Ark. Code Ann. § 20-38-103 — AR Code / Title 20 / Chapter 38 / Section 20-38-103
Criminal history records checks - Applicants and employees of service providers
Status: in_force

(a) (1) Before making an offer of employment, a service provider shall inform an applicant that employment is contingent on the satisfactory results of criminal history records checks. (2) If a service provider intends to make an offer of employment to an applicant, the service provider shall conduct criminal history records checks on the applicant under this section. (3) Except as provided in subdivision (a)(4) of this section, if the service provider can verify that the applicant has lived continuously in the state for the past five (5) years, the service provider shall require the applicant to submit a criminal history records check form and shall, in accordance with the rules of the appropriate licensing or certifying agency: (A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police; and (B) Conduct a registry records check on the applicant. (4) If the service provider cannot verify that the applicant has lived continuously in the state for the past five (5) years or if the applicant is seeking employment at a childcare facility as defined by § 20-78-202 or a church-exempt childcare facility as recognized under § 20-78-209 , regardless of the length of time that the applicant has lived in the state, the service provider shall require the applicant to submit a criminal history records check form and a complete set of fingerprints and shall: (A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police; (B) Initiate a fingerprint-based criminal history records check performed by the Federal Bureau of Investigation on the applicant; and (C) Conduct a registry records check on the applicant. (b) After a service provider satisfies the regulatory requirements of the appropriate licensing or certifying agency governing registry checks of applicants for employment, the service provider may conditionally employ an applicant pending receipt of a determination from the appropriate licensing or certifying agency. (c) If a service provider uses temporary employees to provide care, the service provider shall: (1) Use a contract to detail the requirements for placing temporary employees with the service provider; and (2) Ensure that the contract pertaining to the service provider's use of temporary employees requires the entity providing the temporary employees to comply with the following terms: (A) The entity is responsible for conducting a criminal history records check on each temporary employee under this subchapter before the placement of the temporary employee with the service provider; and (B) The entity shall: (i) Maintain all documentation regarding criminal history records checks for each temporary employee placed with a service provider; (ii) Indicate whether each temporary employee placed with a service provider has been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency; and (iii) Provide copies of the documentation to the service provider, which shall be made available to the appropriate licensing or certifying agency upon request. (d) A service provider shall inform employees that continued employment is contingent on the satisfactory results of criminal history records checks and shall conduct periodic criminal history records checks on all employees no less than one (1) time every five (5) years. (e) (1) (A) When a service provider initiates a request for a state criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue within twenty-four (24) hours an electronic report to the licensing or certifying agency. (B) When a licensing or certifying agency submits a request for a national criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue a report to the licensing or certifying agency within ten (10) days after receipt of the results of the national criminal history records check from the Federal Bureau of Investigation. (2) After receipt of a report from the Identification Bureau of the Division of Arkansas State Police, the licensing or certifying agency shall determine whether the applicant or employee is disqualified from employment with the service provider based on the criminal history of the applicant or employee and shall forward its determination to the service provider. (3) (A) (i) If the licensing or certifying agency determines that an applicant or employee is disqualified from employment based on the criminal history of the applicant or employee, the service provider shall deny employment to the applicant or shall terminate the employment of the employee. (ii) (a) If the applicant or employee is disqualified from employment based on the criminal history and the service provider wants to employ the applicant or continue to employ the employee, the service provider shall provide written notice to the licensing or certifying agency of the person's identity and that the service provider has determined that the person is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) . (b) After receipt of written acknowledgment from the licensing or certifying agency that the service provider has determined that the applicant or employee is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) , the service provider may employ the applicant or continue the employment of the employee. (B) If the licensing or certifying agency issues a determination that an applicant or employee is not disqualified from employment or if there is no criminal history on an applicant or employee, the service provider may employ the applicant or continue the employment of the employee. (f) (1) If the subject of a criminal history records check has been offered employment with a childcare facility or a church-exempt childcare facility, the subject of a criminal history records check shall not be assessed a fee for the statewide criminal history records check required under this section. (2) The subject of a criminal history records check shall be responsible for the payment of any fee associated with the nationwide criminal history records check. (g) A person may challenge the completeness or accuracy of his or her criminal history information under § 12-12-1013 . Amended by Act 2019, No. 318,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 318,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 318,§ 6, eff. 7/24/2019. Amended by Act 2017, No. 572,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 861,§ 6, eff. 3/31/2015. Amended by Act 2013, No. 990,§ 1, eff. 4/8/2013. Acts 2009, No. 762, § 4.

(a) (1) Before making an offer of employment, a service provider shall inform an applicant that employment is contingent on the satisfactory results of criminal history records checks. (2) If a service provider intends to make an offer of employment to an applicant, the service provider shall conduct criminal history records checks on the applicant under this section. (3) Except as provided in subdivision (a)(4) of this section, if the service provider can verify that the applicant has lived continuously in the state for the past five (5) years, the service provider shall require the applicant to submit a criminal history records check form and shall, in accordance with the rules of the appropriate licensing or certifying agency: (A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police; and (B) Conduct a registry records check on the applicant. (4) If the service provider cannot verify that the applicant has lived continuously in the state for the past five (5) years or if the applicant is seeking employment at a childcare facility as defined by § 20-78-202 or a church-exempt childcare facility as recognized under § 20-78-209 , regardless of the length of time that the applicant has lived in the state, the service provider shall require the applicant to submit a criminal history records check form and a complete set of fingerprints and shall: (A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police; (B) Initiate a fingerprint-based criminal history records check performed by the Federal Bureau of Investigation on the applicant; and (C) Conduct a registry records check on the applicant.

(1) Before making an offer of employment, a service provider shall inform an applicant that employment is contingent on the satisfactory results of criminal history records checks.

(2) If a service provider intends to make an offer of employment to an applicant, the service provider shall conduct criminal history records checks on the applicant under this section.

(3) Except as provided in subdivision (a)(4) of this section, if the service provider can verify that the applicant has lived continuously in the state for the past five (5) years, the service provider shall require the applicant to submit a criminal history records check form and shall, in accordance with the rules of the appropriate licensing or certifying agency: (A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police; and (B) Conduct a registry records check on the applicant.

(A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police; and

(B) Conduct a registry records check on the applicant.

(4) If the service provider cannot verify that the applicant has lived continuously in the state for the past five (5) years or if the applicant is seeking employment at a childcare facility as defined by § 20-78-202 or a church-exempt childcare facility as recognized under § 20-78-209 , regardless of the length of time that the applicant has lived in the state, the service provider shall require the applicant to submit a criminal history records check form and a complete set of fingerprints and shall: (A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police; (B) Initiate a fingerprint-based criminal history records check performed by the Federal Bureau of Investigation on the applicant; and (C) Conduct a registry records check on the applicant.

(A) Initiate a state criminal history records check on the applicant with the Identification Bureau of the Division of Arkansas State Police;

(B) Initiate a fingerprint-based criminal history records check performed by the Federal Bureau of Investigation on the applicant; and

(C) Conduct a registry records check on the applicant.

(b) After a service provider satisfies the regulatory requirements of the appropriate licensing or certifying agency governing registry checks of applicants for employment, the service provider may conditionally employ an applicant pending receipt of a determination from the appropriate licensing or certifying agency.

(c) If a service provider uses temporary employees to provide care, the service provider shall: (1) Use a contract to detail the requirements for placing temporary employees with the service provider; and (2) Ensure that the contract pertaining to the service provider's use of temporary employees requires the entity providing the temporary employees to comply with the following terms: (A) The entity is responsible for conducting a criminal history records check on each temporary employee under this subchapter before the placement of the temporary employee with the service provider; and (B) The entity shall: (i) Maintain all documentation regarding criminal history records checks for each temporary employee placed with a service provider; (ii) Indicate whether each temporary employee placed with a service provider has been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency; and (iii) Provide copies of the documentation to the service provider, which shall be made available to the appropriate licensing or certifying agency upon request.

(1) Use a contract to detail the requirements for placing temporary employees with the service provider; and

(2) Ensure that the contract pertaining to the service provider's use of temporary employees requires the entity providing the temporary employees to comply with the following terms: (A) The entity is responsible for conducting a criminal history records check on each temporary employee under this subchapter before the placement of the temporary employee with the service provider; and (B) The entity shall: (i) Maintain all documentation regarding criminal history records checks for each temporary employee placed with a service provider; (ii) Indicate whether each temporary employee placed with a service provider has been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency; and (iii) Provide copies of the documentation to the service provider, which shall be made available to the appropriate licensing or certifying agency upon request.

(A) The entity is responsible for conducting a criminal history records check on each temporary employee under this subchapter before the placement of the temporary employee with the service provider; and

(B) The entity shall: (i) Maintain all documentation regarding criminal history records checks for each temporary employee placed with a service provider; (ii) Indicate whether each temporary employee placed with a service provider has been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency; and (iii) Provide copies of the documentation to the service provider, which shall be made available to the appropriate licensing or certifying agency upon request.

(i) Maintain all documentation regarding criminal history records checks for each temporary employee placed with a service provider;

(ii) Indicate whether each temporary employee placed with a service provider has been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency; and

(iii) Provide copies of the documentation to the service provider, which shall be made available to the appropriate licensing or certifying agency upon request.

(d) A service provider shall inform employees that continued employment is contingent on the satisfactory results of criminal history records checks and shall conduct periodic criminal history records checks on all employees no less than one (1) time every five (5) years.

(e) (1) (A) When a service provider initiates a request for a state criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue within twenty-four (24) hours an electronic report to the licensing or certifying agency. (B) When a licensing or certifying agency submits a request for a national criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue a report to the licensing or certifying agency within ten (10) days after receipt of the results of the national criminal history records check from the Federal Bureau of Investigation. (2) After receipt of a report from the Identification Bureau of the Division of Arkansas State Police, the licensing or certifying agency shall determine whether the applicant or employee is disqualified from employment with the service provider based on the criminal history of the applicant or employee and shall forward its determination to the service provider. (3) (A) (i) If the licensing or certifying agency determines that an applicant or employee is disqualified from employment based on the criminal history of the applicant or employee, the service provider shall deny employment to the applicant or shall terminate the employment of the employee. (ii) (a) If the applicant or employee is disqualified from employment based on the criminal history and the service provider wants to employ the applicant or continue to employ the employee, the service provider shall provide written notice to the licensing or certifying agency of the person's identity and that the service provider has determined that the person is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) . (b) After receipt of written acknowledgment from the licensing or certifying agency that the service provider has determined that the applicant or employee is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) , the service provider may employ the applicant or continue the employment of the employee. (B) If the licensing or certifying agency issues a determination that an applicant or employee is not disqualified from employment or if there is no criminal history on an applicant or employee, the service provider may employ the applicant or continue the employment of the employee.

(1) (A) When a service provider initiates a request for a state criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue within twenty-four (24) hours an electronic report to the licensing or certifying agency. (B) When a licensing or certifying agency submits a request for a national criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue a report to the licensing or certifying agency within ten (10) days after receipt of the results of the national criminal history records check from the Federal Bureau of Investigation.

(A) When a service provider initiates a request for a state criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue within twenty-four (24) hours an electronic report to the licensing or certifying agency.

(B) When a licensing or certifying agency submits a request for a national criminal history records check on an applicant for employment with or an employee of the service provider, the Identification Bureau of the Division of Arkansas State Police shall issue a report to the licensing or certifying agency within ten (10) days after receipt of the results of the national criminal history records check from the Federal Bureau of Investigation.

(2) After receipt of a report from the Identification Bureau of the Division of Arkansas State Police, the licensing or certifying agency shall determine whether the applicant or employee is disqualified from employment with the service provider based on the criminal history of the applicant or employee and shall forward its determination to the service provider.

(3) (A) (i) If the licensing or certifying agency determines that an applicant or employee is disqualified from employment based on the criminal history of the applicant or employee, the service provider shall deny employment to the applicant or shall terminate the employment of the employee. (ii) (a) If the applicant or employee is disqualified from employment based on the criminal history and the service provider wants to employ the applicant or continue to employ the employee, the service provider shall provide written notice to the licensing or certifying agency of the person's identity and that the service provider has determined that the person is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) . (b) After receipt of written acknowledgment from the licensing or certifying agency that the service provider has determined that the applicant or employee is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) , the service provider may employ the applicant or continue the employment of the employee. (B) If the licensing or certifying agency issues a determination that an applicant or employee is not disqualified from employment or if there is no criminal history on an applicant or employee, the service provider may employ the applicant or continue the employment of the employee.

(A) (i) If the licensing or certifying agency determines that an applicant or employee is disqualified from employment based on the criminal history of the applicant or employee, the service provider shall deny employment to the applicant or shall terminate the employment of the employee. (ii) (a) If the applicant or employee is disqualified from employment based on the criminal history and the service provider wants to employ the applicant or continue to employ the employee, the service provider shall provide written notice to the licensing or certifying agency of the person's identity and that the service provider has determined that the person is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) . (b) After receipt of written acknowledgment from the licensing or certifying agency that the service provider has determined that the applicant or employee is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) , the service provider may employ the applicant or continue the employment of the employee.

(i) If the licensing or certifying agency determines that an applicant or employee is disqualified from employment based on the criminal history of the applicant or employee, the service provider shall deny employment to the applicant or shall terminate the employment of the employee.

(ii) (a) If the applicant or employee is disqualified from employment based on the criminal history and the service provider wants to employ the applicant or continue to employ the employee, the service provider shall provide written notice to the licensing or certifying agency of the person's identity and that the service provider has determined that the person is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) . (b) After receipt of written acknowledgment from the licensing or certifying agency that the service provider has determined that the applicant or employee is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) , the service provider may employ the applicant or continue the employment of the employee.

(a) If the applicant or employee is disqualified from employment based on the criminal history and the service provider wants to employ the applicant or continue to employ the employee, the service provider shall provide written notice to the licensing or certifying agency of the person's identity and that the service provider has determined that the person is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) .

(b) After receipt of written acknowledgment from the licensing or certifying agency that the service provider has determined that the applicant or employee is not disqualified from employment because the person satisfies the criteria for a waiver under § 20-38-105(d)(3) , the service provider may employ the applicant or continue the employment of the employee.

(B) If the licensing or certifying agency issues a determination that an applicant or employee is not disqualified from employment or if there is no criminal history on an applicant or employee, the service provider may employ the applicant or continue the employment of the employee.

(f) (1) If the subject of a criminal history records check has been offered employment with a childcare facility or a church-exempt childcare facility, the subject of a criminal history records check shall not be assessed a fee for the statewide criminal history records check required under this section. (2) The subject of a criminal history records check shall be responsible for the payment of any fee associated with the nationwide criminal history records check.

(1) If the subject of a criminal history records check has been offered employment with a childcare facility or a church-exempt childcare facility, the subject of a criminal history records check shall not be assessed a fee for the statewide criminal history records check required under this section.

(2) The subject of a criminal history records check shall be responsible for the payment of any fee associated with the nationwide criminal history records check.

(g) A person may challenge the completeness or accuracy of his or her criminal history information under § 12-12-1013 .

Amended by Act 2019, No. 318,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 318,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 318,§ 6, eff. 7/24/2019.

Amended by Act 2017, No. 572,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 861,§ 6, eff. 3/31/2015.

Amended by Act 2013, No. 990,§ 1, eff. 4/8/2013.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-10-1204 — AR Code / Title 20 / Chapter 10 / Subchapter 12 / Section 20-10-1204
Residents' rights
Status: in_force

(a) All long-term care facilities shall adopt and make public a statement of the rights and responsibilities of the residents of the facilities and shall treat the residents in accordance with the provisions of that statement. The statement shall assure each resident of the following: (1) The right to be fully informed in writing and orally, before or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Title XVIII or Title XIX of the Social Security Act or not covered by the basic per diem rates and of bed reservation and refund policies of the facility; (2) The right to examine at any time the results which the facility shall post of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility; (3) The right to have copies of the rules and regulations of the facility and an explanation of the responsibility of the resident to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents; (4) (A) The right to manage his or her own financial affairs or to delegate that responsibility to the licensee but only to the extent of the funds held in trust by the licensee for the resident. (B) The facility may not require a resident to deposit personal funds with the facility. (C) However, upon written authorization of a resident, the facility shall hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows: (i) The facility shall establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles or regulations established by the Office of Long-Term Care, of each resident's personal funds entrusted to the facility on the resident's behalf; (ii) The accounting system established and maintained by the facility shall preclude any commingling of resident funds with facility funds or with the funds of any person other than a resident; (iii) An annual accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident; and (iv) The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act. (D) An annual accounting of any transactions made on behalf of the resident shall be furnished to the resident or to the person responsible for the resident; (5) (A) The right to freedom of choice in selecting a personal physician, to obtain pharmaceutical supplies and services from a pharmacy of the resident's choice, at the resident's own expense or through Title XIX of the Social Security Act, and to obtain information about and to participate in community-based activities programs, unless medically contraindicated as documented by a physician in the resident's medical record. (B) (i) If a resident chooses to use a community pharmacy and if the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents. (ii) If a resident chooses to use a community unit-dose system and if the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents; (6) The right to be adequately informed of his or her medical condition and proposed treatment unless the resident is determined to be unable to provide informed consent under Arkansas law, the right to be fully informed in advance of any nonemergency changes in care or treatment that may affect the resident's well-being, and except with respect to a resident adjudged incompetent, the right to participate in the planning of all medical treatment, including the right to refuse medication and treatment unless otherwise indicated by the resident's physician and to know the consequences of such actions; (7) (A) (i) The right to refuse medication or treatment and to be informed of the consequences of such decisions unless determined unable to provide informed consent under state law. (ii) When the resident refuses medication or treatment, the facility shall notify the resident or the resident's legal representative of the consequences of such a decision and shall document the resident's decision in his or her medical record. (B) The facility shall continue to provide other services the resident agrees to in accordance with the residential care plan; (8) The right to receive adequate and appropriate health care and protective and support services, including social services, mental health services if available, planned recreational activities, and therapeutic and rehabilitative services consistent with the residential care plan, with established and recognized practice standards within the community, and with rules as adopted by the office; (9) The right to have privacy in treatment and in caring for personal needs, to close room doors and to have facility personnel knock before entering the room except in the case of an emergency or unless medically contraindicated, and to security in storing and using personal possessions. Privacy of the resident's body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance; (10) The right to receive notice before the room of the resident in the facility is changed; (11) (A) The right to be informed of the bed reservation policy for a hospitalization. (B) (i) The facility shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to thirty (30) days, provided that the facility receives reimbursement. (ii) Any resident who is a recipient of assistance under Title XIX of the Social Security Act or the resident's designee or legal representative shall be informed by the licensee that his or her bed for which there is Title XIX reimbursement available will be reserved up to five (5) days but that the bed will not be reserved if it is medically determined by a physician that the resident will not need it or will not be able to return to the facility or if the office determines that the facility's occupancy rate ensures the availability of a bed for the resident. (C) Notice shall be provided within twenty-four (24) hours of hospitalization; (12) (A) The right to be transferred or discharged only for medical reasons or for the welfare of other residents and the right to be given reasonable advance notice of no less than thirty (30) days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the facility or in the case of conflicting rules and regulations which govern Title XVIII or Title XIX of the Social Security Act. (B) For nonpayment of a bill for care received, the resident shall be given thirty (30) days' advance notice. (C) (i) A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes. (ii) Admission to a facility operated by a licensee may not be conditioned upon a waiver of such a right, and any document or provision in a document which purports to waive or preclude such a right is void and unenforceable. (iii) Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver of a resident's rights as established herein is subject to disciplinary action as provided in subsection (c) of this section. (D) The resident and the family or representative of the resident shall be consulted in choosing another facility; (13) For residents of Medicaid-certified or Medicare-certified facilities, the right to challenge a decision by the facility to discharge or transfer the resident, as required under 42 C.F.R. § 483.204 ; (14) (A) The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency. (B) (i) In the case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter. (ii) Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety; (15) (A) The right to retain and use personal clothing and possessions as space permits unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident's medical record by a physician. (B) If clothing is provided to the resident by the licensee, it shall be of reasonable fit; (16) (A) (i) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident's choice during visiting hours, provided that such visitors are not disruptive or dangerous, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII and Title XIX of the Social Security Act regulations, without the resident's losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. (ii) Unless otherwise indicated in the residential care plan, the licensee, with the consent of the resident and in accordance with policies approved by the office, shall permit access by recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy to the facility during visiting hours for the purpose of visiting with and providing services to any resident. Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. (B) The resident has the right to deny or withdraw consent to access at any time by any entity or individual. (C) Notwithstanding the visiting policy of the facility, the following individuals shall be permitted immediate access to the resident: (i) Any representative of the federal or state government, including, but not limited to, representatives of the Department of Human Services, any law enforcement officer, any ombudsman, and the resident's individual physician; and (ii) Subject to the resident's right to deny or withdraw consent, immediate family or other relatives of the resident; (17) (A) (i) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person, to recommend changes in policies and services to facility personnel, and to join with other residents or individuals within or outside the facility to work for improvements in resident care, freedom from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. (ii) The facility shall allow any ombudsman to examine a resident's clinical records with the permission of the resident or the resident's legal representative and consistent with state law. (B) The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents; (18) The right to organize and participate in resident groups in the facility and the right to have the resident's family meet in the facility with the families of other residents; (19) The right to participate in social, religious, and community activities that do not interfere with the rights of other residents; (20) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decisions which will not be infringed upon and the right to encouragement and assistance from the staff of the facility in the exercise of these rights; and (21) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis. (b) (1) (A) The licensee for each long-term care facility shall orally inform the resident of the resident's rights and provide a copy of the statement required by subdivision (a)(21) of this section to each resident or the resident's legal representative at or before the resident's admission to a facility. (B) The written statement of rights shall include a statement that a resident may file a complaint with the office or the ombudsman. (C) The statement shall be in boldface type and shall include the name, address, and telephone numbers of the ombudsman and adult abuse registry where complaints may be lodged. (2) (A) The licensee shall provide a copy of the residents' rights to each staff member of the facility. (B) Each such licensee shall prepare a written plan and provide appropriate staff training to implement the provisions of this section. (c) (1) Any violation of the residents' rights set forth in this section may constitute grounds for action by the office. (2) In order to determine whether the licensee is adequately protecting residents' rights, the annual inspection of the facility shall include private, informal conversations with a sample of residents to discuss residents' experiences within the facility with respect to rights specified in this section and general compliance with standards and consultation with the ombudsman in the area in which the long-term care facility is located. (d) Any person who submits or reports a complaint concerning a suspected violation of the residents' rights or concerning services or conditions in a facility or who testifies in any administrative or judicial proceeding arising from the complaint shall have immunity from civil liability thereof unless that person has acted in bad faith or with malicious purpose or if the court finds that there was a complete absence of a justiciable issue of either law or fact. Acts 1999, No. 1181, § 3.

(a) All long-term care facilities shall adopt and make public a statement of the rights and responsibilities of the residents of the facilities and shall treat the residents in accordance with the provisions of that statement. The statement shall assure each resident of the following: (1) The right to be fully informed in writing and orally, before or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Title XVIII or Title XIX of the Social Security Act or not covered by the basic per diem rates and of bed reservation and refund policies of the facility; (2) The right to examine at any time the results which the facility shall post of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility; (3) The right to have copies of the rules and regulations of the facility and an explanation of the responsibility of the resident to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents; (4) (A) The right to manage his or her own financial affairs or to delegate that responsibility to the licensee but only to the extent of the funds held in trust by the licensee for the resident. (B) The facility may not require a resident to deposit personal funds with the facility. (C) However, upon written authorization of a resident, the facility shall hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows: (i) The facility shall establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles or regulations established by the Office of Long-Term Care, of each resident's personal funds entrusted to the facility on the resident's behalf; (ii) The accounting system established and maintained by the facility shall preclude any commingling of resident funds with facility funds or with the funds of any person other than a resident; (iii) An annual accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident; and (iv) The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act. (D) An annual accounting of any transactions made on behalf of the resident shall be furnished to the resident or to the person responsible for the resident; (5) (A) The right to freedom of choice in selecting a personal physician, to obtain pharmaceutical supplies and services from a pharmacy of the resident's choice, at the resident's own expense or through Title XIX of the Social Security Act, and to obtain information about and to participate in community-based activities programs, unless medically contraindicated as documented by a physician in the resident's medical record. (B) (i) If a resident chooses to use a community pharmacy and if the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents. (ii) If a resident chooses to use a community unit-dose system and if the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents; (6) The right to be adequately informed of his or her medical condition and proposed treatment unless the resident is determined to be unable to provide informed consent under Arkansas law, the right to be fully informed in advance of any nonemergency changes in care or treatment that may affect the resident's well-being, and except with respect to a resident adjudged incompetent, the right to participate in the planning of all medical treatment, including the right to refuse medication and treatment unless otherwise indicated by the resident's physician and to know the consequences of such actions; (7) (A) (i) The right to refuse medication or treatment and to be informed of the consequences of such decisions unless determined unable to provide informed consent under state law. (ii) When the resident refuses medication or treatment, the facility shall notify the resident or the resident's legal representative of the consequences of such a decision and shall document the resident's decision in his or her medical record. (B) The facility shall continue to provide other services the resident agrees to in accordance with the residential care plan; (8) The right to receive adequate and appropriate health care and protective and support services, including social services, mental health services if available, planned recreational activities, and therapeutic and rehabilitative services consistent with the residential care plan, with established and recognized practice standards within the community, and with rules as adopted by the office; (9) The right to have privacy in treatment and in caring for personal needs, to close room doors and to have facility personnel knock before entering the room except in the case of an emergency or unless medically contraindicated, and to security in storing and using personal possessions. Privacy of the resident's body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance; (10) The right to receive notice before the room of the resident in the facility is changed; (11) (A) The right to be informed of the bed reservation policy for a hospitalization. (B) (i) The facility shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to thirty (30) days, provided that the facility receives reimbursement. (ii) Any resident who is a recipient of assistance under Title XIX of the Social Security Act or the resident's designee or legal representative shall be informed by the licensee that his or her bed for which there is Title XIX reimbursement available will be reserved up to five (5) days but that the bed will not be reserved if it is medically determined by a physician that the resident will not need it or will not be able to return to the facility or if the office determines that the facility's occupancy rate ensures the availability of a bed for the resident. (C) Notice shall be provided within twenty-four (24) hours of hospitalization; (12) (A) The right to be transferred or discharged only for medical reasons or for the welfare of other residents and the right to be given reasonable advance notice of no less than thirty (30) days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the facility or in the case of conflicting rules and regulations which govern Title XVIII or Title XIX of the Social Security Act. (B) For nonpayment of a bill for care received, the resident shall be given thirty (30) days' advance notice. (C) (i) A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes. (ii) Admission to a facility operated by a licensee may not be conditioned upon a waiver of such a right, and any document or provision in a document which purports to waive or preclude such a right is void and unenforceable. (iii) Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver of a resident's rights as established herein is subject to disciplinary action as provided in subsection (c) of this section. (D) The resident and the family or representative of the resident shall be consulted in choosing another facility; (13) For residents of Medicaid-certified or Medicare-certified facilities, the right to challenge a decision by the facility to discharge or transfer the resident, as required under 42 C.F.R. § 483.204 ; (14) (A) The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency. (B) (i) In the case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter. (ii) Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety; (15) (A) The right to retain and use personal clothing and possessions as space permits unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident's medical record by a physician. (B) If clothing is provided to the resident by the licensee, it shall be of reasonable fit; (16) (A) (i) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident's choice during visiting hours, provided that such visitors are not disruptive or dangerous, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII and Title XIX of the Social Security Act regulations, without the resident's losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. (ii) Unless otherwise indicated in the residential care plan, the licensee, with the consent of the resident and in accordance with policies approved by the office, shall permit access by recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy to the facility during visiting hours for the purpose of visiting with and providing services to any resident. Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. (B) The resident has the right to deny or withdraw consent to access at any time by any entity or individual. (C) Notwithstanding the visiting policy of the facility, the following individuals shall be permitted immediate access to the resident: (i) Any representative of the federal or state government, including, but not limited to, representatives of the Department of Human Services, any law enforcement officer, any ombudsman, and the resident's individual physician; and (ii) Subject to the resident's right to deny or withdraw consent, immediate family or other relatives of the resident; (17) (A) (i) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person, to recommend changes in policies and services to facility personnel, and to join with other residents or individuals within or outside the facility to work for improvements in resident care, freedom from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. (ii) The facility shall allow any ombudsman to examine a resident's clinical records with the permission of the resident or the resident's legal representative and consistent with state law. (B) The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents; (18) The right to organize and participate in resident groups in the facility and the right to have the resident's family meet in the facility with the families of other residents; (19) The right to participate in social, religious, and community activities that do not interfere with the rights of other residents; (20) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decisions which will not be infringed upon and the right to encouragement and assistance from the staff of the facility in the exercise of these rights; and (21) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis.

(1) The right to be fully informed in writing and orally, before or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Title XVIII or Title XIX of the Social Security Act or not covered by the basic per diem rates and of bed reservation and refund policies of the facility;

(2) The right to examine at any time the results which the facility shall post of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility;

(3) The right to have copies of the rules and regulations of the facility and an explanation of the responsibility of the resident to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents;

(4) (A) The right to manage his or her own financial affairs or to delegate that responsibility to the licensee but only to the extent of the funds held in trust by the licensee for the resident. (B) The facility may not require a resident to deposit personal funds with the facility. (C) However, upon written authorization of a resident, the facility shall hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows: (i) The facility shall establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles or regulations established by the Office of Long-Term Care, of each resident's personal funds entrusted to the facility on the resident's behalf; (ii) The accounting system established and maintained by the facility shall preclude any commingling of resident funds with facility funds or with the funds of any person other than a resident; (iii) An annual accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident; and (iv) The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act. (D) An annual accounting of any transactions made on behalf of the resident shall be furnished to the resident or to the person responsible for the resident;

(A) The right to manage his or her own financial affairs or to delegate that responsibility to the licensee but only to the extent of the funds held in trust by the licensee for the resident.

(B) The facility may not require a resident to deposit personal funds with the facility.

(C) However, upon written authorization of a resident, the facility shall hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows: (i) The facility shall establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles or regulations established by the Office of Long-Term Care, of each resident's personal funds entrusted to the facility on the resident's behalf; (ii) The accounting system established and maintained by the facility shall preclude any commingling of resident funds with facility funds or with the funds of any person other than a resident; (iii) An annual accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident; and (iv) The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act.

(i) The facility shall establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles or regulations established by the Office of Long-Term Care, of each resident's personal funds entrusted to the facility on the resident's behalf;

(ii) The accounting system established and maintained by the facility shall preclude any commingling of resident funds with facility funds or with the funds of any person other than a resident;

(iii) An annual accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident; and

(iv) The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act.

(D) An annual accounting of any transactions made on behalf of the resident shall be furnished to the resident or to the person responsible for the resident;

(5) (A) The right to freedom of choice in selecting a personal physician, to obtain pharmaceutical supplies and services from a pharmacy of the resident's choice, at the resident's own expense or through Title XIX of the Social Security Act, and to obtain information about and to participate in community-based activities programs, unless medically contraindicated as documented by a physician in the resident's medical record. (B) (i) If a resident chooses to use a community pharmacy and if the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents. (ii) If a resident chooses to use a community unit-dose system and if the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents;

(A) The right to freedom of choice in selecting a personal physician, to obtain pharmaceutical supplies and services from a pharmacy of the resident's choice, at the resident's own expense or through Title XIX of the Social Security Act, and to obtain information about and to participate in community-based activities programs, unless medically contraindicated as documented by a physician in the resident's medical record.

(B) (i) If a resident chooses to use a community pharmacy and if the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents. (ii) If a resident chooses to use a community unit-dose system and if the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents;

(i) If a resident chooses to use a community pharmacy and if the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents.

(ii) If a resident chooses to use a community unit-dose system and if the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents;

(6) The right to be adequately informed of his or her medical condition and proposed treatment unless the resident is determined to be unable to provide informed consent under Arkansas law, the right to be fully informed in advance of any nonemergency changes in care or treatment that may affect the resident's well-being, and except with respect to a resident adjudged incompetent, the right to participate in the planning of all medical treatment, including the right to refuse medication and treatment unless otherwise indicated by the resident's physician and to know the consequences of such actions;

(7) (A) (i) The right to refuse medication or treatment and to be informed of the consequences of such decisions unless determined unable to provide informed consent under state law. (ii) When the resident refuses medication or treatment, the facility shall notify the resident or the resident's legal representative of the consequences of such a decision and shall document the resident's decision in his or her medical record. (B) The facility shall continue to provide other services the resident agrees to in accordance with the residential care plan;

(A) (i) The right to refuse medication or treatment and to be informed of the consequences of such decisions unless determined unable to provide informed consent under state law. (ii) When the resident refuses medication or treatment, the facility shall notify the resident or the resident's legal representative of the consequences of such a decision and shall document the resident's decision in his or her medical record.

(i) The right to refuse medication or treatment and to be informed of the consequences of such decisions unless determined unable to provide informed consent under state law.

(ii) When the resident refuses medication or treatment, the facility shall notify the resident or the resident's legal representative of the consequences of such a decision and shall document the resident's decision in his or her medical record.

(B) The facility shall continue to provide other services the resident agrees to in accordance with the residential care plan;

(8) The right to receive adequate and appropriate health care and protective and support services, including social services, mental health services if available, planned recreational activities, and therapeutic and rehabilitative services consistent with the residential care plan, with established and recognized practice standards within the community, and with rules as adopted by the office;

(9) The right to have privacy in treatment and in caring for personal needs, to close room doors and to have facility personnel knock before entering the room except in the case of an emergency or unless medically contraindicated, and to security in storing and using personal possessions. Privacy of the resident's body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance;

(10) The right to receive notice before the room of the resident in the facility is changed;

(11) (A) The right to be informed of the bed reservation policy for a hospitalization. (B) (i) The facility shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to thirty (30) days, provided that the facility receives reimbursement. (ii) Any resident who is a recipient of assistance under Title XIX of the Social Security Act or the resident's designee or legal representative shall be informed by the licensee that his or her bed for which there is Title XIX reimbursement available will be reserved up to five (5) days but that the bed will not be reserved if it is medically determined by a physician that the resident will not need it or will not be able to return to the facility or if the office determines that the facility's occupancy rate ensures the availability of a bed for the resident. (C) Notice shall be provided within twenty-four (24) hours of hospitalization;

(A) The right to be informed of the bed reservation policy for a hospitalization.

(B) (i) The facility shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to thirty (30) days, provided that the facility receives reimbursement. (ii) Any resident who is a recipient of assistance under Title XIX of the Social Security Act or the resident's designee or legal representative shall be informed by the licensee that his or her bed for which there is Title XIX reimbursement available will be reserved up to five (5) days but that the bed will not be reserved if it is medically determined by a physician that the resident will not need it or will not be able to return to the facility or if the office determines that the facility's occupancy rate ensures the availability of a bed for the resident.

(i) The facility shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to thirty (30) days, provided that the facility receives reimbursement.

(ii) Any resident who is a recipient of assistance under Title XIX of the Social Security Act or the resident's designee or legal representative shall be informed by the licensee that his or her bed for which there is Title XIX reimbursement available will be reserved up to five (5) days but that the bed will not be reserved if it is medically determined by a physician that the resident will not need it or will not be able to return to the facility or if the office determines that the facility's occupancy rate ensures the availability of a bed for the resident.

(C) Notice shall be provided within twenty-four (24) hours of hospitalization;

(12) (A) The right to be transferred or discharged only for medical reasons or for the welfare of other residents and the right to be given reasonable advance notice of no less than thirty (30) days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the facility or in the case of conflicting rules and regulations which govern Title XVIII or Title XIX of the Social Security Act. (B) For nonpayment of a bill for care received, the resident shall be given thirty (30) days' advance notice. (C) (i) A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes. (ii) Admission to a facility operated by a licensee may not be conditioned upon a waiver of such a right, and any document or provision in a document which purports to waive or preclude such a right is void and unenforceable. (iii) Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver of a resident's rights as established herein is subject to disciplinary action as provided in subsection (c) of this section. (D) The resident and the family or representative of the resident shall be consulted in choosing another facility;

(A) The right to be transferred or discharged only for medical reasons or for the welfare of other residents and the right to be given reasonable advance notice of no less than thirty (30) days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the facility or in the case of conflicting rules and regulations which govern Title XVIII or Title XIX of the Social Security Act.

(B) For nonpayment of a bill for care received, the resident shall be given thirty (30) days' advance notice.

(C) (i) A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes. (ii) Admission to a facility operated by a licensee may not be conditioned upon a waiver of such a right, and any document or provision in a document which purports to waive or preclude such a right is void and unenforceable. (iii) Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver of a resident's rights as established herein is subject to disciplinary action as provided in subsection (c) of this section.

(i) A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes.

(ii) Admission to a facility operated by a licensee may not be conditioned upon a waiver of such a right, and any document or provision in a document which purports to waive or preclude such a right is void and unenforceable.

(iii) Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver of a resident's rights as established herein is subject to disciplinary action as provided in subsection (c) of this section.

(D) The resident and the family or representative of the resident shall be consulted in choosing another facility;

(13) For residents of Medicaid-certified or Medicare-certified facilities, the right to challenge a decision by the facility to discharge or transfer the resident, as required under 42 C.F.R. § 483.204 ;

(14) (A) The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency. (B) (i) In the case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter. (ii) Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety;

(A) The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency.

(B) (i) In the case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter. (ii) Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety;

(i) In the case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter.

(ii) Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety;

(15) (A) The right to retain and use personal clothing and possessions as space permits unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident's medical record by a physician. (B) If clothing is provided to the resident by the licensee, it shall be of reasonable fit;

(A) The right to retain and use personal clothing and possessions as space permits unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident's medical record by a physician.

(B) If clothing is provided to the resident by the licensee, it shall be of reasonable fit;

(16) (A) (i) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident's choice during visiting hours, provided that such visitors are not disruptive or dangerous, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII and Title XIX of the Social Security Act regulations, without the resident's losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. (ii) Unless otherwise indicated in the residential care plan, the licensee, with the consent of the resident and in accordance with policies approved by the office, shall permit access by recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy to the facility during visiting hours for the purpose of visiting with and providing services to any resident. Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. (B) The resident has the right to deny or withdraw consent to access at any time by any entity or individual. (C) Notwithstanding the visiting policy of the facility, the following individuals shall be permitted immediate access to the resident: (i) Any representative of the federal or state government, including, but not limited to, representatives of the Department of Human Services, any law enforcement officer, any ombudsman, and the resident's individual physician; and (ii) Subject to the resident's right to deny or withdraw consent, immediate family or other relatives of the resident;

(A) (i) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident's choice during visiting hours, provided that such visitors are not disruptive or dangerous, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII and Title XIX of the Social Security Act regulations, without the resident's losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. (ii) Unless otherwise indicated in the residential care plan, the licensee, with the consent of the resident and in accordance with policies approved by the office, shall permit access by recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy to the facility during visiting hours for the purpose of visiting with and providing services to any resident. Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident.

(i) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident's choice during visiting hours, provided that such visitors are not disruptive or dangerous, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII and Title XIX of the Social Security Act regulations, without the resident's losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends.

(ii) Unless otherwise indicated in the residential care plan, the licensee, with the consent of the resident and in accordance with policies approved by the office, shall permit access by recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy to the facility during visiting hours for the purpose of visiting with and providing services to any resident. Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident.

(B) The resident has the right to deny or withdraw consent to access at any time by any entity or individual.

(C) Notwithstanding the visiting policy of the facility, the following individuals shall be permitted immediate access to the resident: (i) Any representative of the federal or state government, including, but not limited to, representatives of the Department of Human Services, any law enforcement officer, any ombudsman, and the resident's individual physician; and (ii) Subject to the resident's right to deny or withdraw consent, immediate family or other relatives of the resident;

(i) Any representative of the federal or state government, including, but not limited to, representatives of the Department of Human Services, any law enforcement officer, any ombudsman, and the resident's individual physician; and

(ii) Subject to the resident's right to deny or withdraw consent, immediate family or other relatives of the resident;

(17) (A) (i) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person, to recommend changes in policies and services to facility personnel, and to join with other residents or individuals within or outside the facility to work for improvements in resident care, freedom from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. (ii) The facility shall allow any ombudsman to examine a resident's clinical records with the permission of the resident or the resident's legal representative and consistent with state law. (B) The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents;

(A) (i) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person, to recommend changes in policies and services to facility personnel, and to join with other residents or individuals within or outside the facility to work for improvements in resident care, freedom from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. (ii) The facility shall allow any ombudsman to examine a resident's clinical records with the permission of the resident or the resident's legal representative and consistent with state law.

(i) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person, to recommend changes in policies and services to facility personnel, and to join with other residents or individuals within or outside the facility to work for improvements in resident care, freedom from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups.

(ii) The facility shall allow any ombudsman to examine a resident's clinical records with the permission of the resident or the resident's legal representative and consistent with state law.

(B) The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents;

(18) The right to organize and participate in resident groups in the facility and the right to have the resident's family meet in the facility with the families of other residents;

(19) The right to participate in social, religious, and community activities that do not interfere with the rights of other residents;

(20) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decisions which will not be infringed upon and the right to encouragement and assistance from the staff of the facility in the exercise of these rights; and

(21) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis.

(b) (1) (A) The licensee for each long-term care facility shall orally inform the resident of the resident's rights and provide a copy of the statement required by subdivision (a)(21) of this section to each resident or the resident's legal representative at or before the resident's admission to a facility. (B) The written statement of rights shall include a statement that a resident may file a complaint with the office or the ombudsman. (C) The statement shall be in boldface type and shall include the name, address, and telephone numbers of the ombudsman and adult abuse registry where complaints may be lodged. (2) (A) The licensee shall provide a copy of the residents' rights to each staff member of the facility. (B) Each such licensee shall prepare a written plan and provide appropriate staff training to implement the provisions of this section.

(1) (A) The licensee for each long-term care facility shall orally inform the resident of the resident's rights and provide a copy of the statement required by subdivision (a)(21) of this section to each resident or the resident's legal representative at or before the resident's admission to a facility. (B) The written statement of rights shall include a statement that a resident may file a complaint with the office or the ombudsman. (C) The statement shall be in boldface type and shall include the name, address, and telephone numbers of the ombudsman and adult abuse registry where complaints may be lodged.

(A) The licensee for each long-term care facility shall orally inform the resident of the resident's rights and provide a copy of the statement required by subdivision (a)(21) of this section to each resident or the resident's legal representative at or before the resident's admission to a facility.

(B) The written statement of rights shall include a statement that a resident may file a complaint with the office or the ombudsman.

(C) The statement shall be in boldface type and shall include the name, address, and telephone numbers of the ombudsman and adult abuse registry where complaints may be lodged.

(2) (A) The licensee shall provide a copy of the residents' rights to each staff member of the facility. (B) Each such licensee shall prepare a written plan and provide appropriate staff training to implement the provisions of this section.

(A) The licensee shall provide a copy of the residents' rights to each staff member of the facility.

(B) Each such licensee shall prepare a written plan and provide appropriate staff training to implement the provisions of this section.

(c) (1) Any violation of the residents' rights set forth in this section may constitute grounds for action by the office. (2) In order to determine whether the licensee is adequately protecting residents' rights, the annual inspection of the facility shall include private, informal conversations with a sample of residents to discuss residents' experiences within the facility with respect to rights specified in this section and general compliance with standards and consultation with the ombudsman in the area in which the long-term care facility is located.

(1) Any violation of the residents' rights set forth in this section may constitute grounds for action by the office.

(2) In order to determine whether the licensee is adequately protecting residents' rights, the annual inspection of the facility shall include private, informal conversations with a sample of residents to discuss residents' experiences within the facility with respect to rights specified in this section and general compliance with standards and consultation with the ombudsman in the area in which the long-term care facility is located.

(d) Any person who submits or reports a complaint concerning a suspected violation of the residents' rights or concerning services or conditions in a facility or who testifies in any administrative or judicial proceeding arising from the complaint shall have immunity from civil liability thereof unless that person has acted in bad faith or with malicious purpose or if the court finds that there was a complete absence of a justiciable issue of either law or fact.

Acts 1999, No. 1181, § 3.
Ark. Code Ann. § 20-10-220 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-220
Construction program - Application for funds
Status: in_force

(a) Applications for medical facilities construction projects for which federal funds are requested shall be submitted to the Department of Human Services and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a medical facility. (b) However, no application for a diagnostic or treatment center shall be approved unless the applicant is: (1) The state, a political subdivision, or a public agency; or (2) A person, corporation, or association which owns and operates a nonprofit hospital. (c) Each application for a construction project shall conform to federal and state requirements. (d) If after affording reasonable opportunity for development and presentation of applications in the order of relative need the department finds that a project application complies with the requirements of subsection (a) of this section and is otherwise in conformity with the state plan, then it shall approve the application and shall recommend and forward it to the United States Surgeon General. (e) The department by rule shall provide an opportunity for fair hearing and appeal to every applicant who is dissatisfied with any action regarding an application. Amended by Act 2019, No. 315,§ 1870, eff. 7/24/2019. Acts 1961, No. 414, §§ 15, 16; A.S.A. 1947, §§ 82-341, 82-342.

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

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

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

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

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

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

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

Amended by Act 2019, No. 315,§ 1870, eff. 7/24/2019.

Acts 1961, No. 414, §§ 15, 16; A.S.A. 1947, §§ 82-341, 82-342.
Ark. Code Ann. § 20-14-806 — AR Code / Title 20 / Chapter 14 / Subchapter 8 / Section 20-14-806
Powers and duties of Secretary of Department of Health
Status: in_force

(a) After consideration of the recommendation of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf, the Secretary of the Department of Health shall: (1) Issue or deny a license or a renewal of license of a licensed qualified interpreter; (2) Issue or deny a license or a renewal of a licensed provisional interpreter license; (3) Confirm or overrule a recommendation to revoke or suspend a license for an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf; (4) Create and maintain a registry of licensed qualified interpreters; and (5) Establish reasonable fees for licensure and renewal of licensure. (b) Before a rule is promulgated under this subchapter, the proposed rule shall be presented to the Legislative Council. Amended by Act 2019, No. 910,§ 4996, eff. 7/1/2019. Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.

(a) After consideration of the recommendation of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf, the Secretary of the Department of Health shall: (1) Issue or deny a license or a renewal of license of a licensed qualified interpreter; (2) Issue or deny a license or a renewal of a licensed provisional interpreter license; (3) Confirm or overrule a recommendation to revoke or suspend a license for an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf; (4) Create and maintain a registry of licensed qualified interpreters; and (5) Establish reasonable fees for licensure and renewal of licensure.

(1) Issue or deny a license or a renewal of license of a licensed qualified interpreter;

(2) Issue or deny a license or a renewal of a licensed provisional interpreter license;

(3) Confirm or overrule a recommendation to revoke or suspend a license for an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf;

(4) Create and maintain a registry of licensed qualified interpreters; and

(5) Establish reasonable fees for licensure and renewal of licensure.

(b) Before a rule is promulgated under this subchapter, the proposed rule shall be presented to the Legislative Council.

Amended by Act 2019, No. 910,§ 4996, eff. 7/1/2019.

Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-15-101 — AR Code / Title 20 / Chapter 15 / Subchapter 1 / Section 20-15-101
Hepatitis C screening during pregnancy
Status: in_force

(a) (1) In addition to the testing of pregnant women required under § 20-16-507 , a physician or a healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or any other person who is attending or providing medical treatment to a pregnant woman in this state shall: (A) Take or cause to be taken a sample of venous blood or other approved specimen as early as reasonably possible in the pregnancy or at the time of delivery if the physician or healthcare provider did not attend the pregnant woman prenatally; and (B) Submit the sample to an approved laboratory for a standard test for Hepatitis C. (2) (A) If the pregnant woman declines to be tested for Hepatitis C, the physician or healthcare provider shall record in the patient's medical records that the pregnant woman was not tested for Hepatitis C based upon the refusal of the patient. (B) The record of a patient refusal relieves the physician, the healthcare provider, and the Department of Corrections of any responsibility under this subsection. (b) A physician or healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or other person who is attending or providing medical treatment to a pregnant woman shall: (1) Inform a pregnant woman that Hepatitis C may be transmitted from a mother with Hepatitis C to her unborn child and that Hepatitis C may be prevented if the mother's Hepatitis C is diagnosed and treated; and (2) Provide counseling and instruction to the pregnant woman regarding Hepatitis C in a manner determined by the Department of Health based on contemporary state and federal standards. (c) (1) Records, reports, data, or other information collected or maintained under this section that identify or could be used to identify an individual patient, healthcare provider, or institution are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., or subject to subpoena, discovery, or introduction into evidence in a civil proceeding. (2) Subdivision (c)(1) of this section does not affect the reports required to be submitted by the Department of Health under any other laws, rules, or federal regulations. Amended by Act 2023, No. 205,§ 2, eff. 8/1/2023. Added by Act 2021, No. 598,§ 2, eff. 7/28/2021.

(a) (1) In addition to the testing of pregnant women required under § 20-16-507 , a physician or a healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or any other person who is attending or providing medical treatment to a pregnant woman in this state shall: (A) Take or cause to be taken a sample of venous blood or other approved specimen as early as reasonably possible in the pregnancy or at the time of delivery if the physician or healthcare provider did not attend the pregnant woman prenatally; and (B) Submit the sample to an approved laboratory for a standard test for Hepatitis C. (2) (A) If the pregnant woman declines to be tested for Hepatitis C, the physician or healthcare provider shall record in the patient's medical records that the pregnant woman was not tested for Hepatitis C based upon the refusal of the patient. (B) The record of a patient refusal relieves the physician, the healthcare provider, and the Department of Corrections of any responsibility under this subsection.

(1) In addition to the testing of pregnant women required under § 20-16-507 , a physician or a healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or any other person who is attending or providing medical treatment to a pregnant woman in this state shall: (A) Take or cause to be taken a sample of venous blood or other approved specimen as early as reasonably possible in the pregnancy or at the time of delivery if the physician or healthcare provider did not attend the pregnant woman prenatally; and (B) Submit the sample to an approved laboratory for a standard test for Hepatitis C.

(A) Take or cause to be taken a sample of venous blood or other approved specimen as early as reasonably possible in the pregnancy or at the time of delivery if the physician or healthcare provider did not attend the pregnant woman prenatally; and

(B) Submit the sample to an approved laboratory for a standard test for Hepatitis C.

(2) (A) If the pregnant woman declines to be tested for Hepatitis C, the physician or healthcare provider shall record in the patient's medical records that the pregnant woman was not tested for Hepatitis C based upon the refusal of the patient. (B) The record of a patient refusal relieves the physician, the healthcare provider, and the Department of Corrections of any responsibility under this subsection.

(A) If the pregnant woman declines to be tested for Hepatitis C, the physician or healthcare provider shall record in the patient's medical records that the pregnant woman was not tested for Hepatitis C based upon the refusal of the patient.

(B) The record of a patient refusal relieves the physician, the healthcare provider, and the Department of Corrections of any responsibility under this subsection.

(b) A physician or healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or other person who is attending or providing medical treatment to a pregnant woman shall: (1) Inform a pregnant woman that Hepatitis C may be transmitted from a mother with Hepatitis C to her unborn child and that Hepatitis C may be prevented if the mother's Hepatitis C is diagnosed and treated; and (2) Provide counseling and instruction to the pregnant woman regarding Hepatitis C in a manner determined by the Department of Health based on contemporary state and federal standards.

(1) Inform a pregnant woman that Hepatitis C may be transmitted from a mother with Hepatitis C to her unborn child and that Hepatitis C may be prevented if the mother's Hepatitis C is diagnosed and treated; and

(2) Provide counseling and instruction to the pregnant woman regarding Hepatitis C in a manner determined by the Department of Health based on contemporary state and federal standards.

(c) (1) Records, reports, data, or other information collected or maintained under this section that identify or could be used to identify an individual patient, healthcare provider, or institution are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., or subject to subpoena, discovery, or introduction into evidence in a civil proceeding. (2) Subdivision (c)(1) of this section does not affect the reports required to be submitted by the Department of Health under any other laws, rules, or federal regulations.

(1) Records, reports, data, or other information collected or maintained under this section that identify or could be used to identify an individual patient, healthcare provider, or institution are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., or subject to subpoena, discovery, or introduction into evidence in a civil proceeding.

(2) Subdivision (c)(1) of this section does not affect the reports required to be submitted by the Department of Health under any other laws, rules, or federal regulations.

Amended by Act 2023, No. 205,§ 2, eff. 8/1/2023.

Added by Act 2021, No. 598,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 20-18-601 — AR Code / Title 20 / Chapter 18 / Subchapter 6 / Section 20-18-601
Registration generally
Status: in_force

(a) (1) A death certificate for each death that occurs in this state shall be filed with the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records within ten (10) days after the death or the finding of a dead body and shall be registered if the death certificate has been completed and filed in accordance with this section. (2) A fact-of-death record for each death that occurs in this state shall be filed with the division within three (3) calendar days after the death or the finding of a dead body. (3) (A) If the place of death is unknown but the dead body is found in this state, the death certificate shall be completed and filed in accordance with this section. (B) The place where the dead body is found shall be shown as the place of death. (C) (i) If the date of death is unknown, it shall be determined by approximation. (ii) If the date cannot be determined by approximation, the date found shall be entered and identified as such. (4) (A) If a death occurs in a moving conveyance in the United States and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, and the place where the dead body is first removed shall be considered the place of death. (B) If a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, but the certificate shall show the actual place of death insofar as the place of death can be determined. (C) In all other cases, the place where death is pronounced shall be considered the place where death occurred. (b) The funeral director or the person acting as the funeral director who first assumes custody of the dead body shall: (1) File the death certificate and fact-of-death record; (2) Obtain the personal data from the next of kin or the best qualified person or source available; (3) Obtain the medical certification from the person responsible for the medical certification, as set forth in subsection (c) of this section; and (4) Provide a death certificate that contains sufficient information to identify the decedent to the certifier. (c) (1) (A) (i) The medical certification shall be completed, signed, and returned to the funeral director within three (3) business days after receipt of the death certificate by the physician in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by § 12-12-315 , § 12-12-318 , or § 14-15-301 et seq. (ii) Except as provided in subsection (i) of this section, a medical certification shall be completed using the electronic process or system designated by the division. (B) (i) In the absence of the physician or with his or her approval, the certificate may be completed and signed by his or her associate physician, by the chief medical officer of the institution in which death occurred, by the pathologist who performed an autopsy upon the decedent, or by a registered nurse as provided in this subsection, if the individual has access to the medical history of the case and has reviewed the coroner's report, if required, and if the death is due to natural causes. (ii) The individual completing the cause-of-death section of the certificate shall attest to its accuracy either by a signature as authorized under subsection (i) of this section or by approved electronic process. (2) (A) The Arkansas State Medical Board shall enforce by rule subdivision (c)(1) of this section concerning the time period in which the medical certification shall be executed. (B) (i) If a physician refuses or otherwise fails to complete, sign, and return the medical certification to the funeral director within three (3) business days as required by subdivision (c)(1) of this section, the funeral director may notify the board of the failure to complete, sign, or return the medical certification within three (3) business days as required by subdivision (c)(1) of this section. (ii) The board shall assess against a physician described in subdivision (c)(2)(B)(i) of this section a fine not to exceed two hundred fifty dollars ($250) unless the physician shows good cause for the refusal or failure. (3) A registered nurse employed by the attending hospice may complete and sign the medical certification of death and pronounce death for a patient who is terminally ill, whose death is anticipated, who is receiving services from a hospice program certified under § 20-7-117 , and who dies in a hospice inpatient program or as a hospice patient in a nursing home or hospital. (4) (A) If the hospice patient dies in the home, the registered nurse may make pronouncement of death. (B) However, the coroner and the chief law enforcement official of the county or municipality where death occurred shall be immediately notified in accordance with § 12-12-315 . (5) (A) The Department of Health shall provide hospitals, nursing homes, and hospices with the appropriate death certificate forms, which will be made available to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (B) When death occurs outside these health facilities, the funeral home shall provide the death certificate to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (d) (1) If the cause of death appears to be other than the illness or condition for which the deceased was being treated or if inquiry is required by either of the laws referred to in subsection (c) of this section, the case shall be referred to the office of the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found for investigation to determine and certify the cause of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (2) If the State Medical Examiner or county coroner determines that the case does not fall within his or her jurisdiction, he or she shall within twenty-four (24) hours refer the case back to the physician for completion of the medical certification. (e) (1) When inquiry is required by either of the laws referred to in subsection (c) of this section, the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found shall determine the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case. (2) A medical certification completed and signed by the State Medical Examiner or coroner shall be completed using an approved electronic process or system or another process designated by the division under subsection (i) of this section. (f) (1) If the cause of death cannot be determined within the time periods under subsection (c) or subsection (e) of this section, the medical certification shall be completed as provided by rule. (2) The attending physician, State Medical Examiner, or county coroner shall give the funeral director or person acting as the funeral director notice of the reason for the delay, and final disposition of the dead body shall not be made until authorized by the attending physician or State Medical Examiner or county coroner. (g) When a death is presumed to have occurred within this state but the dead body cannot be located, a death certificate may be prepared by the state registrar only upon receipt of an order of a court of competent jurisdiction, which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked "PRESUMPTIVE" and shall show on its face the date of death as determined by the court and the date of registration and shall identify the court and the date of the decree. (h) Upon receipt of autopsy results or other information that would change the information in the cause-of-death section of the death certificate from that originally reported, the certifier immediately shall file a supplemental report of cause of death with the division in order to amend the record. (i) (1) Upon request, the department may grant a waiver from the requirement of subdivision (c)(1)(A)(ii) of this section that a medical certification be completed using an electronic process or system if a person requesting the waiver: (A) Regularly signs fewer than ten (10) medical certifications per year; or (B) Shows other good cause for a waiver as determined by the department in its discretion. (2) A physician who is granted a waiver under subdivision (i)(1) of this section: (A) Shall not be fined under subdivision (c)(2)(B) of this section for failure to submit medical certification using an electronic process or system; and (B) Is liable for failure to submit a medical certification in a timely manner under subdivision (c)(1)(A)(i) of this section. Amended by Act 2021, No. 674,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1975, eff. 7/24/2019. Amended by Act 2019, No. 975,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 975,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1078,§ 1, eff. 8/1/2017. Acts 1981, No. 120, § 13; A.S.A. 1947, § 82-513; Acts 1989, No. 396, § 3; 1995, No. 311, § 1; 1995, No. 1254, § 25; 2007, No. 702, § 1; 2009, No. 1288, § 2.

(a) (1) A death certificate for each death that occurs in this state shall be filed with the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records within ten (10) days after the death or the finding of a dead body and shall be registered if the death certificate has been completed and filed in accordance with this section. (2) A fact-of-death record for each death that occurs in this state shall be filed with the division within three (3) calendar days after the death or the finding of a dead body. (3) (A) If the place of death is unknown but the dead body is found in this state, the death certificate shall be completed and filed in accordance with this section. (B) The place where the dead body is found shall be shown as the place of death. (C) (i) If the date of death is unknown, it shall be determined by approximation. (ii) If the date cannot be determined by approximation, the date found shall be entered and identified as such. (4) (A) If a death occurs in a moving conveyance in the United States and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, and the place where the dead body is first removed shall be considered the place of death. (B) If a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, but the certificate shall show the actual place of death insofar as the place of death can be determined. (C) In all other cases, the place where death is pronounced shall be considered the place where death occurred.

(1) A death certificate for each death that occurs in this state shall be filed with the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records within ten (10) days after the death or the finding of a dead body and shall be registered if the death certificate has been completed and filed in accordance with this section.

(2) A fact-of-death record for each death that occurs in this state shall be filed with the division within three (3) calendar days after the death or the finding of a dead body.

(3) (A) If the place of death is unknown but the dead body is found in this state, the death certificate shall be completed and filed in accordance with this section. (B) The place where the dead body is found shall be shown as the place of death. (C) (i) If the date of death is unknown, it shall be determined by approximation. (ii) If the date cannot be determined by approximation, the date found shall be entered and identified as such.

(A) If the place of death is unknown but the dead body is found in this state, the death certificate shall be completed and filed in accordance with this section.

(B) The place where the dead body is found shall be shown as the place of death.

(C) (i) If the date of death is unknown, it shall be determined by approximation. (ii) If the date cannot be determined by approximation, the date found shall be entered and identified as such.

(i) If the date of death is unknown, it shall be determined by approximation.

(ii) If the date cannot be determined by approximation, the date found shall be entered and identified as such.

(4) (A) If a death occurs in a moving conveyance in the United States and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, and the place where the dead body is first removed shall be considered the place of death. (B) If a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, but the certificate shall show the actual place of death insofar as the place of death can be determined. (C) In all other cases, the place where death is pronounced shall be considered the place where death occurred.

(A) If a death occurs in a moving conveyance in the United States and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, and the place where the dead body is first removed shall be considered the place of death.

(B) If a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, but the certificate shall show the actual place of death insofar as the place of death can be determined.

(C) In all other cases, the place where death is pronounced shall be considered the place where death occurred.

(b) The funeral director or the person acting as the funeral director who first assumes custody of the dead body shall: (1) File the death certificate and fact-of-death record; (2) Obtain the personal data from the next of kin or the best qualified person or source available; (3) Obtain the medical certification from the person responsible for the medical certification, as set forth in subsection (c) of this section; and (4) Provide a death certificate that contains sufficient information to identify the decedent to the certifier.

(1) File the death certificate and fact-of-death record;

(2) Obtain the personal data from the next of kin or the best qualified person or source available;

(3) Obtain the medical certification from the person responsible for the medical certification, as set forth in subsection (c) of this section; and

(4) Provide a death certificate that contains sufficient information to identify the decedent to the certifier.

(c) (1) (A) (i) The medical certification shall be completed, signed, and returned to the funeral director within three (3) business days after receipt of the death certificate by the physician in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by § 12-12-315 , § 12-12-318 , or § 14-15-301 et seq. (ii) Except as provided in subsection (i) of this section, a medical certification shall be completed using the electronic process or system designated by the division. (B) (i) In the absence of the physician or with his or her approval, the certificate may be completed and signed by his or her associate physician, by the chief medical officer of the institution in which death occurred, by the pathologist who performed an autopsy upon the decedent, or by a registered nurse as provided in this subsection, if the individual has access to the medical history of the case and has reviewed the coroner's report, if required, and if the death is due to natural causes. (ii) The individual completing the cause-of-death section of the certificate shall attest to its accuracy either by a signature as authorized under subsection (i) of this section or by approved electronic process. (2) (A) The Arkansas State Medical Board shall enforce by rule subdivision (c)(1) of this section concerning the time period in which the medical certification shall be executed. (B) (i) If a physician refuses or otherwise fails to complete, sign, and return the medical certification to the funeral director within three (3) business days as required by subdivision (c)(1) of this section, the funeral director may notify the board of the failure to complete, sign, or return the medical certification within three (3) business days as required by subdivision (c)(1) of this section. (ii) The board shall assess against a physician described in subdivision (c)(2)(B)(i) of this section a fine not to exceed two hundred fifty dollars ($250) unless the physician shows good cause for the refusal or failure. (3) A registered nurse employed by the attending hospice may complete and sign the medical certification of death and pronounce death for a patient who is terminally ill, whose death is anticipated, who is receiving services from a hospice program certified under § 20-7-117 , and who dies in a hospice inpatient program or as a hospice patient in a nursing home or hospital. (4) (A) If the hospice patient dies in the home, the registered nurse may make pronouncement of death. (B) However, the coroner and the chief law enforcement official of the county or municipality where death occurred shall be immediately notified in accordance with § 12-12-315 . (5) (A) The Department of Health shall provide hospitals, nursing homes, and hospices with the appropriate death certificate forms, which will be made available to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (B) When death occurs outside these health facilities, the funeral home shall provide the death certificate to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section.

(1) (A) (i) The medical certification shall be completed, signed, and returned to the funeral director within three (3) business days after receipt of the death certificate by the physician in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by § 12-12-315 , § 12-12-318 , or § 14-15-301 et seq. (ii) Except as provided in subsection (i) of this section, a medical certification shall be completed using the electronic process or system designated by the division. (B) (i) In the absence of the physician or with his or her approval, the certificate may be completed and signed by his or her associate physician, by the chief medical officer of the institution in which death occurred, by the pathologist who performed an autopsy upon the decedent, or by a registered nurse as provided in this subsection, if the individual has access to the medical history of the case and has reviewed the coroner's report, if required, and if the death is due to natural causes. (ii) The individual completing the cause-of-death section of the certificate shall attest to its accuracy either by a signature as authorized under subsection (i) of this section or by approved electronic process.

(A) (i) The medical certification shall be completed, signed, and returned to the funeral director within three (3) business days after receipt of the death certificate by the physician in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by § 12-12-315 , § 12-12-318 , or § 14-15-301 et seq. (ii) Except as provided in subsection (i) of this section, a medical certification shall be completed using the electronic process or system designated by the division.

(i) The medical certification shall be completed, signed, and returned to the funeral director within three (3) business days after receipt of the death certificate by the physician in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by § 12-12-315 , § 12-12-318 , or § 14-15-301 et seq.

(ii) Except as provided in subsection (i) of this section, a medical certification shall be completed using the electronic process or system designated by the division.

(B) (i) In the absence of the physician or with his or her approval, the certificate may be completed and signed by his or her associate physician, by the chief medical officer of the institution in which death occurred, by the pathologist who performed an autopsy upon the decedent, or by a registered nurse as provided in this subsection, if the individual has access to the medical history of the case and has reviewed the coroner's report, if required, and if the death is due to natural causes. (ii) The individual completing the cause-of-death section of the certificate shall attest to its accuracy either by a signature as authorized under subsection (i) of this section or by approved electronic process.

(i) In the absence of the physician or with his or her approval, the certificate may be completed and signed by his or her associate physician, by the chief medical officer of the institution in which death occurred, by the pathologist who performed an autopsy upon the decedent, or by a registered nurse as provided in this subsection, if the individual has access to the medical history of the case and has reviewed the coroner's report, if required, and if the death is due to natural causes.

(ii) The individual completing the cause-of-death section of the certificate shall attest to its accuracy either by a signature as authorized under subsection (i) of this section or by approved electronic process.

(2) (A) The Arkansas State Medical Board shall enforce by rule subdivision (c)(1) of this section concerning the time period in which the medical certification shall be executed. (B) (i) If a physician refuses or otherwise fails to complete, sign, and return the medical certification to the funeral director within three (3) business days as required by subdivision (c)(1) of this section, the funeral director may notify the board of the failure to complete, sign, or return the medical certification within three (3) business days as required by subdivision (c)(1) of this section. (ii) The board shall assess against a physician described in subdivision (c)(2)(B)(i) of this section a fine not to exceed two hundred fifty dollars ($250) unless the physician shows good cause for the refusal or failure.

(A) The Arkansas State Medical Board shall enforce by rule subdivision (c)(1) of this section concerning the time period in which the medical certification shall be executed.

(B) (i) If a physician refuses or otherwise fails to complete, sign, and return the medical certification to the funeral director within three (3) business days as required by subdivision (c)(1) of this section, the funeral director may notify the board of the failure to complete, sign, or return the medical certification within three (3) business days as required by subdivision (c)(1) of this section. (ii) The board shall assess against a physician described in subdivision (c)(2)(B)(i) of this section a fine not to exceed two hundred fifty dollars ($250) unless the physician shows good cause for the refusal or failure.

(i) If a physician refuses or otherwise fails to complete, sign, and return the medical certification to the funeral director within three (3) business days as required by subdivision (c)(1) of this section, the funeral director may notify the board of the failure to complete, sign, or return the medical certification within three (3) business days as required by subdivision (c)(1) of this section.

(ii) The board shall assess against a physician described in subdivision (c)(2)(B)(i) of this section a fine not to exceed two hundred fifty dollars ($250) unless the physician shows good cause for the refusal or failure.

(3) A registered nurse employed by the attending hospice may complete and sign the medical certification of death and pronounce death for a patient who is terminally ill, whose death is anticipated, who is receiving services from a hospice program certified under § 20-7-117 , and who dies in a hospice inpatient program or as a hospice patient in a nursing home or hospital.

(4) (A) If the hospice patient dies in the home, the registered nurse may make pronouncement of death. (B) However, the coroner and the chief law enforcement official of the county or municipality where death occurred shall be immediately notified in accordance with § 12-12-315 .

(A) If the hospice patient dies in the home, the registered nurse may make pronouncement of death.

(B) However, the coroner and the chief law enforcement official of the county or municipality where death occurred shall be immediately notified in accordance with § 12-12-315 .

(5) (A) The Department of Health shall provide hospitals, nursing homes, and hospices with the appropriate death certificate forms, which will be made available to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (B) When death occurs outside these health facilities, the funeral home shall provide the death certificate to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section.

(A) The Department of Health shall provide hospitals, nursing homes, and hospices with the appropriate death certificate forms, which will be made available to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section.

(B) When death occurs outside these health facilities, the funeral home shall provide the death certificate to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section.

(d) (1) If the cause of death appears to be other than the illness or condition for which the deceased was being treated or if inquiry is required by either of the laws referred to in subsection (c) of this section, the case shall be referred to the office of the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found for investigation to determine and certify the cause of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (2) If the State Medical Examiner or county coroner determines that the case does not fall within his or her jurisdiction, he or she shall within twenty-four (24) hours refer the case back to the physician for completion of the medical certification.

(1) If the cause of death appears to be other than the illness or condition for which the deceased was being treated or if inquiry is required by either of the laws referred to in subsection (c) of this section, the case shall be referred to the office of the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found for investigation to determine and certify the cause of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section.

(2) If the State Medical Examiner or county coroner determines that the case does not fall within his or her jurisdiction, he or she shall within twenty-four (24) hours refer the case back to the physician for completion of the medical certification.

(e) (1) When inquiry is required by either of the laws referred to in subsection (c) of this section, the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found shall determine the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case. (2) A medical certification completed and signed by the State Medical Examiner or coroner shall be completed using an approved electronic process or system or another process designated by the division under subsection (i) of this section.

(1) When inquiry is required by either of the laws referred to in subsection (c) of this section, the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found shall determine the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case.

(2) A medical certification completed and signed by the State Medical Examiner or coroner shall be completed using an approved electronic process or system or another process designated by the division under subsection (i) of this section.

(f) (1) If the cause of death cannot be determined within the time periods under subsection (c) or subsection (e) of this section, the medical certification shall be completed as provided by rule. (2) The attending physician, State Medical Examiner, or county coroner shall give the funeral director or person acting as the funeral director notice of the reason for the delay, and final disposition of the dead body shall not be made until authorized by the attending physician or State Medical Examiner or county coroner.

(1) If the cause of death cannot be determined within the time periods under subsection (c) or subsection (e) of this section, the medical certification shall be completed as provided by rule.

(2) The attending physician, State Medical Examiner, or county coroner shall give the funeral director or person acting as the funeral director notice of the reason for the delay, and final disposition of the dead body shall not be made until authorized by the attending physician or State Medical Examiner or county coroner.

(g) When a death is presumed to have occurred within this state but the dead body cannot be located, a death certificate may be prepared by the state registrar only upon receipt of an order of a court of competent jurisdiction, which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked "PRESUMPTIVE" and shall show on its face the date of death as determined by the court and the date of registration and shall identify the court and the date of the decree.

(h) Upon receipt of autopsy results or other information that would change the information in the cause-of-death section of the death certificate from that originally reported, the certifier immediately shall file a supplemental report of cause of death with the division in order to amend the record.

(i) (1) Upon request, the department may grant a waiver from the requirement of subdivision (c)(1)(A)(ii) of this section that a medical certification be completed using an electronic process or system if a person requesting the waiver: (A) Regularly signs fewer than ten (10) medical certifications per year; or (B) Shows other good cause for a waiver as determined by the department in its discretion. (2) A physician who is granted a waiver under subdivision (i)(1) of this section: (A) Shall not be fined under subdivision (c)(2)(B) of this section for failure to submit medical certification using an electronic process or system; and (B) Is liable for failure to submit a medical certification in a timely manner under subdivision (c)(1)(A)(i) of this section.

(1) Upon request, the department may grant a waiver from the requirement of subdivision (c)(1)(A)(ii) of this section that a medical certification be completed using an electronic process or system if a person requesting the waiver: (A) Regularly signs fewer than ten (10) medical certifications per year; or (B) Shows other good cause for a waiver as determined by the department in its discretion.

(A) Regularly signs fewer than ten (10) medical certifications per year; or

(B) Shows other good cause for a waiver as determined by the department in its discretion.

(2) A physician who is granted a waiver under subdivision (i)(1) of this section: (A) Shall not be fined under subdivision (c)(2)(B) of this section for failure to submit medical certification using an electronic process or system; and (B) Is liable for failure to submit a medical certification in a timely manner under subdivision (c)(1)(A)(i) of this section.

(A) Shall not be fined under subdivision (c)(2)(B) of this section for failure to submit medical certification using an electronic process or system; and

(B) Is liable for failure to submit a medical certification in a timely manner under subdivision (c)(1)(A)(i) of this section.

Amended by Act 2021, No. 674,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1975, eff. 7/24/2019.

Amended by Act 2019, No. 975,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 975,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1078,§ 1, eff. 8/1/2017.

Acts 1981, No. 120, § 13; A.S.A. 1947, § 82-513; Acts 1989, No. 396, § 3; 1995, No. 311, § 1; 1995, No. 1254, § 25; 2007, No. 702, § 1; 2009, No. 1288, § 2.
Ark. Code Ann. § 20-23-312 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-312
Inspection fees - Collection
Status: in_force

(a) (1) In addition to other remedies provided for by this chapter, if after the making of any inspection or accrual of any charge or penalty required or authorized by this chapter, the fee, penalty, or charge is not paid within thirty (30) days after demand upon whoever is liable therefor, the Director of the Division of Labor may employ an attorney, who is empowered without payment of costs or giving of bond for costs to institute suit in the name of the State of Arkansas in any court of competent jurisdiction to collect the fees, penalties, costs, and charges. (2) (A) The court where suit is brought pursuant to subdivision (a)(1) of this section for collection of fees, penalties, and charges shall, without limitation, based on the actual amount of the judgment award an attorney's fee equal to the actual cost to the Division of Labor or the Boiler Inspection Division for the regular hourly rate of pay of the attorney multiplied by the actual hours, including, but not limited to, travel time, litigation, and case review. (B) Furthermore, the court shall award, without limitation, based on the actual amount of the judgment an amount equal to all costs incurred by the Division of Labor or the Boiler Inspection Division, including, but not limited to, travel costs, witness fees, sheriff's service fees, or costs incurred pursuant to the collection of any judgment obtained by the Division of Labor or the Boiler Inspection Division. (b) (1) The plaintiff in the suits is given a lien upon the boiler and all parts, connections, and attachments thereto, whether attached to the land or not, to accrue the payment of the inspection fees for making the inspection. (2) The lien shall attach to the property at the time of making the inspection and shall continue until all inspection fees are paid. (3) The lien, when it so attaches, shall be held to be prior, paramount, and superior to the liens, claims, and demands of all persons whomsoever, whether owners, agents, mortgagees, trustees, and beneficiaries under trusts or owners whether prior in time or not. Amended by Act 2019, No. 910,§ 5459, eff. 7/1/2019. Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1997, No. 220, § 2.

(a) (1) In addition to other remedies provided for by this chapter, if after the making of any inspection or accrual of any charge or penalty required or authorized by this chapter, the fee, penalty, or charge is not paid within thirty (30) days after demand upon whoever is liable therefor, the Director of the Division of Labor may employ an attorney, who is empowered without payment of costs or giving of bond for costs to institute suit in the name of the State of Arkansas in any court of competent jurisdiction to collect the fees, penalties, costs, and charges. (2) (A) The court where suit is brought pursuant to subdivision (a)(1) of this section for collection of fees, penalties, and charges shall, without limitation, based on the actual amount of the judgment award an attorney's fee equal to the actual cost to the Division of Labor or the Boiler Inspection Division for the regular hourly rate of pay of the attorney multiplied by the actual hours, including, but not limited to, travel time, litigation, and case review. (B) Furthermore, the court shall award, without limitation, based on the actual amount of the judgment an amount equal to all costs incurred by the Division of Labor or the Boiler Inspection Division, including, but not limited to, travel costs, witness fees, sheriff's service fees, or costs incurred pursuant to the collection of any judgment obtained by the Division of Labor or the Boiler Inspection Division.

(1) In addition to other remedies provided for by this chapter, if after the making of any inspection or accrual of any charge or penalty required or authorized by this chapter, the fee, penalty, or charge is not paid within thirty (30) days after demand upon whoever is liable therefor, the Director of the Division of Labor may employ an attorney, who is empowered without payment of costs or giving of bond for costs to institute suit in the name of the State of Arkansas in any court of competent jurisdiction to collect the fees, penalties, costs, and charges.

(2) (A) The court where suit is brought pursuant to subdivision (a)(1) of this section for collection of fees, penalties, and charges shall, without limitation, based on the actual amount of the judgment award an attorney's fee equal to the actual cost to the Division of Labor or the Boiler Inspection Division for the regular hourly rate of pay of the attorney multiplied by the actual hours, including, but not limited to, travel time, litigation, and case review. (B) Furthermore, the court shall award, without limitation, based on the actual amount of the judgment an amount equal to all costs incurred by the Division of Labor or the Boiler Inspection Division, including, but not limited to, travel costs, witness fees, sheriff's service fees, or costs incurred pursuant to the collection of any judgment obtained by the Division of Labor or the Boiler Inspection Division.

(A) The court where suit is brought pursuant to subdivision (a)(1) of this section for collection of fees, penalties, and charges shall, without limitation, based on the actual amount of the judgment award an attorney's fee equal to the actual cost to the Division of Labor or the Boiler Inspection Division for the regular hourly rate of pay of the attorney multiplied by the actual hours, including, but not limited to, travel time, litigation, and case review.

(B) Furthermore, the court shall award, without limitation, based on the actual amount of the judgment an amount equal to all costs incurred by the Division of Labor or the Boiler Inspection Division, including, but not limited to, travel costs, witness fees, sheriff's service fees, or costs incurred pursuant to the collection of any judgment obtained by the Division of Labor or the Boiler Inspection Division.

(b) (1) The plaintiff in the suits is given a lien upon the boiler and all parts, connections, and attachments thereto, whether attached to the land or not, to accrue the payment of the inspection fees for making the inspection. (2) The lien shall attach to the property at the time of making the inspection and shall continue until all inspection fees are paid. (3) The lien, when it so attaches, shall be held to be prior, paramount, and superior to the liens, claims, and demands of all persons whomsoever, whether owners, agents, mortgagees, trustees, and beneficiaries under trusts or owners whether prior in time or not.

(1) The plaintiff in the suits is given a lien upon the boiler and all parts, connections, and attachments thereto, whether attached to the land or not, to accrue the payment of the inspection fees for making the inspection.

(2) The lien shall attach to the property at the time of making the inspection and shall continue until all inspection fees are paid.

(3) The lien, when it so attaches, shall be held to be prior, paramount, and superior to the liens, claims, and demands of all persons whomsoever, whether owners, agents, mortgagees, trustees, and beneficiaries under trusts or owners whether prior in time or not.

Amended by Act 2019, No. 910,§ 5459, eff. 7/1/2019.

Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1997, No. 220, § 2.
Ark. Code Ann. § 20-17-1102 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1102
Petition generally
Status: in_force

(a) Upon the petition of a majority in value of the owners of real property in any designated area, it shall be the duty of the county court to lay off into an improvement district the territory described in the petition and to name three (3) commissioners of the district who are resident property holders in the district. (b) (1) The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor, materials, and personal services in any year in maintaining the grounds and facilities of the cemetery. (2) The purpose for which the district is to be formed shall be stated in the petition, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose. It shall also receive a number to prevent its being confused with other districts for similar purposes. Acts 1957, No. 318, §§ 1, 2; A.S.A. 1947, §§ 20-1301, 20-1302.

(a) Upon the petition of a majority in value of the owners of real property in any designated area, it shall be the duty of the county court to lay off into an improvement district the territory described in the petition and to name three (3) commissioners of the district who are resident property holders in the district.

(b) (1) The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor, materials, and personal services in any year in maintaining the grounds and facilities of the cemetery. (2) The purpose for which the district is to be formed shall be stated in the petition, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose. It shall also receive a number to prevent its being confused with other districts for similar purposes.

(1) The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor, materials, and personal services in any year in maintaining the grounds and facilities of the cemetery.

(2) The purpose for which the district is to be formed shall be stated in the petition, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose. It shall also receive a number to prevent its being confused with other districts for similar purposes.

Acts 1957, No. 318, §§ 1, 2; A.S.A. 1947, §§ 20-1301, 20-1302.
Ark. Code Ann. § 20-6-106 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-106
Authority of surrogate
Status: in_force

(a) (1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate. (2) (A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest. (B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent. (b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if: (1) The action is authorized by a living will or other written advance directive; or (2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that: (A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and (B) The principal is highly unlikely to regain capacity to make medical decisions. (c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval. (d) (1) A surrogate may apply for public benefits, such as Medicare and Medicaid, for the principal, subject to any federal restrictions or requirements, and have access to information regarding the principal's income, assets, and banking and financial records to the extent required to make an application. (2) The authority under subdivision (d)(1) of this section includes without limitation the ability to assist with, submit, and execute applications for benefits, redetermination of eligibility, and other ongoing related communications. (3) The authority under subdivision (d)(1) of this section shall terminate when revoked by a principal who no longer lacks decisional capacity, upon appointment or availability of a power of attorney or guardian with such authority, or upon the death of the principal. (4) The authority under subdivision (d)(1) of this section shall be granted to a surrogate from a principal in writing or recorded orally. (e) A surrogate shall meet all federal requirements to act as an authorized representative, including confidentiality provisions. Amended by Act 2023, No. 49,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) (1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate. (2) (A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest. (B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.

(1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.

(2) (A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest. (B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.

(A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.

(B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.

(b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if: (1) The action is authorized by a living will or other written advance directive; or (2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that: (A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and (B) The principal is highly unlikely to regain capacity to make medical decisions.

(1) The action is authorized by a living will or other written advance directive; or

(2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that: (A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and (B) The principal is highly unlikely to regain capacity to make medical decisions.

(A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and

(B) The principal is highly unlikely to regain capacity to make medical decisions.

(c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.

(d) (1) A surrogate may apply for public benefits, such as Medicare and Medicaid, for the principal, subject to any federal restrictions or requirements, and have access to information regarding the principal's income, assets, and banking and financial records to the extent required to make an application. (2) The authority under subdivision (d)(1) of this section includes without limitation the ability to assist with, submit, and execute applications for benefits, redetermination of eligibility, and other ongoing related communications. (3) The authority under subdivision (d)(1) of this section shall terminate when revoked by a principal who no longer lacks decisional capacity, upon appointment or availability of a power of attorney or guardian with such authority, or upon the death of the principal. (4) The authority under subdivision (d)(1) of this section shall be granted to a surrogate from a principal in writing or recorded orally.

(1) A surrogate may apply for public benefits, such as Medicare and Medicaid, for the principal, subject to any federal restrictions or requirements, and have access to information regarding the principal's income, assets, and banking and financial records to the extent required to make an application.

(2) The authority under subdivision (d)(1) of this section includes without limitation the ability to assist with, submit, and execute applications for benefits, redetermination of eligibility, and other ongoing related communications.

(3) The authority under subdivision (d)(1) of this section shall terminate when revoked by a principal who no longer lacks decisional capacity, upon appointment or availability of a power of attorney or guardian with such authority, or upon the death of the principal.

(4) The authority under subdivision (d)(1) of this section shall be granted to a surrogate from a principal in writing or recorded orally.

(e) A surrogate shall meet all federal requirements to act as an authorized representative, including confidentiality provisions.

Amended by Act 2023, No. 49,§ 1, eff. 8/1/2023.

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. § 20-77-1104 — AR Code / Title 20 / Chapter 77 / Subchapter 11 / Section 20-77-1104
Waiver - Rules - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Healthcare coverage" means healthcare insurance regulated by the State Insurance Department, including without limitation group and employer-sponsored health insurance plans. (B) The Department of Human Services may by rule exclude other plans or coverage from the definition of healthcare coverage; (2) "Parity for mental health care" means coverage for the diagnosis and mental health treatment of mental illnesses and the mental health treatment of individuals with developmental disabilities under the same terms and conditions as provided for covered benefits offered under the program for the treatment of other medical illnesses or conditions and with no differences in the program in regard to any of the following: (A) The duration or frequency of coverage; (B) The dollar amount of coverage; or (C) Financial requirements; and (3) "Program" means the ARKids First Program. (b) The Department of Human Services shall administer the program. (c) (1) The Department of Human Services shall not enroll any population defined in this section until the Department of Human Services has sought and obtained approval from the Centers for Medicare & Medicaid Services necessary to allow the use of matching federal funds to provide program services to that population. (2) The Department of Human Services shall apply to the Centers for Medicare & Medicaid Services for approval to enroll the populations defined in subdivisions (d)(4)(B) and (C) of this section. (d) The Department of Human Services shall administer and promulgate rules for the program in a manner that: (1) Provides for the automatic assignment of medical payments due under §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the uninsured children's program; (2) Defines the services to be covered under the program, including without limitation parity for outpatient mental health care; (3) Establishes a copayment for services received in the program as determined through rules adopted by the Department of Human Services; (4) Defines the population which may receive services provided or reimbursed through this program within the following limitations: (A) Children eighteen (18) years of age or younger without healthcare coverage who are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (B) Persons nineteen (19) years of age or older but less than twenty-one (21) years of age who: (i) Are without healthcare coverage; (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming nineteen (19) years of age; or (C) Persons twenty-one (21) years of age or older but less than twenty-five (25) years of age who: (i) Are without healthcare coverage; (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming twenty-one (21) years of age. (e) A person enrolled in the full Medicaid program shall not be concurrently enrolled in the program except as required by federal law. (f) (1) Subdivisions (d)(4)(B) and (C) of this section apply only to students who enroll as students in a public or private college, university, technical institute, technical college, or other institution of higher education no less than six (6) months after graduation from high school and who maintain a continuous enrollment each consecutive semester thereafter with no periods of time in which the person is not enrolled as a student, excluding regularly scheduled summer breaks. (2) If a person who has enrolled in the program under subdivision (d)(4)(B) or subdivision (d)(4)(C) of this section is not enrolled as a student as set forth in subdivision (f)(1) of this section, the person shall not be entitled to healthcare coverage under the program and shall not be entitled to later resume coverage following a break in eligibility. (g) Providers of covered services shall be enrolled as Medicaid providers, and reimbursement shall be at the rates established by the program. Acts 1999, No. 849, § 4; 2001, No. 747, § 1; 2003, No. 552, § 1; 2009, No. 435, § 1.

(a) As used in this section: (1) (A) "Healthcare coverage" means healthcare insurance regulated by the State Insurance Department, including without limitation group and employer-sponsored health insurance plans. (B) The Department of Human Services may by rule exclude other plans or coverage from the definition of healthcare coverage; (2) "Parity for mental health care" means coverage for the diagnosis and mental health treatment of mental illnesses and the mental health treatment of individuals with developmental disabilities under the same terms and conditions as provided for covered benefits offered under the program for the treatment of other medical illnesses or conditions and with no differences in the program in regard to any of the following: (A) The duration or frequency of coverage; (B) The dollar amount of coverage; or (C) Financial requirements; and (3) "Program" means the ARKids First Program.

(1) (A) "Healthcare coverage" means healthcare insurance regulated by the State Insurance Department, including without limitation group and employer-sponsored health insurance plans. (B) The Department of Human Services may by rule exclude other plans or coverage from the definition of healthcare coverage;

(A) "Healthcare coverage" means healthcare insurance regulated by the State Insurance Department, including without limitation group and employer-sponsored health insurance plans.

(B) The Department of Human Services may by rule exclude other plans or coverage from the definition of healthcare coverage;

(2) "Parity for mental health care" means coverage for the diagnosis and mental health treatment of mental illnesses and the mental health treatment of individuals with developmental disabilities under the same terms and conditions as provided for covered benefits offered under the program for the treatment of other medical illnesses or conditions and with no differences in the program in regard to any of the following: (A) The duration or frequency of coverage; (B) The dollar amount of coverage; or (C) Financial requirements; and

(A) The duration or frequency of coverage;

(B) The dollar amount of coverage; or

(C) Financial requirements; and

(3) "Program" means the ARKids First Program.

(b) The Department of Human Services shall administer the program.

(c) (1) The Department of Human Services shall not enroll any population defined in this section until the Department of Human Services has sought and obtained approval from the Centers for Medicare & Medicaid Services necessary to allow the use of matching federal funds to provide program services to that population. (2) The Department of Human Services shall apply to the Centers for Medicare & Medicaid Services for approval to enroll the populations defined in subdivisions (d)(4)(B) and (C) of this section.

(1) The Department of Human Services shall not enroll any population defined in this section until the Department of Human Services has sought and obtained approval from the Centers for Medicare & Medicaid Services necessary to allow the use of matching federal funds to provide program services to that population.

(2) The Department of Human Services shall apply to the Centers for Medicare & Medicaid Services for approval to enroll the populations defined in subdivisions (d)(4)(B) and (C) of this section.

(d) The Department of Human Services shall administer and promulgate rules for the program in a manner that: (1) Provides for the automatic assignment of medical payments due under §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the uninsured children's program; (2) Defines the services to be covered under the program, including without limitation parity for outpatient mental health care; (3) Establishes a copayment for services received in the program as determined through rules adopted by the Department of Human Services; (4) Defines the population which may receive services provided or reimbursed through this program within the following limitations: (A) Children eighteen (18) years of age or younger without healthcare coverage who are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (B) Persons nineteen (19) years of age or older but less than twenty-one (21) years of age who: (i) Are without healthcare coverage; (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming nineteen (19) years of age; or (C) Persons twenty-one (21) years of age or older but less than twenty-five (25) years of age who: (i) Are without healthcare coverage; (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming twenty-one (21) years of age.

(1) Provides for the automatic assignment of medical payments due under §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the uninsured children's program;

(2) Defines the services to be covered under the program, including without limitation parity for outpatient mental health care;

(3) Establishes a copayment for services received in the program as determined through rules adopted by the Department of Human Services;

(4) Defines the population which may receive services provided or reimbursed through this program within the following limitations: (A) Children eighteen (18) years of age or younger without healthcare coverage who are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (B) Persons nineteen (19) years of age or older but less than twenty-one (21) years of age who: (i) Are without healthcare coverage; (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming nineteen (19) years of age; or (C) Persons twenty-one (21) years of age or older but less than twenty-five (25) years of age who: (i) Are without healthcare coverage; (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming twenty-one (21) years of age.

(A) Children eighteen (18) years of age or younger without healthcare coverage who are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines;

(B) Persons nineteen (19) years of age or older but less than twenty-one (21) years of age who: (i) Are without healthcare coverage; (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming nineteen (19) years of age; or

(i) Are without healthcare coverage;

(ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines;

(iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and

(iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming nineteen (19) years of age; or

(C) Persons twenty-one (21) years of age or older but less than twenty-five (25) years of age who: (i) Are without healthcare coverage; (ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines; (iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and (iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming twenty-one (21) years of age.

(i) Are without healthcare coverage;

(ii) Are members of a family with a gross family income not exceeding two hundred fifty percent (250%) of the federal poverty guidelines;

(iii) Are enrolled as full-time students in a public or private college, university, technical institute, technical college, or other institution of higher education located in the state; and

(iv) Are covered under the program under subdivision (d)(4)(A) of this section on the day before becoming twenty-one (21) years of age.

(e) A person enrolled in the full Medicaid program shall not be concurrently enrolled in the program except as required by federal law.

(f) (1) Subdivisions (d)(4)(B) and (C) of this section apply only to students who enroll as students in a public or private college, university, technical institute, technical college, or other institution of higher education no less than six (6) months after graduation from high school and who maintain a continuous enrollment each consecutive semester thereafter with no periods of time in which the person is not enrolled as a student, excluding regularly scheduled summer breaks. (2) If a person who has enrolled in the program under subdivision (d)(4)(B) or subdivision (d)(4)(C) of this section is not enrolled as a student as set forth in subdivision (f)(1) of this section, the person shall not be entitled to healthcare coverage under the program and shall not be entitled to later resume coverage following a break in eligibility.

(1) Subdivisions (d)(4)(B) and (C) of this section apply only to students who enroll as students in a public or private college, university, technical institute, technical college, or other institution of higher education no less than six (6) months after graduation from high school and who maintain a continuous enrollment each consecutive semester thereafter with no periods of time in which the person is not enrolled as a student, excluding regularly scheduled summer breaks.

(2) If a person who has enrolled in the program under subdivision (d)(4)(B) or subdivision (d)(4)(C) of this section is not enrolled as a student as set forth in subdivision (f)(1) of this section, the person shall not be entitled to healthcare coverage under the program and shall not be entitled to later resume coverage following a break in eligibility.

(g) Providers of covered services shall be enrolled as Medicaid providers, and reimbursement shall be at the rates established by the program.

Acts 1999, No. 849, § 4; 2001, No. 747, § 1; 2003, No. 552, § 1; 2009, No. 435, § 1.