cents (50¢) for each metal tag or dog tag and a fee of one dollar ($1.00) for each identification bracelet containing the information authorized in this section. (c) All fees collected under this section shall be deposited into the State Treasury as special revenues, and the Treasurer of State shall credit them, after deducting from them the collection charge authorized by law, to the Public Health Fund to be used to defray the cost of this section and for the maintenance and operation of the department. Acts 1965, No. 433, §§ 1, 2; A.S.A. 1947, §§ 82-131, 82-132.

(a) When application is made and upon the payment of the fees provided in this section, the Department of Health may prepare and furnish to the applicant either a suitable metal tag commonly referred to as "dog tag" or an identification bracelet which may be inscribed with, in addition to the name and address of the person, the birth date, blood type, and any other pertinent medical information that might be needed in case of an accident or emergency with respect to the person.

(b) The department shall charge a fee of fifty cents (50¢) for each metal tag or dog tag and a fee of one dollar ($1.00) for each identification bracelet containing the information authorized in this section.

(c) All fees collected under this section shall be deposited into the State Treasury as special revenues, and the Treasurer of State shall credit them, after deducting from them the collection charge authorized by law, to the Public Health Fund to be used to defray the cost of this section and for the maintenance and operation of the department.

Acts 1965, No. 433, §§ 1, 2; A.S.A. 1947, §§ 82-131, 82-132.