Ark. Code Ann. § 20-76-402 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-402
Work activities - Definitions
Status: in_force

(a) The Department of Human Services shall develop and describe categories of approved work activities for transitional employment assistance recipients in accordance with this section. The rules shall be subject to review and recommendation by the Arkansas Workforce Development Board. Approved work activities may include unsubsidized employment, subsidized private sector employment, subsidized public sector employment, education or training, vocational educational training, skills training, job search and job readiness assistance, on-the-job training, micro enterprise, community service, and work experience. For purposes of this section: (1) "Unsubsidized employment" is full-time employment or part-time employment that is not directly supplemented by federal or state funds; (2) (A) "Subsidized private sector employment" is employment in a private for-profit enterprise or a private not-for-profit enterprise which is directly supplemented by federal or state funds. A program recipient in subsidized private sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the Department of Human Services which may include, but not be limited to, provisions addressing any of the following: (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment; (ii) Durational requirements for the employer to retain the recipient in employment; (iii) Training to be provided to the recipient by the employer; (iv) Contributions, if any, made to the recipient's individual development account; and (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. (B) The Department of Human Services may require an employer to repay some or all of a subsidy or incentive previously paid to an employer under the program unless the recipient is terminated for cause; (3) (A) "Subsidized public sector employment" is employment by an agency of the federal, state, or local government which is directly supplemented by federal or state funds. A program recipient in subsidized public sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the Department of Human Services that may include, but not be limited to, provisions addressing any of the following: (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment; (ii) Durational requirements for the employer to retain the recipient in employment; (iii) Training to be provided to the recipient by the employer; (iv) Contributions, if any, made to the recipient's individual development account; and (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. (B) The Department of Human Services may require an employer to repay some or all of a subsidy and incentive previously paid to an employer under the program unless the recipient is terminated for cause; (4) "Work experience" is job-training experience at a supervised public or private not-for-profit agency or organization or with a private for-profit employer which is linked to education or training and substantially enhances a recipient's employability. Work experience may include work study, training-related practicums, and internships; (5) "Job search assistance" may include supervised or unsupervised job-seeking activities. Job readiness assistance provides support for job-seeking activities, which may include: (A) Orientation in the world of work and basic job-seeking and job-retention skills; (B) Instruction in completing an application for employment and writing a resume; (C) Instruction in conducting oneself during a job interview, including appropriate dress; (D) Providing a recipient with access to an employment resource center that contains job listings, telephones, facsimile machines, typewriters, and word processors; and (E) Preparation to seek or obtain employment, including life skills and literacy training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable; (6) "Education" includes elementary and secondary education, education to obtain the equivalent of a high school diploma, and education to learn English as a second language. In consultation with adult education or rehabilitative services, a person with a high school diploma or the equivalent who tests at less than a working functioning level shall be eligible to participate in basic remedial or adult education. If an individual does not have a high school diploma or equivalency, "education" also includes basic remedial education and adult education; (7) "Vocational educational training" is postsecondary education, including, at least, programs at two-year or four-year colleges, universities, technical institutes, and vocational schools or training in a field directly related to a specific occupation; (8) Job skills training directly related to employment provides job skills training in a specific occupation. Job skills training may include customized training designed to meet the needs of a specific employer or a specific industry; (9) "On-the-job training" means training and work experience at a public or private not-for-profit agency or organization or with a private for-profit employer which provides an opportunity to obtain training and job supervision and provides employment upon satisfactory completion of training; (10) School attendance at a high school or attendance at a program designed to prepare the recipient to receive a high school equivalency diploma is a required program activity for each recipient eighteen (18) years of age or younger who: (A) Has not completed high school or obtained a high school equivalency diploma; (B) Is a dependent child or a head of household; and (C) For whom it has not been determined that another program activity is more appropriate; (11) Participation in medical, educational, counseling, and other services that are part of the recipient's personal responsibility agreement is a required activity for each teen parent who participates in the Transitional Employment Assistance Program; and (12) "Community service" is time spent engaged in an approved activity at a government entity or community-based, charitable organization. (b) All occupational training shall meet at least one (1) of the following requirements: (1) Be on the statewide or appropriate area list of occupations in the Guide to Educational Training Programs for Demand Occupations published by the Division of Workforce Services; (2) Be on that list for another area within the state to which the Transitional Employment Assistance Program recipient has signed a commitment to relocate; (3) Be for a specific position for which an employer has submitted a letter demonstrating intent to hire persons upon successful completion of training; and (4) Be in an occupation in local demand but not shown on the state or area demand list if the local demand is documented or will be documented by the area workforce development board through a state-prescribed methodology. (c) Each state agency and each entity that contracts to provide services for a state agency shall establish recruitment and hiring goals which shall target ten percent (10%) of all jobs requiring a high school diploma or less to be filled with transitional employment assistance or food stamp recipients. (d) (1) The Department of Human Services shall require participation in approved work activities to the maximum extent possible, subject to federal and state funding. If funds are projected to be insufficient to support full-time work activities by all program recipients who are required to participate in work activities, the Department of Human Services shall screen recipients and assign priority in accordance with the implementation plan. (2) In accordance with the implementation plan, the Department of Human Services may limit a recipient's weekly work requirement to the minimum required to meet federal work activity requirements and may develop screening and prioritization procedures within employment opportunity districts or within counties based on the allocation of resources, the availability of community resources, or the work activity needs of the employment opportunity district or county. (e) (1) Subject to subdivision (e)(2) of this section, an adult in a family receiving assistance under the program may fill a vacant employment position in order to engage in a work activity described in subsection (a) of this section. (2) No adult in a work activity described in subsection (a) of this section which is funded, in whole or in part, by funds provided by the United States Government shall be employed or assigned: (A) When any other individual is on layoff from the same or any substantially equivalent job; or (B) If the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce in order to fill the vacancy so created with an adult described in subdivision (e)(1) of this section. (3) The Department of Human Services shall establish and maintain a grievance procedure for resolving complaints of alleged violations of subdivision (e)(2) of this section. (4) Nothing in this subsection shall preempt or supersede any provision of state or local law that provides greater protection for employees from displacement. (f) The Department of Human Services, subject to review and recommendation by the Arkansas Workforce Development Board, shall establish criteria to exempt or temporarily defer the following persons from any work activity requirement: (1) An individual required to care for a recipient child until the child reaches twelve (12) months of age, if the caregiver is an active participant in a home-based or part-time center-based quality-approved early learning program, where available, that requires parental involvement and is approved by the Department of Education under the Arkansas Better Chance Program Act, § 6-45-101 et seq.; (2) An individual required to care for a recipient child until the child reaches the maximum age specified by rule, not to exceed twelve (12) months of age; (3) A parent or caregiver with a disability, based upon criteria set forth in rules; (4) A woman in the third trimester of pregnancy; (5) A parent or caregiver who is caring for a child relative with a disability or an adult relative with a disability, based upon criteria set forth in rules; (6) A minor parent less than eighteen (18) years of age who resides in the home of a parent or in an approved adult-supervised setting and who participates in full-time education or training; (7) A teen parent head of household under twenty (20) years of age who maintains satisfactory attendance as a full-time student at a secondary school; (8) An individual for whom support services necessary to engage in a work activity are not available; (9) An individual who, as determined by a Department of Human Services case manager, is unable to participate in work activities due directly to the effects of domestic violence. All case manager determinations made under this subdivision (f)(9) shall be reviewed by a supervisor within five (5) days of such determination; (10) An individual unable to participate in a work activity due to extraordinary circumstances; (11) A parent or caregiver over sixty (60) years of age; and (12) Child-only cases. Amended by Act 2023, No. 832,§ 10, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 2245, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2244, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 524, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 523, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 522, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 521, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 520, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 519, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 518, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 517, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 516, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 515, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 514, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 513, eff. 7/1/2019. Amended by Act 2015, No. 907,§ 11, eff. 7/1/2015. Acts 1979, No. 667, §§ 1-3; A.S.A. 1947, §§ 83-123.3 -- 83-123.5; Acts 1997, No. 1058, § 9; 1999, No. 1567, § 12; 2003, No. 1306, § 5; 2005, No. 1705, § 12; 2007, No. 514, § 10.

(a) The Department of Human Services shall develop and describe categories of approved work activities for transitional employment assistance recipients in accordance with this section. The rules shall be subject to review and recommendation by the Arkansas Workforce Development Board. Approved work activities may include unsubsidized employment, subsidized private sector employment, subsidized public sector employment, education or training, vocational educational training, skills training, job search and job readiness assistance, on-the-job training, micro enterprise, community service, and work experience. For purposes of this section: (1) "Unsubsidized employment" is full-time employment or part-time employment that is not directly supplemented by federal or state funds; (2) (A) "Subsidized private sector employment" is employment in a private for-profit enterprise or a private not-for-profit enterprise which is directly supplemented by federal or state funds. A program recipient in subsidized private sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the Department of Human Services which may include, but not be limited to, provisions addressing any of the following: (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment; (ii) Durational requirements for the employer to retain the recipient in employment; (iii) Training to be provided to the recipient by the employer; (iv) Contributions, if any, made to the recipient's individual development account; and (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. (B) The Department of Human Services may require an employer to repay some or all of a subsidy or incentive previously paid to an employer under the program unless the recipient is terminated for cause; (3) (A) "Subsidized public sector employment" is employment by an agency of the federal, state, or local government which is directly supplemented by federal or state funds. A program recipient in subsidized public sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the Department of Human Services that may include, but not be limited to, provisions addressing any of the following: (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment; (ii) Durational requirements for the employer to retain the recipient in employment; (iii) Training to be provided to the recipient by the employer; (iv) Contributions, if any, made to the recipient's individual development account; and (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. (B) The Department of Human Services may require an employer to repay some or all of a subsidy and incentive previously paid to an employer under the program unless the recipient is terminated for cause; (4) "Work experience" is job-training experience at a supervised public or private not-for-profit agency or organization or with a private for-profit employer which is linked to education or training and substantially enhances a recipient's employability. Work experience may include work study, training-related practicums, and internships; (5) "Job search assistance" may include supervised or unsupervised job-seeking activities. Job readiness assistance provides support for job-seeking activities, which may include: (A) Orientation in the world of work and basic job-seeking and job-retention skills; (B) Instruction in completing an application for employment and writing a resume; (C) Instruction in conducting oneself during a job interview, including appropriate dress; (D) Providing a recipient with access to an employment resource center that contains job listings, telephones, facsimile machines, typewriters, and word processors; and (E) Preparation to seek or obtain employment, including life skills and literacy training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable; (6) "Education" includes elementary and secondary education, education to obtain the equivalent of a high school diploma, and education to learn English as a second language. In consultation with adult education or rehabilitative services, a person with a high school diploma or the equivalent who tests at less than a working functioning level shall be eligible to participate in basic remedial or adult education. If an individual does not have a high school diploma or equivalency, "education" also includes basic remedial education and adult education; (7) "Vocational educational training" is postsecondary education, including, at least, programs at two-year or four-year colleges, universities, technical institutes, and vocational schools or training in a field directly related to a specific occupation; (8) Job skills training directly related to employment provides job skills training in a specific occupation. Job skills training may include customized training designed to meet the needs of a specific employer or a specific industry; (9) "On-the-job training" means training and work experience at a public or private not-for-profit agency or organization or with a private for-profit employer which provides an opportunity to obtain training and job supervision and provides employment upon satisfactory completion of training; (10) School attendance at a high school or attendance at a program designed to prepare the recipient to receive a high school equivalency diploma is a required program activity for each recipient eighteen (18) years of age or younger who: (A) Has not completed high school or obtained a high school equivalency diploma; (B) Is a dependent child or a head of household; and (C) For whom it has not been determined that another program activity is more appropriate; (11) Participation in medical, educational, counseling, and other services that are part of the recipient's personal responsibility agreement is a required activity for each teen parent who participates in the Transitional Employment Assistance Program; and (12) "Community service" is time spent engaged in an approved activity at a government entity or community-based, charitable organization.

(1) "Unsubsidized employment" is full-time employment or part-time employment that is not directly supplemented by federal or state funds;

(2) (A) "Subsidized private sector employment" is employment in a private for-profit enterprise or a private not-for-profit enterprise which is directly supplemented by federal or state funds. A program recipient in subsidized private sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the Department of Human Services which may include, but not be limited to, provisions addressing any of the following: (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment; (ii) Durational requirements for the employer to retain the recipient in employment; (iii) Training to be provided to the recipient by the employer; (iv) Contributions, if any, made to the recipient's individual development account; and (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. (B) The Department of Human Services may require an employer to repay some or all of a subsidy or incentive previously paid to an employer under the program unless the recipient is terminated for cause;

(A) "Subsidized private sector employment" is employment in a private for-profit enterprise or a private not-for-profit enterprise which is directly supplemented by federal or state funds. A program recipient in subsidized private sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the Department of Human Services which may include, but not be limited to, provisions addressing any of the following: (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment; (ii) Durational requirements for the employer to retain the recipient in employment; (iii) Training to be provided to the recipient by the employer; (iv) Contributions, if any, made to the recipient's individual development account; and (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors.

(i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment;

(ii) Durational requirements for the employer to retain the recipient in employment;

(iii) Training to be provided to the recipient by the employer;

(iv) Contributions, if any, made to the recipient's individual development account; and

(v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors.

(B) The Department of Human Services may require an employer to repay some or all of a subsidy or incentive previously paid to an employer under the program unless the recipient is terminated for cause;

(3) (A) "Subsidized public sector employment" is employment by an agency of the federal, state, or local government which is directly supplemented by federal or state funds. A program recipient in subsidized public sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the Department of Human Services that may include, but not be limited to, provisions addressing any of the following: (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment; (ii) Durational requirements for the employer to retain the recipient in employment; (iii) Training to be provided to the recipient by the employer; (iv) Contributions, if any, made to the recipient's individual development account; and (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. (B) The Department of Human Services may require an employer to repay some or all of a subsidy and incentive previously paid to an employer under the program unless the recipient is terminated for cause;

(A) "Subsidized public sector employment" is employment by an agency of the federal, state, or local government which is directly supplemented by federal or state funds. A program recipient in subsidized public sector employment shall be eligible for the same benefits as a nonsubsidized employee who performs similar work. Before receiving any subsidy or incentive, an employer shall enter into a written contract with the Department of Human Services that may include, but not be limited to, provisions addressing any of the following: (i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment; (ii) Durational requirements for the employer to retain the recipient in employment; (iii) Training to be provided to the recipient by the employer; (iv) Contributions, if any, made to the recipient's individual development account; and (v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors.

(i) Payment schedules for any subsidy or incentive such as deferred payments based on retention of the recipient in employment;

(ii) Durational requirements for the employer to retain the recipient in employment;

(iii) Training to be provided to the recipient by the employer;

(iv) Contributions, if any, made to the recipient's individual development account; and

(v) Weighting of incentive payments proportionally to the extent to which the recipient has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. In establishing incentive payments, the Department of Human Services shall consider the extent of the recipient's prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors.

(B) The Department of Human Services may require an employer to repay some or all of a subsidy and incentive previously paid to an employer under the program unless the recipient is terminated for cause;

(4) "Work experience" is job-training experience at a supervised public or private not-for-profit agency or organization or with a private for-profit employer which is linked to education or training and substantially enhances a recipient's employability. Work experience may include work study, training-related practicums, and internships;

(5) "Job search assistance" may include supervised or unsupervised job-seeking activities. Job readiness assistance provides support for job-seeking activities, which may include: (A) Orientation in the world of work and basic job-seeking and job-retention skills; (B) Instruction in completing an application for employment and writing a resume; (C) Instruction in conducting oneself during a job interview, including appropriate dress; (D) Providing a recipient with access to an employment resource center that contains job listings, telephones, facsimile machines, typewriters, and word processors; and (E) Preparation to seek or obtain employment, including life skills and literacy training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable;

(A) Orientation in the world of work and basic job-seeking and job-retention skills;

(B) Instruction in completing an application for employment and writing a resume;

(C) Instruction in conducting oneself during a job interview, including appropriate dress;

(D) Providing a recipient with access to an employment resource center that contains job listings, telephones, facsimile machines, typewriters, and word processors; and

(E) Preparation to seek or obtain employment, including life skills and literacy training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable;

(6) "Education" includes elementary and secondary education, education to obtain the equivalent of a high school diploma, and education to learn English as a second language. In consultation with adult education or rehabilitative services, a person with a high school diploma or the equivalent who tests at less than a working functioning level shall be eligible to participate in basic remedial or adult education. If an individual does not have a high school diploma or equivalency, "education" also includes basic remedial education and adult education;

(7) "Vocational educational training" is postsecondary education, including, at least, programs at two-year or four-year colleges, universities, technical institutes, and vocational schools or training in a field directly related to a specific occupation;

(8) Job skills training directly related to employment provides job skills training in a specific occupation. Job skills training may include customized training designed to meet the needs of a specific employer or a specific industry;

(9) "On-the-job training" means training and work experience at a public or private not-for-profit agency or organization or with a private for-profit employer which provides an opportunity to obtain training and job supervision and provides employment upon satisfactory completion of training;

(10) School attendance at a high school or attendance at a program designed to prepare the recipient to receive a high school equivalency diploma is a required program activity for each recipient eighteen (18) years of age or younger who: (A) Has not completed high school or obtained a high school equivalency diploma; (B) Is a dependent child or a head of household; and (C) For whom it has not been determined that another program activity is more appropriate;

(A) Has not completed high school or obtained a high school equivalency diploma;

(B) Is a dependent child or a head of household; and

(C) For whom it has not been determined that another program activity is more appropriate;

(11) Participation in medical, educational, counseling, and other services that are part of the recipient's personal responsibility agreement is a required activity for each teen parent who participates in the Transitional Employment Assistance Program; and

(12) "Community service" is time spent engaged in an approved activity at a government entity or community-based, charitable organization.

(b) All occupational training shall meet at least one (1) of the following requirements: (1) Be on the statewide or appropriate area list of occupations in the Guide to Educational Training Programs for Demand Occupations published by the Division of Workforce Services; (2) Be on that list for another area within the state to which the Transitional Employment Assistance Program recipient has signed a commitment to relocate; (3) Be for a specific position for which an employer has submitted a letter demonstrating intent to hire persons upon successful completion of training; and (4) Be in an occupation in local demand but not shown on the state or area demand list if the local demand is documented or will be documented by the area workforce development board through a state-prescribed methodology.

(1) Be on the statewide or appropriate area list of occupations in the Guide to Educational Training Programs for Demand Occupations published by the Division of Workforce Services;

(2) Be on that list for another area within the state to which the Transitional Employment Assistance Program recipient has signed a commitment to relocate;

(3) Be for a specific position for which an employer has submitted a letter demonstrating intent to hire persons upon successful completion of training; and

(4) Be in an occupation in local demand but not shown on the state or area demand list if the local demand is documented or will be documented by the area workforce development board through a state-prescribed methodology.

(c) Each state agency and each entity that contracts to provide services for a state agency shall establish recruitment and hiring goals which shall target ten percent (10%) of all jobs requiring a high school diploma or less to be filled with transitional employment assistance or food stamp recipients.

(d) (1) The Department of Human Services shall require participation in approved work activities to the maximum extent possible, subject to federal and state funding. If funds are projected to be insufficient to support full-time work activities by all program recipients who are required to participate in work activities, the Department of Human Services shall screen recipients and assign priority in accordance with the implementation plan. (2) In accordance with the implementation plan, the Department of Human Services may limit a recipient's weekly work requirement to the minimum required to meet federal work activity requirements and may develop screening and prioritization procedures within employment opportunity districts or within counties based on the allocation of resources, the availability of community resources, or the work activity needs of the employment opportunity district or county.

(1) The Department of Human Services shall require participation in approved work activities to the maximum extent possible, subject to federal and state funding. If funds are projected to be insufficient to support full-time work activities by all program recipients who are required to participate in work activities, the Department of Human Services shall screen recipients and assign priority in accordance with the implementation plan.

(2) In accordance with the implementation plan, the Department of Human Services may limit a recipient's weekly work requirement to the minimum required to meet federal work activity requirements and may develop screening and prioritization procedures within employment opportunity districts or within counties based on the allocation of resources, the availability of community resources, or the work activity needs of the employment opportunity district or county.

(e) (1) Subject to subdivision (e)(2) of this section, an adult in a family receiving assistance under the program may fill a vacant employment position in order to engage in a work activity described in subsection (a) of this section. (2) No adult in a work activity described in subsection (a) of this section which is funded, in whole or in part, by funds provided by the United States Government shall be employed or assigned: (A) When any other individual is on layoff from the same or any substantially equivalent job; or (B) If the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce in order to fill the vacancy so created with an adult described in subdivision (e)(1) of this section. (3) The Department of Human Services shall establish and maintain a grievance procedure for resolving complaints of alleged violations of subdivision (e)(2) of this section. (4) Nothing in this subsection shall preempt or supersede any provision of state or local law that provides greater protection for employees from displacement.

(1) Subject to subdivision (e)(2) of this section, an adult in a family receiving assistance under the program may fill a vacant employment position in order to engage in a work activity described in subsection (a) of this section.

(2) No adult in a work activity described in subsection (a) of this section which is funded, in whole or in part, by funds provided by the United States Government shall be employed or assigned: (A) When any other individual is on layoff from the same or any substantially equivalent job; or (B) If the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce in order to fill the vacancy so created with an adult described in subdivision (e)(1) of this section.

(A) When any other individual is on layoff from the same or any substantially equivalent job; or

(B) If the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce in order to fill the vacancy so created with an adult described in subdivision (e)(1) of this section.

(3) The Department of Human Services shall establish and maintain a grievance procedure for resolving complaints of alleged violations of subdivision (e)(2) of this section.

(4) Nothing in this subsection shall preempt or supersede any provision of state or local law that provides greater protection for employees from displacement.

(f) The Department of Human Services, subject to review and recommendation by the Arkansas Workforce Development Board, shall establish criteria to exempt or temporarily defer the following persons from any work activity requirement: (1) An individual required to care for a recipient child until the child reaches twelve (12) months of age, if the caregiver is an active participant in a home-based or part-time center-based quality-approved early learning program, where available, that requires parental involvement and is approved by the Department of Education under the Arkansas Better Chance Program Act, § 6-45-101 et seq.; (2) An individual required to care for a recipient child until the child reaches the maximum age specified by rule, not to exceed twelve (12) months of age; (3) A parent or caregiver with a disability, based upon criteria set forth in rules; (4) A woman in the third trimester of pregnancy; (5) A parent or caregiver who is caring for a child relative with a disability or an adult relative with a disability, based upon criteria set forth in rules; (6) A minor parent less than eighteen (18) years of age who resides in the home of a parent or in an approved adult-supervised setting and who participates in full-time education or training; (7) A teen parent head of household under twenty (20) years of age who maintains satisfactory attendance as a full-time student at a secondary school; (8) An individual for whom support services necessary to engage in a work activity are not available; (9) An individual who, as determined by a Department of Human Services case manager, is unable to participate in work activities due directly to the effects of domestic violence. All case manager determinations made under this subdivision (f)(9) shall be reviewed by a supervisor within five (5) days of such determination; (10) An individual unable to participate in a work activity due to extraordinary circumstances; (11) A parent or caregiver over sixty (60) years of age; and (12) Child-only cases.

(1) An individual required to care for a recipient child until the child reaches twelve (12) months of age, if the caregiver is an active participant in a home-based or part-time center-based quality-approved early learning program, where available, that requires parental involvement and is approved by the Department of Education under the Arkansas Better Chance Program Act, § 6-45-101 et seq.;

(2) An individual required to care for a recipient child until the child reaches the maximum age specified by rule, not to exceed twelve (12) months of age;

(3) A parent or caregiver with a disability, based upon criteria set forth in rules;

(4) A woman in the third trimester of pregnancy;

(5) A parent or caregiver who is caring for a child relative with a disability or an adult relative with a disability, based upon criteria set forth in rules;

(6) A minor parent less than eighteen (18) years of age who resides in the home of a parent or in an approved adult-supervised setting and who participates in full-time education or training;

(7) A teen parent head of household under twenty (20) years of age who maintains satisfactory attendance as a full-time student at a secondary school;

(8) An individual for whom support services necessary to engage in a work activity are not available;

(9) An individual who, as determined by a Department of Human Services case manager, is unable to participate in work activities due directly to the effects of domestic violence. All case manager determinations made under this subdivision (f)(9) shall be reviewed by a supervisor within five (5) days of such determination;

(10) An individual unable to participate in a work activity due to extraordinary circumstances;

(11) A parent or caregiver over sixty (60) years of age; and

(12) Child-only cases.

Amended by Act 2023, No. 832,§ 10, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 2245, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2244, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 524, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 523, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 522, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 521, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 520, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 519, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 518, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 517, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 516, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 515, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 514, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 513, eff. 7/1/2019.

Amended by Act 2015, No. 907,§ 11, eff. 7/1/2015.

Acts 1979, No. 667, §§ 1-3; A.S.A. 1947, §§ 83-123.3 -- 83-123.5; Acts 1997, No. 1058, § 9; 1999, No. 1567, § 12; 2003, No. 1306, § 5; 2005, No. 1705, § 12; 2007, No. 514, § 10.
Ark. Code Ann. § 20-13-1602 — AR Code / Title 20 / Chapter 13 / Subchapter 16 / Section 20-13-1602
Community paramedics - Licensure - Services
Status: in_force

(a) To be eligible for licensure by the Department of Health under the Division of Emergency Medical Services as a community paramedic, an individual shall: (1) Be currently licensed as a paramedic; (2) Have two (2) years of full-time service as a paramedic; (3) Be actively employed by a licensed paramedic ambulance service; and (4) Have successfully completed a community paramedic training program from an accredited college or university approved by the Department of Health under the Division of Emergency Services. (b) The training program for the community paramedic shall consist of a minimum of one hundred sixty (160) hours of classroom and clinical education as follows: (1) Clinical experience that is provided under the supervision of a community paramedic service medical director, advanced practice registered nurse, physician assistant, or home health nurse; and (2) Areas of clinical experience, including at a minimum: (A) Social determinants of health; (B) Home health services; (C) Hospital case management; and (D) Public health agencies services. (c) A community paramedic may provide services as directed by a patient care plan after the plan has been developed or approved, or both, by the patient's physician in conjunction with the community paramedic service's medical director. (d) An individual is an eligible patient for community paramedic services if the individual has been identified by the individual's treating physician as an individual for whom community paramedic services would likely: (1) Prevent admission to or allow discharge from a nursing facility; or (2) Prevent readmission to a hospital or nursing home. (e) Community paramedic services are limited to: (1) Coordination of community services; (2) Chronic disease monitoring and education; (3) Health assessment; (4) Hospital discharge follow-up care; (5) Laboratory specimen collection; and (6) Medication compliance. (f) For purposes of relicensure, a community paramedic shall: (1) Complete an additional fifteen (15) hours of training beyond the relicensure requirements as a paramedic; and (2) Be active in performing the skills of a community paramedic. Amended by Act 2023, No. 54,§ 1, eff. 8/1/2023. Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.

(a) To be eligible for licensure by the Department of Health under the Division of Emergency Medical Services as a community paramedic, an individual shall: (1) Be currently licensed as a paramedic; (2) Have two (2) years of full-time service as a paramedic; (3) Be actively employed by a licensed paramedic ambulance service; and (4) Have successfully completed a community paramedic training program from an accredited college or university approved by the Department of Health under the Division of Emergency Services.

(1) Be currently licensed as a paramedic;

(2) Have two (2) years of full-time service as a paramedic;

(3) Be actively employed by a licensed paramedic ambulance service; and

(4) Have successfully completed a community paramedic training program from an accredited college or university approved by the Department of Health under the Division of Emergency Services.

(b) The training program for the community paramedic shall consist of a minimum of one hundred sixty (160) hours of classroom and clinical education as follows: (1) Clinical experience that is provided under the supervision of a community paramedic service medical director, advanced practice registered nurse, physician assistant, or home health nurse; and (2) Areas of clinical experience, including at a minimum: (A) Social determinants of health; (B) Home health services; (C) Hospital case management; and (D) Public health agencies services.

(1) Clinical experience that is provided under the supervision of a community paramedic service medical director, advanced practice registered nurse, physician assistant, or home health nurse; and

(2) Areas of clinical experience, including at a minimum: (A) Social determinants of health; (B) Home health services; (C) Hospital case management; and (D) Public health agencies services.

(A) Social determinants of health;

(B) Home health services;

(C) Hospital case management; and

(D) Public health agencies services.

(c) A community paramedic may provide services as directed by a patient care plan after the plan has been developed or approved, or both, by the patient's physician in conjunction with the community paramedic service's medical director.

(d) An individual is an eligible patient for community paramedic services if the individual has been identified by the individual's treating physician as an individual for whom community paramedic services would likely: (1) Prevent admission to or allow discharge from a nursing facility; or (2) Prevent readmission to a hospital or nursing home.

(1) Prevent admission to or allow discharge from a nursing facility; or

(2) Prevent readmission to a hospital or nursing home.

(e) Community paramedic services are limited to: (1) Coordination of community services; (2) Chronic disease monitoring and education; (3) Health assessment; (4) Hospital discharge follow-up care; (5) Laboratory specimen collection; and (6) Medication compliance.

(1) Coordination of community services;

(2) Chronic disease monitoring and education;

(3) Health assessment;

(4) Hospital discharge follow-up care;

(5) Laboratory specimen collection; and

(6) Medication compliance.

(f) For purposes of relicensure, a community paramedic shall: (1) Complete an additional fifteen (15) hours of training beyond the relicensure requirements as a paramedic; and (2) Be active in performing the skills of a community paramedic.

(1) Complete an additional fifteen (15) hours of training beyond the relicensure requirements as a paramedic; and

(2) Be active in performing the skills of a community paramedic.

Amended by Act 2023, No. 54,§ 1, eff. 8/1/2023.

Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-22-601 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-601
Legislative intent
Status: in_force

It is the purpose and intent of this subchapter to provide for monitoring the sale, installation, and servicing of portable fire extinguishers and the sale, installation, and servicing of fixed fire protection systems and the planning, sale, installation, and servicing of fire protection sprinkler systems and to provide for the registration, licensure, and monitoring of businesses and persons providing the services, in order to protect and promote public safety by minimizing personal injury and property damages which might result from inadequate, unreliable, unsafe, or improperly installed or maintained portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems. Acts 1987, No. 532, § 1; 2009, No. 422, § 1.

It is the purpose and intent of this subchapter to provide for monitoring the sale, installation, and servicing of portable fire extinguishers and the sale, installation, and servicing of fixed fire protection systems and the planning, sale, installation, and servicing of fire protection sprinkler systems and to provide for the registration, licensure, and monitoring of businesses and persons providing the services, in order to protect and promote public safety by minimizing personal injury and property damages which might result from inadequate, unreliable, unsafe, or improperly installed or maintained portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems.

Acts 1987, No. 532, § 1; 2009, No. 422, § 1.
Ark. Code Ann. § 20-20-214 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-214
Denial, suspension, revocation, or modification of licenses or permits - Grounds
Status: in_force

(a) The State Plant Board may suspend, pending inquiry, for not longer than ten (10) days, and, after opportunity for a hearing, may deny, suspend, revoke, or modify any license or permit or any provision thereof issued under this subchapter if it finds that the applicant or the holder of a license or permit has committed any of the following acts, each of which is declared to be a violation of this subchapter, or has been convicted of a criminal violation of the Federal Insecticide, Fungicide, and Rodenticide Act or has been the subject of a final order assessing a civil penalty for a violation of the Federal Insecticide, Fungicide, and Rodenticide Act: (1) Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods to be utilized; (2) Made a recommendation for use or used a pesticide in a manner inconsistent with the labeling registered with the United States Environmental Protection Agency or the board for that pesticide or in violation of the United States Environmental Protection Agency or board restrictions on the use of that pesticide; (3) Applied known ineffective or improper pesticides; (4) Operated faulty or unsafe equipment; (5) Operated in a faulty, careless, or negligent manner; (6) Neglected or, after notice, refused to comply with the provisions of this subchapter, the rules adopted under this subchapter, or any lawful order of the board; (7) Refused or neglected to keep and maintain the records required by this subchapter or to make reports when and as required; (8) Made false or fraudulent records, invoices, or reports; (9) Engaged in the business of applying a pesticide on the lands of another without having a commercial applicator's license; (10) Operated unlicensed equipment; (11) Used fraud or misrepresentation in making application for or renewal of a license, permit, or certification; (12) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification; (13) Aided or abetted a licensed or an unlicensed person to evade the provisions of this subchapter, conspired with such a licensed or an unlicensed person to evade the provisions of this subchapter, or allowed his or her license, permit, or certification to be used by another person; (14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land; (15) Impersonated any federal, state, county, or other government official; (16) Distributed any pesticide labeled for restricted use to any person unless the person or his or her agent has a valid license to use, supervise the use, or distribute restricted-use pesticides; or (17) Applied any pesticide by aircraft without a pilot's license or employed a pilot without a license to apply any pesticide by aircraft. (b) Any person requiring a license or permit under this subchapter shall be subject to the penalties provided for by § 20-20-204 . Acts 1975, No. 389, § 18; A.S.A. 1947, § 77-268.

(a) The State Plant Board may suspend, pending inquiry, for not longer than ten (10) days, and, after opportunity for a hearing, may deny, suspend, revoke, or modify any license or permit or any provision thereof issued under this subchapter if it finds that the applicant or the holder of a license or permit has committed any of the following acts, each of which is declared to be a violation of this subchapter, or has been convicted of a criminal violation of the Federal Insecticide, Fungicide, and Rodenticide Act or has been the subject of a final order assessing a civil penalty for a violation of the Federal Insecticide, Fungicide, and Rodenticide Act: (1) Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods to be utilized; (2) Made a recommendation for use or used a pesticide in a manner inconsistent with the labeling registered with the United States Environmental Protection Agency or the board for that pesticide or in violation of the United States Environmental Protection Agency or board restrictions on the use of that pesticide; (3) Applied known ineffective or improper pesticides; (4) Operated faulty or unsafe equipment; (5) Operated in a faulty, careless, or negligent manner; (6) Neglected or, after notice, refused to comply with the provisions of this subchapter, the rules adopted under this subchapter, or any lawful order of the board; (7) Refused or neglected to keep and maintain the records required by this subchapter or to make reports when and as required; (8) Made false or fraudulent records, invoices, or reports; (9) Engaged in the business of applying a pesticide on the lands of another without having a commercial applicator's license; (10) Operated unlicensed equipment; (11) Used fraud or misrepresentation in making application for or renewal of a license, permit, or certification; (12) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification; (13) Aided or abetted a licensed or an unlicensed person to evade the provisions of this subchapter, conspired with such a licensed or an unlicensed person to evade the provisions of this subchapter, or allowed his or her license, permit, or certification to be used by another person; (14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land; (15) Impersonated any federal, state, county, or other government official; (16) Distributed any pesticide labeled for restricted use to any person unless the person or his or her agent has a valid license to use, supervise the use, or distribute restricted-use pesticides; or (17) Applied any pesticide by aircraft without a pilot's license or employed a pilot without a license to apply any pesticide by aircraft.

(1) Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods to be utilized;

(2) Made a recommendation for use or used a pesticide in a manner inconsistent with the labeling registered with the United States Environmental Protection Agency or the board for that pesticide or in violation of the United States Environmental Protection Agency or board restrictions on the use of that pesticide;

(3) Applied known ineffective or improper pesticides;

(4) Operated faulty or unsafe equipment;

(5) Operated in a faulty, careless, or negligent manner;

(6) Neglected or, after notice, refused to comply with the provisions of this subchapter, the rules adopted under this subchapter, or any lawful order of the board;

(7) Refused or neglected to keep and maintain the records required by this subchapter or to make reports when and as required;

(8) Made false or fraudulent records, invoices, or reports;

(9) Engaged in the business of applying a pesticide on the lands of another without having a commercial applicator's license;

(10) Operated unlicensed equipment;

(11) Used fraud or misrepresentation in making application for or renewal of a license, permit, or certification;

(12) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification;

(13) Aided or abetted a licensed or an unlicensed person to evade the provisions of this subchapter, conspired with such a licensed or an unlicensed person to evade the provisions of this subchapter, or allowed his or her license, permit, or certification to be used by another person;

(14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land;

(15) Impersonated any federal, state, county, or other government official;

(16) Distributed any pesticide labeled for restricted use to any person unless the person or his or her agent has a valid license to use, supervise the use, or distribute restricted-use pesticides; or

(17) Applied any pesticide by aircraft without a pilot's license or employed a pilot without a license to apply any pesticide by aircraft.

(b) Any person requiring a license or permit under this subchapter shall be subject to the penalties provided for by § 20-20-204 .

Acts 1975, No. 389, § 18; A.S.A. 1947, § 77-268.
Ark. Code Ann. § 20-16-802 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-802
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences; (2) The medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the minor is immature; (3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related; (4) Parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the minor daughter; (5) Parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after her abortion; and (6) Parental consultation is usually desirable and in the best interests of the minor. (b) Based on the findings in subsection (a) of this section, the General Assembly's purposes in enacting this enhancement to the State of Arkansas's parental notice law are to further the important and compelling state interests of: (1) Protecting minors against their own immaturity; (2) Fostering family unity and preserving the family as a viable social unit; (3) Protecting the constitutional rights of parents to rear children who are members of their household; (4) Reducing teenage pregnancy and abortion; and (5) In light of the foregoing statements of purpose, allowing for judicial bypasses of the parental notice requirement to be made only in exceptional or rare circumstances. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) The General Assembly finds that: (1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences; (2) The medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the minor is immature; (3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related; (4) Parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the minor daughter; (5) Parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after her abortion; and (6) Parental consultation is usually desirable and in the best interests of the minor.

(1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;

(2) The medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the minor is immature;

(3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;

(4) Parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the minor daughter;

(5) Parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after her abortion; and

(6) Parental consultation is usually desirable and in the best interests of the minor.

(b) Based on the findings in subsection (a) of this section, the General Assembly's purposes in enacting this enhancement to the State of Arkansas's parental notice law are to further the important and compelling state interests of: (1) Protecting minors against their own immaturity; (2) Fostering family unity and preserving the family as a viable social unit; (3) Protecting the constitutional rights of parents to rear children who are members of their household; (4) Reducing teenage pregnancy and abortion; and (5) In light of the foregoing statements of purpose, allowing for judicial bypasses of the parental notice requirement to be made only in exceptional or rare circumstances.

(1) Protecting minors against their own immaturity;

(2) Fostering family unity and preserving the family as a viable social unit;

(3) Protecting the constitutional rights of parents to rear children who are members of their household;

(4) Reducing teenage pregnancy and abortion; and

(5) In light of the foregoing statements of purpose, allowing for judicial bypasses of the parental notice requirement to be made only in exceptional or rare circumstances.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-77-407 — AR Code / Title 20 / Chapter 77 / Subchapter 4 / Section 20-77-407
Pharmaceutical dispensing fee survey
Status: in_force

(a) No more than two (2) years before making any changes to the current pharmaceutical dispensing fee, the Department of Human Services shall conduct an independent survey utilizing generally accepted accounting principles to determine the cost of dispensing a prescription by pharmacists in Arkansas. (b) (1) Only factors relative to the cost of dispensing shall be surveyed under subsection (a) of this section. (2) The factors surveyed under subsection (a) of this section shall not include actual acquisition costs, average profit, or any combination of actual acquisition costs or average profit. (c) (1) The survey results obtained under this section shall be the basis for establishing the dispensing fee paid to participating pharmacies in the Medicaid prescription drug program in accordance with federal requirements. (2) The dispensing fee shall be no lower than the cost of dispensing as determined by the survey conducted under this section. (d) This section does not prohibit the department from increasing the dispensing fee at any time. Added by Act 2023, No. 865,§ 8, eff. 7/1/2023.

(a) No more than two (2) years before making any changes to the current pharmaceutical dispensing fee, the Department of Human Services shall conduct an independent survey utilizing generally accepted accounting principles to determine the cost of dispensing a prescription by pharmacists in Arkansas.

(b) (1) Only factors relative to the cost of dispensing shall be surveyed under subsection (a) of this section. (2) The factors surveyed under subsection (a) of this section shall not include actual acquisition costs, average profit, or any combination of actual acquisition costs or average profit.

(1) Only factors relative to the cost of dispensing shall be surveyed under subsection (a) of this section.

(2) The factors surveyed under subsection (a) of this section shall not include actual acquisition costs, average profit, or any combination of actual acquisition costs or average profit.

(c) (1) The survey results obtained under this section shall be the basis for establishing the dispensing fee paid to participating pharmacies in the Medicaid prescription drug program in accordance with federal requirements. (2) The dispensing fee shall be no lower than the cost of dispensing as determined by the survey conducted under this section.

(1) The survey results obtained under this section shall be the basis for establishing the dispensing fee paid to participating pharmacies in the Medicaid prescription drug program in accordance with federal requirements.

(2) The dispensing fee shall be no lower than the cost of dispensing as determined by the survey conducted under this section.

(d) This section does not prohibit the department from increasing the dispensing fee at any time.

Added by Act 2023, No. 865,§ 8, eff. 7/1/2023.
Ark. Code Ann. § 20-17-102 — AR Code / Title 20 / Chapter 17 / Subchapter 1 / Section 20-17-102
Arkansas Final Disposition Rights Act of 2009 - Definitions
Status: in_force

(a) (1) This section may be cited as the "Arkansas Final Disposition Rights Act of 2009". (2) As used in this section: (A) "DD Form 93" means a United States Department of Defense Record of Emergency Data or its successor form; (B) "Died while serving" means the death of a person in a capacity when the secretary of the military service has the authority to provide for the recovery, care, and disposition of the remains of the person as provided under 10 U.S.C. § 1481(a)(1)-(8) as in effect on January 1, 2011; and (C) "Final disposition" means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus. (b) (1) (A) Except as provided under subdivision (b)(2) of this section, an individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration specifying the final disposition of his or her bodily remains at his or her death, provided the disposition is in accordance with existing laws, rules, and practices for disposing of human remains. (B) The declaration of final disposition executed under this section shall be signed by the declarant or another at the declarant's direction and shall be witnessed by two (2) individuals. (C) Additional consent of any other person is not required if the declaration of final disposition contains a disposition authorized under this section and is otherwise valid under this section. (2) Notwithstanding any other declaration made under this section or any other law, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death. (c) Except as provided under subdivision (b)(2) of this section, a person having possession, charge, or control of the declarant's human remains following the death of a person who has executed a declaration of final disposition shall not knowingly dispose of the body in a manner inconsistent with the declaration. (d) (1) The right to control the disposition of the remains of a deceased person, the location, manner, and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following in the order named if the person is eighteen (18) years of age or older and is of sound mind: (A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death; (B) Second, a person appointed by the decedent in the decedent's declaration of final disposition executed before his or her death, in accordance with this section; (C) Third, the surviving spouse; (D) Fourth, the sole surviving child of the decedent or if there is more than one (1) child of the decedent, the majority of the surviving children; (E) (i) Fifth, the surviving parent or parents of the decedent. (ii) If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent; (F) Sixth, the surviving brother or sister of the decedent or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings; (G) Seventh, the surviving grandparent of the decedent or if there is more than one (1) surviving grandparent, the majority of the grandparents; (H) Eighth, the surviving grandchild of the decedent or if there is more than one (1) surviving grandchild, the majority of the grandchildren; (I) Ninth, the guardian of the person of the decedent at the time of the decedent's death, if one had been appointed; (J) (i) Tenth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. (ii) If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition; (K) Eleventh, any representative of state government or a political subdivision of state government that has the statutory obligation to provide for the disposition of the remains of the decedent, including, but not limited to, any entity authorized to take possession of the remains under § 20-17-701 et seq.; and (L) Twelfth, if the decedent is a veteran of any branch of the United States Armed Forces, the National Guard or a reserve component of the armed forces, a representative of the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., that has statutory authority to direct or provide for the disposition of the remains of the decedent or to take possession of the remains under the Missing in America Project Act, § 20-17-1401 et seq. (2) In the absence of any person under this subsection, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including without limitation the personal representative of the decedent's estate or the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under this subsection. (3) (A) Within each class, less than the majority of the class shall be vested with the rights of this section if they have used reasonable efforts to notify all other members of the class of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving children. (B) In this subdivision (d)(3), "class" means surviving children, siblings, grandparents, or grandchildren, where applicable. (e) (1) A person entitled under this section to the right of disposition shall forfeit that right, with the right passing to the next qualifying person as listed in this section, in the following circumstances: (A) (i) Any person charged with murder under § 5-10-101 , § 5-10-102 , or § 5-10-103 , or manslaughter under § 5-10-104 , in connection with the decedent's death, and whose charges are known to the funeral director. (ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right of disposition is returned to the person; (B) Any person who does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier; (C) Any person who possesses the right of disposition, but who is unwilling to assume the liability for the costs of such arrangements and disposition if sufficient resources are not available in the decedent's estate to pay such costs at the time the costs become due and payable; (D) (i) When the person entitled to the right of disposition and the decedent were estranged at the time of death. (ii) (a) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (b) This shall also include the filing of a complaint for divorce by either party that remains pending at the time of the decedent's death or the separation by living apart of the decedent and spouse for a period of more than ninety (90) days preceding the decedent's death; and (E) Where the Department of Human Services has custody of the decedent and a person authorized under subdivision (d)(1) of this section has not claimed the right to possession of the decedent's remains within forty-eight (48) hours following the decedent's death. (2) If there is a dispute between those sharing the right of disposition as to the decisions regarding the decedent's remains, the circuit court for the county where the decedent resided may award the right of disposition to the person it determines to be the most fit and appropriate to carry out the right of disposition. The following provisions shall apply to the court's determination under this section: (A) If the persons holding the right of disposition are two (2) or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of the persons or a funeral director with custody of the remains may file a petition asking the circuit court to make a determination in the matter; (B) In making a determination under this subdivision (e)(2), the circuit court shall consider the following: (i) The reasonableness and practicality of the proposed funeral arrangements and disposition; (ii) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (iii) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition; (iv) The convenience and needs of other families and friends wishing to pay respects; (v) The desires of the decedent; and (vi) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect; (C) (i) In the event of a dispute regarding the right of disposition, a funeral director is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral director receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. (ii) If the funeral director retains the remains for final disposition while the parties are in disagreement, the funeral director may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the circuit court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs. (iii) If a funeral director brings an action under this section or is made a party to an action concerning the right of disposition of the decedent's remains, either individually or as an agent of any entity, the funeral director may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. (iv) This section may not be construed to require or to impose a duty upon a funeral director or bring an action under this section. (v) A funeral director may not be held criminally or civilly liable for choosing not to bring an action under this section; and (D) (i) Except to the degree it may be considered by the circuit court under this subdivision (e)(2), the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. (ii) The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have. (f) (1) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. (2) A funeral establishment, cemetery, or crematory shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home, cemetery, or crematory reasonably believes holds the right of disposition. (3) Employees of funeral homes, cemeteries, or crematories shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent. (4) If there is more than one (1) person in a class who are equal in priority and the funeral home, cemetery, or crematory employee has no knowledge of any objection by other members of such class, that employee shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements, provided that no other person in such class provides written notice of his or her objections to that employee. (g) A funeral director shall have complete authority to control the final disposition and to proceed under this section to recover reasonable charges for the final disposition when the following applies: (1) If after a good faith effort has been made with no success to contact the individuals listed under subdivision (d)(1) of this section, the funeral director has no knowledge that any of the persons described in subdivision (d)(1) of this section exist or if none of the persons so described can be found after reasonable inquiry or contacted by reasonable means; and (2) (A) No person or entity has assumed responsibility for disposition of the remains within five (5) days of the decedent's death or within twenty-four (24) hours after receiving written notice of the facts, whichever is longer, but in no event longer than seven (7) days after the date of the decedent's death. (B) Written notice may be delivered by hand, United States Postal Service, facsimile transmission, or other reliable means of electronic transmission. (h) (1) Crematory operators shall not be liable for civil damages for cremating human remains if a declaration of final disposition indicating that the declarant wished to be cremated has been executed under this section. (2) Crematory operators shall not be liable for civil damages for failing to cremate human remains if: (A) The declarant executed a declaration of final disposition indicating that he or she did not wish to be cremated; or (B) The crematory operator knows that there is a dispute as to the validity of the declaration of final disposition. (i) If a decedent did not execute a declaration of final disposition, the person having lawful possession, charge, or control of the decedent's human remains has the right to dispose of the remains in any manner that is consistent with existing laws, rules, and practices for disposing of human remains, including the right to have the remains cremated. (j) A funeral home shall not be liable for any damages for carrying out the disposition of a decedent's human remains in any lawful manner that is consistent with a decedent's declaration of final disposition. (k) (1) In the event that a person claiming the right of disposition directs the cremation of the remains of a decedent or in the event that a funeral director assumes responsibility for the disposition of the remains of a decedent under this section and proceeds to cremate the remains of the decedent, and thereafter a person or entity identified in subdivision (d)(1) of this section does not claim custody of the cremated remains for a period of ninety (90) days following the cremation, the funeral director may dispose of the cremated remains of the decedent. (2) A funeral home, cemetery, crematory, or an employee who disposes of the remains of a decedent under the terms of this section shall not be subject to criminal or civil liability or subject to disciplinary action for such actions. (l) A funeral home, cemetery, crematory, or an employee who relies in good faith upon the instruction of an individual claiming the right of disposition shall not be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instruction. (m) Nothing in this section shall be construed to affect, repeal, or replace the provisions and procedures set forth in the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq. Amended by Act 2013, No. 1132,§ 16, eff. 8/16/2013. Amended by Act 2013, No. 723,§ 2, eff. 8/16/2013. Acts 1991, No. 376, §§ 1-3; 2003, No. 666, § 1; 2007, No. 839, § 4; 2009, No. 402, § 1; 2011, No. 29, §§ 1, 2; 2011, No. 1121, § 5.

(a) (1) This section may be cited as the "Arkansas Final Disposition Rights Act of 2009". (2) As used in this section: (A) "DD Form 93" means a United States Department of Defense Record of Emergency Data or its successor form; (B) "Died while serving" means the death of a person in a capacity when the secretary of the military service has the authority to provide for the recovery, care, and disposition of the remains of the person as provided under 10 U.S.C. § 1481(a)(1)-(8) as in effect on January 1, 2011; and (C) "Final disposition" means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus.

(1) This section may be cited as the "Arkansas Final Disposition Rights Act of 2009".

(2) As used in this section: (A) "DD Form 93" means a United States Department of Defense Record of Emergency Data or its successor form; (B) "Died while serving" means the death of a person in a capacity when the secretary of the military service has the authority to provide for the recovery, care, and disposition of the remains of the person as provided under 10 U.S.C. § 1481(a)(1)-(8) as in effect on January 1, 2011; and (C) "Final disposition" means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus.

(A) "DD Form 93" means a United States Department of Defense Record of Emergency Data or its successor form;

(B) "Died while serving" means the death of a person in a capacity when the secretary of the military service has the authority to provide for the recovery, care, and disposition of the remains of the person as provided under 10 U.S.C. § 1481(a)(1)-(8) as in effect on January 1, 2011; and

(C) "Final disposition" means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus.

(b) (1) (A) Except as provided under subdivision (b)(2) of this section, an individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration specifying the final disposition of his or her bodily remains at his or her death, provided the disposition is in accordance with existing laws, rules, and practices for disposing of human remains. (B) The declaration of final disposition executed under this section shall be signed by the declarant or another at the declarant's direction and shall be witnessed by two (2) individuals. (C) Additional consent of any other person is not required if the declaration of final disposition contains a disposition authorized under this section and is otherwise valid under this section. (2) Notwithstanding any other declaration made under this section or any other law, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death.

(1) (A) Except as provided under subdivision (b)(2) of this section, an individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration specifying the final disposition of his or her bodily remains at his or her death, provided the disposition is in accordance with existing laws, rules, and practices for disposing of human remains. (B) The declaration of final disposition executed under this section shall be signed by the declarant or another at the declarant's direction and shall be witnessed by two (2) individuals. (C) Additional consent of any other person is not required if the declaration of final disposition contains a disposition authorized under this section and is otherwise valid under this section.

(A) Except as provided under subdivision (b)(2) of this section, an individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration specifying the final disposition of his or her bodily remains at his or her death, provided the disposition is in accordance with existing laws, rules, and practices for disposing of human remains.

(B) The declaration of final disposition executed under this section shall be signed by the declarant or another at the declarant's direction and shall be witnessed by two (2) individuals.

(C) Additional consent of any other person is not required if the declaration of final disposition contains a disposition authorized under this section and is otherwise valid under this section.

(2) Notwithstanding any other declaration made under this section or any other law, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death.

(c) Except as provided under subdivision (b)(2) of this section, a person having possession, charge, or control of the declarant's human remains following the death of a person who has executed a declaration of final disposition shall not knowingly dispose of the body in a manner inconsistent with the declaration.

(d) (1) The right to control the disposition of the remains of a deceased person, the location, manner, and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following in the order named if the person is eighteen (18) years of age or older and is of sound mind: (A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death; (B) Second, a person appointed by the decedent in the decedent's declaration of final disposition executed before his or her death, in accordance with this section; (C) Third, the surviving spouse; (D) Fourth, the sole surviving child of the decedent or if there is more than one (1) child of the decedent, the majority of the surviving children; (E) (i) Fifth, the surviving parent or parents of the decedent. (ii) If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent; (F) Sixth, the surviving brother or sister of the decedent or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings; (G) Seventh, the surviving grandparent of the decedent or if there is more than one (1) surviving grandparent, the majority of the grandparents; (H) Eighth, the surviving grandchild of the decedent or if there is more than one (1) surviving grandchild, the majority of the grandchildren; (I) Ninth, the guardian of the person of the decedent at the time of the decedent's death, if one had been appointed; (J) (i) Tenth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. (ii) If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition; (K) Eleventh, any representative of state government or a political subdivision of state government that has the statutory obligation to provide for the disposition of the remains of the decedent, including, but not limited to, any entity authorized to take possession of the remains under § 20-17-701 et seq.; and (L) Twelfth, if the decedent is a veteran of any branch of the United States Armed Forces, the National Guard or a reserve component of the armed forces, a representative of the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., that has statutory authority to direct or provide for the disposition of the remains of the decedent or to take possession of the remains under the Missing in America Project Act, § 20-17-1401 et seq. (2) In the absence of any person under this subsection, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including without limitation the personal representative of the decedent's estate or the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under this subsection. (3) (A) Within each class, less than the majority of the class shall be vested with the rights of this section if they have used reasonable efforts to notify all other members of the class of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving children. (B) In this subdivision (d)(3), "class" means surviving children, siblings, grandparents, or grandchildren, where applicable.

(1) The right to control the disposition of the remains of a deceased person, the location, manner, and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following in the order named if the person is eighteen (18) years of age or older and is of sound mind: (A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death; (B) Second, a person appointed by the decedent in the decedent's declaration of final disposition executed before his or her death, in accordance with this section; (C) Third, the surviving spouse; (D) Fourth, the sole surviving child of the decedent or if there is more than one (1) child of the decedent, the majority of the surviving children; (E) (i) Fifth, the surviving parent or parents of the decedent. (ii) If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent; (F) Sixth, the surviving brother or sister of the decedent or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings; (G) Seventh, the surviving grandparent of the decedent or if there is more than one (1) surviving grandparent, the majority of the grandparents; (H) Eighth, the surviving grandchild of the decedent or if there is more than one (1) surviving grandchild, the majority of the grandchildren; (I) Ninth, the guardian of the person of the decedent at the time of the decedent's death, if one had been appointed; (J) (i) Tenth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. (ii) If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition; (K) Eleventh, any representative of state government or a political subdivision of state government that has the statutory obligation to provide for the disposition of the remains of the decedent, including, but not limited to, any entity authorized to take possession of the remains under § 20-17-701 et seq.; and (L) Twelfth, if the decedent is a veteran of any branch of the United States Armed Forces, the National Guard or a reserve component of the armed forces, a representative of the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., that has statutory authority to direct or provide for the disposition of the remains of the decedent or to take possession of the remains under the Missing in America Project Act, § 20-17-1401 et seq.

(A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the decedent shall be made by the person authorized to direct disposition on the DD Form 93 completed by the decedent prior to death;

(B) Second, a person appointed by the decedent in the decedent's declaration of final disposition executed before his or her death, in accordance with this section;

(C) Third, the surviving spouse;

(D) Fourth, the sole surviving child of the decedent or if there is more than one (1) child of the decedent, the majority of the surviving children;

(E) (i) Fifth, the surviving parent or parents of the decedent. (ii) If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent;

(i) Fifth, the surviving parent or parents of the decedent.

(ii) If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent;

(F) Sixth, the surviving brother or sister of the decedent or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings;

(G) Seventh, the surviving grandparent of the decedent or if there is more than one (1) surviving grandparent, the majority of the grandparents;

(H) Eighth, the surviving grandchild of the decedent or if there is more than one (1) surviving grandchild, the majority of the grandchildren;

(I) Ninth, the guardian of the person of the decedent at the time of the decedent's death, if one had been appointed;

(J) (i) Tenth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. (ii) If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition;

(i) Tenth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent.

(ii) If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition;

(K) Eleventh, any representative of state government or a political subdivision of state government that has the statutory obligation to provide for the disposition of the remains of the decedent, including, but not limited to, any entity authorized to take possession of the remains under § 20-17-701 et seq.; and

(L) Twelfth, if the decedent is a veteran of any branch of the United States Armed Forces, the National Guard or a reserve component of the armed forces, a representative of the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., that has statutory authority to direct or provide for the disposition of the remains of the decedent or to take possession of the remains under the Missing in America Project Act, § 20-17-1401 et seq.

(2) In the absence of any person under this subsection, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including without limitation the personal representative of the decedent's estate or the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under this subsection.

(3) (A) Within each class, less than the majority of the class shall be vested with the rights of this section if they have used reasonable efforts to notify all other members of the class of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving children. (B) In this subdivision (d)(3), "class" means surviving children, siblings, grandparents, or grandchildren, where applicable.

(A) Within each class, less than the majority of the class shall be vested with the rights of this section if they have used reasonable efforts to notify all other members of the class of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving children.

(B) In this subdivision (d)(3), "class" means surviving children, siblings, grandparents, or grandchildren, where applicable.

(e) (1) A person entitled under this section to the right of disposition shall forfeit that right, with the right passing to the next qualifying person as listed in this section, in the following circumstances: (A) (i) Any person charged with murder under § 5-10-101 , § 5-10-102 , or § 5-10-103 , or manslaughter under § 5-10-104 , in connection with the decedent's death, and whose charges are known to the funeral director. (ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right of disposition is returned to the person; (B) Any person who does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier; (C) Any person who possesses the right of disposition, but who is unwilling to assume the liability for the costs of such arrangements and disposition if sufficient resources are not available in the decedent's estate to pay such costs at the time the costs become due and payable; (D) (i) When the person entitled to the right of disposition and the decedent were estranged at the time of death. (ii) (a) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (b) This shall also include the filing of a complaint for divorce by either party that remains pending at the time of the decedent's death or the separation by living apart of the decedent and spouse for a period of more than ninety (90) days preceding the decedent's death; and (E) Where the Department of Human Services has custody of the decedent and a person authorized under subdivision (d)(1) of this section has not claimed the right to possession of the decedent's remains within forty-eight (48) hours following the decedent's death. (2) If there is a dispute between those sharing the right of disposition as to the decisions regarding the decedent's remains, the circuit court for the county where the decedent resided may award the right of disposition to the person it determines to be the most fit and appropriate to carry out the right of disposition. The following provisions shall apply to the court's determination under this section: (A) If the persons holding the right of disposition are two (2) or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of the persons or a funeral director with custody of the remains may file a petition asking the circuit court to make a determination in the matter; (B) In making a determination under this subdivision (e)(2), the circuit court shall consider the following: (i) The reasonableness and practicality of the proposed funeral arrangements and disposition; (ii) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (iii) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition; (iv) The convenience and needs of other families and friends wishing to pay respects; (v) The desires of the decedent; and (vi) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect; (C) (i) In the event of a dispute regarding the right of disposition, a funeral director is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral director receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. (ii) If the funeral director retains the remains for final disposition while the parties are in disagreement, the funeral director may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the circuit court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs. (iii) If a funeral director brings an action under this section or is made a party to an action concerning the right of disposition of the decedent's remains, either individually or as an agent of any entity, the funeral director may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. (iv) This section may not be construed to require or to impose a duty upon a funeral director or bring an action under this section. (v) A funeral director may not be held criminally or civilly liable for choosing not to bring an action under this section; and (D) (i) Except to the degree it may be considered by the circuit court under this subdivision (e)(2), the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. (ii) The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.

(1) A person entitled under this section to the right of disposition shall forfeit that right, with the right passing to the next qualifying person as listed in this section, in the following circumstances: (A) (i) Any person charged with murder under § 5-10-101 , § 5-10-102 , or § 5-10-103 , or manslaughter under § 5-10-104 , in connection with the decedent's death, and whose charges are known to the funeral director. (ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right of disposition is returned to the person; (B) Any person who does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier; (C) Any person who possesses the right of disposition, but who is unwilling to assume the liability for the costs of such arrangements and disposition if sufficient resources are not available in the decedent's estate to pay such costs at the time the costs become due and payable; (D) (i) When the person entitled to the right of disposition and the decedent were estranged at the time of death. (ii) (a) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (b) This shall also include the filing of a complaint for divorce by either party that remains pending at the time of the decedent's death or the separation by living apart of the decedent and spouse for a period of more than ninety (90) days preceding the decedent's death; and (E) Where the Department of Human Services has custody of the decedent and a person authorized under subdivision (d)(1) of this section has not claimed the right to possession of the decedent's remains within forty-eight (48) hours following the decedent's death.

(A) (i) Any person charged with murder under § 5-10-101 , § 5-10-102 , or § 5-10-103 , or manslaughter under § 5-10-104 , in connection with the decedent's death, and whose charges are known to the funeral director. (ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right of disposition is returned to the person;

(i) Any person charged with murder under § 5-10-101 , § 5-10-102 , or § 5-10-103 , or manslaughter under § 5-10-104 , in connection with the decedent's death, and whose charges are known to the funeral director.

(ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right of disposition is returned to the person;

(B) Any person who does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier;

(C) Any person who possesses the right of disposition, but who is unwilling to assume the liability for the costs of such arrangements and disposition if sufficient resources are not available in the decedent's estate to pay such costs at the time the costs become due and payable;

(D) (i) When the person entitled to the right of disposition and the decedent were estranged at the time of death. (ii) (a) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (b) This shall also include the filing of a complaint for divorce by either party that remains pending at the time of the decedent's death or the separation by living apart of the decedent and spouse for a period of more than ninety (90) days preceding the decedent's death; and

(i) When the person entitled to the right of disposition and the decedent were estranged at the time of death.

(ii) (a) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (b) This shall also include the filing of a complaint for divorce by either party that remains pending at the time of the decedent's death or the separation by living apart of the decedent and spouse for a period of more than ninety (90) days preceding the decedent's death; and

(a) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent.

(b) This shall also include the filing of a complaint for divorce by either party that remains pending at the time of the decedent's death or the separation by living apart of the decedent and spouse for a period of more than ninety (90) days preceding the decedent's death; and

(E) Where the Department of Human Services has custody of the decedent and a person authorized under subdivision (d)(1) of this section has not claimed the right to possession of the decedent's remains within forty-eight (48) hours following the decedent's death.

(2) If there is a dispute between those sharing the right of disposition as to the decisions regarding the decedent's remains, the circuit court for the county where the decedent resided may award the right of disposition to the person it determines to be the most fit and appropriate to carry out the right of disposition. The following provisions shall apply to the court's determination under this section: (A) If the persons holding the right of disposition are two (2) or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of the persons or a funeral director with custody of the remains may file a petition asking the circuit court to make a determination in the matter; (B) In making a determination under this subdivision (e)(2), the circuit court shall consider the following: (i) The reasonableness and practicality of the proposed funeral arrangements and disposition; (ii) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (iii) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition; (iv) The convenience and needs of other families and friends wishing to pay respects; (v) The desires of the decedent; and (vi) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect; (C) (i) In the event of a dispute regarding the right of disposition, a funeral director is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral director receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. (ii) If the funeral director retains the remains for final disposition while the parties are in disagreement, the funeral director may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the circuit court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs. (iii) If a funeral director brings an action under this section or is made a party to an action concerning the right of disposition of the decedent's remains, either individually or as an agent of any entity, the funeral director may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. (iv) This section may not be construed to require or to impose a duty upon a funeral director or bring an action under this section. (v) A funeral director may not be held criminally or civilly liable for choosing not to bring an action under this section; and (D) (i) Except to the degree it may be considered by the circuit court under this subdivision (e)(2), the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. (ii) The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.

(A) If the persons holding the right of disposition are two (2) or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of the persons or a funeral director with custody of the remains may file a petition asking the circuit court to make a determination in the matter;

(B) In making a determination under this subdivision (e)(2), the circuit court shall consider the following: (i) The reasonableness and practicality of the proposed funeral arrangements and disposition; (ii) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (iii) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition; (iv) The convenience and needs of other families and friends wishing to pay respects; (v) The desires of the decedent; and (vi) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect;

(i) The reasonableness and practicality of the proposed funeral arrangements and disposition;

(ii) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;

(iii) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition;

(iv) The convenience and needs of other families and friends wishing to pay respects;

(v) The desires of the decedent; and

(vi) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect;

(C) (i) In the event of a dispute regarding the right of disposition, a funeral director is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral director receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. (ii) If the funeral director retains the remains for final disposition while the parties are in disagreement, the funeral director may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the circuit court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs. (iii) If a funeral director brings an action under this section or is made a party to an action concerning the right of disposition of the decedent's remains, either individually or as an agent of any entity, the funeral director may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. (iv) This section may not be construed to require or to impose a duty upon a funeral director or bring an action under this section. (v) A funeral director may not be held criminally or civilly liable for choosing not to bring an action under this section; and

(i) In the event of a dispute regarding the right of disposition, a funeral director is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral director receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains.

(ii) If the funeral director retains the remains for final disposition while the parties are in disagreement, the funeral director may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the circuit court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs.

(iii) If a funeral director brings an action under this section or is made a party to an action concerning the right of disposition of the decedent's remains, either individually or as an agent of any entity, the funeral director may add the legal fees and court costs associated with a petition under this section to the cost of final disposition.

(iv) This section may not be construed to require or to impose a duty upon a funeral director or bring an action under this section.

(v) A funeral director may not be held criminally or civilly liable for choosing not to bring an action under this section; and

(D) (i) Except to the degree it may be considered by the circuit court under this subdivision (e)(2), the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. (ii) The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.

(i) Except to the degree it may be considered by the circuit court under this subdivision (e)(2), the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have.

(ii) The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.

(f) (1) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. (2) A funeral establishment, cemetery, or crematory shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home, cemetery, or crematory reasonably believes holds the right of disposition. (3) Employees of funeral homes, cemeteries, or crematories shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent. (4) If there is more than one (1) person in a class who are equal in priority and the funeral home, cemetery, or crematory employee has no knowledge of any objection by other members of such class, that employee shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements, provided that no other person in such class provides written notice of his or her objections to that employee.

(1) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition.

(2) A funeral establishment, cemetery, or crematory shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home, cemetery, or crematory reasonably believes holds the right of disposition.

(3) Employees of funeral homes, cemeteries, or crematories shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent.

(4) If there is more than one (1) person in a class who are equal in priority and the funeral home, cemetery, or crematory employee has no knowledge of any objection by other members of such class, that employee shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements, provided that no other person in such class provides written notice of his or her objections to that employee.

(g) A funeral director shall have complete authority to control the final disposition and to proceed under this section to recover reasonable charges for the final disposition when the following applies: (1) If after a good faith effort has been made with no success to contact the individuals listed under subdivision (d)(1) of this section, the funeral director has no knowledge that any of the persons described in subdivision (d)(1) of this section exist or if none of the persons so described can be found after reasonable inquiry or contacted by reasonable means; and (2) (A) No person or entity has assumed responsibility for disposition of the remains within five (5) days of the decedent's death or within twenty-four (24) hours after receiving written notice of the facts, whichever is longer, but in no event longer than seven (7) days after the date of the decedent's death. (B) Written notice may be delivered by hand, United States Postal Service, facsimile transmission, or other reliable means of electronic transmission.

(1) If after a good faith effort has been made with no success to contact the individuals listed under subdivision (d)(1) of this section, the funeral director has no knowledge that any of the persons described in subdivision (d)(1) of this section exist or if none of the persons so described can be found after reasonable inquiry or contacted by reasonable means; and

(2) (A) No person or entity has assumed responsibility for disposition of the remains within five (5) days of the decedent's death or within twenty-four (24) hours after receiving written notice of the facts, whichever is longer, but in no event longer than seven (7) days after the date of the decedent's death. (B) Written notice may be delivered by hand, United States Postal Service, facsimile transmission, or other reliable means of electronic transmission.

(A) No person or entity has assumed responsibility for disposition of the remains within five (5) days of the decedent's death or within twenty-four (24) hours after receiving written notice of the facts, whichever is longer, but in no event longer than seven (7) days after the date of the decedent's death.

(B) Written notice may be delivered by hand, United States Postal Service, facsimile transmission, or other reliable means of electronic transmission.

(h) (1) Crematory operators shall not be liable for civil damages for cremating human remains if a declaration of final disposition indicating that the declarant wished to be cremated has been executed under this section. (2) Crematory operators shall not be liable for civil damages for failing to cremate human remains if: (A) The declarant executed a declaration of final disposition indicating that he or she did not wish to be cremated; or (B) The crematory operator knows that there is a dispute as to the validity of the declaration of final disposition.

(1) Crematory operators shall not be liable for civil damages for cremating human remains if a declaration of final disposition indicating that the declarant wished to be cremated has been executed under this section.

(2) Crematory operators shall not be liable for civil damages for failing to cremate human remains if: (A) The declarant executed a declaration of final disposition indicating that he or she did not wish to be cremated; or (B) The crematory operator knows that there is a dispute as to the validity of the declaration of final disposition.

(A) The declarant executed a declaration of final disposition indicating that he or she did not wish to be cremated; or

(B) The crematory operator knows that there is a dispute as to the validity of the declaration of final disposition.

(i) If a decedent did not execute a declaration of final disposition, the person having lawful possession, charge, or control of the decedent's human remains has the right to dispose of the remains in any manner that is consistent with existing laws, rules, and practices for disposing of human remains, including the right to have the remains cremated.

(j) A funeral home shall not be liable for any damages for carrying out the disposition of a decedent's human remains in any lawful manner that is consistent with a decedent's declaration of final disposition.

(k) (1) In the event that a person claiming the right of disposition directs the cremation of the remains of a decedent or in the event that a funeral director assumes responsibility for the disposition of the remains of a decedent under this section and proceeds to cremate the remains of the decedent, and thereafter a person or entity identified in subdivision (d)(1) of this section does not claim custody of the cremated remains for a period of ninety (90) days following the cremation, the funeral director may dispose of the cremated remains of the decedent. (2) A funeral home, cemetery, crematory, or an employee who disposes of the remains of a decedent under the terms of this section shall not be subject to criminal or civil liability or subject to disciplinary action for such actions.

(1) In the event that a person claiming the right of disposition directs the cremation of the remains of a decedent or in the event that a funeral director assumes responsibility for the disposition of the remains of a decedent under this section and proceeds to cremate the remains of the decedent, and thereafter a person or entity identified in subdivision (d)(1) of this section does not claim custody of the cremated remains for a period of ninety (90) days following the cremation, the funeral director may dispose of the cremated remains of the decedent.

(2) A funeral home, cemetery, crematory, or an employee who disposes of the remains of a decedent under the terms of this section shall not be subject to criminal or civil liability or subject to disciplinary action for such actions.

(l) A funeral home, cemetery, crematory, or an employee who relies in good faith upon the instruction of an individual claiming the right of disposition shall not be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instruction.

(m) Nothing in this section shall be construed to affect, repeal, or replace the provisions and procedures set forth in the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq.

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

Amended by Act 2013, No. 723,§ 2, eff. 8/16/2013.

Acts 1991, No. 376, §§ 1-3; 2003, No. 666, § 1; 2007, No. 839, § 4; 2009, No. 402, § 1; 2011, No. 29, §§ 1, 2; 2011, No. 1121, § 5.
Ark. Code Ann. § 20-27-2505 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2505
Powers and duties
Status: in_force

The Department of Health shall administer and enforce this subchapter with the powers and duties to: (1) Require and regulate training and examinations for individuals engaged in performing lead-based paint activities under this subchapter; (2) Establish standards and procedures for the licensing and certification of firms and individuals engaged in lead-based paint activities and training providers engaged in training individuals for certification under this subchapter; (3) Enforce rules necessary or appropriate to the implementation of this subchapter, including without limitation taking legal action in a court of competent jurisdiction; (4) Issue licenses and certifications to all applicants that satisfy the requirements of this subchapter and any rule adopted under this subchapter; (5) Renew the licenses and certifications under this subchapter; and (6) Suspend or revoke the licenses and certifications under this subchapter for cause and after notice and opportunity for a hearing. Acts 2011, No. 1011, § 6.

The Department of Health shall administer and enforce this subchapter with the powers and duties to:

(1) Require and regulate training and examinations for individuals engaged in performing lead-based paint activities under this subchapter;

(2) Establish standards and procedures for the licensing and certification of firms and individuals engaged in lead-based paint activities and training providers engaged in training individuals for certification under this subchapter;

(3) Enforce rules necessary or appropriate to the implementation of this subchapter, including without limitation taking legal action in a court of competent jurisdiction;

(4) Issue licenses and certifications to all applicants that satisfy the requirements of this subchapter and any rule adopted under this subchapter;

(5) Renew the licenses and certifications under this subchapter; and

(6) Suspend or revoke the licenses and certifications under this subchapter for cause and after notice and opportunity for a hearing.

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-10-2401 — AR Code / Title 20 / Chapter 10 / Subchapter 24 / Section 20-10-2401
Definitions
Status: in_force

As used in this subchapter: (1) "Cost report" means all the cost-reporting forms, schedules, filing certifications, compilation reports, attachments, and supplemental information specified by the instructions of the Department of Human Services; and (2) "Room and board" means all property-related costs, including rental or purchase of real estate, construction costs, interest, depreciation, furnishings, equipment, utilities, maintenance of buildings and grounds, maintenance of equipment and furnishings, building and other property insurance, repairs, renovations, improvements, real estate taxes, and related administrative services, and food expenses for three (3) meals a day or other full nutritional regimen. Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Cost report" means all the cost-reporting forms, schedules, filing certifications, compilation reports, attachments, and supplemental information specified by the instructions of the Department of Human Services; and

(2) "Room and board" means all property-related costs, including rental or purchase of real estate, construction costs, interest, depreciation, furnishings, equipment, utilities, maintenance of buildings and grounds, maintenance of equipment and furnishings, building and other property insurance, repairs, renovations, improvements, real estate taxes, and related administrative services, and food expenses for three (3) meals a day or other full nutritional regimen.

Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-15-2306 — AR Code / Title 20 / Chapter 15 / Subchapter 23 / Section 20-15-2306
Immunity from liability
Status: in_force

State, local, or regional committee members are immune from civil and criminal liability in connection with their good faith participation in the maternal death review and all activities related to a review with the Maternal Mortality Review Committee. Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.

State, local, or regional committee members are immune from civil and criminal liability in connection with their good faith participation in the maternal death review and all activities related to a review with the Maternal Mortality Review Committee.

Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-7-138 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-138
[Repealed]
Status: repealed

Repealed by Act 2013, No. 565,§ 1, eff. 8/16/2013. Acts 2011, No. 146, § 1.

Repealed by Act 2013, No. 565,§ 1, eff. 8/16/2013.

Acts 2011, No. 146, § 1.
Ark. Code Ann. § 20-10-217 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-217
Construction program - Survey and planning activities
Status: in_force

(a) The Department of Human Services is empowered and directed to make an inventory of existing medical facilities including public, nonprofit, and proprietary medical facilities, survey the need for construction of medical facilities, and, on the basis of the inventory and survey, develop a program for the construction of such public and other nonprofit medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate medical facility services to the people of the state in accordance with the regulations prescribed by the Hospital Survey and Construction Act, Pub. L. No. 79-725. (b) The construction program shall provide, in accordance with regulations prescribed by the federal act, for adequate medical facilities for the people of the state, and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of medical facility services reasonably accessible to all persons in the state. Acts 1961, No. 414, §§ 9, 10; A.S.A. 1947, §§ 82-335, 82-336.

(a) The Department of Human Services is empowered and directed to make an inventory of existing medical facilities including public, nonprofit, and proprietary medical facilities, survey the need for construction of medical facilities, and, on the basis of the inventory and survey, develop a program for the construction of such public and other nonprofit medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate medical facility services to the people of the state in accordance with the regulations prescribed by the Hospital Survey and Construction Act, Pub. L. No. 79-725.

(b) The construction program shall provide, in accordance with regulations prescribed by the federal act, for adequate medical facilities for the people of the state, and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of medical facility services reasonably accessible to all persons in the state.

Acts 1961, No. 414, §§ 9, 10; A.S.A. 1947, §§ 82-335, 82-336.
Ark. Code Ann. § 20-77-109 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-109
Medicaid assistance for children - Effect on child support
Status: in_force

(a) By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have: (1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and (2) Accrued at the time the assistance, or any portion thereof, is accepted. (b) The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of § 20-77-307 . (c) Support rights assigned to the department under this section shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes. (d) The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section. Acts 1991, No. 985, §§ 1-3; 1993, No. 1242, § 6.

(a) By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have: (1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and (2) Accrued at the time the assistance, or any portion thereof, is accepted.

(1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and

(2) Accrued at the time the assistance, or any portion thereof, is accepted.

(b) The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of § 20-77-307 .

(c) Support rights assigned to the department under this section shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes.

(d) The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section.

Acts 1991, No. 985, §§ 1-3; 1993, No. 1242, § 6.
Ark. Code Ann. § 20-77-2207 — AR Code / Title 20 / Chapter 77 / Subchapter 22 / Section 20-77-2207
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 70, eff. 7/1/2023. Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023. Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.

Repealed by Act 2023, No. 365,§ 70, eff. 7/1/2023.

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

Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-64-221 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-221
Effect of acquittal or conviction under federal narcotic laws
Status: in_force

No person shall be prosecuted for a violation of any provision of this subchapter if such person has been acquitted or convicted under the federal narcotic laws of the same act or omission which, it is alleged, constitutes a violation of this subchapter. Acts 1937, No. 344, § 21; Pope's Dig., § 10146; A.S.A. 1947, § 82-1021.

No person shall be prosecuted for a violation of any provision of this subchapter if such person has been acquitted or convicted under the federal narcotic laws of the same act or omission which, it is alleged, constitutes a violation of this subchapter.

Acts 1937, No. 344, § 21; Pope's Dig., § 10146; A.S.A. 1947, § 82-1021.
Ark. Code Ann. § 20-21-502 — AR Code / Title 20 / Chapter 21 / Subchapter 5 / Section 20-21-502
Administration
Status: in_force

(a) The Department of Health shall serve as the administering and disbursing agency for a program of issuing grants to those local governments located in such close proximity to nuclear-powered electricity generating facilities in this state that federal regulations or state rules require those local governments to maintain a radiological response plan. (b) Grants shall be issued by the department: (1) (A) To the county governments in the affected areas solely for the purpose of defraying costs associated with preparing for and participating in actual nuclear disaster incidents or practice nuclear disaster exercises. (B) The chief executive officer of each county shall be the agent of the county in entering into any agreements with the department in order to receive funds under this section. (C) The chief executive officer of each county shall also be the agent of the county in entering into agreements with officials of the local governments or their agencies within each county to disburse the funds under this section. (D) Each county shall be eligible for that proportion of funds issued under this section as is determined fair and necessary under guidelines to be developed by the department; and (2) To the Division of Emergency Management in quarterly installments for the sole purpose of defraying costs associated with preparing for and participating in actual nuclear disaster incidents or practice nuclear disaster emergency exercises involving nuclear-powered electricity generating facilities in this state. Amended by Act 2023, No. 565,§ 15, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 2038, eff. 7/24/2019. Acts 1983, No. 536, § 2; A.S.A. 1947, § 82-1547.

(a) The Department of Health shall serve as the administering and disbursing agency for a program of issuing grants to those local governments located in such close proximity to nuclear-powered electricity generating facilities in this state that federal regulations or state rules require those local governments to maintain a radiological response plan.

(b) Grants shall be issued by the department: (1) (A) To the county governments in the affected areas solely for the purpose of defraying costs associated with preparing for and participating in actual nuclear disaster incidents or practice nuclear disaster exercises. (B) The chief executive officer of each county shall be the agent of the county in entering into any agreements with the department in order to receive funds under this section. (C) The chief executive officer of each county shall also be the agent of the county in entering into agreements with officials of the local governments or their agencies within each county to disburse the funds under this section. (D) Each county shall be eligible for that proportion of funds issued under this section as is determined fair and necessary under guidelines to be developed by the department; and (2) To the Division of Emergency Management in quarterly installments for the sole purpose of defraying costs associated with preparing for and participating in actual nuclear disaster incidents or practice nuclear disaster emergency exercises involving nuclear-powered electricity generating facilities in this state.

(1) (A) To the county governments in the affected areas solely for the purpose of defraying costs associated with preparing for and participating in actual nuclear disaster incidents or practice nuclear disaster exercises. (B) The chief executive officer of each county shall be the agent of the county in entering into any agreements with the department in order to receive funds under this section. (C) The chief executive officer of each county shall also be the agent of the county in entering into agreements with officials of the local governments or their agencies within each county to disburse the funds under this section. (D) Each county shall be eligible for that proportion of funds issued under this section as is determined fair and necessary under guidelines to be developed by the department; and

(A) To the county governments in the affected areas solely for the purpose of defraying costs associated with preparing for and participating in actual nuclear disaster incidents or practice nuclear disaster exercises.

(B) The chief executive officer of each county shall be the agent of the county in entering into any agreements with the department in order to receive funds under this section.

(C) The chief executive officer of each county shall also be the agent of the county in entering into agreements with officials of the local governments or their agencies within each county to disburse the funds under this section.

(D) Each county shall be eligible for that proportion of funds issued under this section as is determined fair and necessary under guidelines to be developed by the department; and

(2) To the Division of Emergency Management in quarterly installments for the sole purpose of defraying costs associated with preparing for and participating in actual nuclear disaster incidents or practice nuclear disaster emergency exercises involving nuclear-powered electricity generating facilities in this state.

Amended by Act 2023, No. 565,§ 15, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 2038, eff. 7/24/2019.

Acts 1983, No. 536, § 2; A.S.A. 1947, § 82-1547.
Ark. Code Ann. § 20-60-203 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Adulterated" means that a livestock carcass, part of a livestock carcass, or meat food product meets one (1) or more of the following criteria: (A) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any poisonous or deleterious substance that may render the livestock carcass, part of a livestock carcass, or meat food product injurious to health; (B) (i) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in the production of livestock carcasses, parts of a livestock carcass, or meat food products or is unavoidable under good manufacturing practices as may be determined by rules prescribed by the Secretary of the Department of Agriculture. (ii) However, any quantity of added substances exceeding the fixed limit constitutes adulteration; (C) A substance has been substituted, wholly or in part, for the livestock carcass, part of a livestock carcass, or meat food product; (D) Damage to or inferiority of the livestock carcass, part of a livestock carcass, or meat food product has been concealed in any manner; (E) A valuable constituent has been in whole or in part omitted or abstracted from the livestock carcass, part of a livestock carcass, or meat food product; or (F) A substance has been added to the livestock carcass, part of a livestock carcass, or meat food product for the purpose of: (i) Increasing the bulk or weight of the livestock carcass, part of a livestock carcass, or meat food product; (ii) Reducing the quality or strength of the livestock carcass, part of a livestock carcass, or meat food product; or (iii) Making the livestock carcass, part of a livestock carcass, or meat food product appear to be better or of greater value than the livestock carcass, part of a livestock carcass, or meat food product is; (2) "Advertisement" means a representation disseminated in any manner or by any means other than by labeling for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of meat or meat food products; (3) "Container" means any box, can, tin, cloth, plastic, or any other receptacle, wrapper, or cover; (4) "Direct producer-to-consumer transaction" means a face-to-face transaction involving meat or meat food products at the site of production of the meat or meat food products; (5) "Immediate container" means any consumer container or any other container in which meat or a meat food product, not consumer packaged, is packed; (6) "Inspector" means an employee or official of this state authorized by the secretary to inspect livestock, livestock carcasses, parts of livestock carcasses, or meat food products under this subchapter; (7) "Intrastate commerce" means the buying, selling, or exchanging of meat or meat food products within this state; (8) "Label" means any written, printed, or graphic material upon the shipping container, if any, or upon the immediate container of meat or a meat food product, including without limitation any individual consumer container of meat or a meat food product or accompanying the meat or meat food product; (9) "Livestock" means cattle, sheep, swine, goats, or horses; (10) "Meat" means any edible part of the carcass of any livestock; (11) (A) "Meat food product" means any food or food product intended for use as human food that is derived or prepared, in whole or in part, from any portion of any livestock. (B) "Meat food product" does not include a food or food product that is exempted by the secretary upon the determination of the secretary that the food or food product: (i) Contains only a minimal amount of meat and is not represented as a meat food product; or (ii) Is for medicinal purposes and is advertised only to the medical profession; (12) (A) "Official establishment" means any establishment in this state as determined by the secretary at which inspection of the slaughter of livestock or the processing of livestock, livestock carcasses, parts of livestock carcasses, or meat food products is maintained under this subchapter. (B) "Official establishment" does not include the farm or ranch of the producer of livestock or meat where the livestock or meat is sold on an occasional basis directly to the consumer and user of the livestock or meat; (13) "Official inspection mark" means any symbol, formulated under rules prescribed by the secretary, stating that meat or a meat food product has been inspected and passed; (14) "Person" means any individual, partnership, corporation, association, or any other business entity; (15) "Shipping container" means any container used or intended for use in packaging the meat or meat food product packed in an immediate container; (16) "Unwholesome" means: (A) Unsound, injurious to health, containing any biological residue not permitted by rules prescribed by the secretary, or otherwise rendered unfit for human food; (B) Consisting in whole or in part of any filthy, putrid, or decomposed substance; (C) Processed, prepared, packed, or held under unsanitary conditions whereby any livestock carcass, part of a livestock carcass, or meat food product may have become contaminated with filth or may have been rendered injurious to health; (D) Produced in whole or in part from livestock that has died otherwise than by slaughter; or (E) Packaged in a container composed of any poisonous or deleterious substance that may render the contents injurious to health; and (17) "Wholesome" means sound, healthful, clean, and otherwise edible by humans. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 315,§ 2207, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2206, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2205, eff. 7/24/2019. Acts 1967, No. 320, § 3; A.S.A. 1947, § 82-2003.

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

(1) "Adulterated" means that a livestock carcass, part of a livestock carcass, or meat food product meets one (1) or more of the following criteria: (A) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any poisonous or deleterious substance that may render the livestock carcass, part of a livestock carcass, or meat food product injurious to health; (B) (i) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in the production of livestock carcasses, parts of a livestock carcass, or meat food products or is unavoidable under good manufacturing practices as may be determined by rules prescribed by the Secretary of the Department of Agriculture. (ii) However, any quantity of added substances exceeding the fixed limit constitutes adulteration; (C) A substance has been substituted, wholly or in part, for the livestock carcass, part of a livestock carcass, or meat food product; (D) Damage to or inferiority of the livestock carcass, part of a livestock carcass, or meat food product has been concealed in any manner; (E) A valuable constituent has been in whole or in part omitted or abstracted from the livestock carcass, part of a livestock carcass, or meat food product; or (F) A substance has been added to the livestock carcass, part of a livestock carcass, or meat food product for the purpose of: (i) Increasing the bulk or weight of the livestock carcass, part of a livestock carcass, or meat food product; (ii) Reducing the quality or strength of the livestock carcass, part of a livestock carcass, or meat food product; or (iii) Making the livestock carcass, part of a livestock carcass, or meat food product appear to be better or of greater value than the livestock carcass, part of a livestock carcass, or meat food product is;

(A) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any poisonous or deleterious substance that may render the livestock carcass, part of a livestock carcass, or meat food product injurious to health;

(B) (i) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in the production of livestock carcasses, parts of a livestock carcass, or meat food products or is unavoidable under good manufacturing practices as may be determined by rules prescribed by the Secretary of the Department of Agriculture. (ii) However, any quantity of added substances exceeding the fixed limit constitutes adulteration;

(i) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in the production of livestock carcasses, parts of a livestock carcass, or meat food products or is unavoidable under good manufacturing practices as may be determined by rules prescribed by the Secretary of the Department of Agriculture.

(ii) However, any quantity of added substances exceeding the fixed limit constitutes adulteration;

(C) A substance has been substituted, wholly or in part, for the livestock carcass, part of a livestock carcass, or meat food product;

(D) Damage to or inferiority of the livestock carcass, part of a livestock carcass, or meat food product has been concealed in any manner;

(E) A valuable constituent has been in whole or in part omitted or abstracted from the livestock carcass, part of a livestock carcass, or meat food product; or

(F) A substance has been added to the livestock carcass, part of a livestock carcass, or meat food product for the purpose of: (i) Increasing the bulk or weight of the livestock carcass, part of a livestock carcass, or meat food product; (ii) Reducing the quality or strength of the livestock carcass, part of a livestock carcass, or meat food product; or (iii) Making the livestock carcass, part of a livestock carcass, or meat food product appear to be better or of greater value than the livestock carcass, part of a livestock carcass, or meat food product is;

(i) Increasing the bulk or weight of the livestock carcass, part of a livestock carcass, or meat food product;

(ii) Reducing the quality or strength of the livestock carcass, part of a livestock carcass, or meat food product; or

(iii) Making the livestock carcass, part of a livestock carcass, or meat food product appear to be better or of greater value than the livestock carcass, part of a livestock carcass, or meat food product is;

(2) "Advertisement" means a representation disseminated in any manner or by any means other than by labeling for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of meat or meat food products;

(3) "Container" means any box, can, tin, cloth, plastic, or any other receptacle, wrapper, or cover;

(4) "Direct producer-to-consumer transaction" means a face-to-face transaction involving meat or meat food products at the site of production of the meat or meat food products;

(5) "Immediate container" means any consumer container or any other container in which meat or a meat food product, not consumer packaged, is packed;

(6) "Inspector" means an employee or official of this state authorized by the secretary to inspect livestock, livestock carcasses, parts of livestock carcasses, or meat food products under this subchapter;

(7) "Intrastate commerce" means the buying, selling, or exchanging of meat or meat food products within this state;

(8) "Label" means any written, printed, or graphic material upon the shipping container, if any, or upon the immediate container of meat or a meat food product, including without limitation any individual consumer container of meat or a meat food product or accompanying the meat or meat food product;

(9) "Livestock" means cattle, sheep, swine, goats, or horses;

(10) "Meat" means any edible part of the carcass of any livestock;

(11) (A) "Meat food product" means any food or food product intended for use as human food that is derived or prepared, in whole or in part, from any portion of any livestock. (B) "Meat food product" does not include a food or food product that is exempted by the secretary upon the determination of the secretary that the food or food product: (i) Contains only a minimal amount of meat and is not represented as a meat food product; or (ii) Is for medicinal purposes and is advertised only to the medical profession;

(A) "Meat food product" means any food or food product intended for use as human food that is derived or prepared, in whole or in part, from any portion of any livestock.

(B) "Meat food product" does not include a food or food product that is exempted by the secretary upon the determination of the secretary that the food or food product: (i) Contains only a minimal amount of meat and is not represented as a meat food product; or (ii) Is for medicinal purposes and is advertised only to the medical profession;

(i) Contains only a minimal amount of meat and is not represented as a meat food product; or

(ii) Is for medicinal purposes and is advertised only to the medical profession;

(12) (A) "Official establishment" means any establishment in this state as determined by the secretary at which inspection of the slaughter of livestock or the processing of livestock, livestock carcasses, parts of livestock carcasses, or meat food products is maintained under this subchapter. (B) "Official establishment" does not include the farm or ranch of the producer of livestock or meat where the livestock or meat is sold on an occasional basis directly to the consumer and user of the livestock or meat;

(A) "Official establishment" means any establishment in this state as determined by the secretary at which inspection of the slaughter of livestock or the processing of livestock, livestock carcasses, parts of livestock carcasses, or meat food products is maintained under this subchapter.

(B) "Official establishment" does not include the farm or ranch of the producer of livestock or meat where the livestock or meat is sold on an occasional basis directly to the consumer and user of the livestock or meat;

(13) "Official inspection mark" means any symbol, formulated under rules prescribed by the secretary, stating that meat or a meat food product has been inspected and passed;

(14) "Person" means any individual, partnership, corporation, association, or any other business entity;

(15) "Shipping container" means any container used or intended for use in packaging the meat or meat food product packed in an immediate container;

(16) "Unwholesome" means: (A) Unsound, injurious to health, containing any biological residue not permitted by rules prescribed by the secretary, or otherwise rendered unfit for human food; (B) Consisting in whole or in part of any filthy, putrid, or decomposed substance; (C) Processed, prepared, packed, or held under unsanitary conditions whereby any livestock carcass, part of a livestock carcass, or meat food product may have become contaminated with filth or may have been rendered injurious to health; (D) Produced in whole or in part from livestock that has died otherwise than by slaughter; or (E) Packaged in a container composed of any poisonous or deleterious substance that may render the contents injurious to health; and

(A) Unsound, injurious to health, containing any biological residue not permitted by rules prescribed by the secretary, or otherwise rendered unfit for human food;

(B) Consisting in whole or in part of any filthy, putrid, or decomposed substance;

(C) Processed, prepared, packed, or held under unsanitary conditions whereby any livestock carcass, part of a livestock carcass, or meat food product may have become contaminated with filth or may have been rendered injurious to health;

(D) Produced in whole or in part from livestock that has died otherwise than by slaughter; or

(E) Packaged in a container composed of any poisonous or deleterious substance that may render the contents injurious to health; and

(17) "Wholesome" means sound, healthful, clean, and otherwise edible by humans.

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

Amended by Act 2019, No. 315,§ 2207, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2206, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2205, eff. 7/24/2019.

Acts 1967, No. 320, § 3; A.S.A. 1947, § 82-2003.
Ark. Code Ann. § 20-10-1906 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1906
Scheduling informal dispute resolution hearings - Submission of documentary evidence
Status: in_force

(a) (1) Upon receipt of a request for an informal dispute resolution hearing from a long-term care facility, the Department of Health shall assign the matter to an impartial decision maker. (2) If a deficiency in dispute concerns a pharmacy, a pharmacist, a pharmacy tag, or a deficiency where the expertise of a pharmacist is required, the impartial decision maker shall: (A) Be a pharmacist if the impartial decision maker is a single individual; or (B) Include a pharmacist if the impartial decision maker is a group of individuals. (b) The impartial decision maker shall: (1) Schedule a time and date for a hearing; and (2) Inform the parties of the time and date of the hearing. (c) If the request for an informal dispute resolution hearing includes a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, the impartial decision maker shall: (1) Arrange for facilities appropriate for conducting the hearing; and (2) Inform the parties of the location of the facility. (d) (1) Each party shall submit to the impartial decision maker all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the impartial decision maker. (2) Documentary evidence that is not submitted by the date specified by the impartial decision maker may be: (A) Refused and not considered by the impartial decision maker; or (B) (i) Accepted by the impartial decision maker. (ii) If the evidence is accepted, the impartial decision maker shall provide the opposing party the opportunity to submit additional documentary evidence. (iii) However, the additional evidence shall be limited to information that addresses or rebuts the documentary evidence submitted after the date specified by the impartial decision maker. (e) (1) If the request for an informal dispute resolution hearing does not include a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, or upon agreement of the long-term care facility and the Department of Human Services, the impartial decision maker may conduct the hearing by telephone conference call or by a review of documentary evidence submitted by the parties. (2) (A) If the informal dispute resolution hearing is conducted by record review, the impartial decision maker may request, and the parties shall provide, a written statement setting forth the parties' positions for accepting, rejecting, or modifying each deficiency in dispute. (B) The written statement shall specify the documentary evidence that supports the position of each party for each deficiency in dispute. (C) The long-term care facility shall provide its written statement to the impartial decision maker and the Department of Human Services. (D) The Department of Human Services shall then provide its written statement in rebuttal to the impartial decision maker and the long-term care facility. Amended by Act 2021, No. 1017,§ 18, eff. 7/28/2021. Acts 2003, No. 1108, § 1; 2011, No. 1144, §§ 2, 3.

(a) (1) Upon receipt of a request for an informal dispute resolution hearing from a long-term care facility, the Department of Health shall assign the matter to an impartial decision maker. (2) If a deficiency in dispute concerns a pharmacy, a pharmacist, a pharmacy tag, or a deficiency where the expertise of a pharmacist is required, the impartial decision maker shall: (A) Be a pharmacist if the impartial decision maker is a single individual; or (B) Include a pharmacist if the impartial decision maker is a group of individuals.

(1) Upon receipt of a request for an informal dispute resolution hearing from a long-term care facility, the Department of Health shall assign the matter to an impartial decision maker.

(2) If a deficiency in dispute concerns a pharmacy, a pharmacist, a pharmacy tag, or a deficiency where the expertise of a pharmacist is required, the impartial decision maker shall: (A) Be a pharmacist if the impartial decision maker is a single individual; or (B) Include a pharmacist if the impartial decision maker is a group of individuals.

(A) Be a pharmacist if the impartial decision maker is a single individual; or

(B) Include a pharmacist if the impartial decision maker is a group of individuals.

(b) The impartial decision maker shall: (1) Schedule a time and date for a hearing; and (2) Inform the parties of the time and date of the hearing.

(1) Schedule a time and date for a hearing; and

(2) Inform the parties of the time and date of the hearing.

(c) If the request for an informal dispute resolution hearing includes a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, the impartial decision maker shall: (1) Arrange for facilities appropriate for conducting the hearing; and (2) Inform the parties of the location of the facility.

(1) Arrange for facilities appropriate for conducting the hearing; and

(2) Inform the parties of the location of the facility.

(d) (1) Each party shall submit to the impartial decision maker all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the impartial decision maker. (2) Documentary evidence that is not submitted by the date specified by the impartial decision maker may be: (A) Refused and not considered by the impartial decision maker; or (B) (i) Accepted by the impartial decision maker. (ii) If the evidence is accepted, the impartial decision maker shall provide the opposing party the opportunity to submit additional documentary evidence. (iii) However, the additional evidence shall be limited to information that addresses or rebuts the documentary evidence submitted after the date specified by the impartial decision maker.

(1) Each party shall submit to the impartial decision maker all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the impartial decision maker.

(2) Documentary evidence that is not submitted by the date specified by the impartial decision maker may be: (A) Refused and not considered by the impartial decision maker; or (B) (i) Accepted by the impartial decision maker. (ii) If the evidence is accepted, the impartial decision maker shall provide the opposing party the opportunity to submit additional documentary evidence. (iii) However, the additional evidence shall be limited to information that addresses or rebuts the documentary evidence submitted after the date specified by the impartial decision maker.

(A) Refused and not considered by the impartial decision maker; or

(B) (i) Accepted by the impartial decision maker. (ii) If the evidence is accepted, the impartial decision maker shall provide the opposing party the opportunity to submit additional documentary evidence. (iii) However, the additional evidence shall be limited to information that addresses or rebuts the documentary evidence submitted after the date specified by the impartial decision maker.

(i) Accepted by the impartial decision maker.

(ii) If the evidence is accepted, the impartial decision maker shall provide the opposing party the opportunity to submit additional documentary evidence.

(iii) However, the additional evidence shall be limited to information that addresses or rebuts the documentary evidence submitted after the date specified by the impartial decision maker.

(e) (1) If the request for an informal dispute resolution hearing does not include a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, or upon agreement of the long-term care facility and the Department of Human Services, the impartial decision maker may conduct the hearing by telephone conference call or by a review of documentary evidence submitted by the parties. (2) (A) If the informal dispute resolution hearing is conducted by record review, the impartial decision maker may request, and the parties shall provide, a written statement setting forth the parties' positions for accepting, rejecting, or modifying each deficiency in dispute. (B) The written statement shall specify the documentary evidence that supports the position of each party for each deficiency in dispute. (C) The long-term care facility shall provide its written statement to the impartial decision maker and the Department of Human Services. (D) The Department of Human Services shall then provide its written statement in rebuttal to the impartial decision maker and the long-term care facility.

(1) If the request for an informal dispute resolution hearing does not include a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, or upon agreement of the long-term care facility and the Department of Human Services, the impartial decision maker may conduct the hearing by telephone conference call or by a review of documentary evidence submitted by the parties.

(2) (A) If the informal dispute resolution hearing is conducted by record review, the impartial decision maker may request, and the parties shall provide, a written statement setting forth the parties' positions for accepting, rejecting, or modifying each deficiency in dispute. (B) The written statement shall specify the documentary evidence that supports the position of each party for each deficiency in dispute. (C) The long-term care facility shall provide its written statement to the impartial decision maker and the Department of Human Services. (D) The Department of Human Services shall then provide its written statement in rebuttal to the impartial decision maker and the long-term care facility.

(A) If the informal dispute resolution hearing is conducted by record review, the impartial decision maker may request, and the parties shall provide, a written statement setting forth the parties' positions for accepting, rejecting, or modifying each deficiency in dispute.

(B) The written statement shall specify the documentary evidence that supports the position of each party for each deficiency in dispute.

(C) The long-term care facility shall provide its written statement to the impartial decision maker and the Department of Human Services.

(D) The Department of Human Services shall then provide its written statement in rebuttal to the impartial decision maker and the long-term care facility.

Amended by Act 2021, No. 1017,§ 18, eff. 7/28/2021.

Acts 2003, No. 1108, § 1; 2011, No. 1144, §§ 2, 3.
Ark. Code Ann. § 20-9-801 — AR Code / Title 20 / Chapter 9 / Subchapter 8 / Section 20-9-801
Declaration of policy
Status: in_force

(a) The availability of scientific knowledge, skills, and materials for the transplantation, injection, transfusion, or transfer of human tissue, organs, blood, and components thereof is important to the health and welfare of the people of this state. (b) The imposition of legal liability without fault upon the persons and organizations engaged in such scientific procedures inhibits the exercise of sound medical judgment and restricts the availability of important scientific knowledge, skills, and materials. (c) It is therefore the public policy of this state to promote the health and welfare of the people by limiting the legal liability arising out of such scientific procedures to instances of negligence or willful misconduct. Acts 1971, No. 462, § 1; A.S.A. 1947, § 82-1607.

(a) The availability of scientific knowledge, skills, and materials for the transplantation, injection, transfusion, or transfer of human tissue, organs, blood, and components thereof is important to the health and welfare of the people of this state.

(b) The imposition of legal liability without fault upon the persons and organizations engaged in such scientific procedures inhibits the exercise of sound medical judgment and restricts the availability of important scientific knowledge, skills, and materials.

(c) It is therefore the public policy of this state to promote the health and welfare of the people by limiting the legal liability arising out of such scientific procedures to instances of negligence or willful misconduct.

Acts 1971, No. 462, § 1; A.S.A. 1947, § 82-1607.
Ark. Code Ann. § 20-33-213 — AR Code / Title 20 / Chapter 33 / Subchapter 2 / Section 20-33-213
Criminal history and registry records checks required - Definitions
Status: in_force

(a) As used in this section: (1) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in § 20-38-101 ; and (2) "Service provider" means any of the following: (A) A home- and community-based health services provider certified by the Division of Provider Services and Quality Assurance; (B) A home healthcare services agency as defined by § 20-10-801 ; (C) A hospice program as defined by § 20-7-117 ; or (D) A long-term care facility as defined by § 20-10-702 . (b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (c) (1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2) (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 - 20-33-212 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 - 20-33-212 [repealed]. (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq. (d) (1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2) (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 - 20-33-212 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 - 20-33-212 [repealed]. (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq. (e) The department shall establish by rule requirements for registry records checks for: (1) An applicant for licensure or certification of a service provider; (2) An applicant for employment with a service provider; and (3) An employee of a service provider. Amended by Act 2023, No. 164,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 318,§ 5, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 58, eff. 8/1/2017. Amended by Act 2017, No. 591,§ 3, eff. 8/1/2017. Acts 2009, No. 762, § 6; 2011, No. 1121, § 10.

(a) As used in this section: (1) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in § 20-38-101 ; and (2) "Service provider" means any of the following: (A) A home- and community-based health services provider certified by the Division of Provider Services and Quality Assurance; (B) A home healthcare services agency as defined by § 20-10-801 ; (C) A hospice program as defined by § 20-7-117 ; or (D) A long-term care facility as defined by § 20-10-702 .

(1) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in § 20-38-101 ; and

(2) "Service provider" means any of the following: (A) A home- and community-based health services provider certified by the Division of Provider Services and Quality Assurance; (B) A home healthcare services agency as defined by § 20-10-801 ; (C) A hospice program as defined by § 20-7-117 ; or (D) A long-term care facility as defined by § 20-10-702 .

(A) A home- and community-based health services provider certified by the Division of Provider Services and Quality Assurance;

(B) A home healthcare services agency as defined by § 20-10-801 ;

(C) A hospice program as defined by § 20-7-117 ; or

(D) A long-term care facility as defined by § 20-10-702 .

(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.

(c) (1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2) (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 - 20-33-212 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 - 20-33-212 [repealed]. (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.

(2) (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 - 20-33-212 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 - 20-33-212 [repealed]. (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 - 20-33-212 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 - 20-33-212 [repealed].

(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(d) (1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2) (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 - 20-33-212 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 - 20-33-212 [repealed]. (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.

(2) (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 - 20-33-212 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 - 20-33-212 [repealed]. (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-33-201 - 20-33-212 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-33-201 - 20-33-212 [repealed].

(B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(e) The department shall establish by rule requirements for registry records checks for: (1) An applicant for licensure or certification of a service provider; (2) An applicant for employment with a service provider; and (3) An employee of a service provider.

(1) An applicant for licensure or certification of a service provider;

(2) An applicant for employment with a service provider; and

(3) An employee of a service provider.

Amended by Act 2023, No. 164,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 318,§ 5, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 58, eff. 8/1/2017.

Amended by Act 2017, No. 591,§ 3, eff. 8/1/2017.

Acts 2009, No. 762, § 6; 2011, No. 1121, § 10.