Ark. Code Ann. § 20-77-133 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-133
Walk-in clinic and emergent care clinic - Medicaid reimbursement - Definitions
Status: in_force

(a) As used in this section: (1) "Emergent care clinic" means a walk-in clinic focused on the delivery of ambulatory care in a facility outside of traditional emergency care; and (2) "Walk-in clinic" means a medical clinic that accepts patients on a walk-in basis and without an appointment. (b) When a Medicaid beneficiary who does not have an assigned primary care provider utilizes or attempts to utilize a walk-in clinic or emergent care clinic, the walk-in clinic or emergent care clinic shall not decline to treat the patient due to his or her lack of a primary care provider. (c) The Arkansas Medicaid Program shall reimburse for up to four (4) healthcare visits per year at a walk-in clinic or emergent care clinic when the Medicaid beneficiary does not have a primary care provider assigned if the walk-in clinic or emergent care clinic is associated with a hospital. Added by Act 2017, No. 546,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) "Emergent care clinic" means a walk-in clinic focused on the delivery of ambulatory care in a facility outside of traditional emergency care; and (2) "Walk-in clinic" means a medical clinic that accepts patients on a walk-in basis and without an appointment.

(1) "Emergent care clinic" means a walk-in clinic focused on the delivery of ambulatory care in a facility outside of traditional emergency care; and

(2) "Walk-in clinic" means a medical clinic that accepts patients on a walk-in basis and without an appointment.

(b) When a Medicaid beneficiary who does not have an assigned primary care provider utilizes or attempts to utilize a walk-in clinic or emergent care clinic, the walk-in clinic or emergent care clinic shall not decline to treat the patient due to his or her lack of a primary care provider.

(c) The Arkansas Medicaid Program shall reimburse for up to four (4) healthcare visits per year at a walk-in clinic or emergent care clinic when the Medicaid beneficiary does not have a primary care provider assigned if the walk-in clinic or emergent care clinic is associated with a hospital.

Added by Act 2017, No. 546,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-59-502 — AR Code / Title 20 / Chapter 59 / Subchapter 5 / Section 20-59-502
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019. Acts 1981, No. 506, § 2; A.S.A. 1947, § 82-4017.

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019.

Acts 1981, No. 506, § 2; A.S.A. 1947, § 82-4017.
Ark. Code Ann. § 20-21-221 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-221
Intergovernmental agreements
Status: in_force

(a) (1) The Governor, on behalf of this state, may enter into agreements with the United States Government providing for discontinuance of certain of the United States Government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this subchapter. (2) Any person that, on the effective date of an agreement under this subsection, possesses a license issued by the United States Government shall be deemed to possess the same pursuant to a license issued under this subchapter, which shall expire either ninety (90) days after receipt from the State Radiation Control Agency of a notice of expiration of the license or on the date of expiration specified in the federal license, whichever is earlier. (b) The agency may enter into an agreement or agreements with the United States Government, other states, or interstate agencies, whereby this state will perform, on a cooperative basis with the United States Government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation. Acts 1961 (2nd Ex. Sess.), No. 8, §§ 8, 9; A.S.A. 1947, §§ 82-1519, 82-1520.

(a) (1) The Governor, on behalf of this state, may enter into agreements with the United States Government providing for discontinuance of certain of the United States Government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this subchapter. (2) Any person that, on the effective date of an agreement under this subsection, possesses a license issued by the United States Government shall be deemed to possess the same pursuant to a license issued under this subchapter, which shall expire either ninety (90) days after receipt from the State Radiation Control Agency of a notice of expiration of the license or on the date of expiration specified in the federal license, whichever is earlier.

(1) The Governor, on behalf of this state, may enter into agreements with the United States Government providing for discontinuance of certain of the United States Government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this subchapter.

(2) Any person that, on the effective date of an agreement under this subsection, possesses a license issued by the United States Government shall be deemed to possess the same pursuant to a license issued under this subchapter, which shall expire either ninety (90) days after receipt from the State Radiation Control Agency of a notice of expiration of the license or on the date of expiration specified in the federal license, whichever is earlier.

(b) The agency may enter into an agreement or agreements with the United States Government, other states, or interstate agencies, whereby this state will perform, on a cooperative basis with the United States Government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.

Acts 1961 (2nd Ex. Sess.), No. 8, §§ 8, 9; A.S.A. 1947, §§ 82-1519, 82-1520.
Ark. Code Ann. § 20-79-215 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-215
Hearings
Status: in_force

Any individual applying for or receiving rehabilitation who is aggrieved by any action or inaction of Arkansas Rehabilitation Services shall be entitled to a hearing in accordance with the rules adopted and promulgated by the Division of Workforce Services on that subject. Amended by Act 2019, No. 315,§ 2303, eff. 7/24/2019. Acts 1955, No. 43, § 15; 1959, No. 34, § 11; A.S.A. 1947, § 80-2554.

Any individual applying for or receiving rehabilitation who is aggrieved by any action or inaction of Arkansas Rehabilitation Services shall be entitled to a hearing in accordance with the rules adopted and promulgated by the Division of Workforce Services on that subject.

Amended by Act 2019, No. 315,§ 2303, eff. 7/24/2019.

Acts 1955, No. 43, § 15; 1959, No. 34, § 11; A.S.A. 1947, § 80-2554.
Ark. Code Ann. § 20-8-703 — AR Code / Title 20 / Chapter 8 / Subchapter 7 / Section 20-8-703
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 57, eff. 7/1/2023. Added by Act 2017, No. 735,§ 1, eff. 8/1/2017.

Repealed by Act 2023, No. 365,§ 57, eff. 7/1/2023.

Added by Act 2017, No. 735,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-17-1110 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1110
Assessment - Annual reassessment
Status: in_force

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district making it necessary to have the annual benefits revised. (b) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change. However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the operation of the cemetery. Acts 1957, No. 318, § 6; A.S.A. 1947, § 20-1306.

(a) The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district making it necessary to have the annual benefits revised.

(b) Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change. However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the operation of the cemetery.

Acts 1957, No. 318, § 6; A.S.A. 1947, § 20-1306.
Ark. Code Ann. § 20-6-104 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-104
Revocation of designation of agent - Revocation of advance directive - Spouse as agent - Conflicts
Status: in_force

(a) A principal having capacity may revoke all or part of an advance directive, including without limitation a living will, durable power of attorney for health care, or other document, at any time and in any manner that communicates an intent to revoke. (b) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in an advance directive. (c) An advance directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict. (d) A healthcare provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising healthcare provider and any healthcare institution at which the patient is receiving care. Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) A principal having capacity may revoke all or part of an advance directive, including without limitation a living will, durable power of attorney for health care, or other document, at any time and in any manner that communicates an intent to revoke.

(b) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in an advance directive.

(c) An advance directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.

(d) A healthcare provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising healthcare provider and any healthcare institution at which the patient is receiving care.

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

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-9-402 — AR Code / Title 20 / Chapter 9 / Subchapter 4 / Section 20-9-402
Deliveries - Dismissal of mother and infant
Status: in_force

(a) A freestanding birthing center shall have a qualified medical director, and deliveries shall be performed by a qualified physician or by a certified nurse midwife in accordance with an arrangement with a physician as required by § 17-87-101 et seq. (b) A mother and her infant shall be dismissed from a freestanding birthing center within twenty-four (24) hours of the admission. Acts 1997, No. 891, § 2.

(a) A freestanding birthing center shall have a qualified medical director, and deliveries shall be performed by a qualified physician or by a certified nurse midwife in accordance with an arrangement with a physician as required by § 17-87-101 et seq.

(b) A mother and her infant shall be dismissed from a freestanding birthing center within twenty-four (24) hours of the admission.

Acts 1997, No. 891, § 2.
Ark. Code Ann. § 20-57-202 — AR Code / Title 20 / Chapter 57 / Subchapter 2 / Section 20-57-202
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 49, eff. 8/1/2017. Acts 1977, No. 357, § 2; 1979, No. 57, § 1; A.S.A. 1947, § 82-997.1; Acts 1987, No. 903, § 2; 1989, No. 67, § 2; 1997, No. 250, § 200.

Repealed by Act 2017, No. 540,§ 49, eff. 8/1/2017.

Acts 1977, No. 357, § 2; 1979, No. 57, § 1; A.S.A. 1947, § 82-997.1; Acts 1987, No. 903, § 2; 1989, No. 67, § 2; 1997, No. 250, § 200.
Ark. Code Ann. § 20-64-215 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-215
Notice of conviction to be sent to licensing board
Status: in_force

On the conviction of any person of the violation of any provision of this subchapter, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. On the conviction of any such person, the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, said board or officer may reinstate such license or registration. Acts 1937, No. 344, § 15; Pope's Dig., §§ 4617, 10140; A.S.A. 1947, § 82-1015.

On the conviction of any person of the violation of any provision of this subchapter, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. On the conviction of any such person, the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, said board or officer may reinstate such license or registration.

Acts 1937, No. 344, § 15; Pope's Dig., §§ 4617, 10140; A.S.A. 1947, § 82-1015.
Ark. Code Ann. § 20-15-1802 — AR Code / Title 20 / Chapter 15 / Subchapter 18 / Section 20-15-1802
[Repealed]
Status: repealed

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

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

Acts 2007, No. 842, § 1.
Ark. Code Ann. § 20-46-309 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-309
Composition and qualifications of staff and boards
Status: in_force

The Secretary of the Department of Human Services shall require the following as to the composition and professional qualifications of the clinic or center staff and control and direction of the clinic or center: (1) The community mental health center or clinic should have an administrator who will be responsible for the management and affairs of the agency in accordance with regulations set forth by the National Institute of Mental Health, and as required by local boards of directors; (2) Medical responsibility for each patient must be vested in a physician. If that physician is not a psychiatrist, psychiatric consultation must be available to the center staff on a continuing and regularly scheduled basis; (3) The clinic or center staff shall include other professional staff such as psychologists, social workers, and nurses with such qualifications, responsibilities, and time on the job as shall correspond with the size and capacity of the clinic; and (4) Each clinic or center from which services may be purchased shall be under the control or direction of a county or community board of directors or trustees of a corporation not for profit or a political subdivision of the state. The local board shall have at least one (1) member from each of the various counties for which funds are received by the organization. However, no county shall have more than a simple majority of members on the board unless that county has within it more than fifty percent (50%) of the population of the total area from which the corporation received mental health funds. Amended by Act 2019, No. 910,§ 5195, eff. 7/1/2019. Acts 1971, No. 433, ch. 2, § 3; A.S.A. 1947, § 59-303.

The Secretary of the Department of Human Services shall require the following as to the composition and professional qualifications of the clinic or center staff and control and direction of the clinic or center:

(1) The community mental health center or clinic should have an administrator who will be responsible for the management and affairs of the agency in accordance with regulations set forth by the National Institute of Mental Health, and as required by local boards of directors;

(2) Medical responsibility for each patient must be vested in a physician. If that physician is not a psychiatrist, psychiatric consultation must be available to the center staff on a continuing and regularly scheduled basis;

(3) The clinic or center staff shall include other professional staff such as psychologists, social workers, and nurses with such qualifications, responsibilities, and time on the job as shall correspond with the size and capacity of the clinic; and

(4) Each clinic or center from which services may be purchased shall be under the control or direction of a county or community board of directors or trustees of a corporation not for profit or a political subdivision of the state. The local board shall have at least one (1) member from each of the various counties for which funds are received by the organization. However, no county shall have more than a simple majority of members on the board unless that county has within it more than fifty percent (50%) of the population of the total area from which the corporation received mental health funds.

Amended by Act 2019, No. 910,§ 5195, eff. 7/1/2019.

Acts 1971, No. 433, ch. 2, § 3; A.S.A. 1947, § 59-303.
Ark. Code Ann. § 20-57-307 — AR Code / Title 20 / Chapter 57 / Subchapter 3 / Section 20-57-307
Vitamins and other ingredients - Bread
Status: in_force

(a) It shall be unlawful for any person to manufacture, bake, sell, or offer for sale, or to receive in interstate shipment for sale for human consumption in this state, any bread, as defined in § 20-57-302 , unless the following vitamins and other ingredients are contained in each pound of the bread: (1) Not less than one and one-tenth milligram (1.1 mg) of Vitamin B1 (thiamin); (2) Not less than seven-tenths milligram (0.7 mg) of riboflavin; (3) Not less than ten milligrams (10.0 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and (4) Not less than ten milligrams (10.0 mg) of iron (Fe). (b) These ingredients and amounts are in accordance with the definition of enriched bread as promulgated by the United States Food and Drug Administration, 21 C.F.R. § 136.115 . Acts 1945, No. 214, § 4; A.S.A. 1947, § 82-937.

(a) It shall be unlawful for any person to manufacture, bake, sell, or offer for sale, or to receive in interstate shipment for sale for human consumption in this state, any bread, as defined in § 20-57-302 , unless the following vitamins and other ingredients are contained in each pound of the bread: (1) Not less than one and one-tenth milligram (1.1 mg) of Vitamin B1 (thiamin); (2) Not less than seven-tenths milligram (0.7 mg) of riboflavin; (3) Not less than ten milligrams (10.0 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and (4) Not less than ten milligrams (10.0 mg) of iron (Fe).

(1) Not less than one and one-tenth milligram (1.1 mg) of Vitamin B1 (thiamin);

(2) Not less than seven-tenths milligram (0.7 mg) of riboflavin;

(3) Not less than ten milligrams (10.0 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and

(4) Not less than ten milligrams (10.0 mg) of iron (Fe).

(b) These ingredients and amounts are in accordance with the definition of enriched bread as promulgated by the United States Food and Drug Administration, 21 C.F.R. § 136.115 .

Acts 1945, No. 214, § 4; A.S.A. 1947, § 82-937.
Ark. Code Ann. § 20-20-226 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-226
State preemption
Status: in_force

(a) Except as otherwise authorized in this subchapter, no city, county, or other political subdivision of the state shall adopt any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides. (b) This section shall not affect the validity of any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides adopted before March 1, 1993. Acts 1993, No. 815, §§ 1, 2.

(a) Except as otherwise authorized in this subchapter, no city, county, or other political subdivision of the state shall adopt any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides.

(b) This section shall not affect the validity of any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides adopted before March 1, 1993.

Acts 1993, No. 815, §§ 1, 2.
Ark. Code Ann. § 20-83-103 — AR Code / Title 20 / Chapter 83 / Section 20-83-103
Definitions
Status: in_force

As used in this subchapter: (1) "ArFMNP" means the Arkansas Farmers' Market Nutrition Program; and (2) "Coupon" means a nontaxable nutrition supplement coupon issued and distributed by the program for redeeming locally grown foods as provided by this subchapter. Acts 1993, No. 1218, § 3.

As used in this subchapter:

(1) "ArFMNP" means the Arkansas Farmers' Market Nutrition Program; and

(2) "Coupon" means a nontaxable nutrition supplement coupon issued and distributed by the program for redeeming locally grown foods as provided by this subchapter.

Acts 1993, No. 1218, § 3.
Ark. Code Ann. § 20-77-1901 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1901
Definitions
Status: in_force

As used in this subchapter: (1) "Division" means the Division of Medical Services of the Department of Human Services; (2) "Hospital" means a health care facility licensed as a hospital by the Division of Health Facilities Services under § 20-9-213 ; (3) "Medicare Cost Report" means CMS-2552-96, the Cost Report for Electronic Filing of Hospitals, as it existed on January 1, 2009; (4) "Net patient revenue" means the amount calculated in accordance with generally accepted accounting principles for hospitals that is reported on Worksheet G-3, Column 1, Line 3, of the Medicare Cost Report adjusted to exclude nonhospital revenue; (5) (A) "Nonstate government-owned hospital" means a hospital that is owned and operated by an agency or a unit of a county or municipal government, including without limitation a hospital owned and operated by: (i) A county under § 14-263-101 et seq.; or (ii) A city under § 14-264-101 et seq. (B) "Nonstate government-owned hospital" does not include a hospital that is owned by an agency or unit of county or municipal government but is contracted or leased to an individual, firm, or corporation that is not a government entity; (6) "Privately operated hospital" means a licensed hospital in Arkansas other than: (A) Any hospital that is owned and operated by the United States Government; (B) Any hospital that is an agency or a unit of state government, including without limitation a hospital owned by a state agency or a state university; and (C) Any nonstate government-owned hospital; (7) "Specialty hospital" means an acute care general hospital that: (A) Limits services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation; or (B) Is primarily or exclusively engaged in the care and treatment of patients with cardiac conditions; (8) "State plan amendment" means a change or update to the state Medicaid plan; (9) "Upper payment limit" means the maximum ceiling imposed by federal regulation on privately owned hospital Medicaid reimbursement for inpatient services under 42 C.F.R § 447.272 and outpatient services under 42 C.F.R § 447.321 ; and (10) (A) "Upper payment limit gap" means the difference between the upper payment limit and Medicaid payments not financed using hospital assessments made to all privately operated hospitals. (B) The upper payment limit gap shall be calculated separately for hospital inpatient and outpatient services. (C) Medicaid disproportionate share payments shall be excluded from the calculation of the upper payment limit gap. Acts 2009, No. 562, § 1.

As used in this subchapter:

(1) "Division" means the Division of Medical Services of the Department of Human Services;

(2) "Hospital" means a health care facility licensed as a hospital by the Division of Health Facilities Services under § 20-9-213 ;

(3) "Medicare Cost Report" means CMS-2552-96, the Cost Report for Electronic Filing of Hospitals, as it existed on January 1, 2009;

(4) "Net patient revenue" means the amount calculated in accordance with generally accepted accounting principles for hospitals that is reported on Worksheet G-3, Column 1, Line 3, of the Medicare Cost Report adjusted to exclude nonhospital revenue;

(5) (A) "Nonstate government-owned hospital" means a hospital that is owned and operated by an agency or a unit of a county or municipal government, including without limitation a hospital owned and operated by: (i) A county under § 14-263-101 et seq.; or (ii) A city under § 14-264-101 et seq. (B) "Nonstate government-owned hospital" does not include a hospital that is owned by an agency or unit of county or municipal government but is contracted or leased to an individual, firm, or corporation that is not a government entity;

(A) "Nonstate government-owned hospital" means a hospital that is owned and operated by an agency or a unit of a county or municipal government, including without limitation a hospital owned and operated by: (i) A county under § 14-263-101 et seq.; or (ii) A city under § 14-264-101 et seq.

(i) A county under § 14-263-101 et seq.; or

(ii) A city under § 14-264-101 et seq.

(B) "Nonstate government-owned hospital" does not include a hospital that is owned by an agency or unit of county or municipal government but is contracted or leased to an individual, firm, or corporation that is not a government entity;

(6) "Privately operated hospital" means a licensed hospital in Arkansas other than: (A) Any hospital that is owned and operated by the United States Government; (B) Any hospital that is an agency or a unit of state government, including without limitation a hospital owned by a state agency or a state university; and (C) Any nonstate government-owned hospital;

(A) Any hospital that is owned and operated by the United States Government;

(B) Any hospital that is an agency or a unit of state government, including without limitation a hospital owned by a state agency or a state university; and

(C) Any nonstate government-owned hospital;

(7) "Specialty hospital" means an acute care general hospital that: (A) Limits services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation; or (B) Is primarily or exclusively engaged in the care and treatment of patients with cardiac conditions;

(A) Limits services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation; or

(B) Is primarily or exclusively engaged in the care and treatment of patients with cardiac conditions;

(8) "State plan amendment" means a change or update to the state Medicaid plan;

(9) "Upper payment limit" means the maximum ceiling imposed by federal regulation on privately owned hospital Medicaid reimbursement for inpatient services under 42 C.F.R § 447.272 and outpatient services under 42 C.F.R § 447.321 ; and

(10) (A) "Upper payment limit gap" means the difference between the upper payment limit and Medicaid payments not financed using hospital assessments made to all privately operated hospitals. (B) The upper payment limit gap shall be calculated separately for hospital inpatient and outpatient services. (C) Medicaid disproportionate share payments shall be excluded from the calculation of the upper payment limit gap.

(A) "Upper payment limit gap" means the difference between the upper payment limit and Medicaid payments not financed using hospital assessments made to all privately operated hospitals.

(B) The upper payment limit gap shall be calculated separately for hospital inpatient and outpatient services.

(C) Medicaid disproportionate share payments shall be excluded from the calculation of the upper payment limit gap.

Acts 2009, No. 562, § 1.
Ark. Code Ann. § 20-64-220 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-220
Penalties
Status: in_force

(1) Except as provided in subdivision (2) of this section, a person violating any provision of this subchapter commits a felony and upon conviction shall be fined not more than two thousand dollars ($2,000), and be imprisoned in the state penitentiary not less than two (2) nor more than five (5) years. For a second offense, or if, in case of a first conviction of violation of any provision of this subchapter, the offender shall previously have been convicted of any violation of the laws of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than five (5) nor more than ten (10) years. For a third or subsequent offense, or if, the offender shall previously have been convicted two (2) or more times in the aggregate of any violation of the law of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than ten (10) or more than twenty (20) years. Except in the case of conviction for a first offense for violation of the provisions of this subchapter the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served. (2) A person violating § 20-64-217 in a manner involving only a preparation exempted by § 20-64-208 for a first conviction shall be fined not more than twenty-five dollars ($25.00), for a second conviction shall be fined not more than fifty dollars ($50.00), and for a third or subsequent conviction shall be fined not more than one hundred dollars ($100). Acts 1937, No. 344, § 20; Pope's Dig., § 10145; Acts 1955, No. 155, § 5; 1961, No. 418, § 1; 1963, No. 113, § 1; 1975, No. 928, § 24; A.S.A. 1947, § 82-1020.

(1) Except as provided in subdivision (2) of this section, a person violating any provision of this subchapter commits a felony and upon conviction shall be fined not more than two thousand dollars ($2,000), and be imprisoned in the state penitentiary not less than two (2) nor more than five (5) years. For a second offense, or if, in case of a first conviction of violation of any provision of this subchapter, the offender shall previously have been convicted of any violation of the laws of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than five (5) nor more than ten (10) years. For a third or subsequent offense, or if, the offender shall previously have been convicted two (2) or more times in the aggregate of any violation of the law of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than ten (10) or more than twenty (20) years. Except in the case of conviction for a first offense for violation of the provisions of this subchapter the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.

Except in the case of conviction for a first offense for violation of the provisions of this subchapter the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.

(2) A person violating § 20-64-217 in a manner involving only a preparation exempted by § 20-64-208 for a first conviction shall be fined not more than twenty-five dollars ($25.00), for a second conviction shall be fined not more than fifty dollars ($50.00), and for a third or subsequent conviction shall be fined not more than one hundred dollars ($100).

Acts 1937, No. 344, § 20; Pope's Dig., § 10145; Acts 1955, No. 155, § 5; 1961, No. 418, § 1; 1963, No. 113, § 1; 1975, No. 928, § 24; A.S.A. 1947, § 82-1020.
Ark. Code Ann. § 20-64-501 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-501
Applicability
Status: in_force

Nothing in this subchapter shall apply to the sale of chemicals or poisons for use for nonmedical purposes, or for uses as insecticides or biologics or medicine used for the cure, mitigation, or prevention of disease of animals or fowl, and uses for agricultural use which comply with the requirements of the Federal Food, Drug, and Cosmetic Act and all amendments thereto unless those products are prescription drugs under this subchapter. Acts 1969, No. 173, § 5; A.S.A. 1947, § 82-2117; Acts 1991, No. 739, § 1.

Nothing in this subchapter shall apply to the sale of chemicals or poisons for use for nonmedical purposes, or for uses as insecticides or biologics or medicine used for the cure, mitigation, or prevention of disease of animals or fowl, and uses for agricultural use which comply with the requirements of the Federal Food, Drug, and Cosmetic Act and all amendments thereto unless those products are prescription drugs under this subchapter.

Acts 1969, No. 173, § 5; A.S.A. 1947, § 82-2117; Acts 1991, No. 739, § 1.
Ark. Code Ann. § 20-56-221 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-221
State Board of Health - Publication and dissemination of information
Status: in_force

(a) The State Board of Health may cause reports to be published summarizing all judgments, decrees, and court orders which have been rendered under this subchapter, including the nature of the charge and the disposition thereof. (b) The board may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the board deems necessary in the interest of the public health and the protection of the consumer against fraud. (c) Nothing in this section shall be construed to prohibit the board from collecting, reporting, and illustrating the results of the investigations of the board. Acts 1953, No. 415, § 21; A.S.A. 1947, § 82-1121.

(a) The State Board of Health may cause reports to be published summarizing all judgments, decrees, and court orders which have been rendered under this subchapter, including the nature of the charge and the disposition thereof.

(b) The board may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the board deems necessary in the interest of the public health and the protection of the consumer against fraud.

(c) Nothing in this section shall be construed to prohibit the board from collecting, reporting, and illustrating the results of the investigations of the board.

Acts 1953, No. 415, § 21; A.S.A. 1947, § 82-1121.
Ark. Code Ann. § 20-6-201 — AR Code / Title 20 / Chapter 6 / Subchapter 2 / Section 20-6-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Patient Right-to-Know Act". Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.

This subchapter shall be known and may be cited as the "Patient Right-to-Know Act".

Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Ark. Code Ann. § 20-27-2103 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2103
Definitions
Status: in_force

As used in this subchapter: (1) "Cigarette" means: (A) A roll of tobacco wrapped in paper or in a substance not containing tobacco; or (B) A roll of tobacco wrapped in a substance containing tobacco that because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette as defined in subdivision (1)(A) of this section; (2) "Manufacturer" means: (A) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or (B) An entity that is a successor of an entity defined in subdivision (2)(A) of this section; (3) (A) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. (B) A "quality control and quality assurance program" ensures that the testing repeatability remains within the required repeatability values stated in § 20-27-2104(b)(6) for all test trials used to certify cigarettes under this subchapter; (4) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time; (5) "Retailer" means a person who purchases tobacco products from a licensed wholesaler for the purpose of selling them over the counter at retail to consumers; (6) (A) "Sale" means a transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement for sale. (B) "Sale" includes the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money; (7) "Sell" means to sell or to offer to do the same; and (8) "Wholesaler" means a person who is not a manufacturer or owned or operated by a manufacturer that does business in this state at or from an established place of business that purchases unstamped or untaxed cigarettes or other tobacco products directly from manufacturers that distribute tobacco products in Arkansas and that sells to properly licensed cigarette vendors or retailers. Acts 2009, No. 697, § 2.

As used in this subchapter:

(1) "Cigarette" means: (A) A roll of tobacco wrapped in paper or in a substance not containing tobacco; or (B) A roll of tobacco wrapped in a substance containing tobacco that because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette as defined in subdivision (1)(A) of this section;

(A) A roll of tobacco wrapped in paper or in a substance not containing tobacco; or

(B) A roll of tobacco wrapped in a substance containing tobacco that because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette as defined in subdivision (1)(A) of this section;

(2) "Manufacturer" means: (A) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or (B) An entity that is a successor of an entity defined in subdivision (2)(A) of this section;

(A) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or

(B) An entity that is a successor of an entity defined in subdivision (2)(A) of this section;

(3) (A) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. (B) A "quality control and quality assurance program" ensures that the testing repeatability remains within the required repeatability values stated in § 20-27-2104(b)(6) for all test trials used to certify cigarettes under this subchapter;

(A) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing.

(B) A "quality control and quality assurance program" ensures that the testing repeatability remains within the required repeatability values stated in § 20-27-2104(b)(6) for all test trials used to certify cigarettes under this subchapter;

(4) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time;

(5) "Retailer" means a person who purchases tobacco products from a licensed wholesaler for the purpose of selling them over the counter at retail to consumers;

(6) (A) "Sale" means a transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement for sale. (B) "Sale" includes the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money;

(A) "Sale" means a transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement for sale.

(B) "Sale" includes the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money;

(7) "Sell" means to sell or to offer to do the same; and

(8) "Wholesaler" means a person who is not a manufacturer or owned or operated by a manufacturer that does business in this state at or from an established place of business that purchases unstamped or untaxed cigarettes or other tobacco products directly from manufacturers that distribute tobacco products in Arkansas and that sells to properly licensed cigarette vendors or retailers.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-7-131 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-131
Local control of county or city units of Department of Health
Status: in_force

(a) The mayor or county judge of any city or county that is providing facilities for a local unit of the Department of Health shall be consulted before the hiring of or the removal of the administrator of the local unit. (b) Notwithstanding the Freedom of Information Act of 1967, § 25-19-101 et seq., the department with the consent of the employee may share personnel information with a mayor or county judge. (c) Furthermore, any employee removed as administrator of a local unit shall be allowed to participate in the state grievance process. Acts 2003, No. 657, § 1.

(a) The mayor or county judge of any city or county that is providing facilities for a local unit of the Department of Health shall be consulted before the hiring of or the removal of the administrator of the local unit.

(b) Notwithstanding the Freedom of Information Act of 1967, § 25-19-101 et seq., the department with the consent of the employee may share personnel information with a mayor or county judge.

(c) Furthermore, any employee removed as administrator of a local unit shall be allowed to participate in the state grievance process.

Acts 2003, No. 657, § 1.
Ark. Code Ann. § 20-3-112 — AR Code / Title 20 / Chapter 3 / Section 20-3-112
Limitation on liability
Status: in_force

Neither the Achieving a Better Life Experience Program, the Achieving a Better Life Experience Program Committee and each of its members, nor the state shall: (1) Insure any ABLE account or guarantee any rate of return or any interest rate on any contribution; (2) Be liable for any loss incurred by any person as a result of participating in the program under this chapter; or (3) Be deemed to be a guarantor of a positive return on a contribution under this chapter. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

Neither the Achieving a Better Life Experience Program, the Achieving a Better Life Experience Program Committee and each of its members, nor the state shall:

(1) Insure any ABLE account or guarantee any rate of return or any interest rate on any contribution;

(2) Be liable for any loss incurred by any person as a result of participating in the program under this chapter; or

(3) Be deemed to be a guarantor of a positive return on a contribution under this chapter.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-77-1101 — AR Code / Title 20 / Chapter 77 / Subchapter 11 / Section 20-77-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "ARKids First Program Act". Acts 1999, No. 849, § 1.

This subchapter shall be known and may be cited as the "ARKids First Program Act".

Acts 1999, No. 849, § 1.
Ark. Code Ann. § 20-79-210 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-210
Receipt and disbursement of rehabilitation funds
Status: in_force

(a) The Treasurer of State is designated as custodian of all moneys received from the United States Government for the purpose of carrying out any federal statutes pertaining to the purpose of this subchapter. (b) The Treasurer of State shall make disbursements from the federal funds and all state funds available for such purposes upon certification in the manner provided in § 20-79-204 . (c) All federal grants received in adjustment of the federal-state account may be expended during the year received or in any succeeding year. Acts 1955, No. 43, § 9; A.S.A. 1947, § 80-2548.

(a) The Treasurer of State is designated as custodian of all moneys received from the United States Government for the purpose of carrying out any federal statutes pertaining to the purpose of this subchapter.

(b) The Treasurer of State shall make disbursements from the federal funds and all state funds available for such purposes upon certification in the manner provided in § 20-79-204 .

(c) All federal grants received in adjustment of the federal-state account may be expended during the year received or in any succeeding year.

Acts 1955, No. 43, § 9; A.S.A. 1947, § 80-2548.
Ark. Code Ann. § 20-15-1907 — AR Code / Title 20 / Chapter 15 / Subchapter 19 / Section 20-15-1907
[Repealed]
Status: repealed

Repealed by Act 2019, No. 655,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017. Acts 2009, No. 1374, § 1.

Repealed by Act 2019, No. 655,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017.

Acts 2009, No. 1374, § 1.
Ark. Code Ann. § 20-32-103 — AR Code / Title 20 / Chapter 32 / Section 20-32-103
Penalties
Status: in_force

(a) Any person who violates any provision of this chapter shall be guilty of a felony. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year, or a fine of not more than twenty-five thousand dollars ($25,000), or both. (b) In addition, any person who violates any provision of this chapter may be subject to a civil penalty by the State Board of Health. The penalty shall not exceed ten thousand dollars ($10,000) for each violation. Acts 1992 (1st Ex. Sess.), No. 41, § 5.

(a) Any person who violates any provision of this chapter shall be guilty of a felony. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year, or a fine of not more than twenty-five thousand dollars ($25,000), or both.

(b) In addition, any person who violates any provision of this chapter may be subject to a civil penalty by the State Board of Health. The penalty shall not exceed ten thousand dollars ($10,000) for each violation.

Acts 1992 (1st Ex. Sess.), No. 41, § 5.
Ark. Code Ann. § 20-77-108 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-108
Furnishing of annual audit by nonprofit Medicaid providers
Status: in_force

(a) Every nonprofit corporation, except those licensed under § 20-9-201 et seq., which is eligible to receive payments of twenty-five thousand dollars ($25,000) or more for services supplied as a Medicaid provider shall, as a condition of enrollment, provide the Department of Human Services with an annual financial and compliance audit. The audit shall cover the entire operations of the nonprofit organization and be in accordance with the "Guidelines for Financial and Compliance Audits of Programs Funded by the Arkansas Department of Human Services" as promulgated by the department. (b) Every nonprofit corporation licensed under § 20-9-201 et seq. which is eligible to receive payments of twenty-five thousand dollars ($25,000) or more for services supplied as a Medicaid provider shall, as a condition of enrollment, provide the department with an annual financial audit. The audit shall cover the entire operations of the organization and be in accordance with the Guidelines for Financial and Compliance Audits of Programs Funded by the Arkansas Department of Human Services. (c) The department is specifically authorized to promulgate rules establishing subrecipient and provider audit requirements for all programs funded through the department. Amended by Act 2019, No. 315,§ 2262, eff. 7/24/2019. Acts 1989, No. 942, § 1; 1991, No. 1147, § 1.

(a) Every nonprofit corporation, except those licensed under § 20-9-201 et seq., which is eligible to receive payments of twenty-five thousand dollars ($25,000) or more for services supplied as a Medicaid provider shall, as a condition of enrollment, provide the Department of Human Services with an annual financial and compliance audit. The audit shall cover the entire operations of the nonprofit organization and be in accordance with the "Guidelines for Financial and Compliance Audits of Programs Funded by the Arkansas Department of Human Services" as promulgated by the department.

(b) Every nonprofit corporation licensed under § 20-9-201 et seq. which is eligible to receive payments of twenty-five thousand dollars ($25,000) or more for services supplied as a Medicaid provider shall, as a condition of enrollment, provide the department with an annual financial audit. The audit shall cover the entire operations of the organization and be in accordance with the Guidelines for Financial and Compliance Audits of Programs Funded by the Arkansas Department of Human Services.

(c) The department is specifically authorized to promulgate rules establishing subrecipient and provider audit requirements for all programs funded through the department.

Amended by Act 2019, No. 315,§ 2262, eff. 7/24/2019.

Acts 1989, No. 942, § 1; 1991, No. 1147, § 1.
Ark. Code Ann. § 20-13-1704 — AR Code / Title 20 / Chapter 13 / Subchapter 17 / Section 20-13-1704
Immunity for seeking medical assistance
Status: in_force

(a) A person shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of § 5-64-419 if the evidence for the arrest, charge, or prosecution of the possession of a controlled substance in violation of § 5-64-419 resulted solely from seeking medical assistance if: (1) The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or (2) The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself. (b) A person shall not be subject to penalties for a violation of a permanent or temporary protective order or restraining order or sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole or post-release supervision based on the possession of a controlled substance in violation of § 5-64-419 if the penalties or sanctions are related to the seeking of medical assistance. Amended by Act 2023, No. 659,§ 242, eff. 1/1/2024. Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.

(a) A person shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of § 5-64-419 if the evidence for the arrest, charge, or prosecution of the possession of a controlled substance in violation of § 5-64-419 resulted solely from seeking medical assistance if: (1) The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or (2) The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.

(1) The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or

(2) The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself.

(b) A person shall not be subject to penalties for a violation of a permanent or temporary protective order or restraining order or sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole or post-release supervision based on the possession of a controlled substance in violation of § 5-64-419 if the penalties or sanctions are related to the seeking of medical assistance.

Amended by Act 2023, No. 659,§ 242, eff. 1/1/2024.

Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-21-307 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-307
License or registration required
Status: in_force

It shall be unlawful for any person to use, manufacture, distribute, install, repair, acquire, own, or possess an electronic product except in conformance with rules for licensing or registration for that product, if any, promulgated in accordance with this subchapter. Amended by Act 2019, No. 315,§ 2031, eff. 7/24/2019. Acts 1969, No. 460, § 11; A.S.A. 1947, § 82-1538.

It shall be unlawful for any person to use, manufacture, distribute, install, repair, acquire, own, or possess an electronic product except in conformance with rules for licensing or registration for that product, if any, promulgated in accordance with this subchapter.

Amended by Act 2019, No. 315,§ 2031, eff. 7/24/2019.

Acts 1969, No. 460, § 11; A.S.A. 1947, § 82-1538.
Ark. Code Ann. § 20-56-304 — AR Code / Title 20 / Chapter 56 / Subchapter 3 / Section 20-56-304
Child-proof packaging - Definition
Status: in_force

(a) As used in this section, "child-proof packaging" means packaging that cannot be opened by a child or that prevents ready access to a toxic or harmful amount of the product, and that meets the testing requirements in accordance with the method described in 16 C.F.R. § 1700.20 , as existing on January 1, 2017. (b) A dispensary or cultivation facility shall ensure that all usable marijuana under Arkansas Constitution, Amendment 98, or products containing usable marijuana be packaged or provided in child-proof packaging. (c) A qualifying patient or designated caregiver under Arkansas Constitution, Amendment 98, shall keep all usable marijuana, including without limitation food or drink infused with usable marijuana, in child-proof packaging. Added by Act 2017, No. 1023,§ 1, eff. 8/1/2017.

(a) As used in this section, "child-proof packaging" means packaging that cannot be opened by a child or that prevents ready access to a toxic or harmful amount of the product, and that meets the testing requirements in accordance with the method described in 16 C.F.R. § 1700.20 , as existing on January 1, 2017.

(b) A dispensary or cultivation facility shall ensure that all usable marijuana under Arkansas Constitution, Amendment 98, or products containing usable marijuana be packaged or provided in child-proof packaging.

(c) A qualifying patient or designated caregiver under Arkansas Constitution, Amendment 98, shall keep all usable marijuana, including without limitation food or drink infused with usable marijuana, in child-proof packaging.

Added by Act 2017, No. 1023,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-6-111 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-111
Liability
Status: in_force

(a) A healthcare provider or healthcare institution acting in good faith and in accordance with generally accepted healthcare standards applicable to the healthcare provider or healthcare institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for: (1) Complying with a healthcare decision of a person apparently having authority to make a healthcare decision for a principal, including a decision to withhold or withdraw health care; (2) Declining to comply with a healthcare decision of a person based on a reasonable belief that the person then lacked authority; or (3) Complying with an advance directive that, to the knowledge of the healthcare provider or healthcare institution, was valid when made and has not been revoked or terminated. (b) An individual acting as agent or surrogate under this subchapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for healthcare decisions made in good faith. (c) A person who designates a surrogate under this subchapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for a designation made in good faith. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) A healthcare provider or healthcare institution acting in good faith and in accordance with generally accepted healthcare standards applicable to the healthcare provider or healthcare institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for: (1) Complying with a healthcare decision of a person apparently having authority to make a healthcare decision for a principal, including a decision to withhold or withdraw health care; (2) Declining to comply with a healthcare decision of a person based on a reasonable belief that the person then lacked authority; or (3) Complying with an advance directive that, to the knowledge of the healthcare provider or healthcare institution, was valid when made and has not been revoked or terminated.

(1) Complying with a healthcare decision of a person apparently having authority to make a healthcare decision for a principal, including a decision to withhold or withdraw health care;

(2) Declining to comply with a healthcare decision of a person based on a reasonable belief that the person then lacked authority; or

(3) Complying with an advance directive that, to the knowledge of the healthcare provider or healthcare institution, was valid when made and has not been revoked or terminated.

(b) An individual acting as agent or surrogate under this subchapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for healthcare decisions made in good faith.

(c) A person who designates a surrogate under this subchapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for a designation made in good faith.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-76-421 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-421
Aged and blind persons generally
Status: in_force

(a) The appropriate division of the Department of Human Services is authorized to provide assistance grants to needy aged persons, as authorized in § 20-76-424 [repealed], and assistance grants to needy blind persons, as authorized in § 20-76-419 , of up to one hundred twenty-five dollars ($125) per month in keeping with the federal Social Security Act, and as state funds therefor are available. (b) It is the intent of this section to be cumulative to the public welfare laws of this state. Acts 1967, No. 19, §§ 1, 2; A.S.A. 1947, §§ 83-128.3, 83-128.3n.

(a) The appropriate division of the Department of Human Services is authorized to provide assistance grants to needy aged persons, as authorized in § 20-76-424 [repealed], and assistance grants to needy blind persons, as authorized in § 20-76-419 , of up to one hundred twenty-five dollars ($125) per month in keeping with the federal Social Security Act, and as state funds therefor are available.

(b) It is the intent of this section to be cumulative to the public welfare laws of this state.

Acts 1967, No. 19, §§ 1, 2; A.S.A. 1947, §§ 83-128.3, 83-128.3n.
Ark. Code Ann. § 20-17-706 — AR Code / Title 20 / Chapter 17 / Subchapter 7 / Section 20-17-706
Cost of embalming and transportation
Status: in_force

(a) If a medical school is offered an unclaimed body and determines that there is a need for the unclaimed body, that the unclaimed body is suitable for anatomical science or study, and that the unclaimed body has not been embalmed, then the medical school, at its expense, shall immediately arrange for proper embalmment of the unclaimed body by a licensed embalmer, either with the person having possession, charge, or control of the unclaimed body if the person is a licensed embalmer or licensed funeral director or with any other licensed embalmer or licensed funeral director. (b) If the body has been embalmed before the claim of the medical school, as is customary, or the body is embalmed by its direction according to the provisions of this subchapter, the medical school shall pay twenty-five dollars ($25.00) as a reimbursement of embalming expenses and shall assume costs for transportation of the body when shipment is at its direction. (c) Should the body be embalmed before legal claim, any person or organization asserting legal claim to the body within forty-eight (48) hours after death as provided in this subchapter shall assume responsibility for at least twenty-five dollars ($25.00) of the cost thereof, together with reasonable costs for transportation of the body which may have been incurred. (d) If the deceased had provided for the use of his or her body for medical science under the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq., and provided funds in his or her estate for burial, the medical school shall be free of all claims for the expenses as ordinarily provided under subsections (a)-(c) of this section. Amended by Act 2019, No. 954,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017. Amended by Act 2013, No. 1132,§ 17, eff. 8/16/2013. Acts 1959, No. 22, §§ 3, 14; A.S.A. 1947, §§ 82-405.1, 82-405.6; Acts 1993, No. 403, § 13.

(a) If a medical school is offered an unclaimed body and determines that there is a need for the unclaimed body, that the unclaimed body is suitable for anatomical science or study, and that the unclaimed body has not been embalmed, then the medical school, at its expense, shall immediately arrange for proper embalmment of the unclaimed body by a licensed embalmer, either with the person having possession, charge, or control of the unclaimed body if the person is a licensed embalmer or licensed funeral director or with any other licensed embalmer or licensed funeral director.

(b) If the body has been embalmed before the claim of the medical school, as is customary, or the body is embalmed by its direction according to the provisions of this subchapter, the medical school shall pay twenty-five dollars ($25.00) as a reimbursement of embalming expenses and shall assume costs for transportation of the body when shipment is at its direction.

(c) Should the body be embalmed before legal claim, any person or organization asserting legal claim to the body within forty-eight (48) hours after death as provided in this subchapter shall assume responsibility for at least twenty-five dollars ($25.00) of the cost thereof, together with reasonable costs for transportation of the body which may have been incurred.

(d) If the deceased had provided for the use of his or her body for medical science under the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq., and provided funds in his or her estate for burial, the medical school shall be free of all claims for the expenses as ordinarily provided under subsections (a)-(c) of this section.

Amended by Act 2019, No. 954,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.

Amended by Act 2013, No. 1132,§ 17, eff. 8/16/2013.

Acts 1959, No. 22, §§ 3, 14; A.S.A. 1947, §§ 82-405.1, 82-405.6; Acts 1993, No. 403, § 13.
Ark. Code Ann. § 20-16-211 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-211
Funding and implementation
Status: in_force

(a) The Arkansas Reproductive Health Monitoring System shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter. (b) Arkansas Children's Hospital is not required to implement this system unless sufficient funds are available as determined by the Medical Director of Arkansas Children's Hospital. (c) The system may be implemented in stages or phases. Acts 1985, No. 214, § 13; A.S.A. 1947, § 82-4620.

(a) The Arkansas Reproductive Health Monitoring System shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter.

(b) Arkansas Children's Hospital is not required to implement this system unless sufficient funds are available as determined by the Medical Director of Arkansas Children's Hospital.

(c) The system may be implemented in stages or phases.

Acts 1985, No. 214, § 13; A.S.A. 1947, § 82-4620.
Ark. Code Ann. § 20-50-104 — AR Code / Title 20 / Chapter 50 / Section 20-50-104
Payments
Status: in_force

The compact administrator, subject to the approval of the Chief Fiscal Officer of the State, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder. Acts 1971, No. 433, ch. 9, § 4; A.S.A. 1947, § 59-804.

The compact administrator, subject to the approval of the Chief Fiscal Officer of the State, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

Acts 1971, No. 433, ch. 9, § 4; A.S.A. 1947, § 59-804.
Ark. Code Ann. § 20-64-214 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-214
Narcotic drugs to be delivered to state official, etc
Status: in_force

Upon delivery to the Secretary of the Department of Health of any narcotic drugs discarded by the owner thereof or other person entitled to the possession or custody thereof, and upon the Secretary of the Department of Health delivering to such person an itemized receipt therefor, the Secretary of the Department of Health is empowered to destroy such narcotic drugs; provided, that the Secretary of the Department of Health shall keep for a period of three (3) years from the date of destruction a record of such transaction, showing the name and address of the person delivering the narcotic drugs, an itemized description thereof, the date and place of delivery, and the date of destruction. All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows: (a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath, reporting said destruction, shall be made to the court or magistrate and to the United States Administrator of Drug Enforcement by the officer who destroys them; (b) Upon written application by the Secretary of the Department of Health, the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them except heroin and its salts and derivatives, to said Secretary of the Department of Health, for distribution or destruction, as hereinafter provided; (c) Upon application by any hospital within this state not operated for private gain, the Secretary of the Department of Health may in his or her discretion deliver any narcotic drugs that have come into his custody by authority of this section to the applicant for medicinal use. The Secretary of the Department of Health may from time to time deliver excess stocks of such narcotic drugs to the United States Administrator of Drug Enforcement or may destroy the same; (d) The Secretary of the Department of Health shall keep a full and complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal and state officers charged with the enforcement of federal and state narcotic laws. Amended by Act 2019, No. 910,§ 5096, eff. 7/1/2019. Acts 1937, No. 344, § 14; Pope's Dig., § 10139; Acts 1961, No. 416, § 1; A.S.A. 1947, § 82-1014.

Upon delivery to the Secretary of the Department of Health of any narcotic drugs discarded by the owner thereof or other person entitled to the possession or custody thereof, and upon the Secretary of the Department of Health delivering to such person an itemized receipt therefor, the Secretary of the Department of Health is empowered to destroy such narcotic drugs; provided, that the Secretary of the Department of Health shall keep for a period of three (3) years from the date of destruction a record of such transaction, showing the name and address of the person delivering the narcotic drugs, an itemized description thereof, the date and place of delivery, and the date of destruction.

All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows:

(a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath, reporting said destruction, shall be made to the court or magistrate and to the United States Administrator of Drug Enforcement by the officer who destroys them;

(b) Upon written application by the Secretary of the Department of Health, the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them except heroin and its salts and derivatives, to said Secretary of the Department of Health, for distribution or destruction, as hereinafter provided;

(c) Upon application by any hospital within this state not operated for private gain, the Secretary of the Department of Health may in his or her discretion deliver any narcotic drugs that have come into his custody by authority of this section to the applicant for medicinal use. The Secretary of the Department of Health may from time to time deliver excess stocks of such narcotic drugs to the United States Administrator of Drug Enforcement or may destroy the same;

(d) The Secretary of the Department of Health shall keep a full and complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal and state officers charged with the enforcement of federal and state narcotic laws.

Amended by Act 2019, No. 910,§ 5096, eff. 7/1/2019.

Acts 1937, No. 344, § 14; Pope's Dig., § 10139; Acts 1961, No. 416, § 1; A.S.A. 1947, § 82-1014.
Ark. Code Ann. § 20-10-2205 — AR Code / Title 20 / Chapter 10 / Subchapter 22 / Section 20-10-2205
Duty to advise quality assurance committees
Status: in_force

Upon a request of a quality assurance committee reviewing care provided in a long-term care facility, a physician, administrator, nurse, certified nurse's aide, nurse's aide-in-training, or other individual engaged in work in or about the long-term care facility and having information or knowledge relating to the care provided in the long-term care facility shall advise the quality assurance committee concerning all the relevant facts or information possessed by the individual concerning the quality of care provided in the long-term care facility. Acts 2009, No. 198, § 1.

Upon a request of a quality assurance committee reviewing care provided in a long-term care facility, a physician, administrator, nurse, certified nurse's aide, nurse's aide-in-training, or other individual engaged in work in or about the long-term care facility and having information or knowledge relating to the care provided in the long-term care facility shall advise the quality assurance committee concerning all the relevant facts or information possessed by the individual concerning the quality of care provided in the long-term care facility.

Acts 2009, No. 198, § 1.
Ark. Code Ann. § 20-77-2701 — AR Code / Title 20 / Chapter 77 / Subchapter 27 / Section 20-77-2701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Medicaid Provider-Led Organized Care Act". Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.

This subchapter shall be known and may be cited as the "Medicaid Provider-Led Organized Care Act".

Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Ark. Code Ann. § 20-59-223 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-223
Unlawful acts - Handling in insanitary places
Status: in_force

It shall be unlawful to handle milk, cream, butter, frozen desserts, or other dairy products in unclean or insanitary places, or in any insanitary manner, or to keep, store, or prepare for market any cream, milk, or other dairy products in the same enclosure with any hide or fur house, or any cow, horse, or hog barns or sheds, or other places where livestock or poultry are kept, housed, or handled, or in rooms or buildings used as gasoline or oil filling stations, except as the sealed final product. Cream or milk receiving and buying stations located in connection with produce houses where poultry or fur and hides, rabbits, etc., are purchased or in connection with restaurants or living quarters shall be separated by a solid wall such as plaster, brick, or tongue and groove or other tight lumber. Self-closing solid connecting doors may be used between cream rooms and other rooms provided that cream rooms are adequately ventilated. Inside walls and ceilings of cream stations shall be painted annually with light-colored waterproof paint. Where water systems are available, running water shall be provided for cleaning purposes. Cream rooms must be used exclusively for the handling of dairy products. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to handle milk, cream, butter, frozen desserts, or other dairy products in unclean or insanitary places, or in any insanitary manner, or to keep, store, or prepare for market any cream, milk, or other dairy products in the same enclosure with any hide or fur house, or any cow, horse, or hog barns or sheds, or other places where livestock or poultry are kept, housed, or handled, or in rooms or buildings used as gasoline or oil filling stations, except as the sealed final product. Cream or milk receiving and buying stations located in connection with produce houses where poultry or fur and hides, rabbits, etc., are purchased or in connection with restaurants or living quarters shall be separated by a solid wall such as plaster, brick, or tongue and groove or other tight lumber. Self-closing solid connecting doors may be used between cream rooms and other rooms provided that cream rooms are adequately ventilated. Inside walls and ceilings of cream stations shall be painted annually with light-colored waterproof paint. Where water systems are available, running water shall be provided for cleaning purposes. Cream rooms must be used exclusively for the handling of dairy products.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-15-709 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-709
Discharge
Status: in_force

(a) The superintendent of the institution to which a person has been committed under this subchapter may discharge the person so committed upon signing and placing among the records of the institution a statement that the person has obeyed the rules and regulations of the institution and that for the reasons set forth in the statement, in his or her judgment the person may be discharged without danger to the health and life of others. (b) The superintendent of the institution shall report each discharge with a full statement of reasons therefor at once to the Secretary of the Department of Health, to the county health officer of the county where the person was committed, and to the clerk of the court from which the person was committed. Amended by Act 2019, No. 910,§ 5003, eff. 7/1/2019. Acts 1955, No. 161, §§ 12, 13; A.S.A. 1947, §§ 82-622, 82-623.

(a) The superintendent of the institution to which a person has been committed under this subchapter may discharge the person so committed upon signing and placing among the records of the institution a statement that the person has obeyed the rules and regulations of the institution and that for the reasons set forth in the statement, in his or her judgment the person may be discharged without danger to the health and life of others.

(b) The superintendent of the institution shall report each discharge with a full statement of reasons therefor at once to the Secretary of the Department of Health, to the county health officer of the county where the person was committed, and to the clerk of the court from which the person was committed.

Amended by Act 2019, No. 910,§ 5003, eff. 7/1/2019.

Acts 1955, No. 161, §§ 12, 13; A.S.A. 1947, §§ 82-622, 82-623.
Ark. Code Ann. § 20-15-401 — AR Code / Title 20 / Chapter 15 / Subchapter 4 / Section 20-15-401
Duty of physician to report
Status: in_force

(a) Every physician practicing medicine in the State of Arkansas shall report to the Department of Health any case or suspected case of Reye's syndrome disease which he or she is attending, or has examined, or for which the physician has prescribed. (b) The report shall be made as promptly as possible from the time the physician first visits, examines, or prescribes for the patient, and the report shall state the name, age, sex, race, usual residence, place where the patient is to be found, the nature of the disease, the date of onset, and any additional information that the Secretary of the Department of Health may require. (c) The department shall send a copy of the report to the federal Centers for Disease Control and Prevention together with additional information relating thereto as may be required by the Centers for Disease Control and Prevention. Amended by Act 2019, No. 910,§ 4998, eff. 7/1/2019. Acts 1981, No. 842, § 1; A.S.A. 1947, § 82-643.

(a) Every physician practicing medicine in the State of Arkansas shall report to the Department of Health any case or suspected case of Reye's syndrome disease which he or she is attending, or has examined, or for which the physician has prescribed.

(b) The report shall be made as promptly as possible from the time the physician first visits, examines, or prescribes for the patient, and the report shall state the name, age, sex, race, usual residence, place where the patient is to be found, the nature of the disease, the date of onset, and any additional information that the Secretary of the Department of Health may require.

(c) The department shall send a copy of the report to the federal Centers for Disease Control and Prevention together with additional information relating thereto as may be required by the Centers for Disease Control and Prevention.

Amended by Act 2019, No. 910,§ 4998, eff. 7/1/2019.

Acts 1981, No. 842, § 1; A.S.A. 1947, § 82-643.
Ark. Code Ann. § 20-13-601 — AR Code / Title 20 / Chapter 13 / Subchapter 6 / Section 20-13-601
Title
Status: in_force

This subchapter shall be known and cited as the "Nerve Agents Emergency Treatment Act". Acts 1991, No. 270, § 1.

This subchapter shall be known and cited as the "Nerve Agents Emergency Treatment Act".

Acts 1991, No. 270, § 1.
Ark. Code Ann. § 20-22-402 — AR Code / Title 20 / Chapter 22 / Subchapter 4 / Section 20-22-402
Maintenance of sensor devices
Status: in_force

The smoke or particle sensor devices required to be installed in nursing homes by this subchapter shall be maintained in working order by the respective long-term care facilities at all times. Acts 1979, No. 374, § 4; A.S.A. 1947, § 82-850.

The smoke or particle sensor devices required to be installed in nursing homes by this subchapter shall be maintained in working order by the respective long-term care facilities at all times.

Acts 1979, No. 374, § 4; A.S.A. 1947, § 82-850.
Ark. Code Ann. § 20-58-201 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-201
Title
Status: in_force

This subchapter shall be known and cited as the "Arkansas Egg Marketing Act of 1969". Acts 1969, No. 220, § 1; A.S.A. 1947, § 82-1301.

This subchapter shall be known and cited as the "Arkansas Egg Marketing Act of 1969".

Acts 1969, No. 220, § 1; A.S.A. 1947, § 82-1301.
Ark. Code Ann. § 20-48-1107 — AR Code / Title 20 / Chapter 48 / Subchapter 11 / Section 20-48-1107
Rules
Status: in_force

(a) The Division of Developmental Disabilities Services of the Department of Human Services may adopt rules to implement this subchapter. (b) The division shall work with stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, in the development of rules under this subchapter. Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.

(a) The Division of Developmental Disabilities Services of the Department of Human Services may adopt rules to implement this subchapter.

(b) The division shall work with stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, in the development of rules under this subchapter.

Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-17-910 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-910
Abandoned cemeteries on private property
Status: in_force

(a) If a petitioned abandoned cemetery is on private property with no access by the public, the property owner may grant permission to the county abandoned cemetery registration board to enter for maintenance by providing a written statement. (b) The statement shall be notarized and shall provide a conditional easement to the board for ingress and egress for the purpose of maintenance. (c) The easement shall be recorded at the county courthouse within sixty (60) days after signing. Acts 2005, No. 2001, § 2.

(a) If a petitioned abandoned cemetery is on private property with no access by the public, the property owner may grant permission to the county abandoned cemetery registration board to enter for maintenance by providing a written statement.

(b) The statement shall be notarized and shall provide a conditional easement to the board for ingress and egress for the purpose of maintenance.

(c) The easement shall be recorded at the county courthouse within sixty (60) days after signing.

Acts 2005, No. 2001, § 2.
Ark. Code Ann. § 20-47-213 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-213
Evaluation - When performed and by whom - Transportation to place of evaluation
Status: in_force

(a) If the person is transported to a hospital or receiving facility or program or to the office of a licensed physician of the State of Arkansas or of the United States Government, either salaried or self-employed, for purposes of initial evaluation and treatment, then the hospital or receiving facility or program or physician may detain the person for initial evaluation and treatment, provided: (1) The person is immediately advised of his or her rights as provided in § 20-47-211 ; (2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in § 20-47-207 ; and (3) A hearing pursuant to § 20-47-209(a)(1) is held within the specified time period. (b) (1) If a physician is not immediately available for the initial evaluation, the initial evaluation may be performed by an administrator's designee, working under medical supervision and direction. In such cases, a supervising physician shall be consulted by telephone before any decision is made concerning the initial evaluation and treatment. (2) Every person admitted to a hospital or a receiving facility or program under this provision shall be seen and evaluated personally by a physician within twenty-four (24) hours of detention. (c) In all cases, the evaluations required by the court for involuntary admission pursuant to § 20-47-214 shall be performed only by a physician licensed to practice in the State of Arkansas. (d) If it is determined at the initial hearing that the person should be evaluated to determine the need for mental health services on an involuntary basis, a law enforcement officer or family of the person, as the court shall direct, shall transport the person to the place of evaluation. (e) Nothing in this subchapter shall prevent the person so detained from being released sooner than the period specified in § 20-47-205 if, in the judgment of the treatment staff of the hospital or of the receiving facility or of the treating physician, the person does not require further mental health treatment. The court shall be immediately advised in writing of the release and shall dismiss the action. Acts 1989, No. 861, §§ 6, 7.

(a) If the person is transported to a hospital or receiving facility or program or to the office of a licensed physician of the State of Arkansas or of the United States Government, either salaried or self-employed, for purposes of initial evaluation and treatment, then the hospital or receiving facility or program or physician may detain the person for initial evaluation and treatment, provided: (1) The person is immediately advised of his or her rights as provided in § 20-47-211 ; (2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in § 20-47-207 ; and (3) A hearing pursuant to § 20-47-209(a)(1) is held within the specified time period.

(1) The person is immediately advised of his or her rights as provided in § 20-47-211 ;

(2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in § 20-47-207 ; and

(3) A hearing pursuant to § 20-47-209(a)(1) is held within the specified time period.

(b) (1) If a physician is not immediately available for the initial evaluation, the initial evaluation may be performed by an administrator's designee, working under medical supervision and direction. In such cases, a supervising physician shall be consulted by telephone before any decision is made concerning the initial evaluation and treatment. (2) Every person admitted to a hospital or a receiving facility or program under this provision shall be seen and evaluated personally by a physician within twenty-four (24) hours of detention.

(1) If a physician is not immediately available for the initial evaluation, the initial evaluation may be performed by an administrator's designee, working under medical supervision and direction. In such cases, a supervising physician shall be consulted by telephone before any decision is made concerning the initial evaluation and treatment.

(2) Every person admitted to a hospital or a receiving facility or program under this provision shall be seen and evaluated personally by a physician within twenty-four (24) hours of detention.

(c) In all cases, the evaluations required by the court for involuntary admission pursuant to § 20-47-214 shall be performed only by a physician licensed to practice in the State of Arkansas.

(d) If it is determined at the initial hearing that the person should be evaluated to determine the need for mental health services on an involuntary basis, a law enforcement officer or family of the person, as the court shall direct, shall transport the person to the place of evaluation.

(e) Nothing in this subchapter shall prevent the person so detained from being released sooner than the period specified in § 20-47-205 if, in the judgment of the treatment staff of the hospital or of the receiving facility or of the treating physician, the person does not require further mental health treatment. The court shall be immediately advised in writing of the release and shall dismiss the action.

Acts 1989, No. 861, §§ 6, 7.
Ark. Code Ann. § 20-83-102 — AR Code / Title 20 / Chapter 83 / Section 20-83-102
Purpose
Status: in_force

This subchapter is to establish the Arkansas Farmers' Market Nutrition Program as a state-supported and state-funded program eligible to receive additional support and funding from any federal, public, or private resource for the following purposes: (1) To provide nutritionally at-risk individuals and families nutrition education and fresh, locally grown fruits, nuts, and vegetables; and (2) To expand public awareness and stimulate individual use of farmers' markets to increase the purchase of locally grown foods, thereby reducing the negative environmental impact of food packaging and shipping while enhancing a beneficial economic and social climate in the community. Acts 1993, No. 1218, § 2.

This subchapter is to establish the Arkansas Farmers' Market Nutrition Program as a state-supported and state-funded program eligible to receive additional support and funding from any federal, public, or private resource for the following purposes:

(1) To provide nutritionally at-risk individuals and families nutrition education and fresh, locally grown fruits, nuts, and vegetables; and

(2) To expand public awareness and stimulate individual use of farmers' markets to increase the purchase of locally grown foods, thereby reducing the negative environmental impact of food packaging and shipping while enhancing a beneficial economic and social climate in the community.

Acts 1993, No. 1218, § 2.
Ark. Code Ann. § 20-78-225 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-225
Child safety alarm devices
Status: in_force

(a) All agencies or childcare facilities licensed by the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act, § 9-28-401 et seq., that transport children shall have approved child safety alarm devices installed on any vehicles designed or used to transport more than seven (7) passengers and one (1) driver. (b) (1) All such vehicles in active child transportation service before July 1, 2005, shall have a child safety alarm device installed by a qualified technician or mechanic no later than December 31, 2005. (2) On or after July 1, 2005, each newly acquired vehicle placed in child transportation service shall have a child safety alarm installed before placing the vehicle into service. (3) Any agencies or childcare facilities required to have approved child safety alarm devices installed in a vehicle shall ensure that the devices are maintained and are in proper working order any time that the vehicle is in use for transporting children. (c) The department shall: (1) Maintain a list of approved child safety alarm devices; and (2) Promulgate rules as necessary for the proper implementation of this section. (d) Contingent upon the availability of funding for this purpose, the department may provide reimbursement to agencies or childcare facilities required under this section to retrofit vehicles in service before July 1, 2005, but the requirement to have approved child safety alarm devices in vehicles as required under this section shall not be contingent on the availability of funding or upon an agency's or a childcare facility's eligibility for reimbursement. Acts 2005, No. 1979, § 3.

(a) All agencies or childcare facilities licensed by the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act, § 9-28-401 et seq., that transport children shall have approved child safety alarm devices installed on any vehicles designed or used to transport more than seven (7) passengers and one (1) driver.

(b) (1) All such vehicles in active child transportation service before July 1, 2005, shall have a child safety alarm device installed by a qualified technician or mechanic no later than December 31, 2005. (2) On or after July 1, 2005, each newly acquired vehicle placed in child transportation service shall have a child safety alarm installed before placing the vehicle into service. (3) Any agencies or childcare facilities required to have approved child safety alarm devices installed in a vehicle shall ensure that the devices are maintained and are in proper working order any time that the vehicle is in use for transporting children.

(1) All such vehicles in active child transportation service before July 1, 2005, shall have a child safety alarm device installed by a qualified technician or mechanic no later than December 31, 2005.

(2) On or after July 1, 2005, each newly acquired vehicle placed in child transportation service shall have a child safety alarm installed before placing the vehicle into service.

(3) Any agencies or childcare facilities required to have approved child safety alarm devices installed in a vehicle shall ensure that the devices are maintained and are in proper working order any time that the vehicle is in use for transporting children.

(c) The department shall: (1) Maintain a list of approved child safety alarm devices; and (2) Promulgate rules as necessary for the proper implementation of this section.

(1) Maintain a list of approved child safety alarm devices; and

(2) Promulgate rules as necessary for the proper implementation of this section.

(d) Contingent upon the availability of funding for this purpose, the department may provide reimbursement to agencies or childcare facilities required under this section to retrofit vehicles in service before July 1, 2005, but the requirement to have approved child safety alarm devices in vehicles as required under this section shall not be contingent on the availability of funding or upon an agency's or a childcare facility's eligibility for reimbursement.

Acts 2005, No. 1979, § 3.
Ark. Code Ann. § 20-21-309 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-309
Records
Status: in_force

(a) Each person who manufactures, distributes, installs, repairs, or uses electronic products shall establish and maintain such records, make such reports, and provide such information as the State Electronic Product Control Agency may by rule reasonably require to enable the agency to determine the compliance of the person with this subchapter. (b) Any report or information concerning trade secrets or secret industrial processes obtained under this subchapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the agency. Amended by Act 2019, No. 315,§ 2034, eff. 7/24/2019. Acts 1969, No. 460, § 7; A.S.A. 1947, § 82-1534.

(a) Each person who manufactures, distributes, installs, repairs, or uses electronic products shall establish and maintain such records, make such reports, and provide such information as the State Electronic Product Control Agency may by rule reasonably require to enable the agency to determine the compliance of the person with this subchapter.

(b) Any report or information concerning trade secrets or secret industrial processes obtained under this subchapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the agency.

Amended by Act 2019, No. 315,§ 2034, eff. 7/24/2019.

Acts 1969, No. 460, § 7; A.S.A. 1947, § 82-1534.
Ark. Code Ann. § 20-57-303 — AR Code / Title 20 / Chapter 57 / Subchapter 3 / Section 20-57-303
Applicability
Status: in_force

(a) The terms of this subchapter shall not apply to flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or mixtures of various portions of the wheat berry, the products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this subchapter. (b) The terms of this subchapter shall not apply to flour ground for the wheat producer whereby the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill may manufacture tollwheat into flour and sell or offer for sale the flour, whereupon this subchapter shall be applicable. (c) The provisions of this subchapter shall not apply to farmers exchanging their wheat for flour or having the wheat ground into flour and disposing of the wheat for their own use or for the use of farm labor on their farms. Acts 1945, No. 214, § 3; A.S.A. 1947, § 82-936.

(a) The terms of this subchapter shall not apply to flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or mixtures of various portions of the wheat berry, the products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this subchapter.

(b) The terms of this subchapter shall not apply to flour ground for the wheat producer whereby the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill may manufacture tollwheat into flour and sell or offer for sale the flour, whereupon this subchapter shall be applicable.

(c) The provisions of this subchapter shall not apply to farmers exchanging their wheat for flour or having the wheat ground into flour and disposing of the wheat for their own use or for the use of farm labor on their farms.

Acts 1945, No. 214, § 3; A.S.A. 1947, § 82-936.
Ark. Code Ann. § 20-77-1502 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1502
Definitions
Status: in_force

As used in this subchapter: (1) "Community-based" means based in, located in, or primarily relating to the community of geographically contiguous political subdivisions, as determined by the board of a community-based health cooperative, that will be or is served by the community-based healthcare access program initiated by the cooperative; (2) "Community-based healthcare access program" means a program administered by a community-based health cooperative whereby hospital, medical, health education, and other healthcare services may be furnished by or through provider members of a community-based health network, or combination of networks, to uninsured residents of that community who are members of the program; (3) "Community-based health cooperative" means a nonprofit corporation organized under the laws of this state that: (A) Undertakes to establish, maintain, and operate a community-based healthcare access program; and (B) Is governed by a board: (i) With at least eighty percent (80%) of its members residing in the community; and (ii) Including representatives of network providers; and (4) "Community-based health network" means a contract-based network organized by a community-based health cooperative to provide or support the delivery of healthcare services to members served by the community-based healthcare access program. Acts 2003, No. 660, § 2.

As used in this subchapter:

(1) "Community-based" means based in, located in, or primarily relating to the community of geographically contiguous political subdivisions, as determined by the board of a community-based health cooperative, that will be or is served by the community-based healthcare access program initiated by the cooperative;

(2) "Community-based healthcare access program" means a program administered by a community-based health cooperative whereby hospital, medical, health education, and other healthcare services may be furnished by or through provider members of a community-based health network, or combination of networks, to uninsured residents of that community who are members of the program;

(3) "Community-based health cooperative" means a nonprofit corporation organized under the laws of this state that: (A) Undertakes to establish, maintain, and operate a community-based healthcare access program; and (B) Is governed by a board: (i) With at least eighty percent (80%) of its members residing in the community; and (ii) Including representatives of network providers; and

(A) Undertakes to establish, maintain, and operate a community-based healthcare access program; and

(B) Is governed by a board: (i) With at least eighty percent (80%) of its members residing in the community; and (ii) Including representatives of network providers; and

(i) With at least eighty percent (80%) of its members residing in the community; and

(ii) Including representatives of network providers; and

(4) "Community-based health network" means a contract-based network organized by a community-based health cooperative to provide or support the delivery of healthcare services to members served by the community-based healthcare access program.

Acts 2003, No. 660, § 2.
Ark. Code Ann. § 20-77-2205 — AR Code / Title 20 / Chapter 77 / Subchapter 22 / Section 20-77-2205
[Repealed]
Status: repealed

Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 365,§ 68, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 2270, eff. 7/24/2019. Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.

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

Amended by Act 2023, No. 365,§ 68, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 2270, eff. 7/24/2019.

Added by Act 2013, No. 1266,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-14-807 — AR Code / Title 20 / Chapter 14 / Subchapter 8 / Section 20-14-807
Licenses
Status: in_force

(a) A licensed qualified interpreter shall meet criteria established under this subchapter for interpreters, including without limitation certification or credentialing by the: (1) Arkansas Rehabilitation Services Quality Assurance Screening Test; (2) Educational Interpreter Performance Assessment; (3) National Association of the Deaf; (4) National Cued Speech Association; (5) Registry of Interpreters for the Deaf, Inc.; or (6) Texas Board for Evaluation of Interpreters. (b) A licensed provisional interpreter license may be issued to a deaf interpreter who meets criteria established under this subchapter. (c) A license issued under this subchapter is valid for one (1) year. Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.

(a) A licensed qualified interpreter shall meet criteria established under this subchapter for interpreters, including without limitation certification or credentialing by the: (1) Arkansas Rehabilitation Services Quality Assurance Screening Test; (2) Educational Interpreter Performance Assessment; (3) National Association of the Deaf; (4) National Cued Speech Association; (5) Registry of Interpreters for the Deaf, Inc.; or (6) Texas Board for Evaluation of Interpreters.

(1) Arkansas Rehabilitation Services Quality Assurance Screening Test;

(2) Educational Interpreter Performance Assessment;

(3) National Association of the Deaf;

(4) National Cued Speech Association;

(5) Registry of Interpreters for the Deaf, Inc.; or

(6) Texas Board for Evaluation of Interpreters.

(b) A licensed provisional interpreter license may be issued to a deaf interpreter who meets criteria established under this subchapter.

(c) A license issued under this subchapter is valid for one (1) year.

Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-2-102 — AR Code / Title 20 / Chapter 2 / Section 20-2-102
Creation - Members
Status: in_force

(a) There is established the Arkansas Minority Health Commission to consist of twelve (12) members to be appointed as follows: (1) Six (6) members of the general public to be appointed by the Governor, with each of the four (4) congressional districts represented; (2) Three (3) members to be appointed by the President Pro Tempore of the Senate; and (3) Three (3) members to be appointed by the Speaker of the House of Representatives. (b) All persons appointed to the commission shall be persons who have actively participated in health issues for minorities or have special knowledge or experience with minority health issues. (c) The members shall serve staggered two-year terms. (d) (1) The commission shall meet at least quarterly and at such other times as necessary to carry out its duties under this chapter. (2) The commission shall elect one (1) of its members as chair and may provide by appropriate adoption of bylaws and rules for the time, place, and manner of calling its meetings. (e) Any state agency, state-supported hospital, or state medical school shall submit to the commission any information the commission requests that relates to health issues for minorities except for names, addresses, telephone numbers, or any other identifying information. Acts 1991, No. 912, §§ 2, 4, 5; 1997, No. 250, § 176; 2001, No. 1288, § 15; 2007, No. 827, § 144; 2009, No. 574, § 1.

(a) There is established the Arkansas Minority Health Commission to consist of twelve (12) members to be appointed as follows: (1) Six (6) members of the general public to be appointed by the Governor, with each of the four (4) congressional districts represented; (2) Three (3) members to be appointed by the President Pro Tempore of the Senate; and (3) Three (3) members to be appointed by the Speaker of the House of Representatives.

(1) Six (6) members of the general public to be appointed by the Governor, with each of the four (4) congressional districts represented;

(2) Three (3) members to be appointed by the President Pro Tempore of the Senate; and

(3) Three (3) members to be appointed by the Speaker of the House of Representatives.

(b) All persons appointed to the commission shall be persons who have actively participated in health issues for minorities or have special knowledge or experience with minority health issues.

(c) The members shall serve staggered two-year terms.

(d) (1) The commission shall meet at least quarterly and at such other times as necessary to carry out its duties under this chapter. (2) The commission shall elect one (1) of its members as chair and may provide by appropriate adoption of bylaws and rules for the time, place, and manner of calling its meetings.

(1) The commission shall meet at least quarterly and at such other times as necessary to carry out its duties under this chapter.

(2) The commission shall elect one (1) of its members as chair and may provide by appropriate adoption of bylaws and rules for the time, place, and manner of calling its meetings.

(e) Any state agency, state-supported hospital, or state medical school shall submit to the commission any information the commission requests that relates to health issues for minorities except for names, addresses, telephone numbers, or any other identifying information.

Acts 1991, No. 912, §§ 2, 4, 5; 1997, No. 250, § 176; 2001, No. 1288, § 15; 2007, No. 827, § 144; 2009, No. 574, § 1.
Ark. Code Ann. § 20-25-103 — AR Code / Title 20 / Chapter 25 / Section 20-25-103
No authority to operate or maintain manufactured home parks
Status: in_force

Nothing in this chapter shall be construed to give the Arkansas Manufactured Home Commission any authority with respect to the operation and maintenance of manufactured home parks in this state. Acts 1977, No. 419, § 14; 1981, No. 533, § 13; A.S.A. 1947, § 82-3027.

Nothing in this chapter shall be construed to give the Arkansas Manufactured Home Commission any authority with respect to the operation and maintenance of manufactured home parks in this state.

Acts 1977, No. 419, § 14; 1981, No. 533, § 13; A.S.A. 1947, § 82-3027.
Ark. Code Ann. § 20-86-113 — AR Code / Title 20 / Chapter 86 / Section 20-86-113
Reports - Recommendations
Status: in_force

(a) The Division of Workforce Services shall prepare a written report annually regarding the implementation of this act and shall make recommendations for improving the program. (b) The report shall be transmitted to the General Assembly on or before August 1 of each year. Amended by Act 2019, No. 910,§ 568, eff. 7/1/2019. Acts 1999, No. 1217, § 12; 2007, No. 252, § 5.

(a) The Division of Workforce Services shall prepare a written report annually regarding the implementation of this act and shall make recommendations for improving the program.

(b) The report shall be transmitted to the General Assembly on or before August 1 of each year.

Amended by Act 2019, No. 910,§ 568, eff. 7/1/2019.

Acts 1999, No. 1217, § 12; 2007, No. 252, § 5.
Ark. Code Ann. § 20-77-2807 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2807
Quarterly notice and collection
Status: in_force

(a) (1) The annual medical transportation provider assessment imposed under § 20-77-2803 shall be due and payable on a quarterly basis. (2) However, an installment payment of an assessment imposed by § 20-77-2803 shall not be due and payable until: (A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-2808(a) stating that the payment methodologies to medical transportation providers required under § 20-77-2809 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-2803 , if necessary, has been granted by the Centers for Medicare & Medicaid Services; (B) The thirty-day verification period required by § 20-77-2808(b) has expired; and (C) The division has made all quarterly installments of emergency medical transportation access payments that were otherwise due under § 20-77-2809 consistent with the effective date of the approved state plan amendment and waiver. (3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by § 20-77-2803 shall be due and payable within ten (10) business days after the medical transportation provider has received its emergency medical transportation access payments due under § 20-77-2809 for the applicable quarter. (b) (1) If a medical transportation provider fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment: (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (b)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts. (2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment. (3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit, and reasonable attorney's fees. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) (1) The annual medical transportation provider assessment imposed under § 20-77-2803 shall be due and payable on a quarterly basis. (2) However, an installment payment of an assessment imposed by § 20-77-2803 shall not be due and payable until: (A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-2808(a) stating that the payment methodologies to medical transportation providers required under § 20-77-2809 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-2803 , if necessary, has been granted by the Centers for Medicare & Medicaid Services; (B) The thirty-day verification period required by § 20-77-2808(b) has expired; and (C) The division has made all quarterly installments of emergency medical transportation access payments that were otherwise due under § 20-77-2809 consistent with the effective date of the approved state plan amendment and waiver. (3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by § 20-77-2803 shall be due and payable within ten (10) business days after the medical transportation provider has received its emergency medical transportation access payments due under § 20-77-2809 for the applicable quarter.

(1) The annual medical transportation provider assessment imposed under § 20-77-2803 shall be due and payable on a quarterly basis.

(2) However, an installment payment of an assessment imposed by § 20-77-2803 shall not be due and payable until: (A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-2808(a) stating that the payment methodologies to medical transportation providers required under § 20-77-2809 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-2803 , if necessary, has been granted by the Centers for Medicare & Medicaid Services; (B) The thirty-day verification period required by § 20-77-2808(b) has expired; and (C) The division has made all quarterly installments of emergency medical transportation access payments that were otherwise due under § 20-77-2809 consistent with the effective date of the approved state plan amendment and waiver.

(A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-2808(a) stating that the payment methodologies to medical transportation providers required under § 20-77-2809 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-2803 , if necessary, has been granted by the Centers for Medicare & Medicaid Services;

(B) The thirty-day verification period required by § 20-77-2808(b) has expired; and

(C) The division has made all quarterly installments of emergency medical transportation access payments that were otherwise due under § 20-77-2809 consistent with the effective date of the approved state plan amendment and waiver.

(3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by § 20-77-2803 shall be due and payable within ten (10) business days after the medical transportation provider has received its emergency medical transportation access payments due under § 20-77-2809 for the applicable quarter.

(b) (1) If a medical transportation provider fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment: (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (b)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts. (2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment. (3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit, and reasonable attorney's fees.

(1) If a medical transportation provider fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment: (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (b)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.

(A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and

(B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (b)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.

(2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.

(3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit, and reasonable attorney's fees.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-10-2103 — AR Code / Title 20 / Chapter 10 / Subchapter 21 / Section 20-10-2103
Arkansas Options Counseling for Long-Term Care Program - Creation - Administration
Status: in_force

(a) The Arkansas Options Counseling for Long-Term Care Program is created within the Department of Human Services. (b) The program shall provide individuals or their representatives, or both, with long-term care consultations that shall include information about, at a minimum: (1) Long-term care options and costs; (2) An assessment of an individual's functional capabilities; and (3) The conducting of all or part of a professional review, assessment, and determination of appropriate long-term care options. (c) The program shall be administered by the department. Acts 2007, No. 516, § 1.

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

(b) The program shall provide individuals or their representatives, or both, with long-term care consultations that shall include information about, at a minimum: (1) Long-term care options and costs; (2) An assessment of an individual's functional capabilities; and (3) The conducting of all or part of a professional review, assessment, and determination of appropriate long-term care options.

(1) Long-term care options and costs;

(2) An assessment of an individual's functional capabilities; and

(3) The conducting of all or part of a professional review, assessment, and determination of appropriate long-term care options.

(c) The program shall be administered by the department.

Acts 2007, No. 516, § 1.
Ark. Code Ann. § 20-15-2403 — AR Code / Title 20 / Chapter 15 / Subchapter 24 / Section 20-15-2403
Access to records
Status: in_force

(a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal and Perinatal Outcomes Quality Review Committee to all relevant medical records associated with a case under review by the committee. (b) A healthcare provider, healthcare facility, or pharmacy providing access to medical records as described in subsection (a) of this section is not liable for civil damages or subject to any criminal or disciplinary action for good faith efforts in providing such records. Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.

(a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal and Perinatal Outcomes Quality Review Committee to all relevant medical records associated with a case under review by the committee.

(b) A healthcare provider, healthcare facility, or pharmacy providing access to medical records as described in subsection (a) of this section is not liable for civil damages or subject to any criminal or disciplinary action for good faith efforts in providing such records.

Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-27-705 — AR Code / Title 20 / Chapter 27 / Subchapter 7 / Section 20-27-705
Definitions
Status: in_force

For purposes of § 20-27-704 , this section, and §§ 20-27-706 - 20-27-708 : (1) "Grounds" means the buildings in and on which medical facilities operate, together with all property owned by a medical facility that is contiguous to the buildings in which medical services are provided; (2) "Medical facilities" means hospitals, including both inpatient and outpatient services, as well as hospital-owned and operated ambulatory surgery centers, hospital-owned and operated free-standing medical clinics, and human development centers as defined in § 20-48-101 ; and (3) "Tobacco" means cigars, cigarettes, pipes, or other tobacco-smoking devices. Amended by Act 2013, No. 975,§ 1, eff. 8/16/2013. Acts 2005, No. 134, § 1.

For purposes of § 20-27-704 , this section, and §§ 20-27-706 - 20-27-708 :

(1) "Grounds" means the buildings in and on which medical facilities operate, together with all property owned by a medical facility that is contiguous to the buildings in which medical services are provided;

(2) "Medical facilities" means hospitals, including both inpatient and outpatient services, as well as hospital-owned and operated ambulatory surgery centers, hospital-owned and operated free-standing medical clinics, and human development centers as defined in § 20-48-101 ; and

(3) "Tobacco" means cigars, cigarettes, pipes, or other tobacco-smoking devices.

Amended by Act 2013, No. 975,§ 1, eff. 8/16/2013.

Acts 2005, No. 134, § 1.
Ark. Code Ann. § 20-47-229 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-229
Restraint of Arkansas State Hospital patient
Status: in_force

(a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance. (b) A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated. (c) The restraint shall be implemented in accordance with safe and appropriate restraint types and restraint techniques as determined by hospital policy. (d) The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm. (e) The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff. Acts 2007, No. 636, § 4; 2009, No. 952, § 8.

(a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance.

(b) A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated.

(c) The restraint shall be implemented in accordance with safe and appropriate restraint types and restraint techniques as determined by hospital policy.

(d) The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm.

(e) The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff.

Acts 2007, No. 636, § 4; 2009, No. 952, § 8.
Ark. Code Ann. § 20-49-102 — AR Code / Title 20 / Chapter 49 / Subchapter 1 / Section 20-49-102
Sterilization by consent not restricted
Status: in_force

Nothing contained in this chapter shall be construed to limit or restrict the right of a competent adult to consent to a sterilization procedure on himself or herself or to render liable any licensed hospital or its governing body or members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor any nurse or physician for the performance of a sterilization procedure upon a competent consenting adult. Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

Nothing contained in this chapter shall be construed to limit or restrict the right of a competent adult to consent to a sterilization procedure on himself or herself or to render liable any licensed hospital or its governing body or members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor any nurse or physician for the performance of a sterilization procedure upon a competent consenting adult.

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-77-2401 — AR Code / Title 20 / Chapter 77 / Subchapter 24 / Section 20-77-2401
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019. Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013. Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.

Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.

Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 20-64-502 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-502
Construction
Status: in_force

(a) This subchapter shall be construed to repeal only those provisions of the pharmacy laws of Arkansas in direct and specific conflict herewith. (b) The provisions of this subchapter shall otherwise be cumulative to the pharmacy laws of Arkansas. Acts 1969, No. 173, § 7.

(a) This subchapter shall be construed to repeal only those provisions of the pharmacy laws of Arkansas in direct and specific conflict herewith.

(b) The provisions of this subchapter shall otherwise be cumulative to the pharmacy laws of Arkansas.

Acts 1969, No. 173, § 7.
Ark. Code Ann. § 20-57-104 — AR Code / Title 20 / Chapter 57 / Subchapter 1 / Section 20-57-104
Food safety - Definition
Status: in_force

(a) Employees of food service establishments shall keep their hands and exposed portions of their arms clean in a manner approved by the Department of Health. (b) (1) Except when washing fruits and vegetables, employees of food service establishments shall avoid contact of exposed ready-to-eat food with their hands by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves, or they shall wash their hands and exposed portions of their arms utilizing a hand-washing program approved by the department. (2) Employees shall minimize bare-hand and bare-arm contact with exposed food that is not in a ready-to-eat form. (c) (1) Within thirty (30) days of August 13, 2001, the department shall initiate a full review of the current version of the United States Food and Drug Administration Food Code. (2) The department shall report its findings to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (d) As used in this section, "food service establishment" means any: (1) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere; (2) Grocery store, delicatessen, meat market, retail bakery, or other establishment which sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; and (3) Other eating and drinking establishment where food is served or provided for the public with or without charge. Acts 2001, No. 1656, § 1.

(a) Employees of food service establishments shall keep their hands and exposed portions of their arms clean in a manner approved by the Department of Health.

(b) (1) Except when washing fruits and vegetables, employees of food service establishments shall avoid contact of exposed ready-to-eat food with their hands by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves, or they shall wash their hands and exposed portions of their arms utilizing a hand-washing program approved by the department. (2) Employees shall minimize bare-hand and bare-arm contact with exposed food that is not in a ready-to-eat form.

(1) Except when washing fruits and vegetables, employees of food service establishments shall avoid contact of exposed ready-to-eat food with their hands by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves, or they shall wash their hands and exposed portions of their arms utilizing a hand-washing program approved by the department.

(2) Employees shall minimize bare-hand and bare-arm contact with exposed food that is not in a ready-to-eat form.

(c) (1) Within thirty (30) days of August 13, 2001, the department shall initiate a full review of the current version of the United States Food and Drug Administration Food Code. (2) The department shall report its findings to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

(1) Within thirty (30) days of August 13, 2001, the department shall initiate a full review of the current version of the United States Food and Drug Administration Food Code.

(2) The department shall report its findings to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

(d) As used in this section, "food service establishment" means any: (1) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere; (2) Grocery store, delicatessen, meat market, retail bakery, or other establishment which sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; and (3) Other eating and drinking establishment where food is served or provided for the public with or without charge.

(1) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere;

(2) Grocery store, delicatessen, meat market, retail bakery, or other establishment which sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; and

(3) Other eating and drinking establishment where food is served or provided for the public with or without charge.

Acts 2001, No. 1656, § 1.
Ark. Code Ann. § 20-19-101 — AR Code / Title 20 / Chapter 19 / Subchapter 1 / Section 20-19-101
Findings - Humane societies
Status: in_force

(a) The General Assembly finds and declares that humane societies for the prevention of cruelty to animals organized under the laws of this state now or hereinafter in effect are public organizations necessary to protect the health, safety, and general welfare of the citizenry of this state and are discharging a government function. (b) The General Assembly finds and declares that the appropriation of public funds for the use of humane societies in the maintenance and operation of shelters for stray, diseased, neglected, and other animals and in the protection of the public from disease among such animals is a public use of the funds in the discharge of a government function. Acts 1939, No. 44, §§ 1, 2; A.S.A. 1947, §§ 78-101, 78-102.

(a) The General Assembly finds and declares that humane societies for the prevention of cruelty to animals organized under the laws of this state now or hereinafter in effect are public organizations necessary to protect the health, safety, and general welfare of the citizenry of this state and are discharging a government function.

(b) The General Assembly finds and declares that the appropriation of public funds for the use of humane societies in the maintenance and operation of shelters for stray, diseased, neglected, and other animals and in the protection of the public from disease among such animals is a public use of the funds in the discharge of a government function.

Acts 1939, No. 44, §§ 1, 2; A.S.A. 1947, §§ 78-101, 78-102.
Ark. Code Ann. § 20-27-2301 — AR Code / Title 20 / Chapter 27 / Subchapter 23 / Section 20-27-2301
Definition
Status: in_force

(a) As used in this section, "imitation firearm" means a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including only: (1) Air-soft guns firing nonmetallic projectiles; (2) Replica nonguns; and (3) Water guns. (b) "Imitation firearm" does not include: (1) A nonfiring, collector replica of an antique firearm developed before 1898; (2) Traditional BB, paintball, or pellet-firing air guns that expel a projectile through the force of air pressure; or (3) A device: (A) For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm); (B) For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or (C) That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device. Acts 2009, No. 1495, § 2.

(a) As used in this section, "imitation firearm" means a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including only: (1) Air-soft guns firing nonmetallic projectiles; (2) Replica nonguns; and (3) Water guns.

(1) Air-soft guns firing nonmetallic projectiles;

(2) Replica nonguns; and

(3) Water guns.

(b) "Imitation firearm" does not include: (1) A nonfiring, collector replica of an antique firearm developed before 1898; (2) Traditional BB, paintball, or pellet-firing air guns that expel a projectile through the force of air pressure; or (3) A device: (A) For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm); (B) For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or (C) That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device.

(1) A nonfiring, collector replica of an antique firearm developed before 1898;

(2) Traditional BB, paintball, or pellet-firing air guns that expel a projectile through the force of air pressure; or

(3) A device: (A) For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm); (B) For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or (C) That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device.

(A) For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm);

(B) For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or

(C) That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device.

Acts 2009, No. 1495, § 2.
Ark. Code Ann. § 20-64-225 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-225
Name of act
Status: in_force

This subchapter may be cited as the "Uniform Narcotic Drug Act". Acts 1937, No. 344, § 25; Pope's Dig., § 10150; A.S.A. 1947, § 82-1023.

This subchapter may be cited as the "Uniform Narcotic Drug Act".

Acts 1937, No. 344, § 25; Pope's Dig., § 10150; A.S.A. 1947, § 82-1023.
Ark. Code Ann. § 20-47-1001 — AR Code / Title 20 / Chapter 47 / Subchapter 10 / Section 20-47-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Mental Health Services for Individuals who are Deaf or Hard of Hearing Bill of Rights Act". Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Mental Health Services for Individuals who are Deaf or Hard of Hearing Bill of Rights Act".

Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-18-303 — AR Code / Title 20 / Chapter 18 / Subchapter 3 / Section 20-18-303
Duty to furnish information
Status: in_force

(a) Any person having knowledge of the facts shall furnish such information as he or she may possess regarding any birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, divorce, or annulment upon demand of the State Registrar of Vital Records. (b) Any person or institution that in good faith provides information required by this chapter or rules promulgated under this chapter shall not be subject to any action for damages. (c) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall send to the Division of Vital Records a list showing all births and deaths occurring in that institution during the preceding month. The lists shall be on forms approved by the state registrar. (d) Not later than the tenth day of the month following the month of occurrence, each funeral director shall send to the division a list showing all dead bodies embalmed or otherwise prepared for final disposition or dead bodies finally disposed of by the funeral director during the preceding month. The list shall be made on forms provided by the state registrar. Amended by Act 2019, No. 315,§ 1960, eff. 7/24/2019. Acts 1981, No. 120, § 26; A.S.A. 1947, § 82-526; Acts 1995, No. 1254, § 10.

(a) Any person having knowledge of the facts shall furnish such information as he or she may possess regarding any birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, divorce, or annulment upon demand of the State Registrar of Vital Records.

(b) Any person or institution that in good faith provides information required by this chapter or rules promulgated under this chapter shall not be subject to any action for damages.

(c) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall send to the Division of Vital Records a list showing all births and deaths occurring in that institution during the preceding month. The lists shall be on forms approved by the state registrar.

(d) Not later than the tenth day of the month following the month of occurrence, each funeral director shall send to the division a list showing all dead bodies embalmed or otherwise prepared for final disposition or dead bodies finally disposed of by the funeral director during the preceding month. The list shall be made on forms provided by the state registrar.

Amended by Act 2019, No. 315,§ 1960, eff. 7/24/2019.

Acts 1981, No. 120, § 26; A.S.A. 1947, § 82-526; Acts 1995, No. 1254, § 10.
Ark. Code Ann. § 20-57-501 — AR Code / Title 20 / Chapter 57 / Subchapter 5 / Section 20-57-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Food Freedom Act". Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Food Freedom Act".

Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-27-2102 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2102
Purpose
Status: in_force

The purpose of this subchapter is to make the laws of this state with regard to cigarette fire safety uniform with the laws of those states that have enacted reduced cigarette ignition propensity laws as of January 1, 2010. Acts 2009, No. 697, § 2.

The purpose of this subchapter is to make the laws of this state with regard to cigarette fire safety uniform with the laws of those states that have enacted reduced cigarette ignition propensity laws as of January 1, 2010.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-24-119 — AR Code / Title 20 / Chapter 24 / Section 20-24-119
Appeals
Status: in_force

(a) Any person aggrieved by an order or act of the Department of Labor and Licensing or its authorized representative under this chapter may, within fifteen (15) days after notice thereof, appeal from the order or act to the Elevator Safety Board, which shall, within thirty (30) days thereafter, hold a hearing of which at least fifteen (15) days' written notice shall be given to all interested parties. (b) Within thirty (30) days after the hearing, the board shall issue an appropriate order modifying, approving, or disapproving the order or act. (c) A copy of the order by the board shall be served upon all interested parties. (d) Within thirty (30) days after any order or act of the board, any person aggrieved thereby may file a petition in the circuit court of the county in which the aggrieved person resides, for a review thereof. (e) The court shall summarily hear the petition and may make any appropriate order or decree. Amended by Act 2019, No. 910,§ 5482, eff. 7/1/2019. Acts 1963, No. 189, § 12; A.S.A. 1947, § 82-1812.

(a) Any person aggrieved by an order or act of the Department of Labor and Licensing or its authorized representative under this chapter may, within fifteen (15) days after notice thereof, appeal from the order or act to the Elevator Safety Board, which shall, within thirty (30) days thereafter, hold a hearing of which at least fifteen (15) days' written notice shall be given to all interested parties.

(b) Within thirty (30) days after the hearing, the board shall issue an appropriate order modifying, approving, or disapproving the order or act.

(c) A copy of the order by the board shall be served upon all interested parties.

(d) Within thirty (30) days after any order or act of the board, any person aggrieved thereby may file a petition in the circuit court of the county in which the aggrieved person resides, for a review thereof.

(e) The court shall summarily hear the petition and may make any appropriate order or decree.

Amended by Act 2019, No. 910,§ 5482, eff. 7/1/2019.

Acts 1963, No. 189, § 12; A.S.A. 1947, § 82-1812.
Ark. Code Ann. § 20-16-508 — AR Code / Title 20 / Chapter 16 / Subchapter 5 / Section 20-16-508
Treatment of minors
Status: in_force

(a) (1) When a minor who believes himself or herself to have a sexually transmitted disease consents to the provision of medical care or surgical care or services by a hospital or public clinic or consents to the performance of medical care or surgical care or services by a physician who is licensed to practice medicine in this state, the consent: (A) Is valid and binding as if the minor had achieved his or her majority; and (B) Is not subject to a later disaffirmance by reason of his or her minority. (2) The consent of a spouse, parent, guardian, or any other person standing in a fiduciary capacity to the minor shall not be necessary in order to authorize hospital care or services or medical or surgical care or services to be provided to the minor by a physician licensed to practice medicine. (b) Upon the advice and direction of a treating physician or in the case of a medical staff any one (1) of them, a physician or member of a medical staff may inform the spouse, parent, or guardian of any minor as to the treatment given or needed but shall not be obligated to do so. The information may be given to or withheld from the spouse, parent, or guardian without the consent and over the express objection of the minor. Acts 1969, No. 100, §§ 1-3; A.S.A. 1947, §§ 82-629 -- 82-631; Acts 1997, No. 208, § 20; 2007, No. 827, § 162; 2009, No. 952, § 3.

(a) (1) When a minor who believes himself or herself to have a sexually transmitted disease consents to the provision of medical care or surgical care or services by a hospital or public clinic or consents to the performance of medical care or surgical care or services by a physician who is licensed to practice medicine in this state, the consent: (A) Is valid and binding as if the minor had achieved his or her majority; and (B) Is not subject to a later disaffirmance by reason of his or her minority. (2) The consent of a spouse, parent, guardian, or any other person standing in a fiduciary capacity to the minor shall not be necessary in order to authorize hospital care or services or medical or surgical care or services to be provided to the minor by a physician licensed to practice medicine.

(1) When a minor who believes himself or herself to have a sexually transmitted disease consents to the provision of medical care or surgical care or services by a hospital or public clinic or consents to the performance of medical care or surgical care or services by a physician who is licensed to practice medicine in this state, the consent: (A) Is valid and binding as if the minor had achieved his or her majority; and (B) Is not subject to a later disaffirmance by reason of his or her minority.

(A) Is valid and binding as if the minor had achieved his or her majority; and

(B) Is not subject to a later disaffirmance by reason of his or her minority.

(2) The consent of a spouse, parent, guardian, or any other person standing in a fiduciary capacity to the minor shall not be necessary in order to authorize hospital care or services or medical or surgical care or services to be provided to the minor by a physician licensed to practice medicine.

(b) Upon the advice and direction of a treating physician or in the case of a medical staff any one (1) of them, a physician or member of a medical staff may inform the spouse, parent, or guardian of any minor as to the treatment given or needed but shall not be obligated to do so. The information may be given to or withheld from the spouse, parent, or guardian without the consent and over the express objection of the minor.

Acts 1969, No. 100, §§ 1-3; A.S.A. 1947, §§ 82-629 -- 82-631; Acts 1997, No. 208, § 20; 2007, No. 827, § 162; 2009, No. 952, § 3.
Ark. Code Ann. § 20-16-1707 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1707
Rules - Collection and reporting of information
Status: in_force

(a) The Department of Health shall develop and promulgate rules regarding reporting requirements. (b) (1) The Arkansas Center for Health Statistics shall ensure that all information collected by the center regarding abortions performed in this state shall be available to the public in printed form and on a twenty-four-hour basis on the center's website. (2) In no case shall the privacy of a patient or doctor be compromised. (c) The information collected by the center regarding abortions performed in this state shall be continually updated. (d) (1) (A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year. (B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline. (2) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who received information or materials in accordance with § 20-16-1703 . Amended by Act 2019, No. 315,§ 1951, eff. 7/24/2019. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

(a) The Department of Health shall develop and promulgate rules regarding reporting requirements.

(b) (1) The Arkansas Center for Health Statistics shall ensure that all information collected by the center regarding abortions performed in this state shall be available to the public in printed form and on a twenty-four-hour basis on the center's website. (2) In no case shall the privacy of a patient or doctor be compromised.

(1) The Arkansas Center for Health Statistics shall ensure that all information collected by the center regarding abortions performed in this state shall be available to the public in printed form and on a twenty-four-hour basis on the center's website.

(2) In no case shall the privacy of a patient or doctor be compromised.

(c) The information collected by the center regarding abortions performed in this state shall be continually updated.

(d) (1) (A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year. (B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline. (2) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who received information or materials in accordance with § 20-16-1703 .

(1) (A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year. (B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline.

(A) By June 3 of each year, the department shall issue a public report providing statistics on the number of women who were provided information and materials pursuant to this subchapter during the previous calendar year.

(B) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information received after the deadline.

(2) The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who received information or materials in accordance with § 20-16-1703 .

Amended by Act 2019, No. 315,§ 1951, eff. 7/24/2019.

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-10-301 — AR Code / Title 20 / Chapter 10 / Subchapter 3 / Section 20-10-301
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 39, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 47, eff. 7/22/2015. Acts 1969, No. 58, §§ 8-10; 1979, No. 28, §§ 7, 8; 1985, No. 884, § 1; 1985, No. 968, § 1; A.S.A. 1947, §§ 6-623 -- 6-626, 82-2208 -- 82-2210; Acts 1988 (4th Ex. Sess.), No. 18, § 1; 1997, No. 250, § 181.

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

Amended by Act 2015, No. 1100,§ 47, eff. 7/22/2015.

Acts 1969, No. 58, §§ 8-10; 1979, No. 28, §§ 7, 8; 1985, No. 884, § 1; 1985, No. 968, § 1; A.S.A. 1947, §§ 6-623 -- 6-626, 82-2208 -- 82-2210; Acts 1988 (4th Ex. Sess.), No. 18, § 1; 1997, No. 250, § 181.
Ark. Code Ann. § 20-22-403 — AR Code / Title 20 / Chapter 22 / Subchapter 4 / Section 20-22-403
Reimbursement
Status: in_force

(a) Licensed long-term care facilities participating in the Title XIX cost reimbursement program for long-term care facilities which elect to install smoke or particle sensor devices shall claim reimbursement for approved purchase and installation costs over a five-year period on the annual statistical and financial report as required by the Office of Long-Term Care, in order to assure this state's receipt of federal financial participation. (b) The costs will be considered allowable for reimbursement purposes when capitalized over a five-year period and depreciated on a straight-line basis. (c) Reimbursement in these instances shall be made through the normal prospective rate-setting procedures based on historical cost report data. Acts 1979, No. 374, § 2; 1981, No. 570, § 2; A.S.A. 1947, § 82-848.

(a) Licensed long-term care facilities participating in the Title XIX cost reimbursement program for long-term care facilities which elect to install smoke or particle sensor devices shall claim reimbursement for approved purchase and installation costs over a five-year period on the annual statistical and financial report as required by the Office of Long-Term Care, in order to assure this state's receipt of federal financial participation.

(b) The costs will be considered allowable for reimbursement purposes when capitalized over a five-year period and depreciated on a straight-line basis.

(c) Reimbursement in these instances shall be made through the normal prospective rate-setting procedures based on historical cost report data.

Acts 1979, No. 374, § 2; 1981, No. 570, § 2; A.S.A. 1947, § 82-848.
Ark. Code Ann. § 20-10-807 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-807
License required
Status: in_force

It shall be unlawful for any agency to provide home healthcare services unless licensed pursuant to this subchapter. Acts 1987, No. 956, § 4.

It shall be unlawful for any agency to provide home healthcare services unless licensed pursuant to this subchapter.

Acts 1987, No. 956, § 4.
Ark. Code Ann. § 20-27-1313 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1313
Civil penalties
Status: in_force

(a) (1) Any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter may be assessed an administrative civil penalty by the Director of the Division of Labor in an amount not to exceed ten thousand dollars ($10,000) per violation. (2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment. (b) (1) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation. (2) (A) In his or her discretion, the director may accept payment of assessed civil penalties in installments. (B) The assessment by the director shall be final, unless, within twenty (20) days after service of notice thereof by certified mail, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the proposed assessment is contested. (C) If an assessment is contested, a final administrative determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) When finally determined, the amount of any assessment may be recovered in a civil action brought by the director in a court of competent jurisdiction without paying costs or giving bond for costs. (d) (1) Sums collected as reimbursement for expenses, costs, and damages to the Division of Labor shall be deposited into the operating fund of the division. (2) Sums collected as civil penalties shall be deposited into the General Revenue Fund Account of the State Apportionment Fund. (e) Notice of any assessment by the director shall be served on any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation. Amended by Act 2019, No. 315,§ 2116, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5500, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5499, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5498, eff. 7/1/2019. Acts 1995, No. 814, § 3.

(a) (1) Any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter may be assessed an administrative civil penalty by the Director of the Division of Labor in an amount not to exceed ten thousand dollars ($10,000) per violation. (2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.

(1) Any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter may be assessed an administrative civil penalty by the Director of the Division of Labor in an amount not to exceed ten thousand dollars ($10,000) per violation.

(2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.

(b) (1) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation. (2) (A) In his or her discretion, the director may accept payment of assessed civil penalties in installments. (B) The assessment by the director shall be final, unless, within twenty (20) days after service of notice thereof by certified mail, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the proposed assessment is contested. (C) If an assessment is contested, a final administrative determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation.

(2) (A) In his or her discretion, the director may accept payment of assessed civil penalties in installments. (B) The assessment by the director shall be final, unless, within twenty (20) days after service of notice thereof by certified mail, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the proposed assessment is contested. (C) If an assessment is contested, a final administrative determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) In his or her discretion, the director may accept payment of assessed civil penalties in installments.

(B) The assessment by the director shall be final, unless, within twenty (20) days after service of notice thereof by certified mail, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the proposed assessment is contested.

(C) If an assessment is contested, a final administrative determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) When finally determined, the amount of any assessment may be recovered in a civil action brought by the director in a court of competent jurisdiction without paying costs or giving bond for costs.

(d) (1) Sums collected as reimbursement for expenses, costs, and damages to the Division of Labor shall be deposited into the operating fund of the division. (2) Sums collected as civil penalties shall be deposited into the General Revenue Fund Account of the State Apportionment Fund.

(1) Sums collected as reimbursement for expenses, costs, and damages to the Division of Labor shall be deposited into the operating fund of the division.

(2) Sums collected as civil penalties shall be deposited into the General Revenue Fund Account of the State Apportionment Fund.

(e) Notice of any assessment by the director shall be served on any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation.

Amended by Act 2019, No. 315,§ 2116, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5500, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5499, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5498, eff. 7/1/2019.

Acts 1995, No. 814, § 3.
Ark. Code Ann. § 20-79-208 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-208
Ownership, exchange, and sale of equipment
Status: in_force

(a) Arkansas Rehabilitation Services is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use by individuals with disabilities and to repossess and transfer title for the use of other individuals with disabilities. (b) The Division of Workforce Services is authorized to offer for sale any surplus items acquired in the operation of the program when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. (c) (1) When any surplus equipment is sold or exchanged, a receipt for the equipment shall be taken from the purchaser showing the consideration given for the equipment and forwarded to the Treasurer of State. (2) Any funds received by the division pursuant to the transactions shall be deposited into the State Treasury in the appropriate federal or state rehabilitation fund and shall be available for expenditures for any purposes consistent with this subchapter. Amended by Act 2023, No. 503,§ 7, eff. 8/1/2023. Acts 1955, No. 43, § 14; A.S.A. 1947, § 80-2553.

(a) Arkansas Rehabilitation Services is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use by individuals with disabilities and to repossess and transfer title for the use of other individuals with disabilities.

(b) The Division of Workforce Services is authorized to offer for sale any surplus items acquired in the operation of the program when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage.

(c) (1) When any surplus equipment is sold or exchanged, a receipt for the equipment shall be taken from the purchaser showing the consideration given for the equipment and forwarded to the Treasurer of State. (2) Any funds received by the division pursuant to the transactions shall be deposited into the State Treasury in the appropriate federal or state rehabilitation fund and shall be available for expenditures for any purposes consistent with this subchapter.

(1) When any surplus equipment is sold or exchanged, a receipt for the equipment shall be taken from the purchaser showing the consideration given for the equipment and forwarded to the Treasurer of State.

(2) Any funds received by the division pursuant to the transactions shall be deposited into the State Treasury in the appropriate federal or state rehabilitation fund and shall be available for expenditures for any purposes consistent with this subchapter.

Amended by Act 2023, No. 503,§ 7, eff. 8/1/2023.

Acts 1955, No. 43, § 14; A.S.A. 1947, § 80-2553.
Ark. Code Ann. § 20-10-506 — AR Code / Title 20 / Chapter 10 / Subchapter 5 / Section 20-10-506
Reports
Status: in_force

(a) The state agencies shall collect and report management and caseload information to the appropriate legislative committees on a quarterly basis. (b) Each agency shall identify to the committees all agency funds and personnel involved in the delivery of long-term care and related community-based services. Acts 1981, No. 380, § 6; A.S.A. 1947, § 82-2231; Acts 1997, No. 179, § 25.

(a) The state agencies shall collect and report management and caseload information to the appropriate legislative committees on a quarterly basis.

(b) Each agency shall identify to the committees all agency funds and personnel involved in the delivery of long-term care and related community-based services.

Acts 1981, No. 380, § 6; A.S.A. 1947, § 82-2231; Acts 1997, No. 179, § 25.
Ark. Code Ann. § 20-10-808 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-808
Application for license - Temporary license
Status: in_force

(a) An applicant for a license to provide home healthcare services shall: (1) File a written application on a form prescribed by the Division of Health Facilities Services; (2) File with the application the name of the owner of the agency or a list of names of persons who own an interest in the agency and a list of any businesses with which the agency subcontracts and in which the owner or owners of the agency hold as much as five percent (5%) of the ownership; (3) Establish a place of business within the State of Arkansas that maintains home healthcare services records and directs patient services; (4) Cooperate with any inspections the division may require for a license and comply with rules and standards promulgated under this subchapter; and (5) Pay to the division a license fee as prescribed by § 20-10-812 . (b) In addition to the requirements listed in subsection (a) of this section for new and existing agencies providing home healthcare services on July 20, 1987, those agencies shall furnish the following information for a Class A or Class B license: (1) For a Class A license, if the applicant is at the time of filing an application a Medicare-certified home health agency, the applicant shall provide proof of its compliance with federal conditions of participation. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services; and (2) For a Class B license, the applicant shall show proof of the home healthcare services provided and the geographical territory in which those home healthcare services have been provided as of July 20, 1987, and it shall have requested a survey for the purposes of confirming the home healthcare services provided and the territory covered. (c) The Director of the Division of Health Facilities Services may issue a temporary license to an applicant for a period not to exceed six (6) months. Amended by Act 2019, No. 315,§ 1884, eff. 7/24/2019. Acts 1987, No. 956, §§ 3, 9.

(a) An applicant for a license to provide home healthcare services shall: (1) File a written application on a form prescribed by the Division of Health Facilities Services; (2) File with the application the name of the owner of the agency or a list of names of persons who own an interest in the agency and a list of any businesses with which the agency subcontracts and in which the owner or owners of the agency hold as much as five percent (5%) of the ownership; (3) Establish a place of business within the State of Arkansas that maintains home healthcare services records and directs patient services; (4) Cooperate with any inspections the division may require for a license and comply with rules and standards promulgated under this subchapter; and (5) Pay to the division a license fee as prescribed by § 20-10-812 .

(1) File a written application on a form prescribed by the Division of Health Facilities Services;

(2) File with the application the name of the owner of the agency or a list of names of persons who own an interest in the agency and a list of any businesses with which the agency subcontracts and in which the owner or owners of the agency hold as much as five percent (5%) of the ownership;

(3) Establish a place of business within the State of Arkansas that maintains home healthcare services records and directs patient services;

(4) Cooperate with any inspections the division may require for a license and comply with rules and standards promulgated under this subchapter; and

(5) Pay to the division a license fee as prescribed by § 20-10-812 .

(b) In addition to the requirements listed in subsection (a) of this section for new and existing agencies providing home healthcare services on July 20, 1987, those agencies shall furnish the following information for a Class A or Class B license: (1) For a Class A license, if the applicant is at the time of filing an application a Medicare-certified home health agency, the applicant shall provide proof of its compliance with federal conditions of participation. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services; and (2) For a Class B license, the applicant shall show proof of the home healthcare services provided and the geographical territory in which those home healthcare services have been provided as of July 20, 1987, and it shall have requested a survey for the purposes of confirming the home healthcare services provided and the territory covered.

(1) For a Class A license, if the applicant is at the time of filing an application a Medicare-certified home health agency, the applicant shall provide proof of its compliance with federal conditions of participation. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services; and

(2) For a Class B license, the applicant shall show proof of the home healthcare services provided and the geographical territory in which those home healthcare services have been provided as of July 20, 1987, and it shall have requested a survey for the purposes of confirming the home healthcare services provided and the territory covered.

(c) The Director of the Division of Health Facilities Services may issue a temporary license to an applicant for a period not to exceed six (6) months.

Amended by Act 2019, No. 315,§ 1884, eff. 7/24/2019.

Acts 1987, No. 956, §§ 3, 9.
Ark. Code Ann. § 20-9-217 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-217
Alterations, additions, and new construction of facilities
Status: in_force

(a) Before commencing alterations, additions, or new construction under this subchapter, a facility shall submit plans, including a plumbing plan that includes the plumbing as defined in § 17-38-101 and the water supply line and sewage line designs, and specifications that have been prepared by a licensed architect or professional engineer to the Department of Health with respect to compliance with the applicable codes, rules, and standards. (b) Plans and specifications as described in subsection (a) of this section shall be submitted according to procedures of the department. (c) (1) The Secretary of the Department of Health or his or her agent shall inspect each construction project approved by the United States Surgeon General. (2) If the inspection so warrants, the secretary or his or her agent shall certify to the United States Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due the applicant. Amended by Act 2019, No. 315,§ 1839, eff. 7/24/2019. Amended by Act 2019, No. 889,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4972, eff. 7/1/2019. Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347; Acts 1987, No. 143, § 3.

(a) Before commencing alterations, additions, or new construction under this subchapter, a facility shall submit plans, including a plumbing plan that includes the plumbing as defined in § 17-38-101 and the water supply line and sewage line designs, and specifications that have been prepared by a licensed architect or professional engineer to the Department of Health with respect to compliance with the applicable codes, rules, and standards.

(b) Plans and specifications as described in subsection (a) of this section shall be submitted according to procedures of the department.

(c) (1) The Secretary of the Department of Health or his or her agent shall inspect each construction project approved by the United States Surgeon General. (2) If the inspection so warrants, the secretary or his or her agent shall certify to the United States Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due the applicant.

(1) The Secretary of the Department of Health or his or her agent shall inspect each construction project approved by the United States Surgeon General.

(2) If the inspection so warrants, the secretary or his or her agent shall certify to the United States Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due the applicant.

Amended by Act 2019, No. 315,§ 1839, eff. 7/24/2019.

Amended by Act 2019, No. 889,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4972, eff. 7/1/2019.

Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347; Acts 1987, No. 143, § 3.
Ark. Code Ann. § 20-78-902 — AR Code / Title 20 / Chapter 78 / Subchapter 9 / Section 20-78-902
[Repealed]
Status: repealed

Repealed without reference to 2017 amendment by Act 2017, No. 896,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 897,§ 16, eff. 7/1/2017. Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.

Repealed without reference to 2017 amendment by Act 2017, No. 896,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 897,§ 16, eff. 7/1/2017.

Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.
Ark. Code Ann. § 20-16-1803 — AR Code / Title 20 / Chapter 16 / Subchapter 18 / Section 20-16-1803
Ban on dismemberment abortion
Status: in_force

(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman. (b) (1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman. (2) The findings of the board are admissible in any court proceedings under this subchapter. (3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section. (c) The following individuals are excluded from liability under this subchapter: (1) A woman who receives or attempts to receive a dismemberment abortion; (2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and (3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician. (d) (1) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest when documentation is presented that states that the crime has been reported to law enforcement. (2) The physician or abortion facility shall: (A) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (B) Report to the Department of Health the number of abortions performed because of rape or incest. Amended by Act 2021, No. 787,§ 6, eff. 7/28/2021. Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.

(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman.

(b) (1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman. (2) The findings of the board are admissible in any court proceedings under this subchapter. (3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section.

(1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman.

(2) The findings of the board are admissible in any court proceedings under this subchapter.

(3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section.

(c) The following individuals are excluded from liability under this subchapter: (1) A woman who receives or attempts to receive a dismemberment abortion; (2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and (3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician.

(1) A woman who receives or attempts to receive a dismemberment abortion;

(2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and

(3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician.

(d) (1) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest when documentation is presented that states that the crime has been reported to law enforcement. (2) The physician or abortion facility shall: (A) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (B) Report to the Department of Health the number of abortions performed because of rape or incest.

(1) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest when documentation is presented that states that the crime has been reported to law enforcement.

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

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

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

Amended by Act 2021, No. 787,§ 6, eff. 7/28/2021.

Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-46-503 — AR Code / Title 20 / Chapter 46 / Subchapter 5 / Section 20-46-503
Authority to establish program
Status: in_force

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to establish and maintain in a specialized mental health setting an intensive residential treatment program for adults with long-term severe mental illness. Amended by Act 2017, No. 913,§ 70, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013. Acts 1987, No. 648, § 3.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to establish and maintain in a specialized mental health setting an intensive residential treatment program for adults with long-term severe mental illness.

Amended by Act 2017, No. 913,§ 70, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013.

Acts 1987, No. 648, § 3.
Ark. Code Ann. § 20-64-508 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-508
Revocation or suspension of licenses
Status: in_force

The Arkansas State Board of Pharmacy may revoke or suspend an existing license or may refuse to issue a license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following: (1) Violation of any federal, state, or local law, rule, or regulation relating to drugs; (2) Violation of any provisions of this subchapter or any rule promulgated hereunder; or (3) Commission of an act or engaging in a course of conduct which constitutes a clear and present danger to the public health and safety. Amended by Act 2019, No. 315,§ 2230, eff. 7/24/2019. Acts 1969, No. 173, § 3; 1979, No. 751, § 5; 1981, No. 257, § 3; A.S.A. 1947, § 82-2115; Acts 1991, No. 739, § 7.

The Arkansas State Board of Pharmacy may revoke or suspend an existing license or may refuse to issue a license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following:

(1) Violation of any federal, state, or local law, rule, or regulation relating to drugs;

(2) Violation of any provisions of this subchapter or any rule promulgated hereunder; or

(3) Commission of an act or engaging in a course of conduct which constitutes a clear and present danger to the public health and safety.

Amended by Act 2019, No. 315,§ 2230, eff. 7/24/2019.

Acts 1969, No. 173, § 3; 1979, No. 751, § 5; 1981, No. 257, § 3; A.S.A. 1947, § 82-2115; Acts 1991, No. 739, § 7.
Ark. Code Ann. § 20-22-704 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-704
Power of municipalities unaffected
Status: in_force

This subchapter shall not affect the power of any municipality to regulate or prohibit the sale or use of fireworks. Acts 1961, No. 224, § 9; 1963, No. 34, § 1; A.S.A. 1947, § 82-1709.

This subchapter shall not affect the power of any municipality to regulate or prohibit the sale or use of fireworks.

Acts 1961, No. 224, § 9; 1963, No. 34, § 1; A.S.A. 1947, § 82-1709.
Ark. Code Ann. § 20-76-708 — AR Code / Title 20 / Chapter 76 / Subchapter 7 / Section 20-76-708
Rulemaking authority
Status: in_force

(a) The Secretary of the Department of Human Services shall promulgate rules necessary for the implementation of this subchapter. (b) The secretary shall consider the following when promulgating rules: (1) Testing procedures established by the United States Department of Health and Human Services and the United States Department of Transportation; (2) Screening procedures established by the substance abuse experts to determine when a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs; (3) Body specimens and minimum specimen amounts that are appropriate for drug testing; (4) Methods of analysis and procedures to ensure reliable drug testing results, including without limitation standards for initial tests and confirmation tests; (5) Minimum detection levels for each drug or drug metabolite for the purpose of determining a positive result; (6) Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and (7) Retention, storage, and transportation procedures to ensure reliable results of drug tests used in the administration of this subchapter. Amended by Act 2023, No. 832,§ 28, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 558, eff. 7/1/2019. Amended by Act 2017, No. 314,§ 9, eff. 8/1/2017. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.

(a) The Secretary of the Department of Human Services shall promulgate rules necessary for the implementation of this subchapter.

(b) The secretary shall consider the following when promulgating rules: (1) Testing procedures established by the United States Department of Health and Human Services and the United States Department of Transportation; (2) Screening procedures established by the substance abuse experts to determine when a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs; (3) Body specimens and minimum specimen amounts that are appropriate for drug testing; (4) Methods of analysis and procedures to ensure reliable drug testing results, including without limitation standards for initial tests and confirmation tests; (5) Minimum detection levels for each drug or drug metabolite for the purpose of determining a positive result; (6) Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and (7) Retention, storage, and transportation procedures to ensure reliable results of drug tests used in the administration of this subchapter.

(1) Testing procedures established by the United States Department of Health and Human Services and the United States Department of Transportation;

(2) Screening procedures established by the substance abuse experts to determine when a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs;

(3) Body specimens and minimum specimen amounts that are appropriate for drug testing;

(4) Methods of analysis and procedures to ensure reliable drug testing results, including without limitation standards for initial tests and confirmation tests;

(5) Minimum detection levels for each drug or drug metabolite for the purpose of determining a positive result;

(6) Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and

(7) Retention, storage, and transportation procedures to ensure reliable results of drug tests used in the administration of this subchapter.

Amended by Act 2023, No. 832,§ 28, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 558, eff. 7/1/2019.

Amended by Act 2017, No. 314,§ 9, eff. 8/1/2017.

Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-78-908 — AR Code / Title 20 / Chapter 78 / Subchapter 9 / Section 20-78-908
[Repealed]
Status: repealed

Repealed by Act 2017, No. 896,§ 3, eff. 8/1/2017. Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.

Repealed by Act 2017, No. 896,§ 3, eff. 8/1/2017.

Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.
Ark. Code Ann. § 20-22-101 — AR Code / Title 20 / Chapter 22 / Subchapter 1 / Section 20-22-101
Firefighting foam - Definitions
Status: in_force

(a) As used in this section: (1) "Class B firefighting foam" means foam designed for flammable liquid fires; (2) "Foam training facility" means a facility: (A) In which the discharge of foam is permitted in a nonemergency situation for the training of firefighters and the readiness of equipment; and (B) That may have the capability to provide evaluation and calibration of equipment and foam; (3) "Local government" means a municipality, county, fire district, regional fire protection authority, or other public entity that provides firefighting service; (4) "PFAS chemical" means: (A) Perfluoroalkyl and polyfluoroalkyl substances; and (B) For the purpose of firefighting agents, a class of fluorinated organic chemicals containing at least one (1) fully fluorinated carbon atom and designed to be fully functional in class B firefighting foam; (5) "Testing" means calibration testing, conformance testing, and fixed system testing; and (6) "Testing facility" means a facility: (A) In which the discharge of foam is permitted in a nonemergency situation for evaluation and calibration of firefighting equipment and foam; and (B) That may have the capability to provide training of firefighters. (b) Beginning January 1, 2022, a person, local government, or state agency shall not discharge class B firefighting foam that contains intentionally added PFAS chemicals for training purposes in a foam training facility. (c) Beginning January 1, 2022, a person, local government, or state agency shall not discharge class B firefighting foam that contains intentionally added PFAS chemicals for testing purposes in a testing facility, unless otherwise required by law or ordinance and the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent release into the environment. (d) This section does not affect: (1) The manufacture, sale, or distribution of class B firefighting foam that contains intentionally added PFAS chemicals; or (2) The discharge or other use of class B firefighting foam that contains intentionally added PFAS chemicals in emergency firefighting or fire prevention operations. (e) For the purposes of firefighting training: (1) Nonfluorinated training foams or other nonfluorinated surrogates shall be used; and (2) Training shall be conducted under conditions conducive to the collection of spent foam. Added by Act 2021, No. 315,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Class B firefighting foam" means foam designed for flammable liquid fires; (2) "Foam training facility" means a facility: (A) In which the discharge of foam is permitted in a nonemergency situation for the training of firefighters and the readiness of equipment; and (B) That may have the capability to provide evaluation and calibration of equipment and foam; (3) "Local government" means a municipality, county, fire district, regional fire protection authority, or other public entity that provides firefighting service; (4) "PFAS chemical" means: (A) Perfluoroalkyl and polyfluoroalkyl substances; and (B) For the purpose of firefighting agents, a class of fluorinated organic chemicals containing at least one (1) fully fluorinated carbon atom and designed to be fully functional in class B firefighting foam; (5) "Testing" means calibration testing, conformance testing, and fixed system testing; and (6) "Testing facility" means a facility: (A) In which the discharge of foam is permitted in a nonemergency situation for evaluation and calibration of firefighting equipment and foam; and (B) That may have the capability to provide training of firefighters.

(1) "Class B firefighting foam" means foam designed for flammable liquid fires;

(2) "Foam training facility" means a facility: (A) In which the discharge of foam is permitted in a nonemergency situation for the training of firefighters and the readiness of equipment; and (B) That may have the capability to provide evaluation and calibration of equipment and foam;

(A) In which the discharge of foam is permitted in a nonemergency situation for the training of firefighters and the readiness of equipment; and

(B) That may have the capability to provide evaluation and calibration of equipment and foam;

(3) "Local government" means a municipality, county, fire district, regional fire protection authority, or other public entity that provides firefighting service;

(4) "PFAS chemical" means: (A) Perfluoroalkyl and polyfluoroalkyl substances; and (B) For the purpose of firefighting agents, a class of fluorinated organic chemicals containing at least one (1) fully fluorinated carbon atom and designed to be fully functional in class B firefighting foam;

(A) Perfluoroalkyl and polyfluoroalkyl substances; and

(B) For the purpose of firefighting agents, a class of fluorinated organic chemicals containing at least one (1) fully fluorinated carbon atom and designed to be fully functional in class B firefighting foam;

(5) "Testing" means calibration testing, conformance testing, and fixed system testing; and

(6) "Testing facility" means a facility: (A) In which the discharge of foam is permitted in a nonemergency situation for evaluation and calibration of firefighting equipment and foam; and (B) That may have the capability to provide training of firefighters.

(A) In which the discharge of foam is permitted in a nonemergency situation for evaluation and calibration of firefighting equipment and foam; and

(B) That may have the capability to provide training of firefighters.

(b) Beginning January 1, 2022, a person, local government, or state agency shall not discharge class B firefighting foam that contains intentionally added PFAS chemicals for training purposes in a foam training facility.

(c) Beginning January 1, 2022, a person, local government, or state agency shall not discharge class B firefighting foam that contains intentionally added PFAS chemicals for testing purposes in a testing facility, unless otherwise required by law or ordinance and the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent release into the environment.

(d) This section does not affect: (1) The manufacture, sale, or distribution of class B firefighting foam that contains intentionally added PFAS chemicals; or (2) The discharge or other use of class B firefighting foam that contains intentionally added PFAS chemicals in emergency firefighting or fire prevention operations.

(1) The manufacture, sale, or distribution of class B firefighting foam that contains intentionally added PFAS chemicals; or

(2) The discharge or other use of class B firefighting foam that contains intentionally added PFAS chemicals in emergency firefighting or fire prevention operations.

(e) For the purposes of firefighting training: (1) Nonfluorinated training foams or other nonfluorinated surrogates shall be used; and (2) Training shall be conducted under conditions conducive to the collection of spent foam.

(1) Nonfluorinated training foams or other nonfluorinated surrogates shall be used; and

(2) Training shall be conducted under conditions conducive to the collection of spent foam.

Added by Act 2021, No. 315,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-48-505 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-505
Liability of Board of Developmental Disabilities Services for bonds
Status: in_force

(a) It shall be plainly stated on the face of each bond issued that the bond has been issued under the provisions of this subchapter. Bonds issued under the provisions of this subchapter shall be general obligations only of the Board of Developmental Disabilities Services, and in no event shall they constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged. There shall be no mortgage or other lien executed on any lands or buildings belonging to the State of Arkansas. (b) All agreements and contracts entered into by the board in connection with the issuance of any bonds hereunder shall be binding in all respects upon the board and its successors from time to time in accordance with the terms and provisions of the agreements or contracts. The terms and provisions of the agreements or contracts shall be enforceable by appropriate proceedings at law or in equity, or otherwise, including without limitation mandamus. Acts 1963, No. 186, § 4; A.S.A. 1947, § 59-1120.

(a) It shall be plainly stated on the face of each bond issued that the bond has been issued under the provisions of this subchapter. Bonds issued under the provisions of this subchapter shall be general obligations only of the Board of Developmental Disabilities Services, and in no event shall they constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged. There shall be no mortgage or other lien executed on any lands or buildings belonging to the State of Arkansas.

(b) All agreements and contracts entered into by the board in connection with the issuance of any bonds hereunder shall be binding in all respects upon the board and its successors from time to time in accordance with the terms and provisions of the agreements or contracts. The terms and provisions of the agreements or contracts shall be enforceable by appropriate proceedings at law or in equity, or otherwise, including without limitation mandamus.

Acts 1963, No. 186, § 4; A.S.A. 1947, § 59-1120.