Ark. Code Ann. § 20-13-217 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-217
Gabo's Law - Police dogs - Injured on duty
Status: in_force

(a) This section shall be known and may be cited as "Gabo's Law". (b) (1) An emergency medical services personnel or an emergency medical services provider may transport a police dog injured in the course of a law enforcement or correctional agency's work to a veterinary hospital or clinic if there is not a person requiring immediate medical attention or transport at the time. (2) During transport to the veterinary hospital or clinic, an emergency medical services personnel or an emergency medical services provider may provide emergency medical care to the police dog, including without limitation: (A) Opening and manually maintaining an airway; (B) Giving mouth-to-snout or mouth-to-barrier ventilation; (C) Administering oxygen; (D) Managing ventilation by mask; (E) Controlling hemorrhage with direct pressure; (F) Immobilizing fractures; (G) Bandaging; (H) Administering naloxone hydrochloride, if administering naloxone hydrochloride has been authorized in accordance with a written protocol established and provided by a veterinarian or in consultation with a veterinarian; or (I) Providing euthanasia. (c) An emergency medical services personnel or an emergency medical services provider who, in the course of his or her duties, provides emergency medical care or transportation to an injured police dog under this section is not liable: (1) For expenses related to providing emergency medical care to the police dog or for the transport of the police dog to a veterinary hospital or clinic; (2) Civilly or criminally for emergency medical care provided to the police dog by emergency medical services personnel or an emergency medical services provider, including without limitation all causes of action lying in tort or contract and any causes of action for damages arising from the emergency medical care provided to the police dog; or (3) For expenses charged by the veterinary hospital or clinic for emergency medical care or subsequent associated medical care provided to the police dog. (d) An emergency medical services personnel or an emergency medical services provider may request that a member of the law enforcement or correctional agency who owns or uses the police dog accompany the injured police dog during transport. (e) If a police dog is injured in the line of duty and requires emergency transport or emergency medical care as a result of a criminal act or episode of an individual, a court of competent jurisdiction may order a defendant whose actions were the proximate cause of the injuries to the police dog that resulted in emergency transport or emergency medical care to pay restitution to a person or entity entitled to payment or reimbursement for the expenses related to the emergency transport or emergency medical care of the police dog. (f) If an individual needs emergency transport or emergency medical care, the individual shall be transported and provided emergency medical care before transporting or providing emergency medical care to the injured police dog. (g) This section does not require the emergency transport of a police dog or prohibit a law enforcement officer, correctional officer, or other person from providing emergency transport of a police dog. Added by Act 2021, No. 790,§ 3, eff. 7/28/2021.

(a) This section shall be known and may be cited as "Gabo's Law".

(b) (1) An emergency medical services personnel or an emergency medical services provider may transport a police dog injured in the course of a law enforcement or correctional agency's work to a veterinary hospital or clinic if there is not a person requiring immediate medical attention or transport at the time. (2) During transport to the veterinary hospital or clinic, an emergency medical services personnel or an emergency medical services provider may provide emergency medical care to the police dog, including without limitation: (A) Opening and manually maintaining an airway; (B) Giving mouth-to-snout or mouth-to-barrier ventilation; (C) Administering oxygen; (D) Managing ventilation by mask; (E) Controlling hemorrhage with direct pressure; (F) Immobilizing fractures; (G) Bandaging; (H) Administering naloxone hydrochloride, if administering naloxone hydrochloride has been authorized in accordance with a written protocol established and provided by a veterinarian or in consultation with a veterinarian; or (I) Providing euthanasia.

(1) An emergency medical services personnel or an emergency medical services provider may transport a police dog injured in the course of a law enforcement or correctional agency's work to a veterinary hospital or clinic if there is not a person requiring immediate medical attention or transport at the time.

(2) During transport to the veterinary hospital or clinic, an emergency medical services personnel or an emergency medical services provider may provide emergency medical care to the police dog, including without limitation: (A) Opening and manually maintaining an airway; (B) Giving mouth-to-snout or mouth-to-barrier ventilation; (C) Administering oxygen; (D) Managing ventilation by mask; (E) Controlling hemorrhage with direct pressure; (F) Immobilizing fractures; (G) Bandaging; (H) Administering naloxone hydrochloride, if administering naloxone hydrochloride has been authorized in accordance with a written protocol established and provided by a veterinarian or in consultation with a veterinarian; or (I) Providing euthanasia.

(A) Opening and manually maintaining an airway;

(B) Giving mouth-to-snout or mouth-to-barrier ventilation;

(C) Administering oxygen;

(D) Managing ventilation by mask;

(E) Controlling hemorrhage with direct pressure;

(F) Immobilizing fractures;

(G) Bandaging;

(H) Administering naloxone hydrochloride, if administering naloxone hydrochloride has been authorized in accordance with a written protocol established and provided by a veterinarian or in consultation with a veterinarian; or

(I) Providing euthanasia.

(c) An emergency medical services personnel or an emergency medical services provider who, in the course of his or her duties, provides emergency medical care or transportation to an injured police dog under this section is not liable: (1) For expenses related to providing emergency medical care to the police dog or for the transport of the police dog to a veterinary hospital or clinic; (2) Civilly or criminally for emergency medical care provided to the police dog by emergency medical services personnel or an emergency medical services provider, including without limitation all causes of action lying in tort or contract and any causes of action for damages arising from the emergency medical care provided to the police dog; or (3) For expenses charged by the veterinary hospital or clinic for emergency medical care or subsequent associated medical care provided to the police dog.

(1) For expenses related to providing emergency medical care to the police dog or for the transport of the police dog to a veterinary hospital or clinic;

(2) Civilly or criminally for emergency medical care provided to the police dog by emergency medical services personnel or an emergency medical services provider, including without limitation all causes of action lying in tort or contract and any causes of action for damages arising from the emergency medical care provided to the police dog; or

(3) For expenses charged by the veterinary hospital or clinic for emergency medical care or subsequent associated medical care provided to the police dog.

(d) An emergency medical services personnel or an emergency medical services provider may request that a member of the law enforcement or correctional agency who owns or uses the police dog accompany the injured police dog during transport.

(e) If a police dog is injured in the line of duty and requires emergency transport or emergency medical care as a result of a criminal act or episode of an individual, a court of competent jurisdiction may order a defendant whose actions were the proximate cause of the injuries to the police dog that resulted in emergency transport or emergency medical care to pay restitution to a person or entity entitled to payment or reimbursement for the expenses related to the emergency transport or emergency medical care of the police dog.

(f) If an individual needs emergency transport or emergency medical care, the individual shall be transported and provided emergency medical care before transporting or providing emergency medical care to the injured police dog.

(g) This section does not require the emergency transport of a police dog or prohibit a law enforcement officer, correctional officer, or other person from providing emergency transport of a police dog.

Added by Act 2021, No. 790,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-59-232 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-232
Unlawful acts - Records of cream buyers - Monthly reports
Status: in_force

It shall be unlawful for all cream buyers to purchase cream without keeping a careful record of all cream bought as first grade and second grade, and they shall render the report regularly to the creamery or factory receiving the cream. Creameries shall report the above information monthly, together with other cream purchase reports to the Secretary of the Department of Health on forms furnished them. Amended by Act 2019, No. 910,§ 5062, eff. 7/1/2019. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful for all cream buyers to purchase cream without keeping a careful record of all cream bought as first grade and second grade, and they shall render the report regularly to the creamery or factory receiving the cream. Creameries shall report the above information monthly, together with other cream purchase reports to the Secretary of the Department of Health on forms furnished them.

Amended by Act 2019, No. 910,§ 5062, eff. 7/1/2019.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-15-801 — AR Code / Title 20 / Chapter 15 / Subchapter 8 / Section 20-15-801
Legislative determination
Status: in_force

(a) The General Assembly recognizes that scoliosis is a terrible disease of the spine which attacks young children during their formative years and that the spinal curvature can be relatively easily detected and should be treated as early as possible. (b) The General Assembly has determined that the most logical entities to conduct a scoliosis screening program are our private schools, public schools, and other state-supported institutions providing education to our children. Acts 1987, No. 41, § 1; 1989, No. 95, § 1.

(a) The General Assembly recognizes that scoliosis is a terrible disease of the spine which attacks young children during their formative years and that the spinal curvature can be relatively easily detected and should be treated as early as possible.

(b) The General Assembly has determined that the most logical entities to conduct a scoliosis screening program are our private schools, public schools, and other state-supported institutions providing education to our children.

Acts 1987, No. 41, § 1; 1989, No. 95, § 1.
Ark. Code Ann. § 20-9-1102 — AR Code / Title 20 / Chapter 9 / Subchapter 11 / Section 20-9-1102
Cervical Cancer Task Force - Creation
Status: in_force

(a) There is created the Cervical Cancer Task Force to consist of twelve (12) members. (b) The Secretary of the Department of Health shall appoint: (1) One (1) member to represent the Department of Health; (2) One (1) member to represent the American Cancer Society; (3) One (1) member to represent the Arkansas Minority Health Commission; (4) One (1) member to represent the Arkansas Hospital Association, Inc.; (5) One (1) member to represent the Arkansas Foundation for Medical Care, Inc.; (6) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; (7) One (1) member to represent the Division of Medical Services; (8) One (1) member to represent primary care physicians; (9) One (1) member to represent the Arkansas Medical Society, Inc.; (10) One (1) member to represent the medical insurance industry; (11) One (1) member to represent the community at large; and (12) One (1) member to represent the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. (c) (1) Except for the initial members, task force members shall serve three-year terms. (2) The initial members shall be assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year. (d) If a vacancy occurs, the secretary shall appoint a person who represents the same constituency as the member being replaced. (e) The task force shall elect one (1) of its members to act as chair for a term of one (1) year. (f) A majority of the members shall constitute a quorum for the transaction of business. (g) The task force shall meet as necessary to further the intent and purpose of this subchapter. (h) The Department of Health shall provide meeting space and administrative support for the task force. (i) Members of the task force shall serve without pay but may receive expense reimbursement in accordance with § 25-16-902 if funds are available. Amended by Act 2019, No. 910,§ 4976, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4975, eff. 7/1/2019. Acts 2005, No. 1414, § 1; 2009, No. 280, §§ 1, 2.

(a) There is created the Cervical Cancer Task Force to consist of twelve (12) members.

(b) The Secretary of the Department of Health shall appoint: (1) One (1) member to represent the Department of Health; (2) One (1) member to represent the American Cancer Society; (3) One (1) member to represent the Arkansas Minority Health Commission; (4) One (1) member to represent the Arkansas Hospital Association, Inc.; (5) One (1) member to represent the Arkansas Foundation for Medical Care, Inc.; (6) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; (7) One (1) member to represent the Division of Medical Services; (8) One (1) member to represent primary care physicians; (9) One (1) member to represent the Arkansas Medical Society, Inc.; (10) One (1) member to represent the medical insurance industry; (11) One (1) member to represent the community at large; and (12) One (1) member to represent the Arkansas Medical, Dental, and Pharmaceutical Association, Inc.

(1) One (1) member to represent the Department of Health;

(2) One (1) member to represent the American Cancer Society;

(3) One (1) member to represent the Arkansas Minority Health Commission;

(4) One (1) member to represent the Arkansas Hospital Association, Inc.;

(5) One (1) member to represent the Arkansas Foundation for Medical Care, Inc.;

(6) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences;

(7) One (1) member to represent the Division of Medical Services;

(8) One (1) member to represent primary care physicians;

(9) One (1) member to represent the Arkansas Medical Society, Inc.;

(10) One (1) member to represent the medical insurance industry;

(11) One (1) member to represent the community at large; and

(12) One (1) member to represent the Arkansas Medical, Dental, and Pharmaceutical Association, Inc.

(c) (1) Except for the initial members, task force members shall serve three-year terms. (2) The initial members shall be assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year.

(1) Except for the initial members, task force members shall serve three-year terms.

(2) The initial members shall be assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year.

(d) If a vacancy occurs, the secretary shall appoint a person who represents the same constituency as the member being replaced.

(e) The task force shall elect one (1) of its members to act as chair for a term of one (1) year.

(f) A majority of the members shall constitute a quorum for the transaction of business.

(g) The task force shall meet as necessary to further the intent and purpose of this subchapter.

(h) The Department of Health shall provide meeting space and administrative support for the task force.

(i) Members of the task force shall serve without pay but may receive expense reimbursement in accordance with § 25-16-902 if funds are available.

Amended by Act 2019, No. 910,§ 4976, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4975, eff. 7/1/2019.

Acts 2005, No. 1414, § 1; 2009, No. 280, §§ 1, 2.
Ark. Code Ann. § 20-6-109 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-109
Compliance by healthcare provider or institution
Status: in_force

(a) Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with: (1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and (2) A healthcare decision for the principal made by a person authorized to make healthcare decisions for the principal to the same extent as if the decision had been made by the principal while having capacity. (b) A healthcare provider may decline to comply with an individual instruction or healthcare decision for reasons of conscience. (c) A healthcare institution may decline to comply with an individual instruction or healthcare decision if the instruction or decision: (1) Is contrary to a policy of the institution that is based on reasons of conscience; and (2) The policy was timely communicated to the principal or to a person authorized to make healthcare decisions for the principal. (d) A healthcare provider or institution may decline to comply with an individual instruction or healthcare decision that requires medically inappropriate health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or institution. (e) A healthcare provider or institution that declines to comply with an individual instruction or healthcare decision under subsection (b), subsection (c), or subsection (d) of this section shall: (1) Inform promptly the principal, if possible, or a person authorized to make healthcare decisions for the principal; (2) Provide continuing care to the principal until a transfer can be effected or until a determination has been made that a transfer cannot be effected; and (3) (A) Unless the principal or person authorized to make healthcare decisions for the principal refuses assistance, immediately make all reasonable efforts to assist in the transfer of the principal to another healthcare provider or healthcare institution that is willing to comply with the instruction or decision. (B) If a transfer cannot be effected, the healthcare provider or institution shall not be compelled to comply. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with: (1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and (2) A healthcare decision for the principal made by a person authorized to make healthcare decisions for the principal to the same extent as if the decision had been made by the principal while having capacity.

(1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and

(2) A healthcare decision for the principal made by a person authorized to make healthcare decisions for the principal to the same extent as if the decision had been made by the principal while having capacity.

(b) A healthcare provider may decline to comply with an individual instruction or healthcare decision for reasons of conscience.

(c) A healthcare institution may decline to comply with an individual instruction or healthcare decision if the instruction or decision: (1) Is contrary to a policy of the institution that is based on reasons of conscience; and (2) The policy was timely communicated to the principal or to a person authorized to make healthcare decisions for the principal.

(1) Is contrary to a policy of the institution that is based on reasons of conscience; and

(2) The policy was timely communicated to the principal or to a person authorized to make healthcare decisions for the principal.

(d) A healthcare provider or institution may decline to comply with an individual instruction or healthcare decision that requires medically inappropriate health care or health care contrary to generally accepted healthcare standards applicable to the healthcare provider or institution.

(e) A healthcare provider or institution that declines to comply with an individual instruction or healthcare decision under subsection (b), subsection (c), or subsection (d) of this section shall: (1) Inform promptly the principal, if possible, or a person authorized to make healthcare decisions for the principal; (2) Provide continuing care to the principal until a transfer can be effected or until a determination has been made that a transfer cannot be effected; and (3) (A) Unless the principal or person authorized to make healthcare decisions for the principal refuses assistance, immediately make all reasonable efforts to assist in the transfer of the principal to another healthcare provider or healthcare institution that is willing to comply with the instruction or decision. (B) If a transfer cannot be effected, the healthcare provider or institution shall not be compelled to comply.

(1) Inform promptly the principal, if possible, or a person authorized to make healthcare decisions for the principal;

(2) Provide continuing care to the principal until a transfer can be effected or until a determination has been made that a transfer cannot be effected; and

(3) (A) Unless the principal or person authorized to make healthcare decisions for the principal refuses assistance, immediately make all reasonable efforts to assist in the transfer of the principal to another healthcare provider or healthcare institution that is willing to comply with the instruction or decision. (B) If a transfer cannot be effected, the healthcare provider or institution shall not be compelled to comply.

(A) Unless the principal or person authorized to make healthcare decisions for the principal refuses assistance, immediately make all reasonable efforts to assist in the transfer of the principal to another healthcare provider or healthcare institution that is willing to comply with the instruction or decision.

(B) If a transfer cannot be effected, the healthcare provider or institution shall not be compelled to comply.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-76-431 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-431
Transfer of property prohibited
Status: in_force

(a) No person shall, at any time during the continuance of assistance, grant, sell, transfer title, or in any way dispose of any real property without the consent of the appropriate division of the Department of Human Services. If a recipient of assistance executes and delivers a deed to real property without the consent of the division, the transaction shall be deemed prima facie fraudulent as to the division. (b) To overcome the presumption of fraud, an immediate investigation will be made to determine whether the property was transferred within the rules of the division. The fair market value of the transferred property shall be considered as available toward meeting the needs of the recipient. Amended by Act 2019, No. 315,§ 2252, eff. 7/24/2019. Acts 1939, No. 280, § 28; 1953, No. 177, § 6; A.S.A. 1947, § 83-134.

(a) No person shall, at any time during the continuance of assistance, grant, sell, transfer title, or in any way dispose of any real property without the consent of the appropriate division of the Department of Human Services. If a recipient of assistance executes and delivers a deed to real property without the consent of the division, the transaction shall be deemed prima facie fraudulent as to the division.

(b) To overcome the presumption of fraud, an immediate investigation will be made to determine whether the property was transferred within the rules of the division. The fair market value of the transferred property shall be considered as available toward meeting the needs of the recipient.

Amended by Act 2019, No. 315,§ 2252, eff. 7/24/2019.

Acts 1939, No. 280, § 28; 1953, No. 177, § 6; A.S.A. 1947, § 83-134.
Ark. Code Ann. § 20-64-104 — AR Code / Title 20 / Chapter 64 / Subchapter 1 / Section 20-64-104
Service of search warrant
Status: in_force

A search warrant relating to offenses involving drugs regulated under the Uniform Narcotic Drug Act, § 20-64-201 et seq., and the Arkansas Drug Abuse Control Act, § 20-64-301 et seq., may be served at any time of the day or night if the judge of the district or circuit court issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at that time. Acts 1971, No. 265, § 1; A.S.A. 1947, § 82-1068.

A search warrant relating to offenses involving drugs regulated under the Uniform Narcotic Drug Act, § 20-64-201 et seq., and the Arkansas Drug Abuse Control Act, § 20-64-301 et seq., may be served at any time of the day or night if the judge of the district or circuit court issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at that time.

Acts 1971, No. 265, § 1; A.S.A. 1947, § 82-1068.
Ark. Code Ann. § 20-22-302 — AR Code / Title 20 / Chapter 22 / Subchapter 3 / Section 20-22-302
Notice to Arkansas Forestry Commission of intent to burn forest vegetation
Status: in_force

(a) (1) Any person in this state who desires to burn forest vegetation, including debris from land clearing, shall notify the Arkansas Forestry Commission of the person's intention to burn. Notification of the proposed burning shall include the time and location of the intended burning and other facts which the person or the commission may deem relevant. (2) This notification requirement shall not apply to the "open burning" of "yard wastes" as those terms are defined in § 8-6-1701 . (b) The landowner or other person having charge of the land or his or her agent shall be present and in attendance at the time of the burning. (c) There shall be no liability on the part of the State of Arkansas, the commission, or any personnel of the commission for damages caused by the burning of forest vegetation under the provisions of this section. (d) It is the intention of this section that the commission may assist or advise local landowners or their agents in the burning of forest vegetation. (e) This section shall not apply unless the forest vegetation or debris from land clearing to be burned weighs at least one (1) ton. Acts 1961, No. 246, § 1; A.S.A. 1947, § 82-824; Acts 1999, No. 107, § 1.

(a) (1) Any person in this state who desires to burn forest vegetation, including debris from land clearing, shall notify the Arkansas Forestry Commission of the person's intention to burn. Notification of the proposed burning shall include the time and location of the intended burning and other facts which the person or the commission may deem relevant. (2) This notification requirement shall not apply to the "open burning" of "yard wastes" as those terms are defined in § 8-6-1701 .

(1) Any person in this state who desires to burn forest vegetation, including debris from land clearing, shall notify the Arkansas Forestry Commission of the person's intention to burn. Notification of the proposed burning shall include the time and location of the intended burning and other facts which the person or the commission may deem relevant.

(2) This notification requirement shall not apply to the "open burning" of "yard wastes" as those terms are defined in § 8-6-1701 .

(b) The landowner or other person having charge of the land or his or her agent shall be present and in attendance at the time of the burning.

(c) There shall be no liability on the part of the State of Arkansas, the commission, or any personnel of the commission for damages caused by the burning of forest vegetation under the provisions of this section.

(d) It is the intention of this section that the commission may assist or advise local landowners or their agents in the burning of forest vegetation.

(e) This section shall not apply unless the forest vegetation or debris from land clearing to be burned weighs at least one (1) ton.

Acts 1961, No. 246, § 1; A.S.A. 1947, § 82-824; Acts 1999, No. 107, § 1.
Ark. Code Ann. § 20-20-219 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-219
Enforcement
Status: in_force

(a) (1) For the purpose of carrying out the provisions of this subchapter, the State Plant Board may enter upon any public or private premises at reasonable times, in order to: (A) Have access for the purpose of inspecting any equipment subject to this subchapter; (B) Inspect or sample lands actually or reported to be exposed to pesticides and lands from which the pesticides may have originated; (C) Inspect storage or disposal areas; (D) Inspect or investigate complaints of injury to humans or land; (E) Sample pesticides being applied or to be applied; and (F) Observe the use and application of pesticides. (2) Should the board be denied access to any land where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to the land for the purposes set forth in this subchapter. Upon such an application, the court may issue the search warrant for the purposes requested. (b) (1) With or without the aid and advice of the prosecuting attorney, the board is charged with the duty of enforcing the requirements of this subchapter and any rules issued pursuant to it. (2) If a prosecuting attorney fails or refuses to act on behalf of the board, the Attorney General may so act. (c) The board may apply to any court of competent jurisdiction for and the court upon hearing and for cause shown may grant a temporary or permanent injunction restraining any person from violating any provisions of this subchapter, or of the rules made under authority of this subchapter, the injunction to be without bond. Amended by Act 2019, No. 315,§ 1998, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1997, eff. 7/24/2019. Acts 1975, No. 389, § 21; A.S.A. 1947, § 77-271.

(a) (1) For the purpose of carrying out the provisions of this subchapter, the State Plant Board may enter upon any public or private premises at reasonable times, in order to: (A) Have access for the purpose of inspecting any equipment subject to this subchapter; (B) Inspect or sample lands actually or reported to be exposed to pesticides and lands from which the pesticides may have originated; (C) Inspect storage or disposal areas; (D) Inspect or investigate complaints of injury to humans or land; (E) Sample pesticides being applied or to be applied; and (F) Observe the use and application of pesticides. (2) Should the board be denied access to any land where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to the land for the purposes set forth in this subchapter. Upon such an application, the court may issue the search warrant for the purposes requested.

(1) For the purpose of carrying out the provisions of this subchapter, the State Plant Board may enter upon any public or private premises at reasonable times, in order to: (A) Have access for the purpose of inspecting any equipment subject to this subchapter; (B) Inspect or sample lands actually or reported to be exposed to pesticides and lands from which the pesticides may have originated; (C) Inspect storage or disposal areas; (D) Inspect or investigate complaints of injury to humans or land; (E) Sample pesticides being applied or to be applied; and (F) Observe the use and application of pesticides.

(A) Have access for the purpose of inspecting any equipment subject to this subchapter;

(B) Inspect or sample lands actually or reported to be exposed to pesticides and lands from which the pesticides may have originated;

(C) Inspect storage or disposal areas;

(D) Inspect or investigate complaints of injury to humans or land;

(E) Sample pesticides being applied or to be applied; and

(F) Observe the use and application of pesticides.

(2) Should the board be denied access to any land where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to the land for the purposes set forth in this subchapter. Upon such an application, the court may issue the search warrant for the purposes requested.

(b) (1) With or without the aid and advice of the prosecuting attorney, the board is charged with the duty of enforcing the requirements of this subchapter and any rules issued pursuant to it. (2) If a prosecuting attorney fails or refuses to act on behalf of the board, the Attorney General may so act.

(1) With or without the aid and advice of the prosecuting attorney, the board is charged with the duty of enforcing the requirements of this subchapter and any rules issued pursuant to it.

(2) If a prosecuting attorney fails or refuses to act on behalf of the board, the Attorney General may so act.

(c) The board may apply to any court of competent jurisdiction for and the court upon hearing and for cause shown may grant a temporary or permanent injunction restraining any person from violating any provisions of this subchapter, or of the rules made under authority of this subchapter, the injunction to be without bond.

Amended by Act 2019, No. 315,§ 1998, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1997, eff. 7/24/2019.

Acts 1975, No. 389, § 21; A.S.A. 1947, § 77-271.
Ark. Code Ann. § 20-60-213 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-213
Labeling and marking
Status: in_force

(a) (1) Each shipping container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. (2) (A) Each immediate container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in addition to the official inspection mark, in distinctly legible form: (i) The name of the meat or meat food product; (ii) A statement of ingredients if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors, or preservatives, if any; (iii) The net weight or other appropriate measure of the contents; (iv) The name and address of the processor; and (v) The approved plant number of the official establishment in which the contents were processed. (B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the meat or meat food product was prepared and packed. (3) Each livestock carcass and each part of a livestock carcass shall bear the official inspection mark and approved plant number of the establishment when the livestock carcass or part of a livestock carcass leaves the official establishment. (4) (A) The Secretary of the Department of Agriculture may by rule require additional marks or labeling information to appear on livestock carcasses, parts of livestock carcasses, or meat food products when the livestock carcasses, parts of livestock carcasses, or meat food products leave the official establishments or at the time of the transportation or sale of the livestock carcasses, parts of livestock carcasses, or meat food products in this state. (B) The secretary may permit reasonable variations and grant exemptions from the marking and labeling requirements of this section in any number not in conflict with the purposes of this subchapter. (5) Marks and labels required under this section shall be applied only by or under the supervision of an inspector. (b) The use of any advertisement or written, printed, or graphic matter that is false or misleading is prohibited upon or accompanying: (1) Any livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter; or (2) The container of a livestock carcass, part of a livestock carcass, or meat food product. (c) (1) (A) A livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter shall not be sold or offered for sale by any person under any false or deceptive name. (B) Established trade names that are usual to the meat or meat food products and that are not false or deceptive and that are approved by the secretary are permitted. (2) If the secretary has reason to believe that any advertisement or any label in use or prepared for use is false or misleading in any particular, the secretary may direct that the use of the advertisement or label be withheld unless the advertisement or label is modified in a manner that the secretary prescribes so that the advertisement or label will not be false or misleading. (3) If the person using or proposing to use the advertisement or the label does not accept the determination of the secretary, the person may request a hearing, but the use of the advertisement or the label shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary. (4) Any determination by the secretary shall be conclusive unless within thirty (30) days after the receipt of notice of the final determination, the person adversely affected thereby appeals to the Pulaski County Circuit Court. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 315,§ 2213, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5083, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5082, eff. 7/1/2019. Acts 1967, No. 320, § 6; A.S.A. 1947, § 82-2006.

(a) (1) Each shipping container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. (2) (A) Each immediate container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in addition to the official inspection mark, in distinctly legible form: (i) The name of the meat or meat food product; (ii) A statement of ingredients if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors, or preservatives, if any; (iii) The net weight or other appropriate measure of the contents; (iv) The name and address of the processor; and (v) The approved plant number of the official establishment in which the contents were processed. (B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the meat or meat food product was prepared and packed. (3) Each livestock carcass and each part of a livestock carcass shall bear the official inspection mark and approved plant number of the establishment when the livestock carcass or part of a livestock carcass leaves the official establishment. (4) (A) The Secretary of the Department of Agriculture may by rule require additional marks or labeling information to appear on livestock carcasses, parts of livestock carcasses, or meat food products when the livestock carcasses, parts of livestock carcasses, or meat food products leave the official establishments or at the time of the transportation or sale of the livestock carcasses, parts of livestock carcasses, or meat food products in this state. (B) The secretary may permit reasonable variations and grant exemptions from the marking and labeling requirements of this section in any number not in conflict with the purposes of this subchapter. (5) Marks and labels required under this section shall be applied only by or under the supervision of an inspector.

(1) Each shipping container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed.

(2) (A) Each immediate container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in addition to the official inspection mark, in distinctly legible form: (i) The name of the meat or meat food product; (ii) A statement of ingredients if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors, or preservatives, if any; (iii) The net weight or other appropriate measure of the contents; (iv) The name and address of the processor; and (v) The approved plant number of the official establishment in which the contents were processed. (B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the meat or meat food product was prepared and packed.

(A) Each immediate container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in addition to the official inspection mark, in distinctly legible form: (i) The name of the meat or meat food product; (ii) A statement of ingredients if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors, or preservatives, if any; (iii) The net weight or other appropriate measure of the contents; (iv) The name and address of the processor; and (v) The approved plant number of the official establishment in which the contents were processed.

(i) The name of the meat or meat food product;

(ii) A statement of ingredients if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors, or preservatives, if any;

(iii) The net weight or other appropriate measure of the contents;

(iv) The name and address of the processor; and

(v) The approved plant number of the official establishment in which the contents were processed.

(B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the meat or meat food product was prepared and packed.

(3) Each livestock carcass and each part of a livestock carcass shall bear the official inspection mark and approved plant number of the establishment when the livestock carcass or part of a livestock carcass leaves the official establishment.

(4) (A) The Secretary of the Department of Agriculture may by rule require additional marks or labeling information to appear on livestock carcasses, parts of livestock carcasses, or meat food products when the livestock carcasses, parts of livestock carcasses, or meat food products leave the official establishments or at the time of the transportation or sale of the livestock carcasses, parts of livestock carcasses, or meat food products in this state. (B) The secretary may permit reasonable variations and grant exemptions from the marking and labeling requirements of this section in any number not in conflict with the purposes of this subchapter.

(A) The Secretary of the Department of Agriculture may by rule require additional marks or labeling information to appear on livestock carcasses, parts of livestock carcasses, or meat food products when the livestock carcasses, parts of livestock carcasses, or meat food products leave the official establishments or at the time of the transportation or sale of the livestock carcasses, parts of livestock carcasses, or meat food products in this state.

(B) The secretary may permit reasonable variations and grant exemptions from the marking and labeling requirements of this section in any number not in conflict with the purposes of this subchapter.

(5) Marks and labels required under this section shall be applied only by or under the supervision of an inspector.

(b) The use of any advertisement or written, printed, or graphic matter that is false or misleading is prohibited upon or accompanying: (1) Any livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter; or (2) The container of a livestock carcass, part of a livestock carcass, or meat food product.

(1) Any livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter; or

(2) The container of a livestock carcass, part of a livestock carcass, or meat food product.

(c) (1) (A) A livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter shall not be sold or offered for sale by any person under any false or deceptive name. (B) Established trade names that are usual to the meat or meat food products and that are not false or deceptive and that are approved by the secretary are permitted. (2) If the secretary has reason to believe that any advertisement or any label in use or prepared for use is false or misleading in any particular, the secretary may direct that the use of the advertisement or label be withheld unless the advertisement or label is modified in a manner that the secretary prescribes so that the advertisement or label will not be false or misleading. (3) If the person using or proposing to use the advertisement or the label does not accept the determination of the secretary, the person may request a hearing, but the use of the advertisement or the label shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary. (4) Any determination by the secretary shall be conclusive unless within thirty (30) days after the receipt of notice of the final determination, the person adversely affected thereby appeals to the Pulaski County Circuit Court.

(1) (A) A livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter shall not be sold or offered for sale by any person under any false or deceptive name. (B) Established trade names that are usual to the meat or meat food products and that are not false or deceptive and that are approved by the secretary are permitted.

(A) A livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter shall not be sold or offered for sale by any person under any false or deceptive name.

(B) Established trade names that are usual to the meat or meat food products and that are not false or deceptive and that are approved by the secretary are permitted.

(2) If the secretary has reason to believe that any advertisement or any label in use or prepared for use is false or misleading in any particular, the secretary may direct that the use of the advertisement or label be withheld unless the advertisement or label is modified in a manner that the secretary prescribes so that the advertisement or label will not be false or misleading.

(3) If the person using or proposing to use the advertisement or the label does not accept the determination of the secretary, the person may request a hearing, but the use of the advertisement or the label shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary.

(4) Any determination by the secretary shall be conclusive unless within thirty (30) days after the receipt of notice of the final determination, the person adversely affected thereby appeals to the Pulaski County Circuit Court.

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

Amended by Act 2019, No. 315,§ 2213, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5083, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5082, eff. 7/1/2019.

Acts 1967, No. 320, § 6; A.S.A. 1947, § 82-2006.
Ark. Code Ann. § 20-17-216 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-216
Severability
Status: in_force

If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are severable. Acts 1987, No. 713, § 16.

If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are severable.

Acts 1987, No. 713, § 16.
Ark. Code Ann. § 20-9-912 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-912
Appeals
Status: in_force

(a) (1) Before denying or revoking a certificate under this subchapter, the State Board of Health shall provide the applicant or certificate holder with reasonable time to supply additional information demonstrating compliance with the requirements of this subchapter and the opportunity to request a hearing. (2) If an applicant or certificate holder requests a hearing, the board shall send a hearing notice and conduct a hearing in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Any person aggrieved by a final decision of the board in a contested case under this subchapter may take a direct judicial appeal as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1989, No. 537, §§ 8, 13.

(a) (1) Before denying or revoking a certificate under this subchapter, the State Board of Health shall provide the applicant or certificate holder with reasonable time to supply additional information demonstrating compliance with the requirements of this subchapter and the opportunity to request a hearing. (2) If an applicant or certificate holder requests a hearing, the board shall send a hearing notice and conduct a hearing in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Before denying or revoking a certificate under this subchapter, the State Board of Health shall provide the applicant or certificate holder with reasonable time to supply additional information demonstrating compliance with the requirements of this subchapter and the opportunity to request a hearing.

(2) If an applicant or certificate holder requests a hearing, the board shall send a hearing notice and conduct a hearing in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) Any person aggrieved by a final decision of the board in a contested case under this subchapter may take a direct judicial appeal as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1989, No. 537, §§ 8, 13.
Ark. Code Ann. § 20-17-1015 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1015
Permanent maintenance fund - Annual report
Status: in_force

(a) (1) Within seventy-five (75) days after the end of each calendar year, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall require the trustee of the permanent maintenance fund to file under oath a detailed annual report of the condition of the fund. (2) The annual report shall include: (A) A description of the assets of the fund; (B) A description of cemetery property encumbered by a lien and the amount of the lien; (C) The cost of acquiring each asset; (D) The market value of the asset at the time of its acquisition, its current market value, and the status of any default; (E) A statement that: (i) The fund is not encumbered by debt; and (ii) None of the assets of the fund constitute loans to: (a) The cemetery company for which the trust fund is established; or (b) An officer or director of the cemetery company; and (F) Any other information the trustee or the board deems pertinent. (b) The report shall show the amounts of principal and undistributed income of the fund at the beginning of the period, the amounts deposited by the cemetery company into the fund during the period, the income earned and disbursements made during the period, the details of any investment or reinvestment during the period, and the balances of principal and income at the end of the period being reported on. (c) (1) If the trustee of the permanent maintenance fund fails to meet the requirements of this section, then the board may apply to the Pulaski County Circuit Court for an order to require the trustee of the permanent maintenance fund to file a proper report and to make any additional contributions due to the failure to timely file the annual report. (2) (A) If trust funds have been misappropriated by the trustee or are not being handled as required by law, then the board shall apply to the circuit court in the county in which the cemetery is located to have a receiver or conservator appointed by the court to take custody of the trust funds for the benefit of the cestui que trust. (B) The receiver or conservator is vested with full power to file such suits against the defaulting trustee as may be necessary to require a full accounting and restoration of the trust funds and to turn the residue over to another trustee as the cemetery shall select, in conformity with this subchapter, as the new trustee of the permanent maintenance fund. (3) If the trustee does not timely file the annual report required by subsection (a) of this section, the board may require the trustee to pay an additional contribution to the permanent maintenance fund of no more than fifty dollars ($50.00) per day until the report is filed with the board. Amended by Act 2021, No. 731,§ 10, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 47, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 6, eff. 8/16/2013. Acts 1977, No. 352, § 16; 1981, No. 512, § 4; A.S.A. 1947, § 82-426.16; Acts 1997, No. 295, § 8; 2011, No. 590, § 6.

(a) (1) Within seventy-five (75) days after the end of each calendar year, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall require the trustee of the permanent maintenance fund to file under oath a detailed annual report of the condition of the fund. (2) The annual report shall include: (A) A description of the assets of the fund; (B) A description of cemetery property encumbered by a lien and the amount of the lien; (C) The cost of acquiring each asset; (D) The market value of the asset at the time of its acquisition, its current market value, and the status of any default; (E) A statement that: (i) The fund is not encumbered by debt; and (ii) None of the assets of the fund constitute loans to: (a) The cemetery company for which the trust fund is established; or (b) An officer or director of the cemetery company; and (F) Any other information the trustee or the board deems pertinent.

(1) Within seventy-five (75) days after the end of each calendar year, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall require the trustee of the permanent maintenance fund to file under oath a detailed annual report of the condition of the fund.

(2) The annual report shall include: (A) A description of the assets of the fund; (B) A description of cemetery property encumbered by a lien and the amount of the lien; (C) The cost of acquiring each asset; (D) The market value of the asset at the time of its acquisition, its current market value, and the status of any default; (E) A statement that: (i) The fund is not encumbered by debt; and (ii) None of the assets of the fund constitute loans to: (a) The cemetery company for which the trust fund is established; or (b) An officer or director of the cemetery company; and (F) Any other information the trustee or the board deems pertinent.

(A) A description of the assets of the fund;

(B) A description of cemetery property encumbered by a lien and the amount of the lien;

(C) The cost of acquiring each asset;

(D) The market value of the asset at the time of its acquisition, its current market value, and the status of any default;

(E) A statement that: (i) The fund is not encumbered by debt; and (ii) None of the assets of the fund constitute loans to: (a) The cemetery company for which the trust fund is established; or (b) An officer or director of the cemetery company; and

(i) The fund is not encumbered by debt; and

(ii) None of the assets of the fund constitute loans to: (a) The cemetery company for which the trust fund is established; or (b) An officer or director of the cemetery company; and

(a) The cemetery company for which the trust fund is established; or

(b) An officer or director of the cemetery company; and

(F) Any other information the trustee or the board deems pertinent.

(b) The report shall show the amounts of principal and undistributed income of the fund at the beginning of the period, the amounts deposited by the cemetery company into the fund during the period, the income earned and disbursements made during the period, the details of any investment or reinvestment during the period, and the balances of principal and income at the end of the period being reported on.

(c) (1) If the trustee of the permanent maintenance fund fails to meet the requirements of this section, then the board may apply to the Pulaski County Circuit Court for an order to require the trustee of the permanent maintenance fund to file a proper report and to make any additional contributions due to the failure to timely file the annual report. (2) (A) If trust funds have been misappropriated by the trustee or are not being handled as required by law, then the board shall apply to the circuit court in the county in which the cemetery is located to have a receiver or conservator appointed by the court to take custody of the trust funds for the benefit of the cestui que trust. (B) The receiver or conservator is vested with full power to file such suits against the defaulting trustee as may be necessary to require a full accounting and restoration of the trust funds and to turn the residue over to another trustee as the cemetery shall select, in conformity with this subchapter, as the new trustee of the permanent maintenance fund. (3) If the trustee does not timely file the annual report required by subsection (a) of this section, the board may require the trustee to pay an additional contribution to the permanent maintenance fund of no more than fifty dollars ($50.00) per day until the report is filed with the board.

(1) If the trustee of the permanent maintenance fund fails to meet the requirements of this section, then the board may apply to the Pulaski County Circuit Court for an order to require the trustee of the permanent maintenance fund to file a proper report and to make any additional contributions due to the failure to timely file the annual report.

(2) (A) If trust funds have been misappropriated by the trustee or are not being handled as required by law, then the board shall apply to the circuit court in the county in which the cemetery is located to have a receiver or conservator appointed by the court to take custody of the trust funds for the benefit of the cestui que trust. (B) The receiver or conservator is vested with full power to file such suits against the defaulting trustee as may be necessary to require a full accounting and restoration of the trust funds and to turn the residue over to another trustee as the cemetery shall select, in conformity with this subchapter, as the new trustee of the permanent maintenance fund.

(A) If trust funds have been misappropriated by the trustee or are not being handled as required by law, then the board shall apply to the circuit court in the county in which the cemetery is located to have a receiver or conservator appointed by the court to take custody of the trust funds for the benefit of the cestui que trust.

(B) The receiver or conservator is vested with full power to file such suits against the defaulting trustee as may be necessary to require a full accounting and restoration of the trust funds and to turn the residue over to another trustee as the cemetery shall select, in conformity with this subchapter, as the new trustee of the permanent maintenance fund.

(3) If the trustee does not timely file the annual report required by subsection (a) of this section, the board may require the trustee to pay an additional contribution to the permanent maintenance fund of no more than fifty dollars ($50.00) per day until the report is filed with the board.

Amended by Act 2021, No. 731,§ 10, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 47, eff. 7/1/2018.

Amended by Act 2013, No. 390,§ 6, eff. 8/16/2013.

Acts 1977, No. 352, § 16; 1981, No. 512, § 4; A.S.A. 1947, § 82-426.16; Acts 1997, No. 295, § 8; 2011, No. 590, § 6.
Ark. Code Ann. § 20-47-208 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-208
Role of prosecuting attorney
Status: in_force

(a) (1) It shall be the duty of the prosecuting attorney's office in the county where the petition is filed to represent the petitioner, regardless of the petitioner's financial status, at all hearings held in the circuit court pursuant to this subchapter except those hearings held before the circuit judge at the Arkansas State Hospital in Pulaski County, Arkansas. (2) The Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the circuit judge at the Arkansas State Hospital. The prosecuting attorneys of applicable counties may contract with other attorneys to provide these services. (b) Such representation shall be a part of the official duties of the prosecuting attorney or of the Prosecutor Coordinator, and the prosecuting attorney and the Prosecutor Coordinator shall be immune from civil liability in the performance of this official duty. (c) Nothing in this section shall prevent the petitioner from retaining his or her own counsel in these proceedings, in which case the prosecuting attorney or the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner. Acts 1989, No. 861, § 13; 1989 (3rd Ex. Sess.), No. 72, § 3; 1997, No. 1224, § 2.

(a) (1) It shall be the duty of the prosecuting attorney's office in the county where the petition is filed to represent the petitioner, regardless of the petitioner's financial status, at all hearings held in the circuit court pursuant to this subchapter except those hearings held before the circuit judge at the Arkansas State Hospital in Pulaski County, Arkansas. (2) The Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the circuit judge at the Arkansas State Hospital. The prosecuting attorneys of applicable counties may contract with other attorneys to provide these services.

(1) It shall be the duty of the prosecuting attorney's office in the county where the petition is filed to represent the petitioner, regardless of the petitioner's financial status, at all hearings held in the circuit court pursuant to this subchapter except those hearings held before the circuit judge at the Arkansas State Hospital in Pulaski County, Arkansas.

(2) The Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the circuit judge at the Arkansas State Hospital. The prosecuting attorneys of applicable counties may contract with other attorneys to provide these services.

(b) Such representation shall be a part of the official duties of the prosecuting attorney or of the Prosecutor Coordinator, and the prosecuting attorney and the Prosecutor Coordinator shall be immune from civil liability in the performance of this official duty.

(c) Nothing in this section shall prevent the petitioner from retaining his or her own counsel in these proceedings, in which case the prosecuting attorney or the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner.

Acts 1989, No. 861, § 13; 1989 (3rd Ex. Sess.), No. 72, § 3; 1997, No. 1224, § 2.
Ark. Code Ann. § 20-6-102 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-102
Definitions
Status: in_force

As used in this subchapter: (1) "Advance directive" means an individual instruction or a written statement that anticipates and directs the provision of health care for an individual, including without limitation a living will or a durable power of attorney for health care; (2) "Agent" means an individual designated in an advance directive to make a healthcare decision for the individual granting the power; (3) "Capacity" means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a healthcare decision; (4) (A) "Durable power of attorney for health care" means a written advance directive that identifies an agent who is authorized to make healthcare decisions on behalf of the principal. (B) "Durable power of attorney for health care" includes without limitation a document appointing a healthcare proxy executed under § 20-17-202 ; (5) "Emancipated minor" means a minor who has been emancipated under § 9-27-362 ; (6) "Emergency responder" means a paid or volunteer firefighter, law enforcement officer, or other public safety official or volunteer acting within the scope of his or her proper function or rendering emergency care at the scene of an emergency; (7) "Guardian" means a judicially appointed guardian or conservator having authority to make a healthcare decision for an individual; (8) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, including medical care; (9) "Healthcare decision" means consent, refusal of consent, or withdrawal of consent to health care; (10) (A) "Healthcare institution" means an agency, institution, facility, or place, whether publicly or privately owned or operated, that provides healthcare services, medical treatment, or nursing or rehabilitative care to a person. (B) "Healthcare institution" includes without limitation: (i) An ambulatory surgical facility; (ii) A birthing center; (iii) A home health agency; (iv) A hospital; (v) An intermediate care facility for individuals with intellectual disabilities; (vi) A mental health center; (vii) An assisted living facility; (viii) A nursing home; (ix) An outpatient diagnostic center; (x) A residential treatment facility; (xi) A rehabilitation facility; and (xii) A hospice; (11) "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; (12) "Individual instruction" means an individual's direction concerning a healthcare decision for the individual; (13) (A) "Living will" means a written advance directive describing the principal's individual instructions for health care to be provided or withheld if the principal subsequently lacks decision-making capacity. (B) "Living will" includes without limitation a declaration executed under § 20-17-202 ; (14) "Medical care" means the diagnosis, cure, mitigation, treatment, or prevention of disease for the purpose of affecting any structure or function of the body; (15) "Person" means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity; (16) "Person authorized to consent on the principal's behalf" means: (A) A person authorized by law to consent on behalf of the principal when the principal is incapable of making an informed decision; or (B) In the case of a minor child, the parent or parents having custody of the child, the child's legal guardian, or another person as otherwise provided by law; (17) "Personally inform" means to communicate by any effective means from the principal directly to a healthcare provider; (18) "Physician" means an individual authorized to practice medicine or osteopathy in this state; (19) "Principal" means an individual who grants authority to another individual under this subchapter; (20) "Qualified emergency medical service personnel" includes without limitation emergency medical technicians, paramedics, or other emergency services personnel, providers, or entities acting within the usual course of their professions, and other emergency responders; (21) "Reasonably available" means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the principal's healthcare needs, including without limitation availability by telephone; (22) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States; (23) "Supervising healthcare provider" means a licensed physician or other authorized independent healthcare provider who has undertaken primary responsibility for an individual's health care; (24) "Surrogate" means an individual, other than a principal's agent or guardian, authorized under this subchapter to make a healthcare decision for the principal; and (25) "Treating healthcare provider" means a healthcare provider who is directly or indirectly involved in providing health care to the principal. Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Advance directive" means an individual instruction or a written statement that anticipates and directs the provision of health care for an individual, including without limitation a living will or a durable power of attorney for health care;

(2) "Agent" means an individual designated in an advance directive to make a healthcare decision for the individual granting the power;

(3) "Capacity" means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a healthcare decision;

(4) (A) "Durable power of attorney for health care" means a written advance directive that identifies an agent who is authorized to make healthcare decisions on behalf of the principal. (B) "Durable power of attorney for health care" includes without limitation a document appointing a healthcare proxy executed under § 20-17-202 ;

(A) "Durable power of attorney for health care" means a written advance directive that identifies an agent who is authorized to make healthcare decisions on behalf of the principal.

(B) "Durable power of attorney for health care" includes without limitation a document appointing a healthcare proxy executed under § 20-17-202 ;

(5) "Emancipated minor" means a minor who has been emancipated under § 9-27-362 ;

(6) "Emergency responder" means a paid or volunteer firefighter, law enforcement officer, or other public safety official or volunteer acting within the scope of his or her proper function or rendering emergency care at the scene of an emergency;

(7) "Guardian" means a judicially appointed guardian or conservator having authority to make a healthcare decision for an individual;

(8) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, including medical care;

(9) "Healthcare decision" means consent, refusal of consent, or withdrawal of consent to health care;

(10) (A) "Healthcare institution" means an agency, institution, facility, or place, whether publicly or privately owned or operated, that provides healthcare services, medical treatment, or nursing or rehabilitative care to a person. (B) "Healthcare institution" includes without limitation: (i) An ambulatory surgical facility; (ii) A birthing center; (iii) A home health agency; (iv) A hospital; (v) An intermediate care facility for individuals with intellectual disabilities; (vi) A mental health center; (vii) An assisted living facility; (viii) A nursing home; (ix) An outpatient diagnostic center; (x) A residential treatment facility; (xi) A rehabilitation facility; and (xii) A hospice;

(A) "Healthcare institution" means an agency, institution, facility, or place, whether publicly or privately owned or operated, that provides healthcare services, medical treatment, or nursing or rehabilitative care to a person.

(B) "Healthcare institution" includes without limitation: (i) An ambulatory surgical facility; (ii) A birthing center; (iii) A home health agency; (iv) A hospital; (v) An intermediate care facility for individuals with intellectual disabilities; (vi) A mental health center; (vii) An assisted living facility; (viii) A nursing home; (ix) An outpatient diagnostic center; (x) A residential treatment facility; (xi) A rehabilitation facility; and (xii) A hospice;

(i) An ambulatory surgical facility;

(ii) A birthing center;

(iii) A home health agency;

(iv) A hospital;

(v) An intermediate care facility for individuals with intellectual disabilities;

(vi) A mental health center;

(vii) An assisted living facility;

(viii) A nursing home;

(ix) An outpatient diagnostic center;

(x) A residential treatment facility;

(xi) A rehabilitation facility; and

(xii) A hospice;

(11) "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;

(12) "Individual instruction" means an individual's direction concerning a healthcare decision for the individual;

(13) (A) "Living will" means a written advance directive describing the principal's individual instructions for health care to be provided or withheld if the principal subsequently lacks decision-making capacity. (B) "Living will" includes without limitation a declaration executed under § 20-17-202 ;

(A) "Living will" means a written advance directive describing the principal's individual instructions for health care to be provided or withheld if the principal subsequently lacks decision-making capacity.

(B) "Living will" includes without limitation a declaration executed under § 20-17-202 ;

(14) "Medical care" means the diagnosis, cure, mitigation, treatment, or prevention of disease for the purpose of affecting any structure or function of the body;

(15) "Person" means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity;

(16) "Person authorized to consent on the principal's behalf" means: (A) A person authorized by law to consent on behalf of the principal when the principal is incapable of making an informed decision; or (B) In the case of a minor child, the parent or parents having custody of the child, the child's legal guardian, or another person as otherwise provided by law;

(A) A person authorized by law to consent on behalf of the principal when the principal is incapable of making an informed decision; or

(B) In the case of a minor child, the parent or parents having custody of the child, the child's legal guardian, or another person as otherwise provided by law;

(17) "Personally inform" means to communicate by any effective means from the principal directly to a healthcare provider;

(18) "Physician" means an individual authorized to practice medicine or osteopathy in this state;

(19) "Principal" means an individual who grants authority to another individual under this subchapter;

(20) "Qualified emergency medical service personnel" includes without limitation emergency medical technicians, paramedics, or other emergency services personnel, providers, or entities acting within the usual course of their professions, and other emergency responders;

(21) "Reasonably available" means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the principal's healthcare needs, including without limitation availability by telephone;

(22) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States;

(23) "Supervising healthcare provider" means a licensed physician or other authorized independent healthcare provider who has undertaken primary responsibility for an individual's health care;

(24) "Surrogate" means an individual, other than a principal's agent or guardian, authorized under this subchapter to make a healthcare decision for the principal; and

(25) "Treating healthcare provider" means a healthcare provider who is directly or indirectly involved in providing health care to the principal.

Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-77-805 — AR Code / Title 20 / Chapter 77 / Subchapter 8 / Section 20-77-805
Administration of medication
Status: in_force

When the home intravenous drug therapy medication must be administered by a licensed healthcare professional, the administration of this medication shall be provided by a licensed home health agency. Acts 1993, No. 918, § 2.

When the home intravenous drug therapy medication must be administered by a licensed healthcare professional, the administration of this medication shall be provided by a licensed home health agency.

Acts 1993, No. 918, § 2.
Ark. Code Ann. § 20-56-413 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-413
[See Note] Rules
Status: in_force

The Director of Arkansas Tobacco Control and Arkansas Tobacco Control may promulgate rules for the proper enforcement of their powers and duties under this subchapter, including without limitation the regulation of processing, transportation, delivery, sale, and purchase of hemp-derived products in accordance with this subchapter and the power to levy penalties for violations of this subchapter. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

The Director of Arkansas Tobacco Control and Arkansas Tobacco Control may promulgate rules for the proper enforcement of their powers and duties under this subchapter, including without limitation the regulation of processing, transportation, delivery, sale, and purchase of hemp-derived products in accordance with this subchapter and the power to levy penalties for violations of this subchapter.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-14-508 — AR Code / Title 20 / Chapter 14 / Subchapter 5 / Section 20-14-508
State Interagency Council
Status: in_force

(a) (1) A State Interagency Council composed of at least fifteen (15) members with a maximum of twenty-five (25) members is established. (2) The council members and the cochairs of the council shall be appointed by the Governor for a term of three (3) years. One (1) cochair shall be the parent of a child specified in subdivision (b)(1) of this section. In making appointments to the council, the Governor shall ensure that the membership reasonably represents the population of the state. (b) The council shall be composed of the following: (1) At least twenty percent (20%) of the membership shall include parents, including minorities, of infants and toddlers with disabilities, or a child with a disability who is twelve (12) years of age or younger, with knowledge of or experience with programs for infants and toddlers with disabilities, and at least one (1) of the members shall be a parent of a child who is six (6) years of age or under; (2) At least twenty percent (20%) of the members shall be public or private providers of early intervention services; (3) At least one (1) member shall be a member of the General Assembly; (4) At least one (1) member shall be involved in personnel preparation; (5) At least one (1) member shall be from an agency involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families; (6) At least one (1) member shall be from the state educational agency responsible for preschool services to children with disabilities and shall have sufficient authority to engage in policy planning and implementation on behalf of the agency; (7) At least one (1) member shall be from the state agency responsible for the Arkansas Medicaid Program; (8) At least one (1) member shall be a representative from a Head Start agency or similar program in the state; (9) At least one (1) member shall be a representative from a state agency responsible for child care; (10) At least one (1) member shall be from the state agency responsible for the regulation of health insurance; (11) At least one (1) member shall be a representative designated by the Office of Coordinator for Education of Homeless Children and Youths; (12) At least one (1) member shall be a representative from the state child welfare agency responsible for foster care; and (13) At least one (1) member shall be a representative from the state agency responsible for children's mental health. (c) The council shall meet at least quarterly and in those places that it deems necessary. The meetings shall be publicly announced and, to the extent appropriate, open and accessible to the general public. (d) The council shall: (1) Advise and assist the lead agency designated in § 20-14-503(b)(9) in the performance of the responsibilities set out in Pub. L. No. 99-457 and in preparation of the budget required, particularly the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements; (2) Advise and assist the lead agency in the preparation of applications and amendments thereto; and (3) Prepare and submit an annual report to the Governor and to the United States Secretary of Education on the status of early intervention programs for infants and toddlers with disabilities and their families which are operated within the state. (e) No member shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law. (f) The members shall not receive compensation for their services as members but may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2017, No. 540,§ 45, eff. 8/1/2017. Acts 1987, No. 658, § 8; 1991, No. 1017, § 3; 1993, No. 937, § 2; 1997, No. 250, §§ 185, 186; 2001, No. 1288, § 17.

(a) (1) A State Interagency Council composed of at least fifteen (15) members with a maximum of twenty-five (25) members is established. (2) The council members and the cochairs of the council shall be appointed by the Governor for a term of three (3) years. One (1) cochair shall be the parent of a child specified in subdivision (b)(1) of this section. In making appointments to the council, the Governor shall ensure that the membership reasonably represents the population of the state.

(1) A State Interagency Council composed of at least fifteen (15) members with a maximum of twenty-five (25) members is established.

(2) The council members and the cochairs of the council shall be appointed by the Governor for a term of three (3) years. One (1) cochair shall be the parent of a child specified in subdivision (b)(1) of this section. In making appointments to the council, the Governor shall ensure that the membership reasonably represents the population of the state.

(b) The council shall be composed of the following: (1) At least twenty percent (20%) of the membership shall include parents, including minorities, of infants and toddlers with disabilities, or a child with a disability who is twelve (12) years of age or younger, with knowledge of or experience with programs for infants and toddlers with disabilities, and at least one (1) of the members shall be a parent of a child who is six (6) years of age or under; (2) At least twenty percent (20%) of the members shall be public or private providers of early intervention services; (3) At least one (1) member shall be a member of the General Assembly; (4) At least one (1) member shall be involved in personnel preparation; (5) At least one (1) member shall be from an agency involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families; (6) At least one (1) member shall be from the state educational agency responsible for preschool services to children with disabilities and shall have sufficient authority to engage in policy planning and implementation on behalf of the agency; (7) At least one (1) member shall be from the state agency responsible for the Arkansas Medicaid Program; (8) At least one (1) member shall be a representative from a Head Start agency or similar program in the state; (9) At least one (1) member shall be a representative from a state agency responsible for child care; (10) At least one (1) member shall be from the state agency responsible for the regulation of health insurance; (11) At least one (1) member shall be a representative designated by the Office of Coordinator for Education of Homeless Children and Youths; (12) At least one (1) member shall be a representative from the state child welfare agency responsible for foster care; and (13) At least one (1) member shall be a representative from the state agency responsible for children's mental health.

(1) At least twenty percent (20%) of the membership shall include parents, including minorities, of infants and toddlers with disabilities, or a child with a disability who is twelve (12) years of age or younger, with knowledge of or experience with programs for infants and toddlers with disabilities, and at least one (1) of the members shall be a parent of a child who is six (6) years of age or under;

(2) At least twenty percent (20%) of the members shall be public or private providers of early intervention services;

(3) At least one (1) member shall be a member of the General Assembly;

(4) At least one (1) member shall be involved in personnel preparation;

(5) At least one (1) member shall be from an agency involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families;

(6) At least one (1) member shall be from the state educational agency responsible for preschool services to children with disabilities and shall have sufficient authority to engage in policy planning and implementation on behalf of the agency;

(7) At least one (1) member shall be from the state agency responsible for the Arkansas Medicaid Program;

(8) At least one (1) member shall be a representative from a Head Start agency or similar program in the state;

(9) At least one (1) member shall be a representative from a state agency responsible for child care;

(10) At least one (1) member shall be from the state agency responsible for the regulation of health insurance;

(11) At least one (1) member shall be a representative designated by the Office of Coordinator for Education of Homeless Children and Youths;

(12) At least one (1) member shall be a representative from the state child welfare agency responsible for foster care; and

(13) At least one (1) member shall be a representative from the state agency responsible for children's mental health.

(c) The council shall meet at least quarterly and in those places that it deems necessary. The meetings shall be publicly announced and, to the extent appropriate, open and accessible to the general public.

(d) The council shall: (1) Advise and assist the lead agency designated in § 20-14-503(b)(9) in the performance of the responsibilities set out in Pub. L. No. 99-457 and in preparation of the budget required, particularly the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements; (2) Advise and assist the lead agency in the preparation of applications and amendments thereto; and (3) Prepare and submit an annual report to the Governor and to the United States Secretary of Education on the status of early intervention programs for infants and toddlers with disabilities and their families which are operated within the state.

(1) Advise and assist the lead agency designated in § 20-14-503(b)(9) in the performance of the responsibilities set out in Pub. L. No. 99-457 and in preparation of the budget required, particularly the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements;

(2) Advise and assist the lead agency in the preparation of applications and amendments thereto; and

(3) Prepare and submit an annual report to the Governor and to the United States Secretary of Education on the status of early intervention programs for infants and toddlers with disabilities and their families which are operated within the state.

(e) No member shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law.

(f) The members shall not receive compensation for their services as members but may receive expense reimbursement in accordance with § 25-16-901 et seq.

Amended by Act 2017, No. 540,§ 45, eff. 8/1/2017.

Acts 1987, No. 658, § 8; 1991, No. 1017, § 3; 1993, No. 937, § 2; 1997, No. 250, §§ 185, 186; 2001, No. 1288, § 17.
Ark. Code Ann. § 20-10-1703 — AR Code / Title 20 / Chapter 10 / Subchapter 17 / Section 20-10-1703
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Assisted living facility" means any building or buildings, section or distinct part of a building, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide assisted living services for a period exceeding twenty-four (24) hours to more than three (3) adult residents of the facility who are not relatives of the owner or administrator. (B) "Assisted living facility" includes those facilities which provide assisted living services either directly or through contractual arrangements or which facilitate contracting in the name of residents; (2) "Assisted living program" means a program of assisted living services; (3) "Assisted living services" means housing, meals, laundry, socialization, transportation, one (1) or more personal services, and limited nursing services; (4) (A) "Limited nursing services" means acts that may be performed by licensed personnel while carrying out their professional duties, but limited to those acts that the Department of Human Services specifies by rule. (B) Acts that may be specified by rule as allowable limited nursing services shall be for persons who meet the admission criteria established by the department for assisted living facilities, shall not be complex enough to require twenty-four-hour nursing supervision, and may include such services as the application and care of routine dressings and care of casts, braces, and splints; (5) "Person" means an individual, partnership, association, corporation, or other entity; (6) (A) "Personal services" means assistance with or supervision of the activities of daily living and self-administration of medication and other similar services as the department may define by rule. (B) "Personal services" shall not be construed to mean the provision of medical, dental, or alcohol and drug abuse treatment or mental health services; and (7) "Twenty-four-hour nursing" means services that are ordered by a physician for a resident whose condition requires the supervision of a physician and continued monitoring of vital signs and physical status and whose condition is medically complex enough to require on-site nursing supervision on a twenty-four-hour-per-day basis. Amended by Act 2019, No. 389,§ 21, eff. 7/24/2019. Acts 2001, No. 1230, § 3.

As used in this subchapter:

(1) (A) "Assisted living facility" means any building or buildings, section or distinct part of a building, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide assisted living services for a period exceeding twenty-four (24) hours to more than three (3) adult residents of the facility who are not relatives of the owner or administrator. (B) "Assisted living facility" includes those facilities which provide assisted living services either directly or through contractual arrangements or which facilitate contracting in the name of residents;

(A) "Assisted living facility" means any building or buildings, section or distinct part of a building, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide assisted living services for a period exceeding twenty-four (24) hours to more than three (3) adult residents of the facility who are not relatives of the owner or administrator.

(B) "Assisted living facility" includes those facilities which provide assisted living services either directly or through contractual arrangements or which facilitate contracting in the name of residents;

(2) "Assisted living program" means a program of assisted living services;

(3) "Assisted living services" means housing, meals, laundry, socialization, transportation, one (1) or more personal services, and limited nursing services;

(4) (A) "Limited nursing services" means acts that may be performed by licensed personnel while carrying out their professional duties, but limited to those acts that the Department of Human Services specifies by rule. (B) Acts that may be specified by rule as allowable limited nursing services shall be for persons who meet the admission criteria established by the department for assisted living facilities, shall not be complex enough to require twenty-four-hour nursing supervision, and may include such services as the application and care of routine dressings and care of casts, braces, and splints;

(A) "Limited nursing services" means acts that may be performed by licensed personnel while carrying out their professional duties, but limited to those acts that the Department of Human Services specifies by rule.

(B) Acts that may be specified by rule as allowable limited nursing services shall be for persons who meet the admission criteria established by the department for assisted living facilities, shall not be complex enough to require twenty-four-hour nursing supervision, and may include such services as the application and care of routine dressings and care of casts, braces, and splints;

(5) "Person" means an individual, partnership, association, corporation, or other entity;

(6) (A) "Personal services" means assistance with or supervision of the activities of daily living and self-administration of medication and other similar services as the department may define by rule. (B) "Personal services" shall not be construed to mean the provision of medical, dental, or alcohol and drug abuse treatment or mental health services; and

(A) "Personal services" means assistance with or supervision of the activities of daily living and self-administration of medication and other similar services as the department may define by rule.

(B) "Personal services" shall not be construed to mean the provision of medical, dental, or alcohol and drug abuse treatment or mental health services; and

(7) "Twenty-four-hour nursing" means services that are ordered by a physician for a resident whose condition requires the supervision of a physician and continued monitoring of vital signs and physical status and whose condition is medically complex enough to require on-site nursing supervision on a twenty-four-hour-per-day basis.

Amended by Act 2019, No. 389,§ 21, eff. 7/24/2019.

Acts 2001, No. 1230, § 3.
Ark. Code Ann. § 20-77-1710 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1710
Delivery of files
Status: in_force

(a) If the Department of Human Services makes an adverse decision in a Medicaid case and a provider then lodges an administrative appeal, the department shall deliver to the provider well in advance of the appeal its file on the matter so that the provider will have time to prepare for the appeal. (b) The file shall include the records of any utilization review contractor or other agent, subject to any other federal or state law regarding confidentiality restrictions. Acts 2005, No. 1758, § 1.

(a) If the Department of Human Services makes an adverse decision in a Medicaid case and a provider then lodges an administrative appeal, the department shall deliver to the provider well in advance of the appeal its file on the matter so that the provider will have time to prepare for the appeal.

(b) The file shall include the records of any utilization review contractor or other agent, subject to any other federal or state law regarding confidentiality restrictions.

Acts 2005, No. 1758, § 1.
Ark. Code Ann. § 20-77-2702 — AR Code / Title 20 / Chapter 77 / Subchapter 27 / Section 20-77-2702
Legislative intent and purpose
Status: in_force

(a) As the single state agency for administration of the medical assistance programs established under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., the Department of Human Services is authorized by federal law to utilize one (1) or more organizations for providing healthcare services to Medicaid beneficiary populations. (b) The purpose of this subchapter is to establish a Medicaid provider-led organized care system that administers and delivers healthcare services for a member of an enrollable Medicaid beneficiary population in return for payment. (c) It is the intent of the General Assembly that the Medicaid provider-led organized care system created by the department shall: (1) Improve the experience of health care, including without limitation quality of care, access to care, and reliability of care, for enrollable Medicaid beneficiary populations; (2) Enhance the performance of the broader healthcare system leading to improved overall population health; (3) Slow or reverse spending growth for enrollable Medicaid beneficiary populations and for covered services while maintaining quality of care and access to care; (4) Further the objectives of Arkansas payment reforms and the state's ongoing commitment to innovation; (5) Discourage excessive use of services; (6) Reduce waste, fraud, and abuse; (7) Encourage the most efficient use of taxpayer funds; and (8) Operate under federal guidelines for patient rights. Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.

(a) As the single state agency for administration of the medical assistance programs established under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., the Department of Human Services is authorized by federal law to utilize one (1) or more organizations for providing healthcare services to Medicaid beneficiary populations.

(b) The purpose of this subchapter is to establish a Medicaid provider-led organized care system that administers and delivers healthcare services for a member of an enrollable Medicaid beneficiary population in return for payment.

(c) It is the intent of the General Assembly that the Medicaid provider-led organized care system created by the department shall: (1) Improve the experience of health care, including without limitation quality of care, access to care, and reliability of care, for enrollable Medicaid beneficiary populations; (2) Enhance the performance of the broader healthcare system leading to improved overall population health; (3) Slow or reverse spending growth for enrollable Medicaid beneficiary populations and for covered services while maintaining quality of care and access to care; (4) Further the objectives of Arkansas payment reforms and the state's ongoing commitment to innovation; (5) Discourage excessive use of services; (6) Reduce waste, fraud, and abuse; (7) Encourage the most efficient use of taxpayer funds; and (8) Operate under federal guidelines for patient rights.

(1) Improve the experience of health care, including without limitation quality of care, access to care, and reliability of care, for enrollable Medicaid beneficiary populations;

(2) Enhance the performance of the broader healthcare system leading to improved overall population health;

(3) Slow or reverse spending growth for enrollable Medicaid beneficiary populations and for covered services while maintaining quality of care and access to care;

(4) Further the objectives of Arkansas payment reforms and the state's ongoing commitment to innovation;

(5) Discourage excessive use of services;

(6) Reduce waste, fraud, and abuse;

(7) Encourage the most efficient use of taxpayer funds; and

(8) Operate under federal guidelines for patient rights.

Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Ark. Code Ann. § 20-77-905 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-905
Order compelling testimony or production of evidence - Immunity - Contempt
Status: in_force

(a) (1) (A) In any proceeding or investigation under this subchapter, if a person refuses to answer a question or produce evidence of any kind on the ground that he or she may be incriminated and if the Attorney General or prosecuting attorney requests the court in writing to order the person to answer the question or produce the evidence, the court may make this order, and the person shall comply with the order. (B) If the court denies the request, the court shall state its reasons for the denial in writing. (2) After complying, the testimony or evidence or any information directly derived from the testimony or evidence shall not be used against the person in any proceeding or prosecution of a crime or offense concerning which he or she gave an answer or produced evidence under the court order. (3) Immunity obtained pursuant to this section does not exempt any person from prosecution, penalty, or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer or in producing or failing to produce evidence in accordance with the order. (b) If a person refuses to testify after being granted immunity and after being ordered to testify as prescribed in subsection (a) of this section, he or she may be adjudged in contempt. Acts 1993, No. 1299, § 6.

(a) (1) (A) In any proceeding or investigation under this subchapter, if a person refuses to answer a question or produce evidence of any kind on the ground that he or she may be incriminated and if the Attorney General or prosecuting attorney requests the court in writing to order the person to answer the question or produce the evidence, the court may make this order, and the person shall comply with the order. (B) If the court denies the request, the court shall state its reasons for the denial in writing. (2) After complying, the testimony or evidence or any information directly derived from the testimony or evidence shall not be used against the person in any proceeding or prosecution of a crime or offense concerning which he or she gave an answer or produced evidence under the court order. (3) Immunity obtained pursuant to this section does not exempt any person from prosecution, penalty, or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer or in producing or failing to produce evidence in accordance with the order.

(1) (A) In any proceeding or investigation under this subchapter, if a person refuses to answer a question or produce evidence of any kind on the ground that he or she may be incriminated and if the Attorney General or prosecuting attorney requests the court in writing to order the person to answer the question or produce the evidence, the court may make this order, and the person shall comply with the order. (B) If the court denies the request, the court shall state its reasons for the denial in writing.

(A) In any proceeding or investigation under this subchapter, if a person refuses to answer a question or produce evidence of any kind on the ground that he or she may be incriminated and if the Attorney General or prosecuting attorney requests the court in writing to order the person to answer the question or produce the evidence, the court may make this order, and the person shall comply with the order.

(B) If the court denies the request, the court shall state its reasons for the denial in writing.

(2) After complying, the testimony or evidence or any information directly derived from the testimony or evidence shall not be used against the person in any proceeding or prosecution of a crime or offense concerning which he or she gave an answer or produced evidence under the court order.

(3) Immunity obtained pursuant to this section does not exempt any person from prosecution, penalty, or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer or in producing or failing to produce evidence in accordance with the order.

(b) If a person refuses to testify after being granted immunity and after being ordered to testify as prescribed in subsection (a) of this section, he or she may be adjudged in contempt.

Acts 1993, No. 1299, § 6.
Ark. Code Ann. § 20-16-1405 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1405
Abortion of unborn child of 20 or more weeks post-fertilization age prohibited
Status: in_force

(a) (1) A person shall not perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies that the probable post-fertilization age of the unborn child of the woman is twenty (20) or more weeks. (2) (A) However, subdivision (a)(1) of this section does not apply if, in reasonable medical judgment, the pregnant woman has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions. (B) A condition creating an exemption under subdivision (a)(2)(A) of this section shall not be deemed to exist if the condition is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. (3) (A) Subdivision (a)(1) of this section does not apply if the pregnancy results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest. (b) (1) When an abortion upon a woman whose unborn child has been determined under subdivision (a)(1) of this section to have a probable post-fertilization age of twenty (20) or more weeks is not prohibited by this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. (2) (A) However, subdivision (b)(1) of this section does not apply if, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods. (B) A risk creating an exemption under subdivision (b)(2)(A) of this section shall not be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. Amended by Act 2021, No. 787,§ 5, eff. 7/28/2021. Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

(a) (1) A person shall not perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies that the probable post-fertilization age of the unborn child of the woman is twenty (20) or more weeks. (2) (A) However, subdivision (a)(1) of this section does not apply if, in reasonable medical judgment, the pregnant woman has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions. (B) A condition creating an exemption under subdivision (a)(2)(A) of this section shall not be deemed to exist if the condition is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. (3) (A) Subdivision (a)(1) of this section does not apply if the pregnancy results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest.

(1) A person shall not perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies that the probable post-fertilization age of the unborn child of the woman is twenty (20) or more weeks.

(2) (A) However, subdivision (a)(1) of this section does not apply if, in reasonable medical judgment, the pregnant woman has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions. (B) A condition creating an exemption under subdivision (a)(2)(A) of this section shall not be deemed to exist if the condition is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

(A) However, subdivision (a)(1) of this section does not apply if, in reasonable medical judgment, the pregnant woman has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.

(B) A condition creating an exemption under subdivision (a)(2)(A) of this section shall not be deemed to exist if the condition is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

(3) (A) Subdivision (a)(1) of this section does not apply if the pregnancy results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest.

(A) Subdivision (a)(1) of this section does not apply if the pregnancy results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement.

(B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest.

(i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and

(ii) Report to the Department of Health the number of abortions performed because of rape or incest.

(b) (1) When an abortion upon a woman whose unborn child has been determined under subdivision (a)(1) of this section to have a probable post-fertilization age of twenty (20) or more weeks is not prohibited by this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. (2) (A) However, subdivision (b)(1) of this section does not apply if, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods. (B) A risk creating an exemption under subdivision (b)(2)(A) of this section shall not be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

(1) When an abortion upon a woman whose unborn child has been determined under subdivision (a)(1) of this section to have a probable post-fertilization age of twenty (20) or more weeks is not prohibited by this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive.

(2) (A) However, subdivision (b)(1) of this section does not apply if, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods. (B) A risk creating an exemption under subdivision (b)(2)(A) of this section shall not be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

(A) However, subdivision (b)(1) of this section does not apply if, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman, not including psychological or emotional conditions, than would other available methods.

(B) A risk creating an exemption under subdivision (b)(2)(A) of this section shall not be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

Amended by Act 2021, No. 787,§ 5, eff. 7/28/2021.

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-61-304 — AR Code / Title 20 / Chapter 61 / Subchapter 3 / Section 20-61-304
Rules
Status: in_force

The Director of the Arkansas Bureau of Standards is authorized to promulgate such rules as may be necessary for the efficient enforcement of this subchapter. Amended by Act 2019, No. 315,§ 2225, eff. 7/24/2019. Acts 1981, No. 77, § 3; A.S.A. 1947, § 82-995.3.

The Director of the Arkansas Bureau of Standards is authorized to promulgate such rules as may be necessary for the efficient enforcement of this subchapter.

Amended by Act 2019, No. 315,§ 2225, eff. 7/24/2019.

Acts 1981, No. 77, § 3; A.S.A. 1947, § 82-995.3.
Ark. Code Ann. § 20-27-1701 — AR Code / Title 20 / Chapter 27 / Subchapter 17 / Section 20-27-1701
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) The unexpected death of infants and children is an important public health concern; (2) The collection of data on the causes of unexpected deaths will enable the State of Arkansas to protect some infants and children from preventable deaths and help reduce the incidence of these deaths; and (3) Multidisciplinary and multiagency review of infant and child deaths can assist this state in investigating infant and child deaths, developing a greater understanding of the incidence and causes of these deaths and the methods for prevention, and identifying the gaps in services to children and families. (b) The purpose of this subchapter is to: (1) Identify the causes of death of children under eighteen (18) years of age; and (2) Reduce the incidence of injury and death to children by requiring a death review to be performed in all cases of unexpected deaths of children under eighteen (18) years of age. Acts 2005, No. 1818, § 1.

(a) The General Assembly finds that: (1) The unexpected death of infants and children is an important public health concern; (2) The collection of data on the causes of unexpected deaths will enable the State of Arkansas to protect some infants and children from preventable deaths and help reduce the incidence of these deaths; and (3) Multidisciplinary and multiagency review of infant and child deaths can assist this state in investigating infant and child deaths, developing a greater understanding of the incidence and causes of these deaths and the methods for prevention, and identifying the gaps in services to children and families.

(1) The unexpected death of infants and children is an important public health concern;

(2) The collection of data on the causes of unexpected deaths will enable the State of Arkansas to protect some infants and children from preventable deaths and help reduce the incidence of these deaths; and

(3) Multidisciplinary and multiagency review of infant and child deaths can assist this state in investigating infant and child deaths, developing a greater understanding of the incidence and causes of these deaths and the methods for prevention, and identifying the gaps in services to children and families.

(b) The purpose of this subchapter is to: (1) Identify the causes of death of children under eighteen (18) years of age; and (2) Reduce the incidence of injury and death to children by requiring a death review to be performed in all cases of unexpected deaths of children under eighteen (18) years of age.

(1) Identify the causes of death of children under eighteen (18) years of age; and

(2) Reduce the incidence of injury and death to children by requiring a death review to be performed in all cases of unexpected deaths of children under eighteen (18) years of age.

Acts 2005, No. 1818, § 1.
Ark. Code Ann. § 20-27-1802 — AR Code / Title 20 / Chapter 27 / Subchapter 18 / Section 20-27-1802
Findings
Status: in_force

(a) Information available to the General Assembly based upon scientific research data has shown that nonsmokers often receive damage to their health from the smoking of tobacco by others. (b) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of those who are smoking nearby are major causes of preventable diseases and death. (c) Secondhand smoke is a known cause of lung cancer, heart disease, chronic lung ailments such as bronchitis and asthma, particularly in children, and low birth-weight births. (d) Implementing laws that prohibit tobacco usage in certain public areas, buildings, and facilities is an effective approach to reducing secondhand smoke exposure among nonsmokers. (e) It is therefore declared to be the public policy of this state that the rights of Arkansans be protected in the manner provided in this subchapter. Acts 2006 (1st Ex. Sess.), No. 8, § 1.

(a) Information available to the General Assembly based upon scientific research data has shown that nonsmokers often receive damage to their health from the smoking of tobacco by others.

(b) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of those who are smoking nearby are major causes of preventable diseases and death.

(c) Secondhand smoke is a known cause of lung cancer, heart disease, chronic lung ailments such as bronchitis and asthma, particularly in children, and low birth-weight births.

(d) Implementing laws that prohibit tobacco usage in certain public areas, buildings, and facilities is an effective approach to reducing secondhand smoke exposure among nonsmokers.

(e) It is therefore declared to be the public policy of this state that the rights of Arkansans be protected in the manner provided in this subchapter.

Acts 2006 (1st Ex. Sess.), No. 8, § 1.
Ark. Code Ann. § 20-23-201 — AR Code / Title 20 / Chapter 23 / Subchapter 2 / Section 20-23-201
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 47, eff. 8/1/2017. Acts 1961, No. 494, § 2; 1975, No. 162, § 1; 1979, No. 526, § 1; 1981, No. 9, § 1; 1983, No. 303, § 1; A.S.A. 1947, § 81-502; Acts 1993, No. 477, § 2; 1997, No. 238, § 1; 1997, No. 250, § 196; 1999, No. 982, § 5; 2003, No. 619, § 1.

Repealed by Act 2017, No. 540,§ 47, eff. 8/1/2017.

Acts 1961, No. 494, § 2; 1975, No. 162, § 1; 1979, No. 526, § 1; 1981, No. 9, § 1; 1983, No. 303, § 1; A.S.A. 1947, § 81-502; Acts 1993, No. 477, § 2; 1997, No. 238, § 1; 1997, No. 250, § 196; 1999, No. 982, § 5; 2003, No. 619, § 1.
Ark. Code Ann. § 20-27-2202 — AR Code / Title 20 / Chapter 27 / Subchapter 22 / Section 20-27-2202
Consent required
Status: in_force

Before allowing an initial exposure at a tanning facility of a person under eighteen (18) years of age, the owner or operator shall witness the person's parent or legal guardian signing and dating a warning statement as follows: "WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER - ULTRAVIOLET RADIATION WARNING Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. I have read the above warning and understand what it means before undertaking any tanning equipment exposure. __________________ __________________ Signature of Operator of Tanning Facility or Equipment __________________ Signature of parent or legal guardian __________________ Print name of minor and parent or legal guardian __________________ Date OR The consumer is illiterate or visually impaired, or both, and I have read the warning statement aloud and in full to the consumer in the presence of the below signed witness. __________________ __________________ Signature of Operator of Tanning Facility or Equipment __________________ Witness __________________ Date" Acts 2009, No. 707, § 1.

Before allowing an initial exposure at a tanning facility of a person under eighteen (18) years of age, the owner or operator shall witness the person's parent or legal guardian signing and dating a warning statement as follows:

"WARNING STATEMENT

This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility.

DANGER - ULTRAVIOLET RADIATION WARNING

Follow instructions.

Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.

Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.

I have read the above warning and understand what it means before undertaking any tanning equipment exposure.

__________________ __________________

Signature of Operator of Tanning Facility or Equipment

__________________

Signature of parent or legal guardian

__________________

Print name of minor and parent or legal guardian

__________________

Date

OR

The consumer is illiterate or visually impaired, or both, and I have read the warning statement aloud and in full to the consumer in the presence of the below signed witness.

__________________ __________________

Signature of Operator of Tanning Facility or Equipment

__________________

Witness

__________________

Date"

Acts 2009, No. 707, § 1.
Ark. Code Ann. § 20-86-106 — AR Code / Title 20 / Chapter 86 / Section 20-86-106
Individual development account
Status: in_force

(a) (1) An individual who is a resident of this state may submit an application to open an individual development account to a fiduciary organization approved by the Division of Workforce Services pursuant to the provisions of § 20-86-105 . (2) The fiduciary organization shall approve the application only if: (A) The individual has gross household income from all sources for the calendar year preceding the year in which the application is made that does not exceed one hundred eighty-five percent (185%) of the federal poverty level; and (B) The individual's household net worth at the time the individual development account is opened does not exceed ten thousand dollars ($10,000) disregarding the primary dwelling and one (1) motor vehicle owned by the household. (b) An individual opening an individual development account shall be required to enter into an individual development account agreement with the fiduciary organization. (c) The fiduciary organization shall be responsible for coordinating arrangements between the individual and a financial institution to open the individual's individual development account. (d) (1) (A) Each fiduciary organization shall provide written notification to each of its eligible individual development account holders of the amount of matching funds provided by the fiduciary to which each such individual development account holder is entitled. (B) Such notification shall be made at such intervals as the fiduciary organization deems appropriate but shall be required to be made at least one (1) time each calendar year. (2) The amount of such matching funds for each individual development account holder shall be three dollars ($3.00) for each one dollar ($1.00) contributed to the individual development account by the individual development account holder during the preceding calendar year. The amount of such matching funds shall not exceed two thousand dollars ($2,000) per individual development account holder or four thousand dollars ($4,000) per household. (3) If the amount of matching funds available is insufficient to disburse the maximum amounts specified in this subsection, amounts of disbursements shall be reduced proportionately based upon available funds. (e) If an individual development account holder has gross household income from all sources for a calendar year which exceeds one hundred eighty-five percent (185%) of the federal poverty level, the individual development account holder shall not be eligible to receive funds pursuant to the provisions of subsection (d) of this section in the following year. (f) (1) In the event of an individual development account holder's death, the individual development account may be transferred to the ownership of a contingent beneficiary or beneficiaries. An individual development account holder shall name a contingent beneficiary or beneficiaries at the time that the individual development account is established and may change the beneficiary or beneficiaries at any time. (2) If the named beneficiary or beneficiaries are deceased or cannot otherwise accept the transfer, the moneys shall be transferred to the fiduciary organization to redistribute as matching funds. Amended by Act 2019, No. 910,§ 563, eff. 7/1/2019. Acts 1999, No. 1217, § 6; 2007, No. 252, § 3.

(a) (1) An individual who is a resident of this state may submit an application to open an individual development account to a fiduciary organization approved by the Division of Workforce Services pursuant to the provisions of § 20-86-105 . (2) The fiduciary organization shall approve the application only if: (A) The individual has gross household income from all sources for the calendar year preceding the year in which the application is made that does not exceed one hundred eighty-five percent (185%) of the federal poverty level; and (B) The individual's household net worth at the time the individual development account is opened does not exceed ten thousand dollars ($10,000) disregarding the primary dwelling and one (1) motor vehicle owned by the household.

(1) An individual who is a resident of this state may submit an application to open an individual development account to a fiduciary organization approved by the Division of Workforce Services pursuant to the provisions of § 20-86-105 .

(2) The fiduciary organization shall approve the application only if: (A) The individual has gross household income from all sources for the calendar year preceding the year in which the application is made that does not exceed one hundred eighty-five percent (185%) of the federal poverty level; and (B) The individual's household net worth at the time the individual development account is opened does not exceed ten thousand dollars ($10,000) disregarding the primary dwelling and one (1) motor vehicle owned by the household.

(A) The individual has gross household income from all sources for the calendar year preceding the year in which the application is made that does not exceed one hundred eighty-five percent (185%) of the federal poverty level; and

(B) The individual's household net worth at the time the individual development account is opened does not exceed ten thousand dollars ($10,000) disregarding the primary dwelling and one (1) motor vehicle owned by the household.

(b) An individual opening an individual development account shall be required to enter into an individual development account agreement with the fiduciary organization.

(c) The fiduciary organization shall be responsible for coordinating arrangements between the individual and a financial institution to open the individual's individual development account.

(d) (1) (A) Each fiduciary organization shall provide written notification to each of its eligible individual development account holders of the amount of matching funds provided by the fiduciary to which each such individual development account holder is entitled. (B) Such notification shall be made at such intervals as the fiduciary organization deems appropriate but shall be required to be made at least one (1) time each calendar year. (2) The amount of such matching funds for each individual development account holder shall be three dollars ($3.00) for each one dollar ($1.00) contributed to the individual development account by the individual development account holder during the preceding calendar year. The amount of such matching funds shall not exceed two thousand dollars ($2,000) per individual development account holder or four thousand dollars ($4,000) per household. (3) If the amount of matching funds available is insufficient to disburse the maximum amounts specified in this subsection, amounts of disbursements shall be reduced proportionately based upon available funds.

(1) (A) Each fiduciary organization shall provide written notification to each of its eligible individual development account holders of the amount of matching funds provided by the fiduciary to which each such individual development account holder is entitled. (B) Such notification shall be made at such intervals as the fiduciary organization deems appropriate but shall be required to be made at least one (1) time each calendar year.

(A) Each fiduciary organization shall provide written notification to each of its eligible individual development account holders of the amount of matching funds provided by the fiduciary to which each such individual development account holder is entitled.

(B) Such notification shall be made at such intervals as the fiduciary organization deems appropriate but shall be required to be made at least one (1) time each calendar year.

(2) The amount of such matching funds for each individual development account holder shall be three dollars ($3.00) for each one dollar ($1.00) contributed to the individual development account by the individual development account holder during the preceding calendar year. The amount of such matching funds shall not exceed two thousand dollars ($2,000) per individual development account holder or four thousand dollars ($4,000) per household.

(3) If the amount of matching funds available is insufficient to disburse the maximum amounts specified in this subsection, amounts of disbursements shall be reduced proportionately based upon available funds.

(e) If an individual development account holder has gross household income from all sources for a calendar year which exceeds one hundred eighty-five percent (185%) of the federal poverty level, the individual development account holder shall not be eligible to receive funds pursuant to the provisions of subsection (d) of this section in the following year.

(f) (1) In the event of an individual development account holder's death, the individual development account may be transferred to the ownership of a contingent beneficiary or beneficiaries. An individual development account holder shall name a contingent beneficiary or beneficiaries at the time that the individual development account is established and may change the beneficiary or beneficiaries at any time. (2) If the named beneficiary or beneficiaries are deceased or cannot otherwise accept the transfer, the moneys shall be transferred to the fiduciary organization to redistribute as matching funds.

(1) In the event of an individual development account holder's death, the individual development account may be transferred to the ownership of a contingent beneficiary or beneficiaries. An individual development account holder shall name a contingent beneficiary or beneficiaries at the time that the individual development account is established and may change the beneficiary or beneficiaries at any time.

(2) If the named beneficiary or beneficiaries are deceased or cannot otherwise accept the transfer, the moneys shall be transferred to the fiduciary organization to redistribute as matching funds.

Amended by Act 2019, No. 910,§ 563, eff. 7/1/2019.

Acts 1999, No. 1217, § 6; 2007, No. 252, § 3.
Ark. Code Ann. § 20-27-1101 — AR Code / Title 20 / Chapter 27 / Subchapter 11 / Section 20-27-1101
Penalty
Status: in_force

Any person who knowingly violates any provision of this subchapter or any rule or order adopted pursuant to this subchapter shall be guilty of a Class B misdemeanor. Amended by Act 2019, No. 315,§ 2104, eff. 7/24/2019. Acts 1991, No. 780, § 1.

Any person who knowingly violates any provision of this subchapter or any rule or order adopted pursuant to this subchapter shall be guilty of a Class B misdemeanor.

Amended by Act 2019, No. 315,§ 2104, eff. 7/24/2019.

Acts 1991, No. 780, § 1.
Ark. Code Ann. § 20-56-217 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-217
Contamination with microorganisms
Status: in_force

(a) Whenever the State Board of Health finds after investigation that the distribution in Arkansas of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that the injurious nature cannot be adequately determined after the articles have entered commerce, it then, and in that case only, shall promulgate rules providing for the issuance of permits to manufacturers, processors, or packers of the class of food in the locality. To these permits shall be attached such conditions governing the manufacture, processing, or packing of the class of food for such temporary period of time as may be necessary to protect the public health. After the effective date of the rules and during the temporary period, no person shall introduce or deliver for introduction into commerce any food manufactured, processed, or packed by any manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the board as provided by the rules. (b) The board is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of the permit. The board shall, immediately after prompt hearing and an inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended. (c) Any officer or employee designated by the board shall have access to any factory or establishment, the operator of which holds a permit from the board, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for the inspection shall be grounds for suspension of the permit until access is freely given by the operator. Amended by Act 2019, No. 315,§ 2173, eff. 7/24/2019. Acts 1953, No. 415, § 12; A.S.A. 1947, § 82-1112.

(a) Whenever the State Board of Health finds after investigation that the distribution in Arkansas of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that the injurious nature cannot be adequately determined after the articles have entered commerce, it then, and in that case only, shall promulgate rules providing for the issuance of permits to manufacturers, processors, or packers of the class of food in the locality. To these permits shall be attached such conditions governing the manufacture, processing, or packing of the class of food for such temporary period of time as may be necessary to protect the public health. After the effective date of the rules and during the temporary period, no person shall introduce or deliver for introduction into commerce any food manufactured, processed, or packed by any manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the board as provided by the rules.

(b) The board is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of the permit. The board shall, immediately after prompt hearing and an inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.

(c) Any officer or employee designated by the board shall have access to any factory or establishment, the operator of which holds a permit from the board, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for the inspection shall be grounds for suspension of the permit until access is freely given by the operator.

Amended by Act 2019, No. 315,§ 2173, eff. 7/24/2019.

Acts 1953, No. 415, § 12; A.S.A. 1947, § 82-1112.
Ark. Code Ann. § 20-8-505 — AR Code / Title 20 / Chapter 8 / Subchapter 5 / Section 20-8-505
Arkansas Commission for the Newborn Umbilical Cord Blood Initiative - Creation - Members
Status: in_force

(a) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative is created. (b) (1) The commission shall consist of eleven (11) members appointed as follows: (A) Three (3) members appointed by the Governor as follows: (i) One (1) member who is a physician licensed by the Arkansas State Medical Board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (B) Three (3) members appointed by the Speaker of the House of Representatives as follows: (i) One (1) member who is a physician licensed by the board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (C) Three (3) members appointed by the President Pro Tempore of the Senate as follows: (i) One (1) member who is a physician licensed by the board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (D) The Dean of the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences or his or her designee; and (E) The Secretary of the Department of Health or his or her designee. (2) The commission shall include one (1) consultant, nonvoting member who shall be the Director of Cell Therapy and Transfusion Medicine of the University of Arkansas for Medical Sciences. (c) The Governor shall designate one (1) member as chair of the commission. (d) The chair shall call the first meeting of the commission within sixty (60) days of his or her appointment. (e) (1) At the first meeting of the commission, the members shall draw lots so that three (3) members serve two-year terms, three (3) members serve three-year terms, and three (3) members serve four-year terms. (2) After the initial terms, members shall serve four-year terms. (f) The commission shall meet at least one (1) time per year. (g) (1) A majority of the membership of the commission shall constitute a quorum. (2) A majority vote of those members present shall be required for any action of the commission. (h) Vacancies on the commission due to death, resignation, removal, or other causes shall be filled in the same manner as is provided in this section for initial appointments. Amended by Act 2019, No. 910,§ 4961, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 34, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 34, eff. 5/23/2016. Acts 2007, No. 695, § 1.

(a) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative is created.

(b) (1) The commission shall consist of eleven (11) members appointed as follows: (A) Three (3) members appointed by the Governor as follows: (i) One (1) member who is a physician licensed by the Arkansas State Medical Board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (B) Three (3) members appointed by the Speaker of the House of Representatives as follows: (i) One (1) member who is a physician licensed by the board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (C) Three (3) members appointed by the President Pro Tempore of the Senate as follows: (i) One (1) member who is a physician licensed by the board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (D) The Dean of the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences or his or her designee; and (E) The Secretary of the Department of Health or his or her designee. (2) The commission shall include one (1) consultant, nonvoting member who shall be the Director of Cell Therapy and Transfusion Medicine of the University of Arkansas for Medical Sciences.

(1) The commission shall consist of eleven (11) members appointed as follows: (A) Three (3) members appointed by the Governor as follows: (i) One (1) member who is a physician licensed by the Arkansas State Medical Board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (B) Three (3) members appointed by the Speaker of the House of Representatives as follows: (i) One (1) member who is a physician licensed by the board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (C) Three (3) members appointed by the President Pro Tempore of the Senate as follows: (i) One (1) member who is a physician licensed by the board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both; (D) The Dean of the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences or his or her designee; and (E) The Secretary of the Department of Health or his or her designee.

(A) Three (3) members appointed by the Governor as follows: (i) One (1) member who is a physician licensed by the Arkansas State Medical Board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both;

(i) One (1) member who is a physician licensed by the Arkansas State Medical Board;

(ii) One (1) member who has a financial background; and

(iii) One (1) member who has a legal background or an ethicist background, or both;

(B) Three (3) members appointed by the Speaker of the House of Representatives as follows: (i) One (1) member who is a physician licensed by the board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both;

(i) One (1) member who is a physician licensed by the board;

(ii) One (1) member who has a financial background; and

(iii) One (1) member who has a legal background or an ethicist background, or both;

(C) Three (3) members appointed by the President Pro Tempore of the Senate as follows: (i) One (1) member who is a physician licensed by the board; (ii) One (1) member who has a financial background; and (iii) One (1) member who has a legal background or an ethicist background, or both;

(i) One (1) member who is a physician licensed by the board;

(ii) One (1) member who has a financial background; and

(iii) One (1) member who has a legal background or an ethicist background, or both;

(D) The Dean of the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences or his or her designee; and

(E) The Secretary of the Department of Health or his or her designee.

(2) The commission shall include one (1) consultant, nonvoting member who shall be the Director of Cell Therapy and Transfusion Medicine of the University of Arkansas for Medical Sciences.

(c) The Governor shall designate one (1) member as chair of the commission.

(d) The chair shall call the first meeting of the commission within sixty (60) days of his or her appointment.

(e) (1) At the first meeting of the commission, the members shall draw lots so that three (3) members serve two-year terms, three (3) members serve three-year terms, and three (3) members serve four-year terms. (2) After the initial terms, members shall serve four-year terms.

(1) At the first meeting of the commission, the members shall draw lots so that three (3) members serve two-year terms, three (3) members serve three-year terms, and three (3) members serve four-year terms.

(2) After the initial terms, members shall serve four-year terms.

(f) The commission shall meet at least one (1) time per year.

(g) (1) A majority of the membership of the commission shall constitute a quorum. (2) A majority vote of those members present shall be required for any action of the commission.

(1) A majority of the membership of the commission shall constitute a quorum.

(2) A majority vote of those members present shall be required for any action of the commission.

(h) Vacancies on the commission due to death, resignation, removal, or other causes shall be filled in the same manner as is provided in this section for initial appointments.

Amended by Act 2019, No. 910,§ 4961, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 34, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 34, eff. 5/23/2016.

Acts 2007, No. 695, § 1.
Ark. Code Ann. § 20-16-2302 — AR Code / Title 20 / Chapter 16 / Subchapter 23 / Section 20-16-2302
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) As diagnosis of prenatal conditions improves, more lethal fetal anomalies are diagnosed earlier in pregnancy; (2) (A) Currently, parents are often given minimal options. (B) Parents must choose between terminating the pregnancy or simply waiting for the child to die; (3) The majority of parents in the situation described in subdivision (a)(2) of this section choose to terminate the pregnancy, with only twenty percent (20%) of parents deciding to continue the pregnancy; (4) Studies indicate that choosing to terminate a pregnancy can pose severe long-term psychological risks for a woman, including the risk of post-traumatic stress, depression, and anxiety; (5) Parents who choose to continue the pregnancy under the supportive, compassionate care of a perinatal palliative care team report being emotionally and spiritually prepared for the birth of a child; and (6) Studies reveal that when given the option, at least eighty to eighty-seven percent (80-87%) of parents choose to continue their pregnancies in a supportive environment of perinatal palliative care. (b) It is the purpose of this subchapter to: (1) Guarantee that a woman considering an abortion after a diagnosis of a lethal fetal anomaly is presented with information on the option of perinatal palliative care; and (2) Ensure that any abortion choice that a woman makes has been fully informed. Acts 2019, No. 953, § 1, eff. 7/24/2020.

(a) The General Assembly finds that: (1) As diagnosis of prenatal conditions improves, more lethal fetal anomalies are diagnosed earlier in pregnancy; (2) (A) Currently, parents are often given minimal options. (B) Parents must choose between terminating the pregnancy or simply waiting for the child to die; (3) The majority of parents in the situation described in subdivision (a)(2) of this section choose to terminate the pregnancy, with only twenty percent (20%) of parents deciding to continue the pregnancy; (4) Studies indicate that choosing to terminate a pregnancy can pose severe long-term psychological risks for a woman, including the risk of post-traumatic stress, depression, and anxiety; (5) Parents who choose to continue the pregnancy under the supportive, compassionate care of a perinatal palliative care team report being emotionally and spiritually prepared for the birth of a child; and (6) Studies reveal that when given the option, at least eighty to eighty-seven percent (80-87%) of parents choose to continue their pregnancies in a supportive environment of perinatal palliative care.

(1) As diagnosis of prenatal conditions improves, more lethal fetal anomalies are diagnosed earlier in pregnancy;

(2) (A) Currently, parents are often given minimal options. (B) Parents must choose between terminating the pregnancy or simply waiting for the child to die;

(A) Currently, parents are often given minimal options.

(B) Parents must choose between terminating the pregnancy or simply waiting for the child to die;

(3) The majority of parents in the situation described in subdivision (a)(2) of this section choose to terminate the pregnancy, with only twenty percent (20%) of parents deciding to continue the pregnancy;

(4) Studies indicate that choosing to terminate a pregnancy can pose severe long-term psychological risks for a woman, including the risk of post-traumatic stress, depression, and anxiety;

(5) Parents who choose to continue the pregnancy under the supportive, compassionate care of a perinatal palliative care team report being emotionally and spiritually prepared for the birth of a child; and

(6) Studies reveal that when given the option, at least eighty to eighty-seven percent (80-87%) of parents choose to continue their pregnancies in a supportive environment of perinatal palliative care.

(b) It is the purpose of this subchapter to: (1) Guarantee that a woman considering an abortion after a diagnosis of a lethal fetal anomaly is presented with information on the option of perinatal palliative care; and (2) Ensure that any abortion choice that a woman makes has been fully informed.

(1) Guarantee that a woman considering an abortion after a diagnosis of a lethal fetal anomaly is presented with information on the option of perinatal palliative care; and

(2) Ensure that any abortion choice that a woman makes has been fully informed.

Acts 2019, No. 953, § 1, eff. 7/24/2020.
Ark. Code Ann. § 20-13-1105 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1105
Response - File copies
Status: in_force

The Division of Emergency Medical Services of the Department of Health shall maintain on file for a period of three (3) years, subject to inspection by the Arkansas Crime Information Center or the Identification Bureau of the Division of Arkansas State Police, a copy of each criminal history check completed by all applicants requesting state licensure. Amended by Act 2013, No. 1132,§ 11, eff. 8/16/2013. Acts 1999, No. 666, §§ 3, 6; 2011, No. 627, § 1.

The Division of Emergency Medical Services of the Department of Health shall maintain on file for a period of three (3) years, subject to inspection by the Arkansas Crime Information Center or the Identification Bureau of the Division of Arkansas State Police, a copy of each criminal history check completed by all applicants requesting state licensure.

Amended by Act 2013, No. 1132,§ 11, eff. 8/16/2013.

Acts 1999, No. 666, §§ 3, 6; 2011, No. 627, § 1.
Ark. Code Ann. § 20-49-203 — AR Code / Title 20 / Chapter 49 / Subchapter 2 / Section 20-49-203
Notice of hearing
Status: in_force

(a) Notice of the hearing for sterilization need not be given to any person: (1) Who has signed the petition; (2) Who has in writing waived notice of the hearing; (3) Who actually appears at the hearing; or (4) Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained. (b) Except as provided in subsection (a) of this section, before the court may order sterilization, notice of the hearing shall be served at least twenty (20) days before the date set for the hearing upon the following: (1) The alleged incompetent person, if he or she is over fourteen (14) years of age; (2) The parents of the alleged incompetent person if the alleged incompetent person is a minor; (3) The spouse, if any, of the alleged incompetent person; (4) Any person who is a guardian of the person alleged incompetent or any other person who has the care and custody of the alleged incompetent person; (5) If there is neither known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incompetent person; (6) As directed by the court, any department, bureau, agency, institution, or political subdivision of the United States or of this state or any charitable organization which has or may be charged with the supervision, custody, control, or care of the alleged incompetent person; and (7) Any other person designated by the court. (c) (1) If the incompetent person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had. (2) Service on others shall be had in accordance with § 28-1-112 . Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

(a) Notice of the hearing for sterilization need not be given to any person: (1) Who has signed the petition; (2) Who has in writing waived notice of the hearing; (3) Who actually appears at the hearing; or (4) Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained.

(1) Who has signed the petition;

(2) Who has in writing waived notice of the hearing;

(3) Who actually appears at the hearing; or

(4) Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained.

(b) Except as provided in subsection (a) of this section, before the court may order sterilization, notice of the hearing shall be served at least twenty (20) days before the date set for the hearing upon the following: (1) The alleged incompetent person, if he or she is over fourteen (14) years of age; (2) The parents of the alleged incompetent person if the alleged incompetent person is a minor; (3) The spouse, if any, of the alleged incompetent person; (4) Any person who is a guardian of the person alleged incompetent or any other person who has the care and custody of the alleged incompetent person; (5) If there is neither known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incompetent person; (6) As directed by the court, any department, bureau, agency, institution, or political subdivision of the United States or of this state or any charitable organization which has or may be charged with the supervision, custody, control, or care of the alleged incompetent person; and (7) Any other person designated by the court.

(1) The alleged incompetent person, if he or she is over fourteen (14) years of age;

(2) The parents of the alleged incompetent person if the alleged incompetent person is a minor;

(3) The spouse, if any, of the alleged incompetent person;

(4) Any person who is a guardian of the person alleged incompetent or any other person who has the care and custody of the alleged incompetent person;

(5) If there is neither known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incompetent person;

(6) As directed by the court, any department, bureau, agency, institution, or political subdivision of the United States or of this state or any charitable organization which has or may be charged with the supervision, custody, control, or care of the alleged incompetent person; and

(7) Any other person designated by the court.

(c) (1) If the incompetent person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had. (2) Service on others shall be had in accordance with § 28-1-112 .

(1) If the incompetent person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had.

(2) Service on others shall be had in accordance with § 28-1-112 .

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-22-705 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-705
Violation of subchapter - Penalties
Status: in_force

Any person violating any of the provisions of this subchapter, except § 20-22-706 , shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or imprisoned for not more than ninety (90) days, or both, in the discretion of the court. Acts 1961, No. 224, § 10; A.S.A. 1947, § 82-1710.

Any person violating any of the provisions of this subchapter, except § 20-22-706 , shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or imprisoned for not more than ninety (90) days, or both, in the discretion of the court.

Acts 1961, No. 224, § 10; A.S.A. 1947, § 82-1710.
Ark. Code Ann. § 20-21-402 — AR Code / Title 20 / Chapter 21 / Subchapter 4 / Section 20-21-402
Administration by Department of Health
Status: in_force

(a) The Department of Health shall carry out a Nuclear Planning and Response Program designed to protect the lives and property of persons of this state from radiation hazards and other hazards which may result from the establishment and operation of nuclear electrical generating facilities in this state. (b) The program shall include: (1) Continuous environmental radiation surveillance in the area of any nuclear generating facility; (2) The training and education of persons residing in the areas regarding nuclear hazards and protective measures to be taken in the event of a radiological incident or accident; (3) A plan for immediate emergency response capability in the event of an incident or accident at the facility; (4) The dissemination of information to the public pertaining to radiation hazards; (5) Protective measures, evacuation procedures, and other appropriate actions to be taken in the event of a radiation incident or accident; and (6) Such other matters as the department shall determine to be necessary or appropriate to educate, inform, and equip citizens of this state to deal with any incident or accident at or resulting from the operation of nuclear generating facilities. (c) To carry out the responsibilities provided for in this subchapter, the department may employ such personnel as is deemed necessary to the extent that funds are appropriated therefor by the General Assembly. Acts 1980 (1st Ex. Sess.), No. 67, § 2; 1981, No. 101, § 2; A.S.A. 1947, § 82-1542.

(a) The Department of Health shall carry out a Nuclear Planning and Response Program designed to protect the lives and property of persons of this state from radiation hazards and other hazards which may result from the establishment and operation of nuclear electrical generating facilities in this state.

(b) The program shall include: (1) Continuous environmental radiation surveillance in the area of any nuclear generating facility; (2) The training and education of persons residing in the areas regarding nuclear hazards and protective measures to be taken in the event of a radiological incident or accident; (3) A plan for immediate emergency response capability in the event of an incident or accident at the facility; (4) The dissemination of information to the public pertaining to radiation hazards; (5) Protective measures, evacuation procedures, and other appropriate actions to be taken in the event of a radiation incident or accident; and (6) Such other matters as the department shall determine to be necessary or appropriate to educate, inform, and equip citizens of this state to deal with any incident or accident at or resulting from the operation of nuclear generating facilities.

(1) Continuous environmental radiation surveillance in the area of any nuclear generating facility;

(2) The training and education of persons residing in the areas regarding nuclear hazards and protective measures to be taken in the event of a radiological incident or accident;

(3) A plan for immediate emergency response capability in the event of an incident or accident at the facility;

(4) The dissemination of information to the public pertaining to radiation hazards;

(5) Protective measures, evacuation procedures, and other appropriate actions to be taken in the event of a radiation incident or accident; and

(6) Such other matters as the department shall determine to be necessary or appropriate to educate, inform, and equip citizens of this state to deal with any incident or accident at or resulting from the operation of nuclear generating facilities.

(c) To carry out the responsibilities provided for in this subchapter, the department may employ such personnel as is deemed necessary to the extent that funds are appropriated therefor by the General Assembly.

Acts 1980 (1st Ex. Sess.), No. 67, § 2; 1981, No. 101, § 2; A.S.A. 1947, § 82-1542.
Ark. Code Ann. § 20-17-1005 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1005
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 33, eff. 7/1/2018. Acts 1977, No. 352, § 4; 1981, No. 512, § 1; A.S.A. 1947, § 82-426.4.

Repealed by Act 2017, No. 788,§ 33, eff. 7/1/2018.

Acts 1977, No. 352, § 4; 1981, No. 512, § 1; A.S.A. 1947, § 82-426.4.
Ark. Code Ann. § 20-10-225 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-225
Alterations, additions, and new construction of facilities
Status: in_force

(a) The Department of Human Services shall prescribe by rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alterations, additions, or new construction, submit plans and specifications for them to the department for preliminary inspection and approval or recommendations with respect to compliance with the rules and standards. (b) From time to time, the Secretary of the Department of Human Services or his or her agent shall inspect each construction project approved by the United States Surgeon General. If the inspection so warrants, the secretary or his or her agent shall certify to the United States Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due the applicant. Amended by Act 2019, No. 315,§ 1872, eff. 7/24/2019. Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347; Acts 1987, No. 143, § 3.

(a) The Department of Human Services shall prescribe by rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alterations, additions, or new construction, submit plans and specifications for them to the department for preliminary inspection and approval or recommendations with respect to compliance with the rules and standards.

(b) From time to time, the Secretary of the Department of Human Services or his or her agent shall inspect each construction project approved by the United States Surgeon General. If the inspection so warrants, the secretary or his or her agent shall certify to the United States Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due the applicant.

Amended by Act 2019, No. 315,§ 1872, eff. 7/24/2019.

Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347; Acts 1987, No. 143, § 3.
Ark. Code Ann. § 20-77-2705 — AR Code / Title 20 / Chapter 77 / Subchapter 27 / Section 20-77-2705
Excluded services
Status: in_force

(a) Except as provided in subsection (b) of this section, all healthcare services delivered through the Medicaid provider-led organized care system shall: (1) Be available for all members of covered Medicaid beneficiary populations; and (2) Be comparable in amount, duration, or scope as compared to other Medicaid-eligible individuals as specified in the state plan for medical assistance. (b) The Medicaid provider-led organized care system shall be implemented to the extent possible, but shall not include the following services when provided to enrollable Medicaid beneficiary populations: (1) Nonemergency medical transportation in a capitated program; (2) Dental benefits in a capitated program; (3) School-based services provided by school employees; (4) Skilled nursing facility services; (5) Assisted living facility services; (6) Human development center services; or (7) Waiver services provided to adults with physical disabilities through the AR Choices in Homecare program or the Arkansas Independent Choices program. Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.

(a) Except as provided in subsection (b) of this section, all healthcare services delivered through the Medicaid provider-led organized care system shall: (1) Be available for all members of covered Medicaid beneficiary populations; and (2) Be comparable in amount, duration, or scope as compared to other Medicaid-eligible individuals as specified in the state plan for medical assistance.

(1) Be available for all members of covered Medicaid beneficiary populations; and

(2) Be comparable in amount, duration, or scope as compared to other Medicaid-eligible individuals as specified in the state plan for medical assistance.

(b) The Medicaid provider-led organized care system shall be implemented to the extent possible, but shall not include the following services when provided to enrollable Medicaid beneficiary populations: (1) Nonemergency medical transportation in a capitated program; (2) Dental benefits in a capitated program; (3) School-based services provided by school employees; (4) Skilled nursing facility services; (5) Assisted living facility services; (6) Human development center services; or (7) Waiver services provided to adults with physical disabilities through the AR Choices in Homecare program or the Arkansas Independent Choices program.

(1) Nonemergency medical transportation in a capitated program;

(2) Dental benefits in a capitated program;

(3) School-based services provided by school employees;

(4) Skilled nursing facility services;

(5) Assisted living facility services;

(6) Human development center services; or

(7) Waiver services provided to adults with physical disabilities through the AR Choices in Homecare program or the Arkansas Independent Choices program.

Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Ark. Code Ann. § 20-17-1210 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1210
Manner of making, amending, or revoking anatomical gift of decedent's body or part
Status: in_force

(a) A person authorized to make an anatomical gift under § 20-17-1209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (b) Subject to subsection (c), an anatomical gift by a person authorized under § 20-17-1209 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under § 20-17-1209 may be: (1) amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. Acts 2007, No. 839, § 1.

(a) A person authorized to make an anatomical gift under § 20-17-1209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(b) Subject to subsection (c), an anatomical gift by a person authorized under § 20-17-1209 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under § 20-17-1209 may be: (1) amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

(1) amended only if a majority of the reasonably available members agree to the amending of the gift; or

(2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

(c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-10-204 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-204
Notice of violation
Status: in_force

(a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in § 20-10-205 . (b) Each notice of violation shall: (1) Be prepared in writing; (2) Specify the: (A) Exact nature of the classified violation; (B) Statutory provision or specific rule alleged to have been violated; (C) Facts and grounds constituting the elements of the classified violation; and (D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and (3) (A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed. (B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1859, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5178, eff. 7/1/2019. Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1987, No. 894, § 3; 1988 (4th Ex. Sess.), No. 4, § 1; 1988 (4th Ex. Sess.), No. 14, § 1; 2005, No. 898, § 2.

(a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in § 20-10-205 .

(b) Each notice of violation shall: (1) Be prepared in writing; (2) Specify the: (A) Exact nature of the classified violation; (B) Statutory provision or specific rule alleged to have been violated; (C) Facts and grounds constituting the elements of the classified violation; and (D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and (3) (A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed. (B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Be prepared in writing;

(2) Specify the: (A) Exact nature of the classified violation; (B) Statutory provision or specific rule alleged to have been violated; (C) Facts and grounds constituting the elements of the classified violation; and (D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and

(A) Exact nature of the classified violation;

(B) Statutory provision or specific rule alleged to have been violated;

(C) Facts and grounds constituting the elements of the classified violation; and

(D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and

(3) (A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed. (B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed.

(B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1859, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5178, eff. 7/1/2019.

Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1987, No. 894, § 3; 1988 (4th Ex. Sess.), No. 4, § 1; 1988 (4th Ex. Sess.), No. 14, § 1; 2005, No. 898, § 2.
Ark. Code Ann. § 20-48-1102 — AR Code / Title 20 / Chapter 48 / Subchapter 11 / Section 20-48-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Accredited entity" means a corporate entity that: (A) Has successfully completed an ongoing accreditation process that is offered by a national accrediting organization and is related to the delivery of early intervention day treatment services; and (B) Satisfies all certification and licensure criteria established by the Department of Human Services for the delivery of early intervention day treatment services; (2) (A) "Early intervention day treatment" means services provided by a pediatric day treatment program run by early childhood specialists, overseen by a physician, and serving children with developmental disabilities, developmental delays, or a medical condition that puts them at risk for developmental delay. (B) Early intervention day treatment includes without limitation diagnostic, screening, evaluative, preventive, therapeutic, palliative, and rehabilitative and habilitative services, including speech, occupational, and physical therapies and any medical or remedial services recommended by a physician for the maximum reduction of physical or mental disability and restoration of the child to the best possible functional level. (C) Early intervention day treatment or a successor program constitutes the state's early intervention day treatment program; (3) (A) "Early intervention day treatment services operated by an academic medical center" means an academic medical center program specializing in developmental pediatrics that is administratively staffed and operated by an academic medical center and under the direction of a board-certified or board-eligible developmental pediatrician. (B) An academic medical center consists of a medical school and its primary teaching hospitals and clinical programs. (C) Early intervention day treatment services operated by an academic medical center may be provided at different sites operated by the academic medical center if the early intervention day treatment services program falls under one (1) administrative structure within the academic medical center; (4) "Existing operations" means services provided by an early intervention day treatment services program that has submitted a completed application to the Division of Medical Services to serve as a Medicaid provider no later than July 1, 2013; (5) "Medicaid" means the medical assistance program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and established under § 20-77-101 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of individuals who are aged, blind, or disabled and whose income and resources are insufficient to meet the cost of necessary medical services; (6) "National accrediting organization" includes without limitation: (A) The CARF International; or (B) Any other similar national accrediting organization recognized by the Division of Developmental Disabilities Services; and (7) "Successor program" means a program: (A) That provides early intervention day treatment to children; (B) That is created as a replacement for, combination of, or derived in whole or in part from the early intervention day treatment services program for children; and (C) In which the for-profit and nonprofit providers from early intervention day treatment services programs are eligible to participate. Amended by Act 2019, No. 1035,§ 47, eff. 7/24/2019. Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.

As used in this subchapter:

(1) "Accredited entity" means a corporate entity that: (A) Has successfully completed an ongoing accreditation process that is offered by a national accrediting organization and is related to the delivery of early intervention day treatment services; and (B) Satisfies all certification and licensure criteria established by the Department of Human Services for the delivery of early intervention day treatment services;

(A) Has successfully completed an ongoing accreditation process that is offered by a national accrediting organization and is related to the delivery of early intervention day treatment services; and

(B) Satisfies all certification and licensure criteria established by the Department of Human Services for the delivery of early intervention day treatment services;

(2) (A) "Early intervention day treatment" means services provided by a pediatric day treatment program run by early childhood specialists, overseen by a physician, and serving children with developmental disabilities, developmental delays, or a medical condition that puts them at risk for developmental delay. (B) Early intervention day treatment includes without limitation diagnostic, screening, evaluative, preventive, therapeutic, palliative, and rehabilitative and habilitative services, including speech, occupational, and physical therapies and any medical or remedial services recommended by a physician for the maximum reduction of physical or mental disability and restoration of the child to the best possible functional level. (C) Early intervention day treatment or a successor program constitutes the state's early intervention day treatment program;

(A) "Early intervention day treatment" means services provided by a pediatric day treatment program run by early childhood specialists, overseen by a physician, and serving children with developmental disabilities, developmental delays, or a medical condition that puts them at risk for developmental delay.

(B) Early intervention day treatment includes without limitation diagnostic, screening, evaluative, preventive, therapeutic, palliative, and rehabilitative and habilitative services, including speech, occupational, and physical therapies and any medical or remedial services recommended by a physician for the maximum reduction of physical or mental disability and restoration of the child to the best possible functional level.

(C) Early intervention day treatment or a successor program constitutes the state's early intervention day treatment program;

(3) (A) "Early intervention day treatment services operated by an academic medical center" means an academic medical center program specializing in developmental pediatrics that is administratively staffed and operated by an academic medical center and under the direction of a board-certified or board-eligible developmental pediatrician. (B) An academic medical center consists of a medical school and its primary teaching hospitals and clinical programs. (C) Early intervention day treatment services operated by an academic medical center may be provided at different sites operated by the academic medical center if the early intervention day treatment services program falls under one (1) administrative structure within the academic medical center;

(A) "Early intervention day treatment services operated by an academic medical center" means an academic medical center program specializing in developmental pediatrics that is administratively staffed and operated by an academic medical center and under the direction of a board-certified or board-eligible developmental pediatrician.

(B) An academic medical center consists of a medical school and its primary teaching hospitals and clinical programs.

(C) Early intervention day treatment services operated by an academic medical center may be provided at different sites operated by the academic medical center if the early intervention day treatment services program falls under one (1) administrative structure within the academic medical center;

(4) "Existing operations" means services provided by an early intervention day treatment services program that has submitted a completed application to the Division of Medical Services to serve as a Medicaid provider no later than July 1, 2013;

(5) "Medicaid" means the medical assistance program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and established under § 20-77-101 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of individuals who are aged, blind, or disabled and whose income and resources are insufficient to meet the cost of necessary medical services;

(6) "National accrediting organization" includes without limitation: (A) The CARF International; or (B) Any other similar national accrediting organization recognized by the Division of Developmental Disabilities Services; and

(A) The CARF International; or

(B) Any other similar national accrediting organization recognized by the Division of Developmental Disabilities Services; and

(7) "Successor program" means a program: (A) That provides early intervention day treatment to children; (B) That is created as a replacement for, combination of, or derived in whole or in part from the early intervention day treatment services program for children; and (C) In which the for-profit and nonprofit providers from early intervention day treatment services programs are eligible to participate.

(A) That provides early intervention day treatment to children;

(B) That is created as a replacement for, combination of, or derived in whole or in part from the early intervention day treatment services program for children; and

(C) In which the for-profit and nonprofit providers from early intervention day treatment services programs are eligible to participate.

Amended by Act 2019, No. 1035,§ 47, eff. 7/24/2019.

Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-64-823 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-823
Filing of petition - Legal representation
Status: in_force

The petition may be filed by the local prosecuting attorney, an attorney representing the petitioner, or pro se. The county shall establish an indigency fund to permit the petitioner to request a court-appointed attorney by filing an affidavit of indigency. The attorney may be allowed a fee of up to one hundred fifty dollars ($150). Should the circuit court designate a circuit judge in Pulaski County to hear petitions filed for additional periods of commitment pursuant to this subchapter, the Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the judge, provided that the hearing is held on the grounds of the Arkansas State Hospital. The representation shall be a part of the official duties of the Prosecutor Coordinator. However, nothing in this section shall prevent the petitioner from retaining his or her own counsel. Thereupon, the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner. Acts 1989 (3rd Ex. Sess.), No. 10, § 15.

The petition may be filed by the local prosecuting attorney, an attorney representing the petitioner, or pro se. The county shall establish an indigency fund to permit the petitioner to request a court-appointed attorney by filing an affidavit of indigency. The attorney may be allowed a fee of up to one hundred fifty dollars ($150). Should the circuit court designate a circuit judge in Pulaski County to hear petitions filed for additional periods of commitment pursuant to this subchapter, the Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the judge, provided that the hearing is held on the grounds of the Arkansas State Hospital. The representation shall be a part of the official duties of the Prosecutor Coordinator. However, nothing in this section shall prevent the petitioner from retaining his or her own counsel. Thereupon, the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner.

Acts 1989 (3rd Ex. Sess.), No. 10, § 15.
Ark. Code Ann. § 20-9-307 — AR Code / Title 20 / Chapter 9 / Subchapter 3 / Section 20-9-307
Itemized statement for services, drugs, and supplies
Status: in_force

(a) (1) Upon the patient's request at the time of discharge of each patient or at the time of billing the patient or the insurance company for the patient or at the time of billing the patient or the insurance company for the hospital services, drugs, and supplies, each hospital in the state, except those operated by the State of Arkansas, shall furnish to the patient and to the insurance company an itemized listing of all services, drugs, and supplies to be billed to that person while a patient in the hospital. (2) The itemized statement shall be furnished to the patient and the insurance company no later than thirty (30) days after discharge of the patient. (3) In addition, at the time of discharge each patient discharged from a hospital in this state shall be advised in writing of his or her right to receive the itemized statement for services, drugs, and supplies required by this section. (4) The State Board of Health shall adopt rules specifying the items to be included and the manner in which they shall be presented on itemized statements as required in this section. (b) The administrator or the agent of any hospital who fails or refuses to provide the itemized statement upon request as required in this section or fails or refuses at the time of discharge of any patient to advise the patient of his or her right to receive the itemized statement provided in this section shall be guilty of a violation and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred fifty dollars ($150) for each violation. Acts 1987, No. 348, §§ 1-3; Acts 2005, No. 1994, § 107.

(a) (1) Upon the patient's request at the time of discharge of each patient or at the time of billing the patient or the insurance company for the patient or at the time of billing the patient or the insurance company for the hospital services, drugs, and supplies, each hospital in the state, except those operated by the State of Arkansas, shall furnish to the patient and to the insurance company an itemized listing of all services, drugs, and supplies to be billed to that person while a patient in the hospital. (2) The itemized statement shall be furnished to the patient and the insurance company no later than thirty (30) days after discharge of the patient. (3) In addition, at the time of discharge each patient discharged from a hospital in this state shall be advised in writing of his or her right to receive the itemized statement for services, drugs, and supplies required by this section. (4) The State Board of Health shall adopt rules specifying the items to be included and the manner in which they shall be presented on itemized statements as required in this section.

(1) Upon the patient's request at the time of discharge of each patient or at the time of billing the patient or the insurance company for the patient or at the time of billing the patient or the insurance company for the hospital services, drugs, and supplies, each hospital in the state, except those operated by the State of Arkansas, shall furnish to the patient and to the insurance company an itemized listing of all services, drugs, and supplies to be billed to that person while a patient in the hospital.

(2) The itemized statement shall be furnished to the patient and the insurance company no later than thirty (30) days after discharge of the patient.

(3) In addition, at the time of discharge each patient discharged from a hospital in this state shall be advised in writing of his or her right to receive the itemized statement for services, drugs, and supplies required by this section.

(4) The State Board of Health shall adopt rules specifying the items to be included and the manner in which they shall be presented on itemized statements as required in this section.

(b) The administrator or the agent of any hospital who fails or refuses to provide the itemized statement upon request as required in this section or fails or refuses at the time of discharge of any patient to advise the patient of his or her right to receive the itemized statement provided in this section shall be guilty of a violation and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred fifty dollars ($150) for each violation.

Acts 1987, No. 348, §§ 1-3; Acts 2005, No. 1994, § 107.