Ark. Code Ann. § 20-7-102 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-102
Members - Appointment
Status: in_force

(a) The State Board of Health shall consist of the following members, to be appointed by the Governor subject to confirmation by the Senate as follows: (1) (A) Seven (7) members of the board shall be licensed medical doctors of good professional standing, to be appointed by the Governor as follows: (i) One (1) member shall be appointed from each of the four (4) congressional districts of this state as established by § 7-2-101 et seq.; and (ii) Three (3) members shall be appointed from the state at large by the Governor after consulting the Arkansas Medical Society, Inc. (B) Notwithstanding the provisions of subdivision (a)(1)(A) of this section, at least one (1) of the positions allocated for licensed medical doctors shall be an osteopathic physician appointed by the Governor after consulting the Arkansas Osteopathic Medical Association from the state at large; (2) One (1) member shall be a regularly licensed, registered, and practicing dentist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting the Arkansas State Dental Association; (3) One (1) member shall be a professional engineer as defined in § 17-30-101 who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting The Arkansas Society of Professional Engineers; (4) One (1) member shall be a regularly licensed professional nurse who has been a resident of the state for at least seven (7) years preceding the appointment and who has at least a bachelor's degree and five (5) years' nursing experience in the state. This member shall be appointed from a list by the Governor after consulting the Arkansas Nurses Association; (5) One (1) member shall be a regularly licensed pharmacist who has been actively engaged in the practice of pharmacy for at least seven (7) years preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas Pharmacist's Association; (6) One (1) member shall be a regularly licensed veterinarian who has been actively engaged in the practice of veterinary medicine for at least seven (7) years preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas Veterinary Medical Association; (7) One (1) member shall be a registered sanitarian who has at least seven (7) years' experience in the practice of his or her profession preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas State Board of Sanitarians; (8) One (1) member shall be a hospital administrator who has at least seven (7) years' experience in the practice of his or her profession in Arkansas. This member shall be appointed by the Governor after consulting the Arkansas Hospital Association, Inc.; (9) One (1) member shall be a regularly licensed, registered, and practicing optometrist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting the Arkansas Optometric Association, Inc.; (10) One (1) member shall be a regularly licensed and practicing chiropractor. This member shall be appointed by the Governor after consulting the Arkansas Chiropractic Physicians Association; (11) One (1) member shall be a restaurant operator who has owned or operated a restaurant for a minimum of five (5) years. This member shall be appointed by the Governor after consulting The Arkansas Hospitality Association, Inc.; (12) One (1) member shall be a consumer representative who has an interest in public health. This member shall be appointed by the Governor from the state at large; (13) One (1) member shall be more than sixty (60) years of age and represent the elderly. This person shall not be actively engaged in or retired from any occupation, profession, or industry to be regulated by the board. The member shall be appointed by the Governor from the state at large and be subject to confirmation by the Senate; (14) One (1) member shall be a licensed doctor of podiatric medicine of good professional standing who has at least seven (7) years' experience in the practice of the profession in this state. The member shall be appointed by the Governor after consulting the Arkansas Podiatric Medical Association, Inc.; (15) One (1) member shall be a member of The Arkansas Public Health Association, Inc. The member shall be appointed by the Governor after consulting The Arkansas Public Health Association, Inc.; (16) One (1) member shall be a licensed medical doctor of good professional standing who shall be appointed by the Governor from a rural county that contains a medically underserved population in the state; and (17) One (1) member shall be the Secretary of the Department of Health. (b) Each of the members of the board so appointed shall take the oath prescribed by the Arkansas Constitution for state officers and shall be commissioned by the Governor in the same manner as other state officials. Amended by Act 2019, No. 910,§ 4923, eff. 7/1/2019. Amended by Act 2015, No. 1100,§ 46, eff. 7/22/2015. Acts 1913, No. 96, §§ 1, 2; C. & M. Dig., §§ 5125, 5126; Acts 1929, No. 109, § 1; Pope's Dig., §§ 6388, 6389; Acts 1949, No. 302, §§ 1, 2; 1959, No. 186, §§ 1, 2; 1961, No. 433, § 1; 1963, No. 240, § 1; 1971, No. 204, § 1; 1975, No. 295, § 1; 1977, No. 318, § 1; 1979, No. 198, § 1; 1981, No. 713, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 82-101, 82-103; Acts 1987, No. 112, § 1; 1991, No. 829, § 1; 1995, No. 747, § 1; 2003, No. 1450, § 1; 2005, No. 1954, § 5; 2007, No. 384, § 4; 2011, No. 897, § 15.

(a) The State Board of Health shall consist of the following members, to be appointed by the Governor subject to confirmation by the Senate as follows: (1) (A) Seven (7) members of the board shall be licensed medical doctors of good professional standing, to be appointed by the Governor as follows: (i) One (1) member shall be appointed from each of the four (4) congressional districts of this state as established by § 7-2-101 et seq.; and (ii) Three (3) members shall be appointed from the state at large by the Governor after consulting the Arkansas Medical Society, Inc. (B) Notwithstanding the provisions of subdivision (a)(1)(A) of this section, at least one (1) of the positions allocated for licensed medical doctors shall be an osteopathic physician appointed by the Governor after consulting the Arkansas Osteopathic Medical Association from the state at large; (2) One (1) member shall be a regularly licensed, registered, and practicing dentist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting the Arkansas State Dental Association; (3) One (1) member shall be a professional engineer as defined in § 17-30-101 who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting The Arkansas Society of Professional Engineers; (4) One (1) member shall be a regularly licensed professional nurse who has been a resident of the state for at least seven (7) years preceding the appointment and who has at least a bachelor's degree and five (5) years' nursing experience in the state. This member shall be appointed from a list by the Governor after consulting the Arkansas Nurses Association; (5) One (1) member shall be a regularly licensed pharmacist who has been actively engaged in the practice of pharmacy for at least seven (7) years preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas Pharmacist's Association; (6) One (1) member shall be a regularly licensed veterinarian who has been actively engaged in the practice of veterinary medicine for at least seven (7) years preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas Veterinary Medical Association; (7) One (1) member shall be a registered sanitarian who has at least seven (7) years' experience in the practice of his or her profession preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas State Board of Sanitarians; (8) One (1) member shall be a hospital administrator who has at least seven (7) years' experience in the practice of his or her profession in Arkansas. This member shall be appointed by the Governor after consulting the Arkansas Hospital Association, Inc.; (9) One (1) member shall be a regularly licensed, registered, and practicing optometrist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting the Arkansas Optometric Association, Inc.; (10) One (1) member shall be a regularly licensed and practicing chiropractor. This member shall be appointed by the Governor after consulting the Arkansas Chiropractic Physicians Association; (11) One (1) member shall be a restaurant operator who has owned or operated a restaurant for a minimum of five (5) years. This member shall be appointed by the Governor after consulting The Arkansas Hospitality Association, Inc.; (12) One (1) member shall be a consumer representative who has an interest in public health. This member shall be appointed by the Governor from the state at large; (13) One (1) member shall be more than sixty (60) years of age and represent the elderly. This person shall not be actively engaged in or retired from any occupation, profession, or industry to be regulated by the board. The member shall be appointed by the Governor from the state at large and be subject to confirmation by the Senate; (14) One (1) member shall be a licensed doctor of podiatric medicine of good professional standing who has at least seven (7) years' experience in the practice of the profession in this state. The member shall be appointed by the Governor after consulting the Arkansas Podiatric Medical Association, Inc.; (15) One (1) member shall be a member of The Arkansas Public Health Association, Inc. The member shall be appointed by the Governor after consulting The Arkansas Public Health Association, Inc.; (16) One (1) member shall be a licensed medical doctor of good professional standing who shall be appointed by the Governor from a rural county that contains a medically underserved population in the state; and (17) One (1) member shall be the Secretary of the Department of Health.

(1) (A) Seven (7) members of the board shall be licensed medical doctors of good professional standing, to be appointed by the Governor as follows: (i) One (1) member shall be appointed from each of the four (4) congressional districts of this state as established by § 7-2-101 et seq.; and (ii) Three (3) members shall be appointed from the state at large by the Governor after consulting the Arkansas Medical Society, Inc. (B) Notwithstanding the provisions of subdivision (a)(1)(A) of this section, at least one (1) of the positions allocated for licensed medical doctors shall be an osteopathic physician appointed by the Governor after consulting the Arkansas Osteopathic Medical Association from the state at large;

(A) Seven (7) members of the board shall be licensed medical doctors of good professional standing, to be appointed by the Governor as follows: (i) One (1) member shall be appointed from each of the four (4) congressional districts of this state as established by § 7-2-101 et seq.; and (ii) Three (3) members shall be appointed from the state at large by the Governor after consulting the Arkansas Medical Society, Inc.

(i) One (1) member shall be appointed from each of the four (4) congressional districts of this state as established by § 7-2-101 et seq.; and

(ii) Three (3) members shall be appointed from the state at large by the Governor after consulting the Arkansas Medical Society, Inc.

(B) Notwithstanding the provisions of subdivision (a)(1)(A) of this section, at least one (1) of the positions allocated for licensed medical doctors shall be an osteopathic physician appointed by the Governor after consulting the Arkansas Osteopathic Medical Association from the state at large;

(2) One (1) member shall be a regularly licensed, registered, and practicing dentist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting the Arkansas State Dental Association;

(3) One (1) member shall be a professional engineer as defined in § 17-30-101 who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting The Arkansas Society of Professional Engineers;

(4) One (1) member shall be a regularly licensed professional nurse who has been a resident of the state for at least seven (7) years preceding the appointment and who has at least a bachelor's degree and five (5) years' nursing experience in the state. This member shall be appointed from a list by the Governor after consulting the Arkansas Nurses Association;

(5) One (1) member shall be a regularly licensed pharmacist who has been actively engaged in the practice of pharmacy for at least seven (7) years preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas Pharmacist's Association;

(6) One (1) member shall be a regularly licensed veterinarian who has been actively engaged in the practice of veterinary medicine for at least seven (7) years preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas Veterinary Medical Association;

(7) One (1) member shall be a registered sanitarian who has at least seven (7) years' experience in the practice of his or her profession preceding his or her appointment. This member shall be appointed by the Governor after consulting the Arkansas State Board of Sanitarians;

(8) One (1) member shall be a hospital administrator who has at least seven (7) years' experience in the practice of his or her profession in Arkansas. This member shall be appointed by the Governor after consulting the Arkansas Hospital Association, Inc.;

(9) One (1) member shall be a regularly licensed, registered, and practicing optometrist who has at least seven (7) years' experience in the practice of his or her profession in this state. This member shall be appointed by the Governor after consulting the Arkansas Optometric Association, Inc.;

(10) One (1) member shall be a regularly licensed and practicing chiropractor. This member shall be appointed by the Governor after consulting the Arkansas Chiropractic Physicians Association;

(11) One (1) member shall be a restaurant operator who has owned or operated a restaurant for a minimum of five (5) years. This member shall be appointed by the Governor after consulting The Arkansas Hospitality Association, Inc.;

(12) One (1) member shall be a consumer representative who has an interest in public health. This member shall be appointed by the Governor from the state at large;

(13) One (1) member shall be more than sixty (60) years of age and represent the elderly. This person shall not be actively engaged in or retired from any occupation, profession, or industry to be regulated by the board. The member shall be appointed by the Governor from the state at large and be subject to confirmation by the Senate;

(14) One (1) member shall be a licensed doctor of podiatric medicine of good professional standing who has at least seven (7) years' experience in the practice of the profession in this state. The member shall be appointed by the Governor after consulting the Arkansas Podiatric Medical Association, Inc.;

(15) One (1) member shall be a member of The Arkansas Public Health Association, Inc. The member shall be appointed by the Governor after consulting The Arkansas Public Health Association, Inc.;

(16) One (1) member shall be a licensed medical doctor of good professional standing who shall be appointed by the Governor from a rural county that contains a medically underserved population in the state; and

(17) One (1) member shall be the Secretary of the Department of Health.

(b) Each of the members of the board so appointed shall take the oath prescribed by the Arkansas Constitution for state officers and shall be commissioned by the Governor in the same manner as other state officials.

Amended by Act 2019, No. 910,§ 4923, eff. 7/1/2019.

Amended by Act 2015, No. 1100,§ 46, eff. 7/22/2015.

Acts 1913, No. 96, §§ 1, 2; C. & M. Dig., §§ 5125, 5126; Acts 1929, No. 109, § 1; Pope's Dig., §§ 6388, 6389; Acts 1949, No. 302, §§ 1, 2; 1959, No. 186, §§ 1, 2; 1961, No. 433, § 1; 1963, No. 240, § 1; 1971, No. 204, § 1; 1975, No. 295, § 1; 1977, No. 318, § 1; 1979, No. 198, § 1; 1981, No. 713, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 82-101, 82-103; Acts 1987, No. 112, § 1; 1991, No. 829, § 1; 1995, No. 747, § 1; 2003, No. 1450, § 1; 2005, No. 1954, § 5; 2007, No. 384, § 4; 2011, No. 897, § 15.
Ark. Code Ann. § 20-57-506 — AR Code / Title 20 / Chapter 57 / Subchapter 5 / Section 20-57-506
Exemption - Location sold
Status: in_force

(a) Except as provided in this subchapter, a homemade food or drink product shall not be sold or used in any food service establishment. (b) A homemade food or drink product may be sold: (1) From a retail space located at the ranch, farm, home, or office where the homemade food or drink product is produced; or (2) At a retail location of a third-party vendor of the homemade food or drink product. (c) A seller who is operating in a retail space or location that also sells food and drink made in a licensed food service establishment shall keep homemade food or drink products separate from the items prepared or processed in the licensed food service establishment. Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.

(a) Except as provided in this subchapter, a homemade food or drink product shall not be sold or used in any food service establishment.

(b) A homemade food or drink product may be sold: (1) From a retail space located at the ranch, farm, home, or office where the homemade food or drink product is produced; or (2) At a retail location of a third-party vendor of the homemade food or drink product.

(1) From a retail space located at the ranch, farm, home, or office where the homemade food or drink product is produced; or

(2) At a retail location of a third-party vendor of the homemade food or drink product.

(c) A seller who is operating in a retail space or location that also sells food and drink made in a licensed food service establishment shall keep homemade food or drink products separate from the items prepared or processed in the licensed food service establishment.

Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-8-602 — AR Code / Title 20 / Chapter 8 / Subchapter 6 / Section 20-8-602
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 4963, eff. 7/1/2019. Repealed by Act 2019, No. 389,§ 11, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 53, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 36, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 36, eff. 5/23/2016. Amended by Act 2013, No. 1510,§ 2, eff. 8/16/2013. Acts 2011, No. 889, § 1.

Repealed by Act 2019, No. 910,§ 4963, eff. 7/1/2019.

Repealed by Act 2019, No. 389,§ 11, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 53, eff. 8/1/2017.

Amended by Act 2016EX3, No. 3,§ 36, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 36, eff. 5/23/2016.

Amended by Act 2013, No. 1510,§ 2, eff. 8/16/2013.

Acts 2011, No. 889, § 1.
Ark. Code Ann. § 20-29-103 — AR Code / Title 20 / Chapter 29 / Section 20-29-103
Disposition of funds
Status: in_force

(a) There is created on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a trust fund to be known as the "Manufactured Housing Recovery Fund". (b) The fund shall consist of trust fund receipts derived from fees assessed under this chapter by the Arkansas Manufactured Home Commission and shall be used for such purposes as are set out in §§ 20-29-104 - 20-29-108 , 20-29-109 [repealed], and 20-29-110 . (c) No money shall be expended from the fund for any purpose except at the direction of the commission. (d) The fund shall be administered, disbursed, and invested under the direction of the commission. (e) (1) All incomes derived through investment of the fund shall be credited to the fund as investment income. (2) For the purposes of investment, moneys invested and interest earned thereon shall be administered as trust funds pursuant to the State Treasury Management Law, § 19-3-501 et seq. (f) Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment. Acts 1987, No. 346, § 4; 1988 (3rd Ex. Sess.), No. 9, § 1.

(a) There is created on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a trust fund to be known as the "Manufactured Housing Recovery Fund".

(b) The fund shall consist of trust fund receipts derived from fees assessed under this chapter by the Arkansas Manufactured Home Commission and shall be used for such purposes as are set out in §§ 20-29-104 - 20-29-108 , 20-29-109 [repealed], and 20-29-110 .

(c) No money shall be expended from the fund for any purpose except at the direction of the commission.

(d) The fund shall be administered, disbursed, and invested under the direction of the commission.

(e) (1) All incomes derived through investment of the fund shall be credited to the fund as investment income. (2) For the purposes of investment, moneys invested and interest earned thereon shall be administered as trust funds pursuant to the State Treasury Management Law, § 19-3-501 et seq.

(1) All incomes derived through investment of the fund shall be credited to the fund as investment income.

(2) For the purposes of investment, moneys invested and interest earned thereon shall be administered as trust funds pursuant to the State Treasury Management Law, § 19-3-501 et seq.

(f) Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.

Acts 1987, No. 346, § 4; 1988 (3rd Ex. Sess.), No. 9, § 1.
Ark. Code Ann. § 20-15-2203 — AR Code / Title 20 / Chapter 15 / Subchapter 22 / Section 20-15-2203
Expired
Status: repealed

Added by Act 2017, No. 570,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 20-79-202 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-202
Policy
Status: in_force

(a) (1) It is declared to be the policy of the State of Arkansas to provide needed and feasible rehabilitation services to eligible individuals with a disability throughout the state to the end that they may engage in useful and remunerative occupations to the extent of their capabilities. (2) In rehabilitating individuals who may be expected to achieve the ability of independent living as to dispense with, or largely dispense with, the need for institutional care or, if not institutionalized, to dispense with, or largely dispense with, the need for an attendant, it is also declared to be the policy of the State of Arkansas to provide needed and feasible rehabilitation services to eligible individuals with a disability throughout the state, thereby increasing the social and economic well-being of themselves and their families and the productive capacity of the state and reducing the burden of dependency on families and taxpayers. (b) Pursuant to this policy, rehabilitation services shall be provided to citizens throughout the state. The rehabilitation plan adopted pursuant to this subchapter shall be in effect in all political subdivisions of this state. Amended by Act 2019, No. 389,§ 81, eff. 7/24/2019. Acts 1955, No. 43, § 2; 1959, No. 34, § 2; A.S.A. 1947, § 80-2541.

(a) (1) It is declared to be the policy of the State of Arkansas to provide needed and feasible rehabilitation services to eligible individuals with a disability throughout the state to the end that they may engage in useful and remunerative occupations to the extent of their capabilities. (2) In rehabilitating individuals who may be expected to achieve the ability of independent living as to dispense with, or largely dispense with, the need for institutional care or, if not institutionalized, to dispense with, or largely dispense with, the need for an attendant, it is also declared to be the policy of the State of Arkansas to provide needed and feasible rehabilitation services to eligible individuals with a disability throughout the state, thereby increasing the social and economic well-being of themselves and their families and the productive capacity of the state and reducing the burden of dependency on families and taxpayers.

(1) It is declared to be the policy of the State of Arkansas to provide needed and feasible rehabilitation services to eligible individuals with a disability throughout the state to the end that they may engage in useful and remunerative occupations to the extent of their capabilities.

(2) In rehabilitating individuals who may be expected to achieve the ability of independent living as to dispense with, or largely dispense with, the need for institutional care or, if not institutionalized, to dispense with, or largely dispense with, the need for an attendant, it is also declared to be the policy of the State of Arkansas to provide needed and feasible rehabilitation services to eligible individuals with a disability throughout the state, thereby increasing the social and economic well-being of themselves and their families and the productive capacity of the state and reducing the burden of dependency on families and taxpayers.

(b) Pursuant to this policy, rehabilitation services shall be provided to citizens throughout the state. The rehabilitation plan adopted pursuant to this subchapter shall be in effect in all political subdivisions of this state.

Amended by Act 2019, No. 389,§ 81, eff. 7/24/2019.

Acts 1955, No. 43, § 2; 1959, No. 34, § 2; A.S.A. 1947, § 80-2541.
Ark. Code Ann. § 20-14-503 — AR Code / Title 20 / Chapter 14 / Subchapter 5 / Section 20-14-503
Statewide system of programs - Minimum requirements
Status: in_force

(a) A statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing appropriate early intervention services to all developmentally delayed infants and toddlers and their families shall include the minimum components under subsection (b) of this section. (b) The statewide system required by subsection (a) of this section shall include, at a minimum: (1) A definition of the term "developmentally delayed" that shall be used by the state in carrying out programs under this section; (2) Timetables for ensuring appropriate early intervention services available to all developmentally delayed infants and toddlers in the state consistent with the federal timetables for the implementation of Pub. L. No. 99-457; (3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each developmentally delayed infant and toddler in the state and the needs of the families to appropriately assist in the development of the developmentally delayed infant or toddler; (4) For each developmentally delayed infant and toddler in the state, an individualized family service plan in accordance with federal regulations under Pub. L. No. 99-457, including case management services in accordance with the service plan; (5) A comprehensive child-find system, consistent with federal requirements, including a system for making referrals to service providers that includes timelines and provides for the participation by primary referral sources; (6) A public awareness program focusing on early identification of infants and toddlers with developmental delays; (7) A central directory which includes early intervention services, resources, and experts available in the state, and research and demonstration projects being conducted in the state; (8) A comprehensive system of personnel development; (9) A single line of responsibility in a lead agency designated or established by the Governor for carrying out: (A) The general administration and supervision of programs and activities receiving assistance under Pub. L. No. 99-457, and the monitoring of programs and activities used by the state to carry out Part H of Pub. L. No. 99-457, whether or not such programs or activities receive Part H assistance, to ensure that the state complies with the requirements of Part H of Pub. L. No. 99-457; (B) The identification and coordination of all available resources within the state from federal, state, local, and private sources; (C) The assignment of financial responsibility to the appropriate agency; (D) The development of procedures to ensure that services are provided to infants and toddlers with developmental delays and their families in a timely manner pending the resolution of any disputes between public agencies or service providers; (E) The resolution of intraagency and interagency disputes; and (F) The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services, consistent with state law, and procedures for resolving disputes that include all additional components necessary to ensure meaningful cooperation and coordination; (10) A policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in the state, consistent with the provisions of this section, including the contents of the application used and the conditions of the contract or other arrangements; (11) A procedure for securing timely reimbursement of funds; (12) Procedural safeguards with respect to programs; (13) Policies and procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out this subchapter are appropriately and adequately prepared and trained, including: (A) The establishment and maintenance of standards which are consistent with any state-approved or state-recognized certification, licensing, registration, or other comparable requirements which apply to the area in which personnel are providing early intervention services; and (B) To the extent that the standards are not based on the highest requirements in the state applicable to a specific profession or discipline, the steps the state is taking to require the retraining or hiring of personnel who meet appropriate professional requirements in the state; (14) A system for compiling data on the numbers of infants and toddlers with disabilities and their families in the state in need of appropriate early intervention services, which may be based on a sampling of data, the number of such infants and toddlers and their families served, the types of services provided, which may be based on a sampling of data, and other information required by the United States Secretary of Education; (15) A process for increasing early intervention services and developing services in unserved areas by giving existing providers an opportunity to provide additional services in their service areas and by implementing a request for a proposal process for developing services in areas where there is no existing provider; and (16) (A) An interagency agreement entered into by the Department of Health and the Department of Human Services providing that the names and addresses from birth records of the infants or toddlers and their families who, based on the information ascertainable from those birth records, are eligible for early intervention services shall be made available between these agencies. (B) The agency requesting or receiving confidential information pursuant to the interagency agreement shall take appropriate measures to protect and maintain the confidentiality of the information and shall not release or disclose the information except as necessary to accomplish the objectives of the system. Acts 1987, No. 658, § 3; 1991, No. 393, § 1; 1991, No. 1017, § 2; 1993, No. 937, § 1.

(a) A statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing appropriate early intervention services to all developmentally delayed infants and toddlers and their families shall include the minimum components under subsection (b) of this section.

(b) The statewide system required by subsection (a) of this section shall include, at a minimum: (1) A definition of the term "developmentally delayed" that shall be used by the state in carrying out programs under this section; (2) Timetables for ensuring appropriate early intervention services available to all developmentally delayed infants and toddlers in the state consistent with the federal timetables for the implementation of Pub. L. No. 99-457; (3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each developmentally delayed infant and toddler in the state and the needs of the families to appropriately assist in the development of the developmentally delayed infant or toddler; (4) For each developmentally delayed infant and toddler in the state, an individualized family service plan in accordance with federal regulations under Pub. L. No. 99-457, including case management services in accordance with the service plan; (5) A comprehensive child-find system, consistent with federal requirements, including a system for making referrals to service providers that includes timelines and provides for the participation by primary referral sources; (6) A public awareness program focusing on early identification of infants and toddlers with developmental delays; (7) A central directory which includes early intervention services, resources, and experts available in the state, and research and demonstration projects being conducted in the state; (8) A comprehensive system of personnel development; (9) A single line of responsibility in a lead agency designated or established by the Governor for carrying out: (A) The general administration and supervision of programs and activities receiving assistance under Pub. L. No. 99-457, and the monitoring of programs and activities used by the state to carry out Part H of Pub. L. No. 99-457, whether or not such programs or activities receive Part H assistance, to ensure that the state complies with the requirements of Part H of Pub. L. No. 99-457; (B) The identification and coordination of all available resources within the state from federal, state, local, and private sources; (C) The assignment of financial responsibility to the appropriate agency; (D) The development of procedures to ensure that services are provided to infants and toddlers with developmental delays and their families in a timely manner pending the resolution of any disputes between public agencies or service providers; (E) The resolution of intraagency and interagency disputes; and (F) The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services, consistent with state law, and procedures for resolving disputes that include all additional components necessary to ensure meaningful cooperation and coordination; (10) A policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in the state, consistent with the provisions of this section, including the contents of the application used and the conditions of the contract or other arrangements; (11) A procedure for securing timely reimbursement of funds; (12) Procedural safeguards with respect to programs; (13) Policies and procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out this subchapter are appropriately and adequately prepared and trained, including: (A) The establishment and maintenance of standards which are consistent with any state-approved or state-recognized certification, licensing, registration, or other comparable requirements which apply to the area in which personnel are providing early intervention services; and (B) To the extent that the standards are not based on the highest requirements in the state applicable to a specific profession or discipline, the steps the state is taking to require the retraining or hiring of personnel who meet appropriate professional requirements in the state; (14) A system for compiling data on the numbers of infants and toddlers with disabilities and their families in the state in need of appropriate early intervention services, which may be based on a sampling of data, the number of such infants and toddlers and their families served, the types of services provided, which may be based on a sampling of data, and other information required by the United States Secretary of Education; (15) A process for increasing early intervention services and developing services in unserved areas by giving existing providers an opportunity to provide additional services in their service areas and by implementing a request for a proposal process for developing services in areas where there is no existing provider; and (16) (A) An interagency agreement entered into by the Department of Health and the Department of Human Services providing that the names and addresses from birth records of the infants or toddlers and their families who, based on the information ascertainable from those birth records, are eligible for early intervention services shall be made available between these agencies. (B) The agency requesting or receiving confidential information pursuant to the interagency agreement shall take appropriate measures to protect and maintain the confidentiality of the information and shall not release or disclose the information except as necessary to accomplish the objectives of the system.

(1) A definition of the term "developmentally delayed" that shall be used by the state in carrying out programs under this section;

(2) Timetables for ensuring appropriate early intervention services available to all developmentally delayed infants and toddlers in the state consistent with the federal timetables for the implementation of Pub. L. No. 99-457;

(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each developmentally delayed infant and toddler in the state and the needs of the families to appropriately assist in the development of the developmentally delayed infant or toddler;

(4) For each developmentally delayed infant and toddler in the state, an individualized family service plan in accordance with federal regulations under Pub. L. No. 99-457, including case management services in accordance with the service plan;

(5) A comprehensive child-find system, consistent with federal requirements, including a system for making referrals to service providers that includes timelines and provides for the participation by primary referral sources;

(6) A public awareness program focusing on early identification of infants and toddlers with developmental delays;

(7) A central directory which includes early intervention services, resources, and experts available in the state, and research and demonstration projects being conducted in the state;

(8) A comprehensive system of personnel development;

(9) A single line of responsibility in a lead agency designated or established by the Governor for carrying out: (A) The general administration and supervision of programs and activities receiving assistance under Pub. L. No. 99-457, and the monitoring of programs and activities used by the state to carry out Part H of Pub. L. No. 99-457, whether or not such programs or activities receive Part H assistance, to ensure that the state complies with the requirements of Part H of Pub. L. No. 99-457; (B) The identification and coordination of all available resources within the state from federal, state, local, and private sources; (C) The assignment of financial responsibility to the appropriate agency; (D) The development of procedures to ensure that services are provided to infants and toddlers with developmental delays and their families in a timely manner pending the resolution of any disputes between public agencies or service providers; (E) The resolution of intraagency and interagency disputes; and (F) The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services, consistent with state law, and procedures for resolving disputes that include all additional components necessary to ensure meaningful cooperation and coordination;

(A) The general administration and supervision of programs and activities receiving assistance under Pub. L. No. 99-457, and the monitoring of programs and activities used by the state to carry out Part H of Pub. L. No. 99-457, whether or not such programs or activities receive Part H assistance, to ensure that the state complies with the requirements of Part H of Pub. L. No. 99-457;

(B) The identification and coordination of all available resources within the state from federal, state, local, and private sources;

(C) The assignment of financial responsibility to the appropriate agency;

(D) The development of procedures to ensure that services are provided to infants and toddlers with developmental delays and their families in a timely manner pending the resolution of any disputes between public agencies or service providers;

(E) The resolution of intraagency and interagency disputes; and

(F) The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services, consistent with state law, and procedures for resolving disputes that include all additional components necessary to ensure meaningful cooperation and coordination;

(10) A policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in the state, consistent with the provisions of this section, including the contents of the application used and the conditions of the contract or other arrangements;

(11) A procedure for securing timely reimbursement of funds;

(12) Procedural safeguards with respect to programs;

(13) Policies and procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out this subchapter are appropriately and adequately prepared and trained, including: (A) The establishment and maintenance of standards which are consistent with any state-approved or state-recognized certification, licensing, registration, or other comparable requirements which apply to the area in which personnel are providing early intervention services; and (B) To the extent that the standards are not based on the highest requirements in the state applicable to a specific profession or discipline, the steps the state is taking to require the retraining or hiring of personnel who meet appropriate professional requirements in the state;

(A) The establishment and maintenance of standards which are consistent with any state-approved or state-recognized certification, licensing, registration, or other comparable requirements which apply to the area in which personnel are providing early intervention services; and

(B) To the extent that the standards are not based on the highest requirements in the state applicable to a specific profession or discipline, the steps the state is taking to require the retraining or hiring of personnel who meet appropriate professional requirements in the state;

(14) A system for compiling data on the numbers of infants and toddlers with disabilities and their families in the state in need of appropriate early intervention services, which may be based on a sampling of data, the number of such infants and toddlers and their families served, the types of services provided, which may be based on a sampling of data, and other information required by the United States Secretary of Education;

(15) A process for increasing early intervention services and developing services in unserved areas by giving existing providers an opportunity to provide additional services in their service areas and by implementing a request for a proposal process for developing services in areas where there is no existing provider; and

(16) (A) An interagency agreement entered into by the Department of Health and the Department of Human Services providing that the names and addresses from birth records of the infants or toddlers and their families who, based on the information ascertainable from those birth records, are eligible for early intervention services shall be made available between these agencies. (B) The agency requesting or receiving confidential information pursuant to the interagency agreement shall take appropriate measures to protect and maintain the confidentiality of the information and shall not release or disclose the information except as necessary to accomplish the objectives of the system.

(A) An interagency agreement entered into by the Department of Health and the Department of Human Services providing that the names and addresses from birth records of the infants or toddlers and their families who, based on the information ascertainable from those birth records, are eligible for early intervention services shall be made available between these agencies.

(B) The agency requesting or receiving confidential information pursuant to the interagency agreement shall take appropriate measures to protect and maintain the confidentiality of the information and shall not release or disclose the information except as necessary to accomplish the objectives of the system.

Acts 1987, No. 658, § 3; 1991, No. 393, § 1; 1991, No. 1017, § 2; 1993, No. 937, § 1.
Ark. Code Ann. § 20-10-1502 — AR Code / Title 20 / Chapter 10 / Subchapter 15 / Section 20-10-1502
Legislative findings
Status: in_force

The General Assembly finds and declares that: (1) Certain long-term care facilities claim to provide special care units and services for persons who have Alzheimer's disease or related dementia; (2) It is in the public interest to provide for the protection of consumers regarding the accuracy and authenticity of the claims; and (3) The provisions of this subchapter are intended to require such facilities to actually provide the care that they claim to offer, to require records of the claims to be kept, and to require the appropriate state licensing agency to examine their performance and provide penalties as the agency deems appropriate. Acts 1999, No. 484, § 2; 2001, No. 500, § 1.

The General Assembly finds and declares that:

(1) Certain long-term care facilities claim to provide special care units and services for persons who have Alzheimer's disease or related dementia;

(2) It is in the public interest to provide for the protection of consumers regarding the accuracy and authenticity of the claims; and

(3) The provisions of this subchapter are intended to require such facilities to actually provide the care that they claim to offer, to require records of the claims to be kept, and to require the appropriate state licensing agency to examine their performance and provide penalties as the agency deems appropriate.

Acts 1999, No. 484, § 2; 2001, No. 500, § 1.
Ark. Code Ann. § 20-10-2510 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2510
Construction
Status: in_force

(a) This subchapter does not supersede any state law or rule that contains more rigorous training requirements for some covered staff members. (b) If any state law or rule overlaps with this subchapter, the Department of Human Services shall avoid duplication of requirements while ensuring that the minimum requirements under this subchapter are met. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

(a) This subchapter does not supersede any state law or rule that contains more rigorous training requirements for some covered staff members.

(b) If any state law or rule overlaps with this subchapter, the Department of Human Services shall avoid duplication of requirements while ensuring that the minimum requirements under this subchapter are met.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-16-2401 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Every Mom Matters Act". Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Every Mom Matters Act".

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-10-1006 — AR Code / Title 20 / Chapter 10 / Subchapter 10 / Section 20-10-1006
Residents' councils - Staff coordinators - Family councils
Status: in_force

(a) The Department of Human Services shall prescribe through rule the establishment of a residents' council within each long-term care facility. The residents' council's duties shall include without limitation: (1) Review of procedures of the facility for implementation of residents' rights; (2) Making recommendations for changes or additions to the facility's policies and procedures, including programming; (3) Representing residents in their complaints to the department or any other person or agency; and (4) Assisting in early identification of problems and orderly resolution of problems. (b) (1) The facility administrator shall designate a staff coordinator and designate space within the facility for the residents' council. (2) The staff coordinator shall assist the residents' council in scheduling regular meetings and preparing written reports of meetings for dissemination to all residents of the facility. (3) The staff coordinator may be excluded from any meeting of the residents' council. (c) (1) The department shall prescribe rules that encourage the establishment of family councils for residents' families to meet in the facility with the families of other residents. (2) The department shall require each facility to inform residents' families of their right to establish a family council within the facility. (d) (1) Failure to comply with the requirement of establishment and operation of a residents' council as prescribed by the department shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed. (2) Any appeal shall be under the procedure set forth in § 20-10-208 . Amended by Act 2021, No. 1017,§ 13, eff. 7/28/2021. Amended by Act 2021, No. 1017,§ 12, eff. 7/28/2021. Amended by Act 2021, No. 1017,§ 11, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1897, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1896, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 17, § 1.

(a) The Department of Human Services shall prescribe through rule the establishment of a residents' council within each long-term care facility. The residents' council's duties shall include without limitation: (1) Review of procedures of the facility for implementation of residents' rights; (2) Making recommendations for changes or additions to the facility's policies and procedures, including programming; (3) Representing residents in their complaints to the department or any other person or agency; and (4) Assisting in early identification of problems and orderly resolution of problems.

(1) Review of procedures of the facility for implementation of residents' rights;

(2) Making recommendations for changes or additions to the facility's policies and procedures, including programming;

(3) Representing residents in their complaints to the department or any other person or agency; and

(4) Assisting in early identification of problems and orderly resolution of problems.

(b) (1) The facility administrator shall designate a staff coordinator and designate space within the facility for the residents' council. (2) The staff coordinator shall assist the residents' council in scheduling regular meetings and preparing written reports of meetings for dissemination to all residents of the facility. (3) The staff coordinator may be excluded from any meeting of the residents' council.

(1) The facility administrator shall designate a staff coordinator and designate space within the facility for the residents' council.

(2) The staff coordinator shall assist the residents' council in scheduling regular meetings and preparing written reports of meetings for dissemination to all residents of the facility.

(3) The staff coordinator may be excluded from any meeting of the residents' council.

(c) (1) The department shall prescribe rules that encourage the establishment of family councils for residents' families to meet in the facility with the families of other residents. (2) The department shall require each facility to inform residents' families of their right to establish a family council within the facility.

(1) The department shall prescribe rules that encourage the establishment of family councils for residents' families to meet in the facility with the families of other residents.

(2) The department shall require each facility to inform residents' families of their right to establish a family council within the facility.

(d) (1) Failure to comply with the requirement of establishment and operation of a residents' council as prescribed by the department shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed. (2) Any appeal shall be under the procedure set forth in § 20-10-208 .

(1) Failure to comply with the requirement of establishment and operation of a residents' council as prescribed by the department shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.

(2) Any appeal shall be under the procedure set forth in § 20-10-208 .

Amended by Act 2021, No. 1017,§ 13, eff. 7/28/2021.

Amended by Act 2021, No. 1017,§ 12, eff. 7/28/2021.

Amended by Act 2021, No. 1017,§ 11, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1897, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1896, eff. 7/24/2019.

Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Ark. Code Ann. § 20-13-1108 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1108
Additional checks
Status: in_force

The Division of Emergency Medical Services maintains the right to conduct additional criminal history checks at the cost of the division on applicants or Arkansas-licensed emergency medical services personnel under investigation for violation of current emergency medical services laws or rules. Acts 1999, No. 666, § 3; 2009, No. 689, § 17.

The Division of Emergency Medical Services maintains the right to conduct additional criminal history checks at the cost of the division on applicants or Arkansas-licensed emergency medical services personnel under investigation for violation of current emergency medical services laws or rules.

Acts 1999, No. 666, § 3; 2009, No. 689, § 17.
Ark. Code Ann. § 20-48-609 — AR Code / Title 20 / Chapter 48 / Subchapter 6 / Section 20-48-609
Comprehensive plans
Status: in_force

(a) Any political subdivision which currently has zoning restrictions or hereafter adopts zoning restrictions may develop a comprehensive plan for providing adequate sites for Family Homes I and Family Homes II and submit the plan to the Division of Developmental Disabilities Services of the Department of Human Services along with population and occupancy statistics reflecting compliance with the limits established pursuant to § 20-48-606(a)(1)(A) and (B) . (b) The plan may also delineate unsuitable sites due to high risks set forth in § 20-48-606(4) . (c) The division shall thereafter consult the comprehensive plan filed by the political subdivision in considering licensure of Family Homes I and Family Homes II for that political subdivision. Acts 1987, No. 611, § 9.

(a) Any political subdivision which currently has zoning restrictions or hereafter adopts zoning restrictions may develop a comprehensive plan for providing adequate sites for Family Homes I and Family Homes II and submit the plan to the Division of Developmental Disabilities Services of the Department of Human Services along with population and occupancy statistics reflecting compliance with the limits established pursuant to § 20-48-606(a)(1)(A) and (B) .

(b) The plan may also delineate unsuitable sites due to high risks set forth in § 20-48-606(4) .

(c) The division shall thereafter consult the comprehensive plan filed by the political subdivision in considering licensure of Family Homes I and Family Homes II for that political subdivision.

Acts 1987, No. 611, § 9.
Ark. Code Ann. § 20-10-1801 — AR Code / Title 20 / Chapter 10 / Subchapter 18 / Section 20-10-1801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Long-Term Care Facilities Emergency Generator Act of 2001". Acts 2001, No. 1602, § 1.

This subchapter shall be known and may be cited as the "Long-Term Care Facilities Emergency Generator Act of 2001".

Acts 2001, No. 1602, § 1.
Ark. Code Ann. § 20-47-1003 — AR Code / Title 20 / Chapter 47 / Subchapter 10 / Section 20-47-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Certified mental health professional" means a psychiatrist, psychologist, advanced practice registered nurse, therapist, counselor, or social worker licensed in this state and certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as: (A) Fluent in one (1) or more primary communication methods; (B) A specialist who is trained and experienced in working skillfully with interpreters; and (C) Knowledgeable of the cultural needs of clients; (2) "Client" means an individual who is deaf or hard of hearing and who is in need of mental health services; (3) "Communication method" means any of the following systems of communication used by clients: (A) American Sign Language; (B) An English-based manual or sign system; (C) A highly visually oriented and minimal sign language system to communicate, including without limitation a home-sign-based system, idiosyncratic signs, a sign system or language of another country, or nonlinguistic or semilinguistic communication systems designed to meet the needs of language-deprived or dysfluent individuals; or (D) An oral, aural, or speech-based sign system; (4) "Culturally affirmative mental health services" means the full continuum of mental health services that are sensitive to, and in support of, the diverse cultural affiliations, including the affiliation with the deaf community and culture, and needs of the client that are delivered by certified mental health professionals and ancillary staff; (5) "Deaf" means: (A) The condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology; and (B) The unique culture, community, and identity of an individual who is deaf that has a set of beliefs, values, and traditions; (6) "English-based manual or sign system" means a sign system that uses manual signs in English word order, sometimes with added affixes that are not present in American Sign Language; (7) "Fluent" means a score of "Advanced" or higher for certified mental health professionals and "Intermediate Plus" for other licensed and nonlicensed ancillary staff qualified to work in a mental health setting on a sign language communication skills assessment, including without limitation the Sign Language Proficiency Interview assessment and other communication skills assessments; (8) "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, that may be corrected by amplification or other hearing assistive technology, but yet presents challenges in processing linguistic information through hearing; (9) "Interpreter" means a licensed qualified interpreter or a licensed provisional interpreter as defined under § 20-14-802 ; (10) "Linguistically appropriate mental health services" means the full continuum of mental health services that are made available in the communication method preferred by the client or in the communication method that is determined to be most effective by a communication assessment; (11) "Oral, aural, or speech-based system" means a communication system that uses the speech or residual hearing, or both, of an individual who is deaf or hard of hearing, regardless of technology or cued assistance; and (12) "Primary communication method" means the communication method preferred by the individual who is deaf or hard of hearing that will be most effective, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both. Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.

As used in this subchapter:

(1) "Certified mental health professional" means a psychiatrist, psychologist, advanced practice registered nurse, therapist, counselor, or social worker licensed in this state and certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as: (A) Fluent in one (1) or more primary communication methods; (B) A specialist who is trained and experienced in working skillfully with interpreters; and (C) Knowledgeable of the cultural needs of clients;

(A) Fluent in one (1) or more primary communication methods;

(B) A specialist who is trained and experienced in working skillfully with interpreters; and

(C) Knowledgeable of the cultural needs of clients;

(2) "Client" means an individual who is deaf or hard of hearing and who is in need of mental health services;

(3) "Communication method" means any of the following systems of communication used by clients: (A) American Sign Language; (B) An English-based manual or sign system; (C) A highly visually oriented and minimal sign language system to communicate, including without limitation a home-sign-based system, idiosyncratic signs, a sign system or language of another country, or nonlinguistic or semilinguistic communication systems designed to meet the needs of language-deprived or dysfluent individuals; or (D) An oral, aural, or speech-based sign system;

(A) American Sign Language;

(B) An English-based manual or sign system;

(C) A highly visually oriented and minimal sign language system to communicate, including without limitation a home-sign-based system, idiosyncratic signs, a sign system or language of another country, or nonlinguistic or semilinguistic communication systems designed to meet the needs of language-deprived or dysfluent individuals; or

(D) An oral, aural, or speech-based sign system;

(4) "Culturally affirmative mental health services" means the full continuum of mental health services that are sensitive to, and in support of, the diverse cultural affiliations, including the affiliation with the deaf community and culture, and needs of the client that are delivered by certified mental health professionals and ancillary staff;

(5) "Deaf" means: (A) The condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology; and (B) The unique culture, community, and identity of an individual who is deaf that has a set of beliefs, values, and traditions;

(A) The condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology; and

(B) The unique culture, community, and identity of an individual who is deaf that has a set of beliefs, values, and traditions;

(6) "English-based manual or sign system" means a sign system that uses manual signs in English word order, sometimes with added affixes that are not present in American Sign Language;

(7) "Fluent" means a score of "Advanced" or higher for certified mental health professionals and "Intermediate Plus" for other licensed and nonlicensed ancillary staff qualified to work in a mental health setting on a sign language communication skills assessment, including without limitation the Sign Language Proficiency Interview assessment and other communication skills assessments;

(8) "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, that may be corrected by amplification or other hearing assistive technology, but yet presents challenges in processing linguistic information through hearing;

(9) "Interpreter" means a licensed qualified interpreter or a licensed provisional interpreter as defined under § 20-14-802 ;

(10) "Linguistically appropriate mental health services" means the full continuum of mental health services that are made available in the communication method preferred by the client or in the communication method that is determined to be most effective by a communication assessment;

(11) "Oral, aural, or speech-based system" means a communication system that uses the speech or residual hearing, or both, of an individual who is deaf or hard of hearing, regardless of technology or cued assistance; and

(12) "Primary communication method" means the communication method preferred by the individual who is deaf or hard of hearing that will be most effective, as determined by the preference of the individual who is deaf or hard of hearing or by an appropriate communication assessment, or both.

Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-78-108 — AR Code / Title 20 / Chapter 78 / Subchapter 1 / Section 20-78-108
University of Arkansas for Medical Sciences - Building Effective Services for Trauma - Report
Status: in_force

The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the University of Arkansas for Medical Sciences Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs provided to children and adolescents. Added by Act 2019, No. 986,§ 47, eff. 7/1/2019.

The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the University of Arkansas for Medical Sciences Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs provided to children and adolescents.

Added by Act 2019, No. 986,§ 47, eff. 7/1/2019.
Ark. Code Ann. § 20-9-602 — AR Code / Title 20 / Chapter 9 / Subchapter 6 / Section 20-9-602
Consent generally - Definition
Status: in_force

It is recognized and established that, in addition to other authorized persons, any one (1) of the following persons may consent, either orally or otherwise, to any surgical or medical treatment or procedure not prohibited by law that is suggested, recommended, prescribed, or directed by a licensed physician: (1) Any adult, for himself or herself; (2) (A) Any parent, whether an adult or a minor, for his or her minor child or for his or her adult child of unsound mind, whether the child is of the parent's blood, an adopted child, a stepchild, a foster child not in custody of the Department of Human Services, or a preadoptive child not in custody of the department. (B) However, the father of an illegitimate child cannot consent for the child solely on the basis of parenthood; (3) Any married person, whether an adult or a minor, for himself or herself; (4) Any female, regardless of age or marital status, for herself when given in connection with pregnancy or childbirth, except the unnatural interruption of a pregnancy; (5) Any person standing in loco parentis, whether formally serving or not, and any guardian, conservator, or custodian, for his or her ward or other charge under disability; (6) Any emancipated minor, for himself or herself; (7) Any unemancipated minor of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures, for himself or herself; (8) Any adult, for his or her minor sibling or his or her adult sibling of unsound mind; (9) During the absence of a parent so authorized and empowered, any maternal grandparent and, if the father is so authorized and empowered, any paternal grandparent, for his or her minor grandchild or for his or her adult grandchild of unsound mind; (10) Any married person, for a spouse of unsound mind; (11) Any adult child, for his or her mother or father of unsound mind; (12) Any minor incarcerated in the Division of Correction or the Division of Community Correction, for himself or herself; (13) (A) Any foster parent or preadoptive parent, for a child in custody of the department in: (i) (a) Emergency situations. (b) As used in this subdivision (13)(A)(i), "emergency situation" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; (ii) Routine medical treatment; (iii) Ongoing medical treatment; (iv) Nonsurgical procedures by a primary care provider; and (v) Nonsurgical procedures by a specialty care provider. (B) The department shall be given timely notice of all admissions and discharges consented to by a foster parent or preadoptive parent for a child in custody of the department. (C) The consent of a representative of the department is required for: (i) Nonemergency surgical procedures; (ii) Nonemergency invasive procedures; (iii) End-of-life nonemergency procedures, such as do-not-resuscitate orders, withdrawal of life support, and organ donation; and (iv) Nonemergency medical procedures relating to a criminal investigation or judicial proceeding that involves gathering forensic evidence; and (14) A local educational agency liaison for homeless children and youths under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2019, when the minor patient: (A) Meets the definition of a homeless child or youth under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2019; (B) Is not in the care or custody of a parent or guardian; and (C) Is not in the care or custody of the department. Amended by Act 2019, No. 910,§ 996, eff. 7/1/2019. Amended by Act 2019, No. 690,§ 1, eff. 4/4/2019. Acts 1973, No. 328, § 1; 1981, No. 511, § 1; A.S.A. 1947, § 82-363; Acts 1995, No. 632, § 1; 1997, No. 875, § 1; 2009, No. 700, § 1.

It is recognized and established that, in addition to other authorized persons, any one (1) of the following persons may consent, either orally or otherwise, to any surgical or medical treatment or procedure not prohibited by law that is suggested, recommended, prescribed, or directed by a licensed physician:

(1) Any adult, for himself or herself;

(2) (A) Any parent, whether an adult or a minor, for his or her minor child or for his or her adult child of unsound mind, whether the child is of the parent's blood, an adopted child, a stepchild, a foster child not in custody of the Department of Human Services, or a preadoptive child not in custody of the department. (B) However, the father of an illegitimate child cannot consent for the child solely on the basis of parenthood;

(A) Any parent, whether an adult or a minor, for his or her minor child or for his or her adult child of unsound mind, whether the child is of the parent's blood, an adopted child, a stepchild, a foster child not in custody of the Department of Human Services, or a preadoptive child not in custody of the department.

(B) However, the father of an illegitimate child cannot consent for the child solely on the basis of parenthood;

(3) Any married person, whether an adult or a minor, for himself or herself;

(4) Any female, regardless of age or marital status, for herself when given in connection with pregnancy or childbirth, except the unnatural interruption of a pregnancy;

(5) Any person standing in loco parentis, whether formally serving or not, and any guardian, conservator, or custodian, for his or her ward or other charge under disability;

(6) Any emancipated minor, for himself or herself;

(7) Any unemancipated minor of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures, for himself or herself;

(8) Any adult, for his or her minor sibling or his or her adult sibling of unsound mind;

(9) During the absence of a parent so authorized and empowered, any maternal grandparent and, if the father is so authorized and empowered, any paternal grandparent, for his or her minor grandchild or for his or her adult grandchild of unsound mind;

(10) Any married person, for a spouse of unsound mind;

(11) Any adult child, for his or her mother or father of unsound mind;

(12) Any minor incarcerated in the Division of Correction or the Division of Community Correction, for himself or herself;

(13) (A) Any foster parent or preadoptive parent, for a child in custody of the department in: (i) (a) Emergency situations. (b) As used in this subdivision (13)(A)(i), "emergency situation" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; (ii) Routine medical treatment; (iii) Ongoing medical treatment; (iv) Nonsurgical procedures by a primary care provider; and (v) Nonsurgical procedures by a specialty care provider. (B) The department shall be given timely notice of all admissions and discharges consented to by a foster parent or preadoptive parent for a child in custody of the department. (C) The consent of a representative of the department is required for: (i) Nonemergency surgical procedures; (ii) Nonemergency invasive procedures; (iii) End-of-life nonemergency procedures, such as do-not-resuscitate orders, withdrawal of life support, and organ donation; and (iv) Nonemergency medical procedures relating to a criminal investigation or judicial proceeding that involves gathering forensic evidence; and

(A) Any foster parent or preadoptive parent, for a child in custody of the department in: (i) (a) Emergency situations. (b) As used in this subdivision (13)(A)(i), "emergency situation" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; (ii) Routine medical treatment; (iii) Ongoing medical treatment; (iv) Nonsurgical procedures by a primary care provider; and (v) Nonsurgical procedures by a specialty care provider.

(i) (a) Emergency situations. (b) As used in this subdivision (13)(A)(i), "emergency situation" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties;

(a) Emergency situations.

(b) As used in this subdivision (13)(A)(i), "emergency situation" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties;

(ii) Routine medical treatment;

(iii) Ongoing medical treatment;

(iv) Nonsurgical procedures by a primary care provider; and

(v) Nonsurgical procedures by a specialty care provider.

(B) The department shall be given timely notice of all admissions and discharges consented to by a foster parent or preadoptive parent for a child in custody of the department.

(C) The consent of a representative of the department is required for: (i) Nonemergency surgical procedures; (ii) Nonemergency invasive procedures; (iii) End-of-life nonemergency procedures, such as do-not-resuscitate orders, withdrawal of life support, and organ donation; and (iv) Nonemergency medical procedures relating to a criminal investigation or judicial proceeding that involves gathering forensic evidence; and

(i) Nonemergency surgical procedures;

(ii) Nonemergency invasive procedures;

(iii) End-of-life nonemergency procedures, such as do-not-resuscitate orders, withdrawal of life support, and organ donation; and

(iv) Nonemergency medical procedures relating to a criminal investigation or judicial proceeding that involves gathering forensic evidence; and

(14) A local educational agency liaison for homeless children and youths under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2019, when the minor patient: (A) Meets the definition of a homeless child or youth under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2019; (B) Is not in the care or custody of a parent or guardian; and (C) Is not in the care or custody of the department.

(A) Meets the definition of a homeless child or youth under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2019;

(B) Is not in the care or custody of a parent or guardian; and

(C) Is not in the care or custody of the department.

Amended by Act 2019, No. 910,§ 996, eff. 7/1/2019.

Amended by Act 2019, No. 690,§ 1, eff. 4/4/2019.

Acts 1973, No. 328, § 1; 1981, No. 511, § 1; A.S.A. 1947, § 82-363; Acts 1995, No. 632, § 1; 1997, No. 875, § 1; 2009, No. 700, § 1.
Ark. Code Ann. § 20-64-507 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-507
Rules
Status: in_force

(a) The Arkansas State Board of Pharmacy shall adopt rules for the wholesale distribution of prescription drugs which promote the public health and welfare and which comply with the minimum standards, terms, and conditions of the Prescription Drug Marketing Act and federal regulations, including without limitations 21 C.F.R. § 205 , for licensing by state authorities of persons who engage in the wholesale distribution in interstate commerce of prescription drugs. The rules shall include without limitation: (1) Minimum information from each wholesale distributor required for licensing and renewal of licenses; (2) Minimum qualifications of persons who engage in the wholesale distribution of prescription drugs; (3) Appropriate education or experience, or both, of persons employed in wholesale distribution of prescription drugs who assume responsibility for positions related to compliance with state licensing requirements; (4) Minimum requirements for the storage and handling of prescription drugs; and (5) Minimum requirements for the establishment and maintenance of prescription drug distribution records. (b) In the event that this subchapter or rules promulgated under this subchapter conflict with the federal Prescription Drug Marketing Act or federal regulations, the federal Prescription Drug Marketing Act or federal regulations shall control. (c) The board shall appoint an advisory committee composed of seven (7) members, one (1) of whom shall be a representative of a pharmacy but who shall not be a member of the board, three (3) of whom shall be representatives of wholesale drug distributors, and three (3) of whom shall be representatives of drug manufacturers. The committee shall review and make recommendations to the board on the merit of all rules dealing with pharmacy distributors, wholesale drug distributors, and drug manufacturers which are proposed by the board. Amended by Act 2019, No. 315,§ 2229, 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, § 6.

(a) The Arkansas State Board of Pharmacy shall adopt rules for the wholesale distribution of prescription drugs which promote the public health and welfare and which comply with the minimum standards, terms, and conditions of the Prescription Drug Marketing Act and federal regulations, including without limitations 21 C.F.R. § 205 , for licensing by state authorities of persons who engage in the wholesale distribution in interstate commerce of prescription drugs. The rules shall include without limitation: (1) Minimum information from each wholesale distributor required for licensing and renewal of licenses; (2) Minimum qualifications of persons who engage in the wholesale distribution of prescription drugs; (3) Appropriate education or experience, or both, of persons employed in wholesale distribution of prescription drugs who assume responsibility for positions related to compliance with state licensing requirements; (4) Minimum requirements for the storage and handling of prescription drugs; and (5) Minimum requirements for the establishment and maintenance of prescription drug distribution records.

(1) Minimum information from each wholesale distributor required for licensing and renewal of licenses;

(2) Minimum qualifications of persons who engage in the wholesale distribution of prescription drugs;

(3) Appropriate education or experience, or both, of persons employed in wholesale distribution of prescription drugs who assume responsibility for positions related to compliance with state licensing requirements;

(4) Minimum requirements for the storage and handling of prescription drugs; and

(5) Minimum requirements for the establishment and maintenance of prescription drug distribution records.

(b) In the event that this subchapter or rules promulgated under this subchapter conflict with the federal Prescription Drug Marketing Act or federal regulations, the federal Prescription Drug Marketing Act or federal regulations shall control.

(c) The board shall appoint an advisory committee composed of seven (7) members, one (1) of whom shall be a representative of a pharmacy but who shall not be a member of the board, three (3) of whom shall be representatives of wholesale drug distributors, and three (3) of whom shall be representatives of drug manufacturers. The committee shall review and make recommendations to the board on the merit of all rules dealing with pharmacy distributors, wholesale drug distributors, and drug manufacturers which are proposed by the board.

Amended by Act 2019, No. 315,§ 2229, 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, § 6.
Ark. Code Ann. § 20-14-205 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-205
Meetings
Status: in_force

(a) A notice of regular and special meetings shall be mailed to members of the Governor's Commission on People with Disabilities not less than ten (10) days in advance. An agenda for the meeting shall accompany the notice of meeting. (b) A quorum shall consist of not less than one-third (1/3) of the membership plus one (1) additional member. (c) The conduct of all meetings shall be governed by Robert's Rules of Order, Revised, unless a majority of those attending vote to lay rules aside for a particular meeting. Acts 1985, No. 911, § 8; A.S.A. 1947, § 82-2915.

(a) A notice of regular and special meetings shall be mailed to members of the Governor's Commission on People with Disabilities not less than ten (10) days in advance. An agenda for the meeting shall accompany the notice of meeting.

(b) A quorum shall consist of not less than one-third (1/3) of the membership plus one (1) additional member.

(c) The conduct of all meetings shall be governed by Robert's Rules of Order, Revised, unless a majority of those attending vote to lay rules aside for a particular meeting.

Acts 1985, No. 911, § 8; A.S.A. 1947, § 82-2915.
Ark. Code Ann. § 20-78-803 — AR Code / Title 20 / Chapter 78 / Subchapter 8 / Section 20-78-803
Professional development
Status: in_force

A person holding a birth through prekindergarten teaching credential under this subchapter shall complete a minimum number of hours of professional development in early childhood development or early childhood education as determined by the Division of Child Care and Early Childhood Education of the Department of Human Services. Acts 2009, No. 187, § 3.

A person holding a birth through prekindergarten teaching credential under this subchapter shall complete a minimum number of hours of professional development in early childhood development or early childhood education as determined by the Division of Child Care and Early Childhood Education of the Department of Human Services.

Acts 2009, No. 187, § 3.
Ark. Code Ann. § 20-14-704 — AR Code / Title 20 / Chapter 14 / Subchapter 7 / Section 20-14-704
Rehabilitative services
Status: in_force

(a) Within thirty (30) business days of the report and identification of a person with a disability resulting from a traumatic head injury under § 20-14-703 , the Department of Health or an authorized agent of the Department of Health shall notify the person with a disability or the most immediate family members of their right to assistance from the state, the services available, and the eligibility requirements. (b) The Department of Health or an authorized agent of the Department of Health shall refer a person with a disability resulting from a traumatic head injury to appropriate divisions, departments, and other state agencies to ensure that maximum available rehabilitative services, if desired, are obtained by the person with a disability resulting from a traumatic head injury. (c) All other agencies of the state shall cooperate with the Department of Health or an authorized agent of the Department of Health to ensure that appropriate total rehabilitative and other services are available. Amended by Act 2023, No. 355,§ 2, eff. 8/1/2023. Acts 1989, No. 491, § 1.

(a) Within thirty (30) business days of the report and identification of a person with a disability resulting from a traumatic head injury under § 20-14-703 , the Department of Health or an authorized agent of the Department of Health shall notify the person with a disability or the most immediate family members of their right to assistance from the state, the services available, and the eligibility requirements.

(b) The Department of Health or an authorized agent of the Department of Health shall refer a person with a disability resulting from a traumatic head injury to appropriate divisions, departments, and other state agencies to ensure that maximum available rehabilitative services, if desired, are obtained by the person with a disability resulting from a traumatic head injury.

(c) All other agencies of the state shall cooperate with the Department of Health or an authorized agent of the Department of Health to ensure that appropriate total rehabilitative and other services are available.

Amended by Act 2023, No. 355,§ 2, eff. 8/1/2023.

Acts 1989, No. 491, § 1.
Ark. Code Ann. § 20-57-209 — AR Code / Title 20 / Chapter 57 / Subchapter 2 / Section 20-57-209
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1040,§ 2, eff. 7/28/2021. Added by Act 2019, No. 775,§ 2, eff. 7/24/2019.

Repealed by Act 2021, No. 1040,§ 2, eff. 7/28/2021.

Added by Act 2019, No. 775,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-77-1716 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1716
Promulgation of rules
Status: in_force

The Department of Human Services may promulgate rules to implement this subchapter. Acts 2007, No. 596, § 7.

The Department of Human Services may promulgate rules to implement this subchapter.

Acts 2007, No. 596, § 7.
Ark. Code Ann. § 20-27-1601 — AR Code / Title 20 / Chapter 27 / Subchapter 16 / Section 20-27-1601
Title
Status: in_force

This subchapter shall be known as the "Children's Product Safety Act of Arkansas". Acts 2001, No. 1313, § 1.

This subchapter shall be known as the "Children's Product Safety Act of Arkansas".

Acts 2001, No. 1313, § 1.
Ark. Code Ann. § 20-13-810 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-810
Grants for Level I trauma centers
Status: in_force

(a) (1) An entity that meets the preliminary criteria for a Level I trauma center under the rules of the State Board of Health may be eligible for the Level I trauma center start-up grant that is used to qualify for the status of a Level I trauma center and for trauma readiness costs associated with the care of trauma patients. (2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level I trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level I trauma center status within eighteen (18) months. (b) (1) An established Level I trauma center may be eligible for a sustaining grant if the Level I trauma center: (A) Has achieved Level I trauma center status and is currently at Level I status; and (B) Demonstrates continued capability to maintain Level I trauma center status. (2) This grant may be an annual grant and may have an annual renewal process for Level I trauma centers that meet the criteria under this subsection. Acts 2009, No. 393, § 1.

(a) (1) An entity that meets the preliminary criteria for a Level I trauma center under the rules of the State Board of Health may be eligible for the Level I trauma center start-up grant that is used to qualify for the status of a Level I trauma center and for trauma readiness costs associated with the care of trauma patients. (2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level I trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level I trauma center status within eighteen (18) months.

(1) An entity that meets the preliminary criteria for a Level I trauma center under the rules of the State Board of Health may be eligible for the Level I trauma center start-up grant that is used to qualify for the status of a Level I trauma center and for trauma readiness costs associated with the care of trauma patients.

(2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level I trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level I trauma center status within eighteen (18) months.

(A) Meet the preliminary criteria for Level I trauma center status as determined by the Department of Health; and

(B) Demonstrate the capability of fully achieving Level I trauma center status within eighteen (18) months.

(b) (1) An established Level I trauma center may be eligible for a sustaining grant if the Level I trauma center: (A) Has achieved Level I trauma center status and is currently at Level I status; and (B) Demonstrates continued capability to maintain Level I trauma center status. (2) This grant may be an annual grant and may have an annual renewal process for Level I trauma centers that meet the criteria under this subsection.

(1) An established Level I trauma center may be eligible for a sustaining grant if the Level I trauma center: (A) Has achieved Level I trauma center status and is currently at Level I status; and (B) Demonstrates continued capability to maintain Level I trauma center status.

(A) Has achieved Level I trauma center status and is currently at Level I status; and

(B) Demonstrates continued capability to maintain Level I trauma center status.

(2) This grant may be an annual grant and may have an annual renewal process for Level I trauma centers that meet the criteria under this subsection.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-23-301 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-301
Certificate of inspection required - Application of rules and standards - Penalties
Status: in_force

(a) (1) No owner or user of a boiler or pressure vessel or engineer or fireman in charge of a boiler or pressure vessel shall operate or allow the boiler or pressure vessel to be operated without a certificate of inspection issued by the Director of the Division of Labor or shall allow a greater pressure in the boiler or pressure vessel than is allowed by the certificate of inspection. (2) (A) All boilers and pressure vessels installed or in operation in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director. (B) The rules and standards shall not exceed those set out in the several sections of the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers and shall have the force of law immediately upon their approval by the director. (3) No person shall operate or cause to be operated any boiler or unfired pressure vessel on which the certificate of inspection has been suspended or the operation of which has been forbidden by an inspector as provided in §§ 20-23-203 , 20-23-306 , 20-23-310 , 20-23-401 , and 20-23-402 . (4) All pressure piping installed in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director. The rules and standards shall not exceed those set out in the American Society of Mechanical Engineers Code for Pressure Piping, Power Piping Code, B31.1. (b) Any person violating this section shall be subject to an administrative fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000). Amended by Act 2019, No. 315,§ 2052, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2051, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5456, eff. 7/1/2019. Acts 1961, No. 494, § 5; A.S.A. 1947, § 81-505; Acts 1993, No. 477, § 4; 1999, No. 982, § 8; 2005, No. 1012, § 4.

(a) (1) No owner or user of a boiler or pressure vessel or engineer or fireman in charge of a boiler or pressure vessel shall operate or allow the boiler or pressure vessel to be operated without a certificate of inspection issued by the Director of the Division of Labor or shall allow a greater pressure in the boiler or pressure vessel than is allowed by the certificate of inspection. (2) (A) All boilers and pressure vessels installed or in operation in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director. (B) The rules and standards shall not exceed those set out in the several sections of the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers and shall have the force of law immediately upon their approval by the director. (3) No person shall operate or cause to be operated any boiler or unfired pressure vessel on which the certificate of inspection has been suspended or the operation of which has been forbidden by an inspector as provided in §§ 20-23-203 , 20-23-306 , 20-23-310 , 20-23-401 , and 20-23-402 . (4) All pressure piping installed in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director. The rules and standards shall not exceed those set out in the American Society of Mechanical Engineers Code for Pressure Piping, Power Piping Code, B31.1.

(1) No owner or user of a boiler or pressure vessel or engineer or fireman in charge of a boiler or pressure vessel shall operate or allow the boiler or pressure vessel to be operated without a certificate of inspection issued by the Director of the Division of Labor or shall allow a greater pressure in the boiler or pressure vessel than is allowed by the certificate of inspection.

(2) (A) All boilers and pressure vessels installed or in operation in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director. (B) The rules and standards shall not exceed those set out in the several sections of the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers and shall have the force of law immediately upon their approval by the director.

(A) All boilers and pressure vessels installed or in operation in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director.

(B) The rules and standards shall not exceed those set out in the several sections of the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers and shall have the force of law immediately upon their approval by the director.

(3) No person shall operate or cause to be operated any boiler or unfired pressure vessel on which the certificate of inspection has been suspended or the operation of which has been forbidden by an inspector as provided in §§ 20-23-203 , 20-23-306 , 20-23-310 , 20-23-401 , and 20-23-402 .

(4) All pressure piping installed in this state shall conform to those rules and standards that shall from time to time be adopted by the Boiler Inspection Division with the approval of the director. The rules and standards shall not exceed those set out in the American Society of Mechanical Engineers Code for Pressure Piping, Power Piping Code, B31.1.

(b) Any person violating this section shall be subject to an administrative fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000).

Amended by Act 2019, No. 315,§ 2052, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2051, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5456, eff. 7/1/2019.

Acts 1961, No. 494, § 5; A.S.A. 1947, § 81-505; Acts 1993, No. 477, § 4; 1999, No. 982, § 8; 2005, No. 1012, § 4.
Ark. Code Ann. § 20-59-219 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-219
Unlawful acts - Improper testing apparatus
Status: in_force

It shall be unlawful to use other than specifications for apparatus and chemicals and directions for testing milk and cream which conform to those adopted by AOAC International or the American Dairy Science Association with such additions as are deemed advisable to make them applicable to the provisions of this subchapter. All types of test tubes, bottles, pipettes, instruments, or specified weights used in connection with testing or determining the value of milk, cream, or other dairy products by the use of the Babcock test shall be approved by AOAC International or the American Dairy Science Association. Cream test weights shall be certified by the manufacturer as to accuracy and stamped on both top and bottom. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to use other than specifications for apparatus and chemicals and directions for testing milk and cream which conform to those adopted by AOAC International or the American Dairy Science Association with such additions as are deemed advisable to make them applicable to the provisions of this subchapter. All types of test tubes, bottles, pipettes, instruments, or specified weights used in connection with testing or determining the value of milk, cream, or other dairy products by the use of the Babcock test shall be approved by AOAC International or the American Dairy Science Association. Cream test weights shall be certified by the manufacturer as to accuracy and stamped on both top and bottom.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-17-213 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-213
Effect of previous declaration
Status: in_force

An instrument executed before July 20, 1987, which substantially complies with § 20-17-202(a) must be given effect pursuant to the provision of this subchapter. Acts 1987, No. 713, § 13.

An instrument executed before July 20, 1987, which substantially complies with § 20-17-202(a) must be given effect pursuant to the provision of this subchapter.

Acts 1987, No. 713, § 13.
Ark. Code Ann. § 20-14-502 — AR Code / Title 20 / Chapter 14 / Subchapter 5 / Section 20-14-502
Definitions
Status: in_force

As used in this subchapter: (1) "Council" means the State Interagency Council; (2) "Developmental delay" means a child is delayed in any one (1) or more of the following areas: (A) Physical development; (B) Cognitive development; (C) Language and speech development; (D) Psychosocial development; or (E) Self-help skills; (3) "Early intervention services" means developmental services which: (A) Are provided under public supervision through licensure or for accreditation by the appropriate state agency; (B) Are provided at no cost except when federal or state law, rules, or regulations provide for a system of payments by families, including a schedule of sliding fees; (C) Are designed to meet the developmental needs of an infant with disabilities or a toddler with disabilities in any one (1) or more of the following areas: (i) Physical development; (ii) Cognitive development; (iii) Language and speech development; (iv) Psychosocial development; or (v) Self-help skills; (D) Meet the standards of the state, including the requirements in this section; (E) Include: (i) Family training, counseling, and home visits; (ii) Special habilitation and education instruction; (iii) Speech pathology and audiology; (iv) Occupational therapy such as fine motor skills; (v) Physical therapy; (vi) Psychological services; (vii) Case management services at the service delivery level; (viii) Medical services for diagnostic or evaluation purposes; (ix) Early identification, screening, and assessment services; and (x) Health services necessary to enable the infant or toddler to benefit from other early intervention services; (F) Are provided by qualified personnel, including: (i) Certified special educators or training technicians supervised by special educators; (ii) Speech and language pathologists and audiologists; (iii) Occupational therapists; (iv) Physical therapists; (v) Psychologists; (vi) Social workers; (vii) Nurses; (viii) Nutritionists; and (ix) Physicians; and (G) Are provided in conformity with an individualized family service plan adopted in accordance with this subchapter; and (4) "Infants and toddlers with developmental delays" means individuals from birth through two (2) years of age, inclusive, who need early intervention services because they: (A) Are experiencing developmental delays as measured by appropriate diagnostic instruments and procedures in one (1) or more of the following areas: (i) Cognitive development; (ii) Physical development; (iii) Language and speech development; (iv) Psychosocial development; or (v) Self-help skills; or (B) Have a diagnosed physical or mental condition which has a high probability of resulting in developmental delay or are at risk of having substantial delays if early intervention services are not provided. Amended by Act 2019, No. 315,§ 1934, eff. 7/24/2019. Acts 1987, No. 658, § 2.

As used in this subchapter:

(1) "Council" means the State Interagency Council;

(2) "Developmental delay" means a child is delayed in any one (1) or more of the following areas: (A) Physical development; (B) Cognitive development; (C) Language and speech development; (D) Psychosocial development; or (E) Self-help skills;

(A) Physical development;

(B) Cognitive development;

(C) Language and speech development;

(D) Psychosocial development; or

(E) Self-help skills;

(3) "Early intervention services" means developmental services which: (A) Are provided under public supervision through licensure or for accreditation by the appropriate state agency; (B) Are provided at no cost except when federal or state law, rules, or regulations provide for a system of payments by families, including a schedule of sliding fees; (C) Are designed to meet the developmental needs of an infant with disabilities or a toddler with disabilities in any one (1) or more of the following areas: (i) Physical development; (ii) Cognitive development; (iii) Language and speech development; (iv) Psychosocial development; or (v) Self-help skills; (D) Meet the standards of the state, including the requirements in this section; (E) Include: (i) Family training, counseling, and home visits; (ii) Special habilitation and education instruction; (iii) Speech pathology and audiology; (iv) Occupational therapy such as fine motor skills; (v) Physical therapy; (vi) Psychological services; (vii) Case management services at the service delivery level; (viii) Medical services for diagnostic or evaluation purposes; (ix) Early identification, screening, and assessment services; and (x) Health services necessary to enable the infant or toddler to benefit from other early intervention services; (F) Are provided by qualified personnel, including: (i) Certified special educators or training technicians supervised by special educators; (ii) Speech and language pathologists and audiologists; (iii) Occupational therapists; (iv) Physical therapists; (v) Psychologists; (vi) Social workers; (vii) Nurses; (viii) Nutritionists; and (ix) Physicians; and (G) Are provided in conformity with an individualized family service plan adopted in accordance with this subchapter; and

(A) Are provided under public supervision through licensure or for accreditation by the appropriate state agency;

(B) Are provided at no cost except when federal or state law, rules, or regulations provide for a system of payments by families, including a schedule of sliding fees;

(C) Are designed to meet the developmental needs of an infant with disabilities or a toddler with disabilities in any one (1) or more of the following areas: (i) Physical development; (ii) Cognitive development; (iii) Language and speech development; (iv) Psychosocial development; or (v) Self-help skills;

(i) Physical development;

(ii) Cognitive development;

(iii) Language and speech development;

(iv) Psychosocial development; or

(v) Self-help skills;

(D) Meet the standards of the state, including the requirements in this section;

(E) Include: (i) Family training, counseling, and home visits; (ii) Special habilitation and education instruction; (iii) Speech pathology and audiology; (iv) Occupational therapy such as fine motor skills; (v) Physical therapy; (vi) Psychological services; (vii) Case management services at the service delivery level; (viii) Medical services for diagnostic or evaluation purposes; (ix) Early identification, screening, and assessment services; and (x) Health services necessary to enable the infant or toddler to benefit from other early intervention services;

(i) Family training, counseling, and home visits;

(ii) Special habilitation and education instruction;

(iii) Speech pathology and audiology;

(iv) Occupational therapy such as fine motor skills;

(v) Physical therapy;

(vi) Psychological services;

(vii) Case management services at the service delivery level;

(viii) Medical services for diagnostic or evaluation purposes;

(ix) Early identification, screening, and assessment services; and

(x) Health services necessary to enable the infant or toddler to benefit from other early intervention services;

(F) Are provided by qualified personnel, including: (i) Certified special educators or training technicians supervised by special educators; (ii) Speech and language pathologists and audiologists; (iii) Occupational therapists; (iv) Physical therapists; (v) Psychologists; (vi) Social workers; (vii) Nurses; (viii) Nutritionists; and (ix) Physicians; and

(i) Certified special educators or training technicians supervised by special educators;

(ii) Speech and language pathologists and audiologists;

(iii) Occupational therapists;

(iv) Physical therapists;

(v) Psychologists;

(vi) Social workers;

(vii) Nurses;

(viii) Nutritionists; and

(ix) Physicians; and

(G) Are provided in conformity with an individualized family service plan adopted in accordance with this subchapter; and

(4) "Infants and toddlers with developmental delays" means individuals from birth through two (2) years of age, inclusive, who need early intervention services because they: (A) Are experiencing developmental delays as measured by appropriate diagnostic instruments and procedures in one (1) or more of the following areas: (i) Cognitive development; (ii) Physical development; (iii) Language and speech development; (iv) Psychosocial development; or (v) Self-help skills; or (B) Have a diagnosed physical or mental condition which has a high probability of resulting in developmental delay or are at risk of having substantial delays if early intervention services are not provided.

(A) Are experiencing developmental delays as measured by appropriate diagnostic instruments and procedures in one (1) or more of the following areas: (i) Cognitive development; (ii) Physical development; (iii) Language and speech development; (iv) Psychosocial development; or (v) Self-help skills; or

(i) Cognitive development;

(ii) Physical development;

(iii) Language and speech development;

(iv) Psychosocial development; or

(v) Self-help skills; or

(B) Have a diagnosed physical or mental condition which has a high probability of resulting in developmental delay or are at risk of having substantial delays if early intervention services are not provided.

Amended by Act 2019, No. 315,§ 1934, eff. 7/24/2019.

Acts 1987, No. 658, § 2.
Ark. Code Ann. § 20-59-301 — AR Code / Title 20 / Chapter 59 / Subchapter 3 / Section 20-59-301
Applicability
Status: in_force

Every person, firm, or corporation producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix shall comply with the same rules that govern the production and manufacturing of ice cream and other manufactured milk products, as promulgated by the State Board of Health. Amended by Act 2019, No. 315,§ 2197, eff. 7/24/2019. Acts 1953, No. 416, § 10; A.S.A. 1947, § 82-918.9.

Every person, firm, or corporation producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix shall comply with the same rules that govern the production and manufacturing of ice cream and other manufactured milk products, as promulgated by the State Board of Health.

Amended by Act 2019, No. 315,§ 2197, eff. 7/24/2019.

Acts 1953, No. 416, § 10; A.S.A. 1947, § 82-918.9.
Ark. Code Ann. § 20-13-405 — AR Code / Title 20 / Chapter 13 / Subchapter 4 / Section 20-13-405
Authority of certificate holder
Status: in_force

(a) A certificate issued pursuant to this subchapter shall authorize the certificate holder to receive, upon presentation of the certificate, from any physician a prescription for premeasured doses of epinephrine and the necessary paraphernalia for administration. (b) The certificate also shall authorize the certificate holder to possess, provide, and administer in an emergency situation when a physician is not immediately available the prescribed epinephrine to a person who: (1) Has contact with the certificate holder as a result of the certificate holder's relationship or occupational or volunteer status under § 20-13-404(2) ; and (2) Appears to be suffering a severe adverse reaction to an insect sting or other allergic reaction. Amended by Act 2015, No. 1108,§ 2, eff. 7/22/2015. Acts 1983, No. 436, § 7; A.S.A. 1947, § 82-4507; Acts 2009, No. 684, § 3.

(a) A certificate issued pursuant to this subchapter shall authorize the certificate holder to receive, upon presentation of the certificate, from any physician a prescription for premeasured doses of epinephrine and the necessary paraphernalia for administration.

(b) The certificate also shall authorize the certificate holder to possess, provide, and administer in an emergency situation when a physician is not immediately available the prescribed epinephrine to a person who: (1) Has contact with the certificate holder as a result of the certificate holder's relationship or occupational or volunteer status under § 20-13-404(2) ; and (2) Appears to be suffering a severe adverse reaction to an insect sting or other allergic reaction.

(1) Has contact with the certificate holder as a result of the certificate holder's relationship or occupational or volunteer status under § 20-13-404(2) ; and

(2) Appears to be suffering a severe adverse reaction to an insect sting or other allergic reaction.

Amended by Act 2015, No. 1108,§ 2, eff. 7/22/2015.

Acts 1983, No. 436, § 7; A.S.A. 1947, § 82-4507; Acts 2009, No. 684, § 3.
Ark. Code Ann. § 20-12-401 — AR Code / Title 20 / Chapter 12 / Subchapter 4 / Section 20-12-401
Title
Status: in_force

This subchapter shall be known as the "Rural Health Services Revolving Fund Act". Acts 1989 (1st Ex. Sess.), No. 73, § 1.

This subchapter shall be known as the "Rural Health Services Revolving Fund Act".

Acts 1989 (1st Ex. Sess.), No. 73, § 1.
Ark. Code Ann. § 20-10-1905 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1905
Request for informal dispute resolution
Status: in_force

(a) A long-term care facility that wishes to challenge a deficiency shall make a written request to the Department of Health within ten (10) calendar days of the receipt of the statement of deficiencies from the Office of Long-Term Care. (b) The written request shall include: (1) A list of all deficiencies that the long-term care facility wishes to challenge; and (2) A statement indicating whether the long-term care facility wants the hearing to be conducted by telephone conference call, by record review of the impartial decision maker, or by a meeting in which the long-term care facility and the office appear before the impartial decision maker. Acts 2003, No. 1108, § 1.

(a) A long-term care facility that wishes to challenge a deficiency shall make a written request to the Department of Health within ten (10) calendar days of the receipt of the statement of deficiencies from the Office of Long-Term Care.

(b) The written request shall include: (1) A list of all deficiencies that the long-term care facility wishes to challenge; and (2) A statement indicating whether the long-term care facility wants the hearing to be conducted by telephone conference call, by record review of the impartial decision maker, or by a meeting in which the long-term care facility and the office appear before the impartial decision maker.

(1) A list of all deficiencies that the long-term care facility wishes to challenge; and

(2) A statement indicating whether the long-term care facility wants the hearing to be conducted by telephone conference call, by record review of the impartial decision maker, or by a meeting in which the long-term care facility and the office appear before the impartial decision maker.

Acts 2003, No. 1108, § 1.
Ark. Code Ann. § 20-16-2006 — AR Code / Title 20 / Chapter 16 / Subchapter 20 / Section 20-16-2006
Penalties - Additional enforcement
Status: in_force

(a) (1) A person who purposely or knowingly violates this subchapter is guilty of a Class D felony. (2) A woman upon whom an abortion is performed, induced, or attempted in violation of this subchapter shall not be prosecuted for conspiracy to commit a violation of this subchapter. (b) A physician who purposely or knowingly violates this subchapter commits an act of unprofessional conduct that shall result in the Arkansas State Medical Board's suspending or revoking his or her license. (c) A physician who purposely or knowingly delivers to the Department of Health any report required under this subchapter that he or she knows is false is subject to a civil penalty or fine up to two thousand dollars ($2,000) per violation imposed by the department. (d) A woman upon whom an abortion has been performed, induced, or attempted in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed, induced, or attempted the abortion in violation of this subchapter for actual and punitive damages. (e) (1) A cause of action for injunctive relief against a person who has purposely, knowingly, or recklessly violated this subchapter may be maintained by: (A) A prosecuting attorney with appropriate jurisdiction; or (B) The Attorney General. (2) The injunction shall prevent the abortion provider from performing or inducing and from attempting to perform or induce further abortions in violation of this subchapter. (f) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. (g) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff. (h) Damages or attorney's fees shall not be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except under subsection (d) of this section. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.

(a) (1) A person who purposely or knowingly violates this subchapter is guilty of a Class D felony. (2) A woman upon whom an abortion is performed, induced, or attempted in violation of this subchapter shall not be prosecuted for conspiracy to commit a violation of this subchapter.

(1) A person who purposely or knowingly violates this subchapter is guilty of a Class D felony.

(2) A woman upon whom an abortion is performed, induced, or attempted in violation of this subchapter shall not be prosecuted for conspiracy to commit a violation of this subchapter.

(b) A physician who purposely or knowingly violates this subchapter commits an act of unprofessional conduct that shall result in the Arkansas State Medical Board's suspending or revoking his or her license.

(c) A physician who purposely or knowingly delivers to the Department of Health any report required under this subchapter that he or she knows is false is subject to a civil penalty or fine up to two thousand dollars ($2,000) per violation imposed by the department.

(d) A woman upon whom an abortion has been performed, induced, or attempted in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed, induced, or attempted the abortion in violation of this subchapter for actual and punitive damages.

(e) (1) A cause of action for injunctive relief against a person who has purposely, knowingly, or recklessly violated this subchapter may be maintained by: (A) A prosecuting attorney with appropriate jurisdiction; or (B) The Attorney General. (2) The injunction shall prevent the abortion provider from performing or inducing and from attempting to perform or induce further abortions in violation of this subchapter.

(1) A cause of action for injunctive relief against a person who has purposely, knowingly, or recklessly violated this subchapter may be maintained by: (A) A prosecuting attorney with appropriate jurisdiction; or (B) The Attorney General.

(A) A prosecuting attorney with appropriate jurisdiction; or

(B) The Attorney General.

(2) The injunction shall prevent the abortion provider from performing or inducing and from attempting to perform or induce further abortions in violation of this subchapter.

(f) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.

(g) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff.

(h) Damages or attorney's fees shall not be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except under subsection (d) of this section.

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-48-506 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-506
Nonliability of board members for bonds - Exception
Status: in_force

No member of the Board of Developmental Disabilities Services shall be personally liable on any bonds issued pursuant to this subchapter, or for any damages sustained by anyone in connection with agreements and contracts authorizing or pertaining to the bonds of any issue pursuant to this subchapter or the carrying out of any other authority conferred by this subchapter, unless the member involved has acted with a corrupt intent. Acts 1963, No. 186, § 5; A.S.A. 1947, § 59-1121.

No member of the Board of Developmental Disabilities Services shall be personally liable on any bonds issued pursuant to this subchapter, or for any damages sustained by anyone in connection with agreements and contracts authorizing or pertaining to the bonds of any issue pursuant to this subchapter or the carrying out of any other authority conferred by this subchapter, unless the member involved has acted with a corrupt intent.

Acts 1963, No. 186, § 5; A.S.A. 1947, § 59-1121.
Ark. Code Ann. § 20-9-221 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-221
Information confidential
Status: in_force

(a) Information received by the Department of Health through inspection, or otherwise, authorized under this subchapter, shall not be disclosed publicly in such manner as to identify individuals or institutions except in a proceeding involving the question of licensing or revocation of a license. (b) (1) However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Secretary of the Department of Human Services for information concerning a certain nursing home, information obtained during recent inspections of the home may be supplied in writing to the deputy director. (2) This exception applies only to homes providing care for recipients of public welfare and is not to be construed as permitting the exchange of such information on all homes in the state but is specifically limited to those for which the deputy director of the appropriate division as determined by the secretary has specific complaints. (3) These complaints shall be forwarded to the department along with the request for information from the deputy director. (4) Information received by the deputy director in the manner prescribed by this section shall not be disclosed. Amended by Act 2019, No. 910,§ 5174, eff. 7/1/2019. Acts 1961, No. 414, § 23; 1965, No. 434, § 2; A.S.A. 1947, § 82-349.

(a) Information received by the Department of Health through inspection, or otherwise, authorized under this subchapter, shall not be disclosed publicly in such manner as to identify individuals or institutions except in a proceeding involving the question of licensing or revocation of a license.

(b) (1) However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Secretary of the Department of Human Services for information concerning a certain nursing home, information obtained during recent inspections of the home may be supplied in writing to the deputy director. (2) This exception applies only to homes providing care for recipients of public welfare and is not to be construed as permitting the exchange of such information on all homes in the state but is specifically limited to those for which the deputy director of the appropriate division as determined by the secretary has specific complaints. (3) These complaints shall be forwarded to the department along with the request for information from the deputy director. (4) Information received by the deputy director in the manner prescribed by this section shall not be disclosed.

(1) However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Secretary of the Department of Human Services for information concerning a certain nursing home, information obtained during recent inspections of the home may be supplied in writing to the deputy director.

(2) This exception applies only to homes providing care for recipients of public welfare and is not to be construed as permitting the exchange of such information on all homes in the state but is specifically limited to those for which the deputy director of the appropriate division as determined by the secretary has specific complaints.

(3) These complaints shall be forwarded to the department along with the request for information from the deputy director.

(4) Information received by the deputy director in the manner prescribed by this section shall not be disclosed.

Amended by Act 2019, No. 910,§ 5174, eff. 7/1/2019.

Acts 1961, No. 414, § 23; 1965, No. 434, § 2; A.S.A. 1947, § 82-349.
Ark. Code Ann. § 20-27-1706 — AR Code / Title 20 / Chapter 27 / Subchapter 17 / Section 20-27-1706
Records - Confidentiality
Status: in_force

(a) (1) All records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel and the result of any child death investigation report shall be confidential. (2) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall not be: (A) Subject to a subpoena; (B) Disclosed or compelled to be produced in any civil, administrative, or other proceeding; or (C) Admissible as evidence in any civil, administrative, or other proceeding. (3) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall be available to law enforcement agencies and prosecuting attorneys. (b) Any person, agency, or entity furnishing confidential information shall not be liable for releasing the confidential information if the information was furnished in good faith under this subchapter. (c) The Arkansas Child Death Review Panel may publish statistical compilations reflecting unexpected deaths of children that do not identify individual cases, physicians, hospitals, clinics, or other healthcare providers. (d) (1) State, local, or regional review panel members shall be immune from civil and criminal liability in connection with their good-faith participation on the review panel and all activities related to the review panel. (2) No civil or criminal immunity exists if a state, local, or regional review panel member knowingly or willingly violates this subchapter. (e) Pursuant to the Health Insurance Portability and Accountability Act of 1996, disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on unexpected deaths of children for review by the review panel is not a violation of the Health Insurance Portability and Accountability Act of 1996. Acts 2005, No. 1818, § 1.

(a) (1) All records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel and the result of any child death investigation report shall be confidential. (2) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall not be: (A) Subject to a subpoena; (B) Disclosed or compelled to be produced in any civil, administrative, or other proceeding; or (C) Admissible as evidence in any civil, administrative, or other proceeding. (3) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall be available to law enforcement agencies and prosecuting attorneys.

(1) All records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel and the result of any child death investigation report shall be confidential.

(2) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall not be: (A) Subject to a subpoena; (B) Disclosed or compelled to be produced in any civil, administrative, or other proceeding; or (C) Admissible as evidence in any civil, administrative, or other proceeding.

(A) Subject to a subpoena;

(B) Disclosed or compelled to be produced in any civil, administrative, or other proceeding; or

(C) Admissible as evidence in any civil, administrative, or other proceeding.

(3) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall be available to law enforcement agencies and prosecuting attorneys.

(b) Any person, agency, or entity furnishing confidential information shall not be liable for releasing the confidential information if the information was furnished in good faith under this subchapter.

(c) The Arkansas Child Death Review Panel may publish statistical compilations reflecting unexpected deaths of children that do not identify individual cases, physicians, hospitals, clinics, or other healthcare providers.

(d) (1) State, local, or regional review panel members shall be immune from civil and criminal liability in connection with their good-faith participation on the review panel and all activities related to the review panel. (2) No civil or criminal immunity exists if a state, local, or regional review panel member knowingly or willingly violates this subchapter.

(1) State, local, or regional review panel members shall be immune from civil and criminal liability in connection with their good-faith participation on the review panel and all activities related to the review panel.

(2) No civil or criminal immunity exists if a state, local, or regional review panel member knowingly or willingly violates this subchapter.

(e) Pursuant to the Health Insurance Portability and Accountability Act of 1996, disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on unexpected deaths of children for review by the review panel is not a violation of the Health Insurance Portability and Accountability Act of 1996.

Acts 2005, No. 1818, § 1.
Ark. Code Ann. § 20-7-306 — AR Code / Title 20 / Chapter 7 / Subchapter 3 / Section 20-7-306
Reports - Assistance
Status: in_force

(a) The Secretary of the Department of Health shall prepare and submit a biennial report to the Governor and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. (b) The Department of Health shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof in the development of information necessary in the examination of healthcare issues. (c) (1) With regard to § 6-18-702(d) , § 6-60-504(b) , and § 20-78-206(a)(2)(B) , the department shall report every six (6) months to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor regarding: (A) The geographic patterns of exemptions, vaccination rates, and exemptions in those areas as well as the rest of the state; and (B) Disease incidence of vaccine-preventable diseases collected by the department. (2) The collection of exemption information shall begin January 4, 2004. (3) Reports shall begin at the first interim meeting of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2019, No. 910,§ 4941, eff. 7/1/2019. Acts 1995, No. 670, § 2; 1997, No. 179, § 22; 2003, No. 999, § 4; 2007, No. 827, § 148.

(a) The Secretary of the Department of Health shall prepare and submit a biennial report to the Governor and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

(b) The Department of Health shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof in the development of information necessary in the examination of healthcare issues.

(c) (1) With regard to § 6-18-702(d) , § 6-60-504(b) , and § 20-78-206(a)(2)(B) , the department shall report every six (6) months to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor regarding: (A) The geographic patterns of exemptions, vaccination rates, and exemptions in those areas as well as the rest of the state; and (B) Disease incidence of vaccine-preventable diseases collected by the department. (2) The collection of exemption information shall begin January 4, 2004. (3) Reports shall begin at the first interim meeting of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

(1) With regard to § 6-18-702(d) , § 6-60-504(b) , and § 20-78-206(a)(2)(B) , the department shall report every six (6) months to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor regarding: (A) The geographic patterns of exemptions, vaccination rates, and exemptions in those areas as well as the rest of the state; and (B) Disease incidence of vaccine-preventable diseases collected by the department.

(A) The geographic patterns of exemptions, vaccination rates, and exemptions in those areas as well as the rest of the state; and

(B) Disease incidence of vaccine-preventable diseases collected by the department.

(2) The collection of exemption information shall begin January 4, 2004.

(3) Reports shall begin at the first interim meeting of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

Amended by Act 2019, No. 910,§ 4941, eff. 7/1/2019.

Acts 1995, No. 670, § 2; 1997, No. 179, § 22; 2003, No. 999, § 4; 2007, No. 827, § 148.
Ark. Code Ann. § 20-56-212 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-212
Adulterated cosmetic
Status: in_force

A cosmetic shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. However, this provision shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution - This product contains ingredients which may cause skin irritation on certain individuals, and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate direction for such preliminary testing. For the purposes of this subdivision (1) and subdivision (5) of this section, the term "hair dye" shall not include eyelash dyes or eyebrow dyes; (2) If it consists in whole or part of any filthy, putrid, or decomposed substance; (3) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health; (4) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (5) If it is not a hair dye and it bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act. Acts 1953, No. 415, § 16; A.S.A. 1947, § 82-1116.

A cosmetic shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. However, this provision shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution - This product contains ingredients which may cause skin irritation on certain individuals, and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate direction for such preliminary testing. For the purposes of this subdivision (1) and subdivision (5) of this section, the term "hair dye" shall not include eyelash dyes or eyebrow dyes;

(2) If it consists in whole or part of any filthy, putrid, or decomposed substance;

(3) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;

(4) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(5) If it is not a hair dye and it bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act.

Acts 1953, No. 415, § 16; A.S.A. 1947, § 82-1116.
Ark. Code Ann. § 20-48-606 — AR Code / Title 20 / Chapter 48 / Subchapter 6 / Section 20-48-606
Rules - Density control
Status: in_force

(a) The Division of Developmental Disabilities Services shall promulgate rules pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which shall encompass the following matters: (1) (A) Limits on the number of new Family Homes I and Family Homes II to be permitted on blocks, block faces, and other appropriate geographic areas taking into account the existing residential population density and the number, occupancy, and location of similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other treatment programs as well as any other dissimilar facilities such as public housing, soup kitchens at churches, and boarding homes. (B) Density limits as follows: City Population Total Number of Homes I and II 1,000 or fewer 1 1,001 - 9,999 1 for every 2,000 10,000 - 49,000 1 for every 3,000 50,000 - 249,000 1 for every 10,000 250,000 - 1 for every 20,000 (C) There shall be three hundred feet (300') between family homes unless otherwise permitted by local ordinance. There shall be three thousand feet (3,000') between family homes in cities over thirty thousand (30,000) population unless otherwise permitted by local ordinance; (2) Assurance that adequate arrangements are made for the residents of family homes to receive such care and habilitation as are necessary and appropriate to their needs and to further their progress towards independent living and that they have access to appropriate services such as public transportation, health care, recreation facilities, and shopping centers; (3) Protection of the health and safety of the residents of Family Homes I and Family Homes II, however, compliance with these rules shall not relieve the owner or operator of any Family Home I or Family Home II of the obligation to comply with the requirements or standards of a political subdivision pertaining to setback, lot size, flood zones, outside appearance, building, housing, health, fire, safety, and motor vehicle parking space that generally apply to single-family residences in the zoning district for Family Homes I or multifamily use districts for Family Homes II. No requirements for business licenses, gross receipt taxes, environmental impact studies, or clearances may be imposed on the homes if those fees, taxes, or clearances are not imposed on all structures in the zoning district housing a like number of persons; and (4) (A) Procedures by which any resident of a residential zoning district or the governing body of a political subdivision in which a Family Home I or Family Home II is or is to be located may petition the division to deny an application for a license to operate a Family Home I or Family Home II on the grounds that the operation of the home would be in violation of the limits established pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section or that the proposed location is an area of high risk to the health and safety of the residents of the family home. (B) Petitions claiming the high-risk-area basis for denial must set forth and document one (1) or more of the following high-risk rationales: (i) High crime area; (ii) Close proximity to stored hazardous materials; (iii) Dangerous traffic pattern; (iv) Frequent flooding; or (v) Insufficient fire protection. (b) The division shall furnish a copy of proposed rules promulgated hereunder to the Arkansas Municipal League, the Association of Arkansas Counties, and the Capitol Zoning District Commission at least thirty (30) days before the public hearing to be held thereon. Amended by Act 2019, No. 315,§ 2159, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2158, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2157, eff. 7/24/2019. Acts 1987, No. 611, § 5.

(a) The Division of Developmental Disabilities Services shall promulgate rules pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which shall encompass the following matters: (1) (A) Limits on the number of new Family Homes I and Family Homes II to be permitted on blocks, block faces, and other appropriate geographic areas taking into account the existing residential population density and the number, occupancy, and location of similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other treatment programs as well as any other dissimilar facilities such as public housing, soup kitchens at churches, and boarding homes. (B) Density limits as follows: City Population Total Number of Homes I and II 1,000 or fewer 1 1,001 - 9,999 1 for every 2,000 10,000 - 49,000 1 for every 3,000 50,000 - 249,000 1 for every 10,000 250,000 - 1 for every 20,000 (C) There shall be three hundred feet (300') between family homes unless otherwise permitted by local ordinance. There shall be three thousand feet (3,000') between family homes in cities over thirty thousand (30,000) population unless otherwise permitted by local ordinance; (2) Assurance that adequate arrangements are made for the residents of family homes to receive such care and habilitation as are necessary and appropriate to their needs and to further their progress towards independent living and that they have access to appropriate services such as public transportation, health care, recreation facilities, and shopping centers; (3) Protection of the health and safety of the residents of Family Homes I and Family Homes II, however, compliance with these rules shall not relieve the owner or operator of any Family Home I or Family Home II of the obligation to comply with the requirements or standards of a political subdivision pertaining to setback, lot size, flood zones, outside appearance, building, housing, health, fire, safety, and motor vehicle parking space that generally apply to single-family residences in the zoning district for Family Homes I or multifamily use districts for Family Homes II. No requirements for business licenses, gross receipt taxes, environmental impact studies, or clearances may be imposed on the homes if those fees, taxes, or clearances are not imposed on all structures in the zoning district housing a like number of persons; and (4) (A) Procedures by which any resident of a residential zoning district or the governing body of a political subdivision in which a Family Home I or Family Home II is or is to be located may petition the division to deny an application for a license to operate a Family Home I or Family Home II on the grounds that the operation of the home would be in violation of the limits established pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section or that the proposed location is an area of high risk to the health and safety of the residents of the family home. (B) Petitions claiming the high-risk-area basis for denial must set forth and document one (1) or more of the following high-risk rationales: (i) High crime area; (ii) Close proximity to stored hazardous materials; (iii) Dangerous traffic pattern; (iv) Frequent flooding; or (v) Insufficient fire protection.

(1) (A) Limits on the number of new Family Homes I and Family Homes II to be permitted on blocks, block faces, and other appropriate geographic areas taking into account the existing residential population density and the number, occupancy, and location of similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other treatment programs as well as any other dissimilar facilities such as public housing, soup kitchens at churches, and boarding homes. (B) Density limits as follows: City Population Total Number of Homes I and II 1,000 or fewer 1 1,001 - 9,999 1 for every 2,000 10,000 - 49,000 1 for every 3,000 50,000 - 249,000 1 for every 10,000 250,000 - 1 for every 20,000 (C) There shall be three hundred feet (300') between family homes unless otherwise permitted by local ordinance. There shall be three thousand feet (3,000') between family homes in cities over thirty thousand (30,000) population unless otherwise permitted by local ordinance;

(A) Limits on the number of new Family Homes I and Family Homes II to be permitted on blocks, block faces, and other appropriate geographic areas taking into account the existing residential population density and the number, occupancy, and location of similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other treatment programs as well as any other dissimilar facilities such as public housing, soup kitchens at churches, and boarding homes.

(B) Density limits as follows: City Population Total Number of Homes I and II 1,000 or fewer 1 1,001 - 9,999 1 for every 2,000 10,000 - 49,000 1 for every 3,000 50,000 - 249,000 1 for every 10,000 250,000 - 1 for every 20,000

City Population Total Number of Homes I and II 1,000 or fewer 1 1,001 - 9,999 1 for every 2,000 10,000 - 49,000 1 for every 3,000 50,000 - 249,000 1 for every 10,000 250,000 - 1 for every 20,000

City Population

Total Number of Homes I and II

1,000 or fewer

1

1,001 - 9,999

1 for every 2,000

10,000 - 49,000

1 for every 3,000

50,000 - 249,000

1 for every 10,000

250,000 -

1 for every 20,000

(C) There shall be three hundred feet (300') between family homes unless otherwise permitted by local ordinance. There shall be three thousand feet (3,000') between family homes in cities over thirty thousand (30,000) population unless otherwise permitted by local ordinance;

(2) Assurance that adequate arrangements are made for the residents of family homes to receive such care and habilitation as are necessary and appropriate to their needs and to further their progress towards independent living and that they have access to appropriate services such as public transportation, health care, recreation facilities, and shopping centers;

(3) Protection of the health and safety of the residents of Family Homes I and Family Homes II, however, compliance with these rules shall not relieve the owner or operator of any Family Home I or Family Home II of the obligation to comply with the requirements or standards of a political subdivision pertaining to setback, lot size, flood zones, outside appearance, building, housing, health, fire, safety, and motor vehicle parking space that generally apply to single-family residences in the zoning district for Family Homes I or multifamily use districts for Family Homes II. No requirements for business licenses, gross receipt taxes, environmental impact studies, or clearances may be imposed on the homes if those fees, taxes, or clearances are not imposed on all structures in the zoning district housing a like number of persons; and

(4) (A) Procedures by which any resident of a residential zoning district or the governing body of a political subdivision in which a Family Home I or Family Home II is or is to be located may petition the division to deny an application for a license to operate a Family Home I or Family Home II on the grounds that the operation of the home would be in violation of the limits established pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section or that the proposed location is an area of high risk to the health and safety of the residents of the family home. (B) Petitions claiming the high-risk-area basis for denial must set forth and document one (1) or more of the following high-risk rationales: (i) High crime area; (ii) Close proximity to stored hazardous materials; (iii) Dangerous traffic pattern; (iv) Frequent flooding; or (v) Insufficient fire protection.

(A) Procedures by which any resident of a residential zoning district or the governing body of a political subdivision in which a Family Home I or Family Home II is or is to be located may petition the division to deny an application for a license to operate a Family Home I or Family Home II on the grounds that the operation of the home would be in violation of the limits established pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section or that the proposed location is an area of high risk to the health and safety of the residents of the family home.

(B) Petitions claiming the high-risk-area basis for denial must set forth and document one (1) or more of the following high-risk rationales: (i) High crime area; (ii) Close proximity to stored hazardous materials; (iii) Dangerous traffic pattern; (iv) Frequent flooding; or (v) Insufficient fire protection.

(i) High crime area;

(ii) Close proximity to stored hazardous materials;

(iii) Dangerous traffic pattern;

(iv) Frequent flooding; or

(v) Insufficient fire protection.

(b) The division shall furnish a copy of proposed rules promulgated hereunder to the Arkansas Municipal League, the Association of Arkansas Counties, and the Capitol Zoning District Commission at least thirty (30) days before the public hearing to be held thereon.

Amended by Act 2019, No. 315,§ 2159, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2158, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2157, eff. 7/24/2019.

Acts 1987, No. 611, § 5.
Ark. Code Ann. § 20-18-703 — AR Code / Title 20 / Chapter 18 / Subchapter 7 / Section 20-18-703
Revocation of information
Status: in_force

(a) Information supplied to the Putative Father Registry may be revoked by a written statement, signed and acknowledged by the registrant before a notary public. (b) The statement shall include a declaration that, to the best of the registrant's knowledge and belief, he is not the father of the named child or that a court has adjudicated paternity and someone other than the registrant has been determined to be the father of the child. (c) Revocation shall be effective only after the birth of the child. Acts 1989, No. 496, § 3.

(a) Information supplied to the Putative Father Registry may be revoked by a written statement, signed and acknowledged by the registrant before a notary public.

(b) The statement shall include a declaration that, to the best of the registrant's knowledge and belief, he is not the father of the named child or that a court has adjudicated paternity and someone other than the registrant has been determined to be the father of the child.

(c) Revocation shall be effective only after the birth of the child.

Acts 1989, No. 496, § 3.
Ark. Code Ann. § 20-13-1001 — AR Code / Title 20 / Chapter 13 / Subchapter 10 / Section 20-13-1001
License required
Status: in_force

(a) No person shall furnish, operate, maintain, conduct, advertise, or in any way engage in or profess to engage in the business of providing emergency transport of patients upon the streets and highways of Arkansas unless that person holds a valid ambulance service license or provisional ambulance service license issued by the Department of Health. (b) This section shall not operate to alter the application of the "Good Samaritan" law, § 17-95-101 . Acts 1997, No. 1255, § 1.

(a) No person shall furnish, operate, maintain, conduct, advertise, or in any way engage in or profess to engage in the business of providing emergency transport of patients upon the streets and highways of Arkansas unless that person holds a valid ambulance service license or provisional ambulance service license issued by the Department of Health.

(b) This section shall not operate to alter the application of the "Good Samaritan" law, § 17-95-101 .

Acts 1997, No. 1255, § 1.
Ark. Code Ann. § 20-59-503 — AR Code / Title 20 / Chapter 59 / Subchapter 5 / Section 20-59-503
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2202, eff. 7/24/2019. Acts 1981, No. 506, §§ 3, 6-10; 1983, No. 310, § 1; A.S.A. 1947, §§ 82-4018, 82-4021 -- 82-4025; Acts 1997, No. 250, § 201.

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

Amended by Act 2019, No. 315,§ 2202, eff. 7/24/2019.

Acts 1981, No. 506, §§ 3, 6-10; 1983, No. 310, § 1; A.S.A. 1947, §§ 82-4018, 82-4021 -- 82-4025; Acts 1997, No. 250, § 201.
Ark. Code Ann. § 20-10-2403 — AR Code / Title 20 / Chapter 10 / Subchapter 24 / Section 20-10-2403
Extensions
Status: in_force

(a) If an assisted living facility experiences difficulty in completing their cost report by the due date, the assisted living facility may request an extension from the Department of Human Services. (b) An extension request shall be filed in writing with the department before the due date and describe the difficulties affecting timely completion. (c) Extensions are at the discretion of the department and shall not exceed sixty (60) days per facility per year. Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.

(a) If an assisted living facility experiences difficulty in completing their cost report by the due date, the assisted living facility may request an extension from the Department of Human Services.

(b) An extension request shall be filed in writing with the department before the due date and describe the difficulties affecting timely completion.

(c) Extensions are at the discretion of the department and shall not exceed sixty (60) days per facility per year.

Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-27-604 — AR Code / Title 20 / Chapter 27 / Subchapter 6 / Section 20-27-604
Injunction
Status: in_force

When in the judgment of the Department of Health any person has engaged in or is about to engage in any acts or practices of commission or omission which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, the Attorney General, upon written notice thereof by the department, shall make application to the court of competent jurisdiction for an order enjoining the acts or practices or for an order directing compliance. Upon a showing by the department that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. Amended by Act 2019, No. 315,§ 2092, eff. 7/24/2019. Acts 1979, No. 896, § 7; A.S.A. 1947, § 82-743.

When in the judgment of the Department of Health any person has engaged in or is about to engage in any acts or practices of commission or omission which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, the Attorney General, upon written notice thereof by the department, shall make application to the court of competent jurisdiction for an order enjoining the acts or practices or for an order directing compliance. Upon a showing by the department that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.

Amended by Act 2019, No. 315,§ 2092, eff. 7/24/2019.

Acts 1979, No. 896, § 7; A.S.A. 1947, § 82-743.
Ark. Code Ann. § 20-48-608 — AR Code / Title 20 / Chapter 48 / Subchapter 6 / Section 20-48-608
List of family homes
Status: in_force

In order to facilitate the implementation of § 20-48-606(a)(1)(A) and (B) , the Division of Developmental Disabilities Services of the Department of Human Services shall maintain a list of the location, capacity, and current occupancy of all Family Homes I and Family Homes II. The division shall ensure that this list shall not contain the names or other identifiable information about any residents of the homes and that copies of this list shall be available to any resident of this state and any state agency or political subdivision upon request. Acts 1987, No. 611, § 7.

In order to facilitate the implementation of § 20-48-606(a)(1)(A) and (B) , the Division of Developmental Disabilities Services of the Department of Human Services shall maintain a list of the location, capacity, and current occupancy of all Family Homes I and Family Homes II. The division shall ensure that this list shall not contain the names or other identifiable information about any residents of the homes and that copies of this list shall be available to any resident of this state and any state agency or political subdivision upon request.

Acts 1987, No. 611, § 7.
Ark. Code Ann. § 20-15-908 — AR Code / Title 20 / Chapter 15 / Subchapter 9 / Section 20-15-908
Findings and purpose
Status: in_force

It is found and determined by the General Assembly that: (1) The citizens of Arkansas suffering from human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) should have access to the latest drug therapies; (2) The continued spread of human immunodeficiency virus (HIV) is a danger to the public health of Arkansas; (3) Proper treatment of individuals living with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) who are pregnant can significantly decrease the possibility of infecting their unborn children; (4) Infection rates among Arkansas citizens can be curtailed by the proper administration of drug therapies to those infected with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); (5) The continued medical costs associated with illnesses related to human immunodeficiency virus (HIV) are a threat to the medical infrastructure of Arkansas; (6) The quality of life of those individuals affected by human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), along with the quality of life of their family members, can be enhanced through continuing drug therapies; (7) There is a pressing and immediate need for the distribution of medications for human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); and (8) This section and §§ 20-15-907 and 20-15-909 can help meet these needs by furnishing financial assistance, subject to the availability of funds, to citizens of Arkansas suffering from human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS). Acts 2001, No. 235, § 2.

It is found and determined by the General Assembly that:

(1) The citizens of Arkansas suffering from human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) should have access to the latest drug therapies;

(2) The continued spread of human immunodeficiency virus (HIV) is a danger to the public health of Arkansas;

(3) Proper treatment of individuals living with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) who are pregnant can significantly decrease the possibility of infecting their unborn children;

(4) Infection rates among Arkansas citizens can be curtailed by the proper administration of drug therapies to those infected with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS);

(5) The continued medical costs associated with illnesses related to human immunodeficiency virus (HIV) are a threat to the medical infrastructure of Arkansas;

(6) The quality of life of those individuals affected by human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), along with the quality of life of their family members, can be enhanced through continuing drug therapies;

(7) There is a pressing and immediate need for the distribution of medications for human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); and

(8) This section and §§ 20-15-907 and 20-15-909 can help meet these needs by furnishing financial assistance, subject to the availability of funds, to citizens of Arkansas suffering from human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).

Acts 2001, No. 235, § 2.
Ark. Code Ann. § 20-59-209 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-209
Mellorine manufacturer's license
Status: in_force

(a) For a mellorine plant making, processing, manufacturing, freezing, or packaging mellorine or mellorine mix, the method for determining the license fee for a mellorine manufacturer's license shall be based on the gallons of mix or the finished products manufactured or sold the previous year. (b) License fees shall be based on the previous year's production: Up to and including 10,000 gallons .......................................................................... $ 60.00 10,001 - 20,000 gallons ......................................................................................... 100.00 20,001 - 100,000 gallons ....................................................................................... 200.00 100,001 - 350,000 gallons ..................................................................................... 400.00 350,001 - 500,000 gallons ..................................................................................... 600.00 500,001 - 750,000 gallons ..................................................................................... 800.00 750,001 - 1,000,000 gallons ................................................................................... 1,000.00 1,000,001 gallons and up .......................................................................................... 1,200.00 Acts 1941, No. 114, § 4; 1973, No. 98, § 2; A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1; 1991, No. 328, § 3.

(a) For a mellorine plant making, processing, manufacturing, freezing, or packaging mellorine or mellorine mix, the method for determining the license fee for a mellorine manufacturer's license shall be based on the gallons of mix or the finished products manufactured or sold the previous year.

(b) License fees shall be based on the previous year's production: Up to and including 10,000 gallons .......................................................................... $ 60.00 10,001 - 20,000 gallons ......................................................................................... 100.00 20,001 - 100,000 gallons ....................................................................................... 200.00 100,001 - 350,000 gallons ..................................................................................... 400.00 350,001 - 500,000 gallons ..................................................................................... 600.00 500,001 - 750,000 gallons ..................................................................................... 800.00 750,001 - 1,000,000 gallons ................................................................................... 1,000.00 1,000,001 gallons and up .......................................................................................... 1,200.00

Up to and including 10,000 gallons .......................................................................... $ 60.00 10,001 - 20,000 gallons ......................................................................................... 100.00 20,001 - 100,000 gallons ....................................................................................... 200.00 100,001 - 350,000 gallons ..................................................................................... 400.00 350,001 - 500,000 gallons ..................................................................................... 600.00 500,001 - 750,000 gallons ..................................................................................... 800.00 750,001 - 1,000,000 gallons ................................................................................... 1,000.00 1,000,001 gallons and up .......................................................................................... 1,200.00

Up to and including 10,000 gallons ..........................................................................

$ 60.00

10,001 - 20,000 gallons .........................................................................................

100.00

20,001 - 100,000 gallons .......................................................................................

200.00

100,001 - 350,000 gallons .....................................................................................

400.00

350,001 - 500,000 gallons .....................................................................................

600.00

500,001 - 750,000 gallons .....................................................................................

800.00

750,001 - 1,000,000 gallons ...................................................................................

1,000.00

1,000,001 gallons and up ..........................................................................................

1,200.00

Acts 1941, No. 114, § 4; 1973, No. 98, § 2; A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1; 1991, No. 328, § 3.
Ark. Code Ann. § 20-16-608 — AR Code / Title 20 / Chapter 16 / Subchapter 6 / Section 20-16-608
Reporting data on abortions to save life of mother
Status: in_force

A physician, healthcare provider, or abortion facility shall report to the Department of Health the number of abortions performed to save the life of the mother. Added by Act 2021, No. 787,§ 2, eff. 7/28/2021.

A physician, healthcare provider, or abortion facility shall report to the Department of Health the number of abortions performed to save the life of the mother.

Added by Act 2021, No. 787,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 20-18-705 — AR Code / Title 20 / Chapter 18 / Subchapter 7 / Section 20-18-705
Penalty
Status: in_force

Any person who knowingly registers as a putative father pursuant to this subchapter when the registrant knows that he is not the biological father of the child shall upon conviction be guilty of a Class C misdemeanor. Acts 1989, No. 496, § 5.

Any person who knowingly registers as a putative father pursuant to this subchapter when the registrant knows that he is not the biological father of the child shall upon conviction be guilty of a Class C misdemeanor.

Acts 1989, No. 496, § 5.
Ark. Code Ann. § 20-48-705 — AR Code / Title 20 / Chapter 48 / Subchapter 7 / Section 20-48-705
Membership of nonprofit organizations
Status: in_force

A nonprofit organization licensed or certified by the Division of Developmental Disabilities Services to serve adults shall include an individual with intellectual or other developmental disabilities as an ex officio member of the nonprofit organization's board of directors or other governing body. Amended by Act 2019, No. 1035,§ 37, eff. 7/24/2019. Acts 2009, No. 1488, § 1.

A nonprofit organization licensed or certified by the Division of Developmental Disabilities Services to serve adults shall include an individual with intellectual or other developmental disabilities as an ex officio member of the nonprofit organization's board of directors or other governing body.

Amended by Act 2019, No. 1035,§ 37, eff. 7/24/2019.

Acts 2009, No. 1488, § 1.
Ark. Code Ann. § 20-24-112 — AR Code / Title 20 / Chapter 24 / Section 20-24-112
Testing and inspection required
Status: in_force

(a) All new and existing elevators, dumbwaiters, and escalators, except dormant elevators, dumbwaiters, and escalators, shall be tested and inspected in accordance with the following schedule: (1) (A) Every new or altered elevator, dumbwaiter, and escalator shall be inspected and tested in conformity with the applicable rules adopted by the Elevator Safety Board before the operating permit required by § 20-24-116 is issued. (B) The inspections shall be made by a licensed elevator inspector in the employ of the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative; (2) (A) The owner or lessee of every existing passenger elevator or escalator shall cause it to be inspected within three (3) months, and the owner or lessee of every existing freight elevator and dumbwaiter shall cause it to be inspected within six (6) months after the effective date of the rules adopted by the board under § 20-24-107(a) and (b) . (B) However, the division or its authorized representative, at its discretion, may extend the time specified in this subdivision (a)(2) for making inspections; and (3) (A) (i) The owner or lessee shall cause an inspection of every elevator other than a temporary elevator and escalator to be made periodically every twelfth calendar month, and of every dumbwaiter and elevator driven by manual power every twelfth calendar month, following the month in which the initial inspection required by subdivisions (a)(1) and (2) of this section has been made. (ii) However, an inspection under subdivision (a)(3)(A)(i) of this section may be made during the month following the calendar month during which the inspection is due. (B) The board may approve by administrative rule a longer period between inspections for wheelchair lifts, moving walkways, and dumbwaiters. (b) (1) (A) The inspections required by subdivisions (a)(2) and (3) of this section shall be made only by elevator inspectors who have been licensed in accordance with §§ 20-24-108 and 20-24-109 . (B) However, the elevator inspectors are not required to make any tests. (2) Tests required by the rules to be made by the owner, the lessee, or the authorized agent of either shall be made by a licensed elevator mechanic in the presence of a licensed elevator inspector. Amended by Act 2019, No. 910,§ 5476, eff. 7/1/2019. Amended by Act 2017, No. 968,§ 4, eff. 8/1/2017. Acts 1963, No. 189, § 5; A.S.A. 1947, § 82-1805.

(a) All new and existing elevators, dumbwaiters, and escalators, except dormant elevators, dumbwaiters, and escalators, shall be tested and inspected in accordance with the following schedule: (1) (A) Every new or altered elevator, dumbwaiter, and escalator shall be inspected and tested in conformity with the applicable rules adopted by the Elevator Safety Board before the operating permit required by § 20-24-116 is issued. (B) The inspections shall be made by a licensed elevator inspector in the employ of the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative; (2) (A) The owner or lessee of every existing passenger elevator or escalator shall cause it to be inspected within three (3) months, and the owner or lessee of every existing freight elevator and dumbwaiter shall cause it to be inspected within six (6) months after the effective date of the rules adopted by the board under § 20-24-107(a) and (b) . (B) However, the division or its authorized representative, at its discretion, may extend the time specified in this subdivision (a)(2) for making inspections; and (3) (A) (i) The owner or lessee shall cause an inspection of every elevator other than a temporary elevator and escalator to be made periodically every twelfth calendar month, and of every dumbwaiter and elevator driven by manual power every twelfth calendar month, following the month in which the initial inspection required by subdivisions (a)(1) and (2) of this section has been made. (ii) However, an inspection under subdivision (a)(3)(A)(i) of this section may be made during the month following the calendar month during which the inspection is due. (B) The board may approve by administrative rule a longer period between inspections for wheelchair lifts, moving walkways, and dumbwaiters.

(1) (A) Every new or altered elevator, dumbwaiter, and escalator shall be inspected and tested in conformity with the applicable rules adopted by the Elevator Safety Board before the operating permit required by § 20-24-116 is issued. (B) The inspections shall be made by a licensed elevator inspector in the employ of the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative;

(A) Every new or altered elevator, dumbwaiter, and escalator shall be inspected and tested in conformity with the applicable rules adopted by the Elevator Safety Board before the operating permit required by § 20-24-116 is issued.

(B) The inspections shall be made by a licensed elevator inspector in the employ of the Division of Occupational and Professional Licensing Boards and Commissions or its authorized representative;

(2) (A) The owner or lessee of every existing passenger elevator or escalator shall cause it to be inspected within three (3) months, and the owner or lessee of every existing freight elevator and dumbwaiter shall cause it to be inspected within six (6) months after the effective date of the rules adopted by the board under § 20-24-107(a) and (b) . (B) However, the division or its authorized representative, at its discretion, may extend the time specified in this subdivision (a)(2) for making inspections; and

(A) The owner or lessee of every existing passenger elevator or escalator shall cause it to be inspected within three (3) months, and the owner or lessee of every existing freight elevator and dumbwaiter shall cause it to be inspected within six (6) months after the effective date of the rules adopted by the board under § 20-24-107(a) and (b) .

(B) However, the division or its authorized representative, at its discretion, may extend the time specified in this subdivision (a)(2) for making inspections; and

(3) (A) (i) The owner or lessee shall cause an inspection of every elevator other than a temporary elevator and escalator to be made periodically every twelfth calendar month, and of every dumbwaiter and elevator driven by manual power every twelfth calendar month, following the month in which the initial inspection required by subdivisions (a)(1) and (2) of this section has been made. (ii) However, an inspection under subdivision (a)(3)(A)(i) of this section may be made during the month following the calendar month during which the inspection is due. (B) The board may approve by administrative rule a longer period between inspections for wheelchair lifts, moving walkways, and dumbwaiters.

(A) (i) The owner or lessee shall cause an inspection of every elevator other than a temporary elevator and escalator to be made periodically every twelfth calendar month, and of every dumbwaiter and elevator driven by manual power every twelfth calendar month, following the month in which the initial inspection required by subdivisions (a)(1) and (2) of this section has been made. (ii) However, an inspection under subdivision (a)(3)(A)(i) of this section may be made during the month following the calendar month during which the inspection is due.

(i) The owner or lessee shall cause an inspection of every elevator other than a temporary elevator and escalator to be made periodically every twelfth calendar month, and of every dumbwaiter and elevator driven by manual power every twelfth calendar month, following the month in which the initial inspection required by subdivisions (a)(1) and (2) of this section has been made.

(ii) However, an inspection under subdivision (a)(3)(A)(i) of this section may be made during the month following the calendar month during which the inspection is due.

(B) The board may approve by administrative rule a longer period between inspections for wheelchair lifts, moving walkways, and dumbwaiters.

(b) (1) (A) The inspections required by subdivisions (a)(2) and (3) of this section shall be made only by elevator inspectors who have been licensed in accordance with §§ 20-24-108 and 20-24-109 . (B) However, the elevator inspectors are not required to make any tests. (2) Tests required by the rules to be made by the owner, the lessee, or the authorized agent of either shall be made by a licensed elevator mechanic in the presence of a licensed elevator inspector.

(1) (A) The inspections required by subdivisions (a)(2) and (3) of this section shall be made only by elevator inspectors who have been licensed in accordance with §§ 20-24-108 and 20-24-109 . (B) However, the elevator inspectors are not required to make any tests.

(A) The inspections required by subdivisions (a)(2) and (3) of this section shall be made only by elevator inspectors who have been licensed in accordance with §§ 20-24-108 and 20-24-109 .

(B) However, the elevator inspectors are not required to make any tests.

(2) Tests required by the rules to be made by the owner, the lessee, or the authorized agent of either shall be made by a licensed elevator mechanic in the presence of a licensed elevator inspector.

Amended by Act 2019, No. 910,§ 5476, eff. 7/1/2019.

Amended by Act 2017, No. 968,§ 4, eff. 8/1/2017.

Acts 1963, No. 189, § 5; A.S.A. 1947, § 82-1805.
Ark. Code Ann. § 20-7-114 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-114
Public health laboratory
Status: in_force

(a) (1) The State Board of Health shall establish, equip, and maintain a public health laboratory that shall be used for making: (A) Analyses of foods and drugs to enforce pure food and drug laws; (B) Analyses of the environment to investigate cases or suspected cases of human exposure; and (C) Investigations of cases and suspected cases of malaria, diphtheria, typhoid fever, tuberculosis, epidemic cerebrospinal meningitis, glanders, hookworm disease, rabies, and other infectious, contagious, communicable, and debilitating diseases. (2) The public health laboratory shall be established and maintained at the Department of Health under the direct supervision of the Secretary of the Department of Health or his or her authorized representatives. (b) (1) The department may establish fees to be charged for performing analyses of various types of samples submitted to the public health laboratory for examination. (2) All fees levied and collected under this subsection are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund. (c) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the laboratory services that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 1805, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4929, eff. 7/1/2019. Amended by Act 2013, No. 564,§ 2, eff. 8/16/2013. Acts 1913, No. 96, § 21; C. & M. Dig., § 5136; Pope's Dig., § 6407; A.S.A. 1947, § 82-118; Acts 1987, No. 146, § 1; 1991, No. 990, §§ 4, 5; 1993, No. 485, § 1; 1997, No. 179, § 21.

(a) (1) The State Board of Health shall establish, equip, and maintain a public health laboratory that shall be used for making: (A) Analyses of foods and drugs to enforce pure food and drug laws; (B) Analyses of the environment to investigate cases or suspected cases of human exposure; and (C) Investigations of cases and suspected cases of malaria, diphtheria, typhoid fever, tuberculosis, epidemic cerebrospinal meningitis, glanders, hookworm disease, rabies, and other infectious, contagious, communicable, and debilitating diseases. (2) The public health laboratory shall be established and maintained at the Department of Health under the direct supervision of the Secretary of the Department of Health or his or her authorized representatives.

(1) The State Board of Health shall establish, equip, and maintain a public health laboratory that shall be used for making: (A) Analyses of foods and drugs to enforce pure food and drug laws; (B) Analyses of the environment to investigate cases or suspected cases of human exposure; and (C) Investigations of cases and suspected cases of malaria, diphtheria, typhoid fever, tuberculosis, epidemic cerebrospinal meningitis, glanders, hookworm disease, rabies, and other infectious, contagious, communicable, and debilitating diseases.

(A) Analyses of foods and drugs to enforce pure food and drug laws;

(B) Analyses of the environment to investigate cases or suspected cases of human exposure; and

(C) Investigations of cases and suspected cases of malaria, diphtheria, typhoid fever, tuberculosis, epidemic cerebrospinal meningitis, glanders, hookworm disease, rabies, and other infectious, contagious, communicable, and debilitating diseases.

(2) The public health laboratory shall be established and maintained at the Department of Health under the direct supervision of the Secretary of the Department of Health or his or her authorized representatives.

(b) (1) The department may establish fees to be charged for performing analyses of various types of samples submitted to the public health laboratory for examination. (2) All fees levied and collected under this subsection are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.

(1) The department may establish fees to be charged for performing analyses of various types of samples submitted to the public health laboratory for examination.

(2) All fees levied and collected under this subsection are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.

(c) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the laboratory services that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 1805, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4929, eff. 7/1/2019.

Amended by Act 2013, No. 564,§ 2, eff. 8/16/2013.

Acts 1913, No. 96, § 21; C. & M. Dig., § 5136; Pope's Dig., § 6407; A.S.A. 1947, § 82-118; Acts 1987, No. 146, § 1; 1991, No. 990, §§ 4, 5; 1993, No. 485, § 1; 1997, No. 179, § 21.
Ark. Code Ann. § 20-17-1116 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1116
Dissolution
Status: in_force

(a) The district shall not cease to exist upon the completion of the improvement, but it shall continue to exist for the purpose of operating and maintaining the cemetery until such time as the owners of a majority in value of the real property within the district petition the county court for dissolution of the district. (b) Publication of the petition for dissolution, as provided for in creating the district, shall be made, and if the county court finds that a majority in value of the real property in the district has petitioned for the dissolution of the district, the district shall be dissolved. (c) Parties for or against the dissolution shall have the same right of appeal as in the creation of the district. Acts 1957, No. 318, § 13; A.S.A. 1947, § 20-1313.

(a) The district shall not cease to exist upon the completion of the improvement, but it shall continue to exist for the purpose of operating and maintaining the cemetery until such time as the owners of a majority in value of the real property within the district petition the county court for dissolution of the district.

(b) Publication of the petition for dissolution, as provided for in creating the district, shall be made, and if the county court finds that a majority in value of the real property in the district has petitioned for the dissolution of the district, the district shall be dissolved.

(c) Parties for or against the dissolution shall have the same right of appeal as in the creation of the district.

Acts 1957, No. 318, § 13; A.S.A. 1947, § 20-1313.
Ark. Code Ann. § 20-46-312 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-312
Assistance, cooperation, and purchase of services by certain governmental units
Status: in_force

Any state board, state agency, county, municipality, court, school district, hospital district, or other political subdivision of the state or any county court or circuit court is authorized to purchase mental health services from community mental health clinics or centers or to assist and cooperate with these clinics or centers by providing services, facilities, and professional assistance, wherever the assistance is reasonable and furthers the general welfare of the state, county, region, or community. Acts 1971, No. 433, ch. 2, § 5; A.S.A. 1947, § 59-305.

Any state board, state agency, county, municipality, court, school district, hospital district, or other political subdivision of the state or any county court or circuit court is authorized to purchase mental health services from community mental health clinics or centers or to assist and cooperate with these clinics or centers by providing services, facilities, and professional assistance, wherever the assistance is reasonable and furthers the general welfare of the state, county, region, or community.

Acts 1971, No. 433, ch. 2, § 5; A.S.A. 1947, § 59-305.
Ark. Code Ann. § 20-77-132 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-132
Diagnosis-related group methodology for hospitals - Definition
Status: in_force

(a) As used in this section, "diagnosis-related group methodology" means a system of classification of diagnoses and procedures based on the International Classification of Diseases, Tenth Revision, Clinical Modification, also known as ICD-10-CM, including without limitation: (1) The all-patient refined diagnosis-related groups system; and (2) The enhanced ambulatory procedure grouping system. (b) To the extent possible, the Department of Human Services shall convert the hospital reimbursement systems under the Arkansas Medicaid Program to a diagnosis-related group methodology to allow more accurate classification of patient populations and description of mortality risks and severity of patient illness. (c) (1) The department shall promulgate rules to implement this section. (2) The rules adopted under subdivision (c)(1) of this section shall address: (A) How supplemental payments to hospitals shall be considered; (B) Whether funding for the transition from per diem reimbursement to diagnosis-related group methodology shall be provided to hospitals; and (C) Whether certain types of hospital providers shall be exempt from the diagnosis-related group methodology. (d) (1) The department, in coordination with the Arkansas Hospital Association, Inc., shall develop a plan for the conversion of the hospital reimbursement systems under the Arkansas Medicaid Program as described in subsection (b) of this section. (2) The conversion plan shall: (A) Include estimates of the impact of the conversion on all state and federal funds used for hospital payment, including without limitation any impact on critical-access hospitals; and (B) Be submitted to the Legislative Council for review on or before January 1, 2018. Added by Act 2017, No. 517,§ 1, eff. 8/1/2017.

(a) As used in this section, "diagnosis-related group methodology" means a system of classification of diagnoses and procedures based on the International Classification of Diseases, Tenth Revision, Clinical Modification, also known as ICD-10-CM, including without limitation: (1) The all-patient refined diagnosis-related groups system; and (2) The enhanced ambulatory procedure grouping system.

(1) The all-patient refined diagnosis-related groups system; and

(2) The enhanced ambulatory procedure grouping system.

(b) To the extent possible, the Department of Human Services shall convert the hospital reimbursement systems under the Arkansas Medicaid Program to a diagnosis-related group methodology to allow more accurate classification of patient populations and description of mortality risks and severity of patient illness.

(c) (1) The department shall promulgate rules to implement this section. (2) The rules adopted under subdivision (c)(1) of this section shall address: (A) How supplemental payments to hospitals shall be considered; (B) Whether funding for the transition from per diem reimbursement to diagnosis-related group methodology shall be provided to hospitals; and (C) Whether certain types of hospital providers shall be exempt from the diagnosis-related group methodology.

(1) The department shall promulgate rules to implement this section.

(2) The rules adopted under subdivision (c)(1) of this section shall address: (A) How supplemental payments to hospitals shall be considered; (B) Whether funding for the transition from per diem reimbursement to diagnosis-related group methodology shall be provided to hospitals; and (C) Whether certain types of hospital providers shall be exempt from the diagnosis-related group methodology.

(A) How supplemental payments to hospitals shall be considered;

(B) Whether funding for the transition from per diem reimbursement to diagnosis-related group methodology shall be provided to hospitals; and

(C) Whether certain types of hospital providers shall be exempt from the diagnosis-related group methodology.

(d) (1) The department, in coordination with the Arkansas Hospital Association, Inc., shall develop a plan for the conversion of the hospital reimbursement systems under the Arkansas Medicaid Program as described in subsection (b) of this section. (2) The conversion plan shall: (A) Include estimates of the impact of the conversion on all state and federal funds used for hospital payment, including without limitation any impact on critical-access hospitals; and (B) Be submitted to the Legislative Council for review on or before January 1, 2018.

(1) The department, in coordination with the Arkansas Hospital Association, Inc., shall develop a plan for the conversion of the hospital reimbursement systems under the Arkansas Medicaid Program as described in subsection (b) of this section.

(2) The conversion plan shall: (A) Include estimates of the impact of the conversion on all state and federal funds used for hospital payment, including without limitation any impact on critical-access hospitals; and (B) Be submitted to the Legislative Council for review on or before January 1, 2018.

(A) Include estimates of the impact of the conversion on all state and federal funds used for hospital payment, including without limitation any impact on critical-access hospitals; and

(B) Be submitted to the Legislative Council for review on or before January 1, 2018.

Added by Act 2017, No. 517,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-7-601 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Prescription Drug Monitoring Program Act". Acts 2011, No. 304, § 1.

This subchapter shall be known and may be cited as the "Prescription Drug Monitoring Program Act".

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-10-1302 — AR Code / Title 20 / Chapter 10 / Subchapter 13 / Section 20-10-1302
Purpose
Status: in_force

It is recognized that: (1) The sixth leading cause of death in Arkansas is the combined diagnostic category of pneumonia and influenza; (2) Approximately ninety percent (90%) of the pneumonia and influenza deaths are in those over sixty-five (65) years of age; (3) The Centers for Disease Control and Prevention recommends that individuals over the age of sixty-five (65) years have annual flu shots and a pneumococcal vaccine one (1) time; (4) The Centers for Disease Control and Prevention further suggests that consent for immunization be acquired at the time of nursing home admission; (5) Current utilization of the flu shots by nursing home residents is approximately fifty percent (50%); (6) The elderly living in an institutional setting, where disease may be more readily transmitted, are less protected than those living in the community; and (7) The pneumococcal vaccine utilization by nursing home residents is approximately thirty percent (30%). Acts 1999, No. 1524, § 2.

It is recognized that:

(1) The sixth leading cause of death in Arkansas is the combined diagnostic category of pneumonia and influenza;

(2) Approximately ninety percent (90%) of the pneumonia and influenza deaths are in those over sixty-five (65) years of age;

(3) The Centers for Disease Control and Prevention recommends that individuals over the age of sixty-five (65) years have annual flu shots and a pneumococcal vaccine one (1) time;

(4) The Centers for Disease Control and Prevention further suggests that consent for immunization be acquired at the time of nursing home admission;

(5) Current utilization of the flu shots by nursing home residents is approximately fifty percent (50%);

(6) The elderly living in an institutional setting, where disease may be more readily transmitted, are less protected than those living in the community; and

(7) The pneumococcal vaccine utilization by nursing home residents is approximately thirty percent (30%).

Acts 1999, No. 1524, § 2.