Ark. Code Ann. § 20-77-2808 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2808
Notice of assessment
Status: in_force

(a) (1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each medical transportation provider informing the medical transportation provider of the assessment rate, the medical transportation provider's net operating revenue calculation, and the estimated assessment amount owed by the medical transportation provider for the applicable fiscal year. (2) Except as set forth in subdivision (a)(3) of this section, annual notices of assessment shall be sent at least forty-five (45) days before the due date for the first quarterly assessment payment of each fiscal year. (3) The first notice of assessment shall be sent within seventy-five (75) days after receipt by the division of notification from the Centers for Medicare & Medicaid Services that the payments required under § 20-77-2809 and, if necessary, the waiver granted under 42 C.F.R. § 433.68 have been approved. (b) The medical transportation provider shall have thirty (30) days from the date of its receipt of a notice of assessment to review and verify the assessment rate, the medical transportation provider's net operating revenue calculation, and the estimated assessment amount. (c) (1) If a medical transportation provider operates, conducts, or maintains more than one (1) medical transportation provider in the state, the medical transportation provider shall pay the assessment for each medical transportation provider separately. (2) However, if the medical transportation provider operates more than one (1) medical transportation provider under one (1) Medicaid provider number, the medical transportation provider may pay the assessment for the medical transportation providers in the aggregate. (d) (1) For a medical transportation provider subject to the assessment imposed under § 20-77-2803 that ceases to conduct medical transportation operations or maintain its state license or did not conduct medical transportation operations throughout a state fiscal year, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the annual assessment computed under § 20-77-2803 by a fraction, the numerator of which is the number of days during the year that the medical transportation provider operated and the denominator of which is three hundred sixty-five (365). (2) Immediately upon ceasing to operate, the medical transportation provider shall pay the adjusted assessment for that state fiscal year to the extent not previously paid. (e) A medical transportation provider subject to an assessment under this subchapter that has not been previously licensed as a medical transportation provider in Arkansas and that commences medical transportation operations during a state fiscal year shall pay the required assessment computed under § 20-77-2803 and shall be eligible for emergency medical transportation access payments under § 20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) A medical transportation provider that is exempted from payment of the assessment under § 20-77-2806 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes subject to the assessment shall pay the required assessment computed under § 20-77-2803 and shall be eligible for emergency medical transportation access payments under § 20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (g) A medical transportation provider that is subject to payment of the assessment computed under § 20-77-2803 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes exempted from payment under § 20-77-2806 shall be relieved of its obligation to pay the medical transportation provider assessment and shall become ineligible for emergency medical transportation access payments under § 20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) (1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each medical transportation provider informing the medical transportation provider of the assessment rate, the medical transportation provider's net operating revenue calculation, and the estimated assessment amount owed by the medical transportation provider for the applicable fiscal year. (2) Except as set forth in subdivision (a)(3) of this section, annual notices of assessment shall be sent at least forty-five (45) days before the due date for the first quarterly assessment payment of each fiscal year. (3) The first notice of assessment shall be sent within seventy-five (75) days after receipt by the division of notification from the Centers for Medicare & Medicaid Services that the payments required under § 20-77-2809 and, if necessary, the waiver granted under 42 C.F.R. § 433.68 have been approved.

(1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each medical transportation provider informing the medical transportation provider of the assessment rate, the medical transportation provider's net operating revenue calculation, and the estimated assessment amount owed by the medical transportation provider for the applicable fiscal year.

(2) Except as set forth in subdivision (a)(3) of this section, annual notices of assessment shall be sent at least forty-five (45) days before the due date for the first quarterly assessment payment of each fiscal year.

(3) The first notice of assessment shall be sent within seventy-five (75) days after receipt by the division of notification from the Centers for Medicare & Medicaid Services that the payments required under § 20-77-2809 and, if necessary, the waiver granted under 42 C.F.R. § 433.68 have been approved.

(b) The medical transportation provider shall have thirty (30) days from the date of its receipt of a notice of assessment to review and verify the assessment rate, the medical transportation provider's net operating revenue calculation, and the estimated assessment amount.

(c) (1) If a medical transportation provider operates, conducts, or maintains more than one (1) medical transportation provider in the state, the medical transportation provider shall pay the assessment for each medical transportation provider separately. (2) However, if the medical transportation provider operates more than one (1) medical transportation provider under one (1) Medicaid provider number, the medical transportation provider may pay the assessment for the medical transportation providers in the aggregate.

(1) If a medical transportation provider operates, conducts, or maintains more than one (1) medical transportation provider in the state, the medical transportation provider shall pay the assessment for each medical transportation provider separately.

(2) However, if the medical transportation provider operates more than one (1) medical transportation provider under one (1) Medicaid provider number, the medical transportation provider may pay the assessment for the medical transportation providers in the aggregate.

(d) (1) For a medical transportation provider subject to the assessment imposed under § 20-77-2803 that ceases to conduct medical transportation operations or maintain its state license or did not conduct medical transportation operations throughout a state fiscal year, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the annual assessment computed under § 20-77-2803 by a fraction, the numerator of which is the number of days during the year that the medical transportation provider operated and the denominator of which is three hundred sixty-five (365). (2) Immediately upon ceasing to operate, the medical transportation provider shall pay the adjusted assessment for that state fiscal year to the extent not previously paid.

(1) For a medical transportation provider subject to the assessment imposed under § 20-77-2803 that ceases to conduct medical transportation operations or maintain its state license or did not conduct medical transportation operations throughout a state fiscal year, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the annual assessment computed under § 20-77-2803 by a fraction, the numerator of which is the number of days during the year that the medical transportation provider operated and the denominator of which is three hundred sixty-five (365).

(2) Immediately upon ceasing to operate, the medical transportation provider shall pay the adjusted assessment for that state fiscal year to the extent not previously paid.

(e) A medical transportation provider subject to an assessment under this subchapter that has not been previously licensed as a medical transportation provider in Arkansas and that commences medical transportation operations during a state fiscal year shall pay the required assessment computed under § 20-77-2803 and shall be eligible for emergency medical transportation access payments under § 20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(f) A medical transportation provider that is exempted from payment of the assessment under § 20-77-2806 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes subject to the assessment shall pay the required assessment computed under § 20-77-2803 and shall be eligible for emergency medical transportation access payments under § 20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(g) A medical transportation provider that is subject to payment of the assessment computed under § 20-77-2803 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes exempted from payment under § 20-77-2806 shall be relieved of its obligation to pay the medical transportation provider assessment and shall become ineligible for emergency medical transportation access payments under § 20-77-2809 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-76-106 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-106
Statewide implementation plan - Transitional Employment Assistance
Status: in_force

(a) The Department of Human Services shall: (1) Develop a statewide implementation plan for ensuring the cooperation of state agencies and local agencies and encouraging the cooperation of private entities, especially those receiving state funds, in the coordination and implementation of the Transitional Employment Assistance Program, the Arkansas Work Pays Program, and achievement of the goals; and (2) (A) Ensure that program recipients throughout the state, including those in rural areas, have comparable access to transitional employment assistance benefits. (B) The statewide implementation plan shall be subject to the review and recommendation of the Arkansas Workforce Development Board. (b) At a minimum, the transitional employment assistance implementation plan shall include: (1) Performance standards and measurement criteria for state and county offices of the department and all service providers under the program; (2) Contract guidelines for contract service providers under the program; (3) Guidelines for training transitional employment assistance service providers, whether state employees or contract providers; (4) Functions to be performed by each state agency in helping recipients make the transition from welfare to work; (5) Guidelines for clarifying or, if necessary, modifying the rules of the state agencies charged with implementing the program so that all unnecessary duplication is eliminated; (6) Guidelines for modifying compensation and incentive programs for state employees in order to achieve the performance outcomes necessary for successful implementation of the program; (7) Guidelines for timely assessments for each participant which lead to an individual personal responsibility agreement that identifies the strengths of the participant and the barriers faced in obtaining a job and reaching self-sufficiency and the services to be provided to assist the participant in finding and keeping work and in moving toward self-sufficiency; (8) Guidelines for timely provision of needed support services as specified in the individual personal responsibility agreement. These guidelines shall include procedures for evaluating the quality and value of assessments and the provision of support services; (9) Guidelines governing job search requirements for transitional employment assistance applicants; (10) Guidelines governing the provision of support services to transitional employment assistance participants and former transitional employment assistance participants to assist them in retaining employment and earning higher wages and career advancement; (11) Guidelines governing the combining of work with education and training; (12) Guidelines for the independent evaluation of all cases closed due to sanctions or time limits; (13) A micro-lending program and an individual development trust account demonstration project for program recipients; (14) Criteria for relocation of program recipients which take into account factors, including, but not limited to, job availability, availability of support services, and proximity of relocation area to current residence; (15) Criteria for prioritizing work activities of program recipients in the event that funds are projected to be insufficient to support full-time work activities of program recipients. The criteria may include, but not be limited to, priorities based on the following: (A) At least one (1) adult in each two-parent family shall be assigned priority for full-time work activities; (B) Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities; (C) A recipient who has access to nonsubsidized child care may be assigned priority for work activities; and (D) Priority may be assigned based on the amount of time remaining until the recipient reaches the applicable time limit for program participation or may be based on requirements of a personal responsibility agreement; and (16) The development of a performance-based payment structure to be used for all program services which takes into account the degree of difficulty associated with placing a program recipient in a job, the quality of placement with regard to salary, benefits, and opportunities for advancement, and the recipient's retention of the placement. The payment structure should provide, if appropriate, bonus payments to providers that experience notable success in achieving long-term job retention with program recipients. (c) (1) (A) The department shall prepare a comprehensive annual program report. (B) The report shall be subject to review and recommendation by the board. (2) The department shall submit the comprehensive annual program report to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor. (3) The comprehensive annual program report shall contain proposals for measuring and making progress toward the transitional employment assistance outcomes during the succeeding three-year period. (4) The comprehensive annual program report to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor shall include all information that the board deems necessary for determining progress in achieving the outcomes. (5) Information shall be provided for the state, each employment opportunity district, and each county. (6) The report shall also include all information requested by resolution of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (7) This report shall include a copy of all federal monthly, quarterly, and annual reports submitted by the department regarding the Temporary Assistance for Needy Families Program. (d) The House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor shall report annually to the General Assembly their findings and recommendations regarding the program. Amended by Act 2023, No. 832,§ 6, eff. 7/1/2023. Amended by Act 2023, No. 832,§ 5, eff. 7/1/2023. Amended by Act 2023, No. 832,§ 4, eff. 7/1/2023. Amended by Act 2023, No. 832,§ 3, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 505, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 504, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 503, eff. 7/1/2019. Amended by Act 2015, No. 907,§ 9, eff. 7/1/2015. Acts 1997, No. 1058, § 4; 1999, No. 1567, § 7; 2001, No. 1264, § 4; 2005, No. 1705, § 7; 2007, No. 514, §§ 3, 4; 2009, No. 415, § 1; 2011, No. 817, § 1.

(a) The Department of Human Services shall: (1) Develop a statewide implementation plan for ensuring the cooperation of state agencies and local agencies and encouraging the cooperation of private entities, especially those receiving state funds, in the coordination and implementation of the Transitional Employment Assistance Program, the Arkansas Work Pays Program, and achievement of the goals; and (2) (A) Ensure that program recipients throughout the state, including those in rural areas, have comparable access to transitional employment assistance benefits. (B) The statewide implementation plan shall be subject to the review and recommendation of the Arkansas Workforce Development Board.

(1) Develop a statewide implementation plan for ensuring the cooperation of state agencies and local agencies and encouraging the cooperation of private entities, especially those receiving state funds, in the coordination and implementation of the Transitional Employment Assistance Program, the Arkansas Work Pays Program, and achievement of the goals; and

(2) (A) Ensure that program recipients throughout the state, including those in rural areas, have comparable access to transitional employment assistance benefits. (B) The statewide implementation plan shall be subject to the review and recommendation of the Arkansas Workforce Development Board.

(A) Ensure that program recipients throughout the state, including those in rural areas, have comparable access to transitional employment assistance benefits.

(B) The statewide implementation plan shall be subject to the review and recommendation of the Arkansas Workforce Development Board.

(b) At a minimum, the transitional employment assistance implementation plan shall include: (1) Performance standards and measurement criteria for state and county offices of the department and all service providers under the program; (2) Contract guidelines for contract service providers under the program; (3) Guidelines for training transitional employment assistance service providers, whether state employees or contract providers; (4) Functions to be performed by each state agency in helping recipients make the transition from welfare to work; (5) Guidelines for clarifying or, if necessary, modifying the rules of the state agencies charged with implementing the program so that all unnecessary duplication is eliminated; (6) Guidelines for modifying compensation and incentive programs for state employees in order to achieve the performance outcomes necessary for successful implementation of the program; (7) Guidelines for timely assessments for each participant which lead to an individual personal responsibility agreement that identifies the strengths of the participant and the barriers faced in obtaining a job and reaching self-sufficiency and the services to be provided to assist the participant in finding and keeping work and in moving toward self-sufficiency; (8) Guidelines for timely provision of needed support services as specified in the individual personal responsibility agreement. These guidelines shall include procedures for evaluating the quality and value of assessments and the provision of support services; (9) Guidelines governing job search requirements for transitional employment assistance applicants; (10) Guidelines governing the provision of support services to transitional employment assistance participants and former transitional employment assistance participants to assist them in retaining employment and earning higher wages and career advancement; (11) Guidelines governing the combining of work with education and training; (12) Guidelines for the independent evaluation of all cases closed due to sanctions or time limits; (13) A micro-lending program and an individual development trust account demonstration project for program recipients; (14) Criteria for relocation of program recipients which take into account factors, including, but not limited to, job availability, availability of support services, and proximity of relocation area to current residence; (15) Criteria for prioritizing work activities of program recipients in the event that funds are projected to be insufficient to support full-time work activities of program recipients. The criteria may include, but not be limited to, priorities based on the following: (A) At least one (1) adult in each two-parent family shall be assigned priority for full-time work activities; (B) Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities; (C) A recipient who has access to nonsubsidized child care may be assigned priority for work activities; and (D) Priority may be assigned based on the amount of time remaining until the recipient reaches the applicable time limit for program participation or may be based on requirements of a personal responsibility agreement; and (16) The development of a performance-based payment structure to be used for all program services which takes into account the degree of difficulty associated with placing a program recipient in a job, the quality of placement with regard to salary, benefits, and opportunities for advancement, and the recipient's retention of the placement. The payment structure should provide, if appropriate, bonus payments to providers that experience notable success in achieving long-term job retention with program recipients.

(1) Performance standards and measurement criteria for state and county offices of the department and all service providers under the program;

(2) Contract guidelines for contract service providers under the program;

(3) Guidelines for training transitional employment assistance service providers, whether state employees or contract providers;

(4) Functions to be performed by each state agency in helping recipients make the transition from welfare to work;

(5) Guidelines for clarifying or, if necessary, modifying the rules of the state agencies charged with implementing the program so that all unnecessary duplication is eliminated;

(6) Guidelines for modifying compensation and incentive programs for state employees in order to achieve the performance outcomes necessary for successful implementation of the program;

(7) Guidelines for timely assessments for each participant which lead to an individual personal responsibility agreement that identifies the strengths of the participant and the barriers faced in obtaining a job and reaching self-sufficiency and the services to be provided to assist the participant in finding and keeping work and in moving toward self-sufficiency;

(8) Guidelines for timely provision of needed support services as specified in the individual personal responsibility agreement. These guidelines shall include procedures for evaluating the quality and value of assessments and the provision of support services;

(9) Guidelines governing job search requirements for transitional employment assistance applicants;

(10) Guidelines governing the provision of support services to transitional employment assistance participants and former transitional employment assistance participants to assist them in retaining employment and earning higher wages and career advancement;

(11) Guidelines governing the combining of work with education and training;

(12) Guidelines for the independent evaluation of all cases closed due to sanctions or time limits;

(13) A micro-lending program and an individual development trust account demonstration project for program recipients;

(14) Criteria for relocation of program recipients which take into account factors, including, but not limited to, job availability, availability of support services, and proximity of relocation area to current residence;

(15) Criteria for prioritizing work activities of program recipients in the event that funds are projected to be insufficient to support full-time work activities of program recipients. The criteria may include, but not be limited to, priorities based on the following: (A) At least one (1) adult in each two-parent family shall be assigned priority for full-time work activities; (B) Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities; (C) A recipient who has access to nonsubsidized child care may be assigned priority for work activities; and (D) Priority may be assigned based on the amount of time remaining until the recipient reaches the applicable time limit for program participation or may be based on requirements of a personal responsibility agreement; and

(A) At least one (1) adult in each two-parent family shall be assigned priority for full-time work activities;

(B) Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities;

(C) A recipient who has access to nonsubsidized child care may be assigned priority for work activities; and

(D) Priority may be assigned based on the amount of time remaining until the recipient reaches the applicable time limit for program participation or may be based on requirements of a personal responsibility agreement; and

(16) The development of a performance-based payment structure to be used for all program services which takes into account the degree of difficulty associated with placing a program recipient in a job, the quality of placement with regard to salary, benefits, and opportunities for advancement, and the recipient's retention of the placement. The payment structure should provide, if appropriate, bonus payments to providers that experience notable success in achieving long-term job retention with program recipients.

(c) (1) (A) The department shall prepare a comprehensive annual program report. (B) The report shall be subject to review and recommendation by the board. (2) The department shall submit the comprehensive annual program report to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor. (3) The comprehensive annual program report shall contain proposals for measuring and making progress toward the transitional employment assistance outcomes during the succeeding three-year period. (4) The comprehensive annual program report to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor shall include all information that the board deems necessary for determining progress in achieving the outcomes. (5) Information shall be provided for the state, each employment opportunity district, and each county. (6) The report shall also include all information requested by resolution of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (7) This report shall include a copy of all federal monthly, quarterly, and annual reports submitted by the department regarding the Temporary Assistance for Needy Families Program.

(1) (A) The department shall prepare a comprehensive annual program report. (B) The report shall be subject to review and recommendation by the board.

(A) The department shall prepare a comprehensive annual program report.

(B) The report shall be subject to review and recommendation by the board.

(2) The department shall submit the comprehensive annual program report to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor.

(3) The comprehensive annual program report shall contain proposals for measuring and making progress toward the transitional employment assistance outcomes during the succeeding three-year period.

(4) The comprehensive annual program report to the Governor, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor shall include all information that the board deems necessary for determining progress in achieving the outcomes.

(5) Information shall be provided for the state, each employment opportunity district, and each county.

(6) The report shall also include all information requested by resolution of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

(7) This report shall include a copy of all federal monthly, quarterly, and annual reports submitted by the department regarding the Temporary Assistance for Needy Families Program.

(d) The House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor shall report annually to the General Assembly their findings and recommendations regarding the program.

Amended by Act 2023, No. 832,§ 6, eff. 7/1/2023.

Amended by Act 2023, No. 832,§ 5, eff. 7/1/2023.

Amended by Act 2023, No. 832,§ 4, eff. 7/1/2023.

Amended by Act 2023, No. 832,§ 3, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 505, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 504, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 503, eff. 7/1/2019.

Amended by Act 2015, No. 907,§ 9, eff. 7/1/2015.

Acts 1997, No. 1058, § 4; 1999, No. 1567, § 7; 2001, No. 1264, § 4; 2005, No. 1705, § 7; 2007, No. 514, §§ 3, 4; 2009, No. 415, § 1; 2011, No. 817, § 1.
Ark. Code Ann. § 20-64-815 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-815
Petition for involuntary commitment
Status: in_force

(a) Any person having any reason to believe that a person is homicidal, suicidal, or gravely disabled may file a petition with the clerk of the circuit court of the county in which the person alleged to be addicted to alcohol or other drugs resides or is detained and be represented by the prosecuting attorney or by any other licensed attorney within the State of Arkansas. (b) The petition for involuntary commitment shall: (1) State whether the person is believed to be homicidal, suicidal, or gravely disabled; (2) Describe the conduct, signs, and symptoms upon which the petition is based. The descriptions shall be limited to facts within the petitioner's personal knowledge; (3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and (4) Contain a specific prayer for commitment of the person to an appropriate designated receiving facility or program, including residential inpatient or outpatient treatment for his or her addiction to alcohol or other drugs. (c) Personal service of the petition shall be made in accordance with the Arkansas Rules of Civil Procedure and shall include: (1) A notice of the date, time, and place of hearing; and (2) A notice that if the person shall fail to appear, the court shall issue an order directing a law enforcement officer to place the person in custody for the purpose of a hearing unless the court finds that the person is unable to appear by reason of physical infirmity or that the appearance would be detrimental to his or her health, well-being, or treatment. Acts 1989 (3rd Ex. Sess.), No. 10, § 6; 1995, No. 1268, § 6; 1997, No. 1246, § 2.

(a) Any person having any reason to believe that a person is homicidal, suicidal, or gravely disabled may file a petition with the clerk of the circuit court of the county in which the person alleged to be addicted to alcohol or other drugs resides or is detained and be represented by the prosecuting attorney or by any other licensed attorney within the State of Arkansas.

(b) The petition for involuntary commitment shall: (1) State whether the person is believed to be homicidal, suicidal, or gravely disabled; (2) Describe the conduct, signs, and symptoms upon which the petition is based. The descriptions shall be limited to facts within the petitioner's personal knowledge; (3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and (4) Contain a specific prayer for commitment of the person to an appropriate designated receiving facility or program, including residential inpatient or outpatient treatment for his or her addiction to alcohol or other drugs.

(1) State whether the person is believed to be homicidal, suicidal, or gravely disabled;

(2) Describe the conduct, signs, and symptoms upon which the petition is based. The descriptions shall be limited to facts within the petitioner's personal knowledge;

(3) Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and

(4) Contain a specific prayer for commitment of the person to an appropriate designated receiving facility or program, including residential inpatient or outpatient treatment for his or her addiction to alcohol or other drugs.

(c) Personal service of the petition shall be made in accordance with the Arkansas Rules of Civil Procedure and shall include: (1) A notice of the date, time, and place of hearing; and (2) A notice that if the person shall fail to appear, the court shall issue an order directing a law enforcement officer to place the person in custody for the purpose of a hearing unless the court finds that the person is unable to appear by reason of physical infirmity or that the appearance would be detrimental to his or her health, well-being, or treatment.

(1) A notice of the date, time, and place of hearing; and

(2) A notice that if the person shall fail to appear, the court shall issue an order directing a law enforcement officer to place the person in custody for the purpose of a hearing unless the court finds that the person is unable to appear by reason of physical infirmity or that the appearance would be detrimental to his or her health, well-being, or treatment.

Acts 1989 (3rd Ex. Sess.), No. 10, § 6; 1995, No. 1268, § 6; 1997, No. 1246, § 2.
Ark. Code Ann. § 20-22-716 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-716
License limitations
Status: in_force

(a) An importer license does not authorize a person to sell fireworks at wholesale or retail. (b) A jobber that does not possess an importer license shall not purchase fireworks other than from a vendor that holds a license as an importer and as a distributor. Added by Act 2013, No. 1000,§ 2, eff. 1/1/2014.

(a) An importer license does not authorize a person to sell fireworks at wholesale or retail.

(b) A jobber that does not possess an importer license shall not purchase fireworks other than from a vendor that holds a license as an importer and as a distributor.

Added by Act 2013, No. 1000,§ 2, eff. 1/1/2014.
Ark. Code Ann. § 20-19-301 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-301
Title
Status: in_force

This subchapter shall be known as the "Rabies Control Act". Acts 1968 (1st Ex. Sess.), No. 11, § 1; A.S.A. 1947, § 82-2401.

This subchapter shall be known as the "Rabies Control Act".

Acts 1968 (1st Ex. Sess.), No. 11, § 1; A.S.A. 1947, § 82-2401.
Ark. Code Ann. § 20-10-224 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-224
License required - Administration by Department of Human Services
Status: in_force

(a) A long-term care facility or related institution shall not be established, conducted, or maintained in this state without obtaining a license. (b) (1) By properly promulgating rules, the Department of Human Services may provide for the issuance of provisional long-term care facility licenses and long-term care facility licenses, including the licensure of facilities with specialized wings, units, or rooms for residents with dementia, Alzheimer's disease, and other related conditions. (2) The licenses shall be effective without expiration unless the license is revoked, suspended, or terminated by the department. (3) (A) If issued, a provisional license shall be effective upon submission of the application for licensure to the department. (B) The provisional license shall remain in effect until the issuance of the long-term care facility license unless the provisional license is revoked, suspended, or terminated by the department. (c) (1) Applicants for long-term care facility licensure shall file applications under oath with the department. (2) Applications shall be signed by the administrator or the owner of the facility. (3) Applications shall set forth the full name and address of the facility for which licensure is sought and additional information as the department may require, including without limitation: (A) Information on the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility; (B) Information on the owner or owners of the building or other structures that will be used in the operation of the facility; (C) Information on all other facilities owned, operated, or managed by the applicant or applicants; (D) Information on all other facilities owned, operated, or managed by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility; and (E) Affirmative evidence of ability to comply with standards, rules, and regulations as may be lawfully prescribed. (d) (1) A license shall not be issued for any long-term care facility unless the applicant has included in the application all information required for licensure and disclosure. (2) The requirement under subdivision (d)(1) of this section, as well as any other requirement determined appropriate by the department, shall be in accordance with this section and the guidelines provided by the department. (e) (1) (A) Whenever ownership of controlling interest in the operation of a facility is sold by the person or persons named in the license to any other person or persons, the buyer shall obtain a license to operate the facility. (B) The buyer shall notify the department of the sale and apply for a license at least thirty (30) days before the completed sale. (2) (A) Except as provided by the Arkansas Long-Term Care Facility Receivership Law, § 20-10-901 et seq., the seller shall notify the department at least thirty (30) days before the completed sale. (B) The seller shall remain responsible for the operation of the facility until such time as a license is issued to the buyer. (3) The buyer shall be subject to any plan of correction submitted by the previous licensee and approved by the department. (4) The seller shall remain liable for all penalties assessed against the facility that are imposed for violations or deficiencies occurring before the date the department issues the long-term care facility license to the buyer. (5) The seller shall remain liable for all quality assurance fees and license fees that are assessed to the facility before the date the department issues the long-term care facility license to the buyer. (6) Before the department may approve the application for licensure of the buyer, the department shall consider and may deny a license based upon whether: (A) The administrator, directors, management company, operator, or other management agent that the applicant will use to manage the facility has ever been convicted of a felony; (B) A facility or facilities owned or operated by the applicant or applicants have been found, after final administrative decision, to have committed a Class A violation; (C) A facility or facilities owned or operated by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility have been found, after final administrative decision, to have committed a Class A violation; (D) The applicant or applicants have had a license revoked or suspended; (E) The administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility have had a license revoked; (F) The applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the applicant or applicants is and has been in substantial compliance with the standards as set by applicable state and federal law; or (G) The applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility is and has been in substantial compliance with the standards as set by applicable state and federal law. (7) Before the department may approve the application for licensure of the buyer, the seller or the buyer shall pay all outstanding quality assurance fees and license fees. (8) The department may consider the mitigation of compliance issues by: (A) An applicant or applicants related to subdivision (e)(6) of this section; and (B) The administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility related to subdivision (e)(6) of this section. (f) (1) Before issuing a license, or approving the operation of any long-term care facility that was not licensed at the time of application or any additional bed capacity of a licensed facility, the department shall consider and may deny a license based upon the criteria established in subdivision (e)(6) of this section. (2) This subsection is not intended to circumvent or alter the requirements set forth in § 20-8-101 et seq. (g) Except for facilities operated by the State of Arkansas, each long-term care facility shall pay an annual licensure fee in the following amount: (1) Residential care facilities shall pay an annual fee determined by multiplying five dollars ($5.00) by the total number of licensed resident beds; (2) Adult day care and adult day healthcare facilities shall pay an annual fee determined by multiplying five dollars ($5.00) by the maximum number of persons the facility can serve; and (3) All other long-term care facilities shall pay an annual fee determined by multiplying ten dollars ($10.00) by the total licensed resident beds or maximum licensed client population. (h) Annual licensure fees shall be tendered with each application for a new long-term care facility license and annually thereafter by the anniversary of the date the department issued the long-term care facility license. (i) Annual licensure fees are payable in one (1) sum. (j) Any fee not paid when due shall be delinquent and shall be subject to assessment of a ten-percent penalty. (k) (1) A license or licensure renewal shall not be issued unless the inital annual licensure fee has been paid in full. (2) If a long-term care facility fails to pay the annual licensure fee within sixty (60) calendar days of the anniversary of the date the department issued the long-term care facility license, the department may suspend the license until the annual licensure fee is paid in full. (l) Licenses shall be issued only for the premises and persons named in the application and shall not be transferable. (m) All funds derived from fees collected pursuant to §§ 20-10-213 - 20-10-228 shall be deposited into the State Treasury and credited to the Division of Economic and Medical Services Administrative Fund to be used for the maintenance and operation of the long-term care facility licensure program. (n) The department shall not require a license for an adult day care program that is excepted from the definition of "long-term care facility" under § 20-10-101 . (o) (1) If a long-term care facility intends to add, remove, or otherwise change the management company, operator, or other management agent that manages the long-term care facility, the long-term care facility shall notify the department. (2) The long-term care facility shall notify the department of the change and request approval at least thirty (30) days before the change occurs. (3) The long-term care facility shall provide the department with the information required to allow the department to evaluate whether the new management company, operator, or other management agent that manages the long-term care facility meets the eligibility criteria set forth in subdivision (e)(6) of this section. (4) (A) The long-term care facility shall receive approval of the change from the department before the change occurs unless the change is required due to an emergency. (B) If a change occurs without prior approval from the department due to an emergency, the long-term care facility shall notify the department within ten (10) days of the change. (5) (A) The department may deny a requested change based on the criteria established in subdivision (e)(6) of this section. (B) If the department denies a requested change, the long-term care facility may not employ or otherwise use the denied management company, operator, or other management agent. (p) A long-term care facility is not required to notify or receive approval from the department for a change involving vendors that provide services to the long-term care facility but do not manage the facility. Amended by Act 2021, No. 721,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1871, eff. 7/24/2019. Amended by Act 2013, No. 1132,§ 5, eff. 8/16/2013. Acts 1961, No. 414, § 19; 1965, No. 434, § 1; 1971, No. 258, § 2; A.S.A. 1947, § 82-345; Acts 1989, No. 485, § 1; 1989, No. 665, § 1; 1993, No. 1238, §§ 1-3; 1999, No. 1181, § 10; 2005, No. 656, § 1; 2009, No. 216, §§ 1, 2; 2009, No. 357, § 2.

(a) A long-term care facility or related institution shall not be established, conducted, or maintained in this state without obtaining a license.

(b) (1) By properly promulgating rules, the Department of Human Services may provide for the issuance of provisional long-term care facility licenses and long-term care facility licenses, including the licensure of facilities with specialized wings, units, or rooms for residents with dementia, Alzheimer's disease, and other related conditions. (2) The licenses shall be effective without expiration unless the license is revoked, suspended, or terminated by the department. (3) (A) If issued, a provisional license shall be effective upon submission of the application for licensure to the department. (B) The provisional license shall remain in effect until the issuance of the long-term care facility license unless the provisional license is revoked, suspended, or terminated by the department.

(1) By properly promulgating rules, the Department of Human Services may provide for the issuance of provisional long-term care facility licenses and long-term care facility licenses, including the licensure of facilities with specialized wings, units, or rooms for residents with dementia, Alzheimer's disease, and other related conditions.

(2) The licenses shall be effective without expiration unless the license is revoked, suspended, or terminated by the department.

(3) (A) If issued, a provisional license shall be effective upon submission of the application for licensure to the department. (B) The provisional license shall remain in effect until the issuance of the long-term care facility license unless the provisional license is revoked, suspended, or terminated by the department.

(A) If issued, a provisional license shall be effective upon submission of the application for licensure to the department.

(B) The provisional license shall remain in effect until the issuance of the long-term care facility license unless the provisional license is revoked, suspended, or terminated by the department.

(c) (1) Applicants for long-term care facility licensure shall file applications under oath with the department. (2) Applications shall be signed by the administrator or the owner of the facility. (3) Applications shall set forth the full name and address of the facility for which licensure is sought and additional information as the department may require, including without limitation: (A) Information on the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility; (B) Information on the owner or owners of the building or other structures that will be used in the operation of the facility; (C) Information on all other facilities owned, operated, or managed by the applicant or applicants; (D) Information on all other facilities owned, operated, or managed by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility; and (E) Affirmative evidence of ability to comply with standards, rules, and regulations as may be lawfully prescribed.

(1) Applicants for long-term care facility licensure shall file applications under oath with the department.

(2) Applications shall be signed by the administrator or the owner of the facility.

(3) Applications shall set forth the full name and address of the facility for which licensure is sought and additional information as the department may require, including without limitation: (A) Information on the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility; (B) Information on the owner or owners of the building or other structures that will be used in the operation of the facility; (C) Information on all other facilities owned, operated, or managed by the applicant or applicants; (D) Information on all other facilities owned, operated, or managed by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility; and (E) Affirmative evidence of ability to comply with standards, rules, and regulations as may be lawfully prescribed.

(A) Information on the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility;

(B) Information on the owner or owners of the building or other structures that will be used in the operation of the facility;

(C) Information on all other facilities owned, operated, or managed by the applicant or applicants;

(D) Information on all other facilities owned, operated, or managed by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility; and

(E) Affirmative evidence of ability to comply with standards, rules, and regulations as may be lawfully prescribed.

(d) (1) A license shall not be issued for any long-term care facility unless the applicant has included in the application all information required for licensure and disclosure. (2) The requirement under subdivision (d)(1) of this section, as well as any other requirement determined appropriate by the department, shall be in accordance with this section and the guidelines provided by the department.

(1) A license shall not be issued for any long-term care facility unless the applicant has included in the application all information required for licensure and disclosure.

(2) The requirement under subdivision (d)(1) of this section, as well as any other requirement determined appropriate by the department, shall be in accordance with this section and the guidelines provided by the department.

(e) (1) (A) Whenever ownership of controlling interest in the operation of a facility is sold by the person or persons named in the license to any other person or persons, the buyer shall obtain a license to operate the facility. (B) The buyer shall notify the department of the sale and apply for a license at least thirty (30) days before the completed sale. (2) (A) Except as provided by the Arkansas Long-Term Care Facility Receivership Law, § 20-10-901 et seq., the seller shall notify the department at least thirty (30) days before the completed sale. (B) The seller shall remain responsible for the operation of the facility until such time as a license is issued to the buyer. (3) The buyer shall be subject to any plan of correction submitted by the previous licensee and approved by the department. (4) The seller shall remain liable for all penalties assessed against the facility that are imposed for violations or deficiencies occurring before the date the department issues the long-term care facility license to the buyer. (5) The seller shall remain liable for all quality assurance fees and license fees that are assessed to the facility before the date the department issues the long-term care facility license to the buyer. (6) Before the department may approve the application for licensure of the buyer, the department shall consider and may deny a license based upon whether: (A) The administrator, directors, management company, operator, or other management agent that the applicant will use to manage the facility has ever been convicted of a felony; (B) A facility or facilities owned or operated by the applicant or applicants have been found, after final administrative decision, to have committed a Class A violation; (C) A facility or facilities owned or operated by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility have been found, after final administrative decision, to have committed a Class A violation; (D) The applicant or applicants have had a license revoked or suspended; (E) The administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility have had a license revoked; (F) The applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the applicant or applicants is and has been in substantial compliance with the standards as set by applicable state and federal law; or (G) The applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility is and has been in substantial compliance with the standards as set by applicable state and federal law. (7) Before the department may approve the application for licensure of the buyer, the seller or the buyer shall pay all outstanding quality assurance fees and license fees. (8) The department may consider the mitigation of compliance issues by: (A) An applicant or applicants related to subdivision (e)(6) of this section; and (B) The administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility related to subdivision (e)(6) of this section.

(1) (A) Whenever ownership of controlling interest in the operation of a facility is sold by the person or persons named in the license to any other person or persons, the buyer shall obtain a license to operate the facility. (B) The buyer shall notify the department of the sale and apply for a license at least thirty (30) days before the completed sale.

(A) Whenever ownership of controlling interest in the operation of a facility is sold by the person or persons named in the license to any other person or persons, the buyer shall obtain a license to operate the facility.

(B) The buyer shall notify the department of the sale and apply for a license at least thirty (30) days before the completed sale.

(2) (A) Except as provided by the Arkansas Long-Term Care Facility Receivership Law, § 20-10-901 et seq., the seller shall notify the department at least thirty (30) days before the completed sale. (B) The seller shall remain responsible for the operation of the facility until such time as a license is issued to the buyer.

(A) Except as provided by the Arkansas Long-Term Care Facility Receivership Law, § 20-10-901 et seq., the seller shall notify the department at least thirty (30) days before the completed sale.

(B) The seller shall remain responsible for the operation of the facility until such time as a license is issued to the buyer.

(3) The buyer shall be subject to any plan of correction submitted by the previous licensee and approved by the department.

(4) The seller shall remain liable for all penalties assessed against the facility that are imposed for violations or deficiencies occurring before the date the department issues the long-term care facility license to the buyer.

(5) The seller shall remain liable for all quality assurance fees and license fees that are assessed to the facility before the date the department issues the long-term care facility license to the buyer.

(6) Before the department may approve the application for licensure of the buyer, the department shall consider and may deny a license based upon whether: (A) The administrator, directors, management company, operator, or other management agent that the applicant will use to manage the facility has ever been convicted of a felony; (B) A facility or facilities owned or operated by the applicant or applicants have been found, after final administrative decision, to have committed a Class A violation; (C) A facility or facilities owned or operated by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility have been found, after final administrative decision, to have committed a Class A violation; (D) The applicant or applicants have had a license revoked or suspended; (E) The administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility have had a license revoked; (F) The applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the applicant or applicants is and has been in substantial compliance with the standards as set by applicable state and federal law; or (G) The applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility is and has been in substantial compliance with the standards as set by applicable state and federal law.

(A) The administrator, directors, management company, operator, or other management agent that the applicant will use to manage the facility has ever been convicted of a felony;

(B) A facility or facilities owned or operated by the applicant or applicants have been found, after final administrative decision, to have committed a Class A violation;

(C) A facility or facilities owned or operated by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility have been found, after final administrative decision, to have committed a Class A violation;

(D) The applicant or applicants have had a license revoked or suspended;

(E) The administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility have had a license revoked;

(F) The applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the applicant or applicants is and has been in substantial compliance with the standards as set by applicable state and federal law; or

(G) The applicant or applicants have demonstrated to the satisfaction of the department that any other facility owned, operated, or administered by the administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility is and has been in substantial compliance with the standards as set by applicable state and federal law.

(7) Before the department may approve the application for licensure of the buyer, the seller or the buyer shall pay all outstanding quality assurance fees and license fees.

(8) The department may consider the mitigation of compliance issues by: (A) An applicant or applicants related to subdivision (e)(6) of this section; and (B) The administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility related to subdivision (e)(6) of this section.

(A) An applicant or applicants related to subdivision (e)(6) of this section; and

(B) The administrator, directors, management company, operator, or other management agent that the applicant or applicants will use to manage the facility related to subdivision (e)(6) of this section.

(f) (1) Before issuing a license, or approving the operation of any long-term care facility that was not licensed at the time of application or any additional bed capacity of a licensed facility, the department shall consider and may deny a license based upon the criteria established in subdivision (e)(6) of this section. (2) This subsection is not intended to circumvent or alter the requirements set forth in § 20-8-101 et seq.

(1) Before issuing a license, or approving the operation of any long-term care facility that was not licensed at the time of application or any additional bed capacity of a licensed facility, the department shall consider and may deny a license based upon the criteria established in subdivision (e)(6) of this section.

(2) This subsection is not intended to circumvent or alter the requirements set forth in § 20-8-101 et seq.

(g) Except for facilities operated by the State of Arkansas, each long-term care facility shall pay an annual licensure fee in the following amount: (1) Residential care facilities shall pay an annual fee determined by multiplying five dollars ($5.00) by the total number of licensed resident beds; (2) Adult day care and adult day healthcare facilities shall pay an annual fee determined by multiplying five dollars ($5.00) by the maximum number of persons the facility can serve; and (3) All other long-term care facilities shall pay an annual fee determined by multiplying ten dollars ($10.00) by the total licensed resident beds or maximum licensed client population.

(1) Residential care facilities shall pay an annual fee determined by multiplying five dollars ($5.00) by the total number of licensed resident beds;

(2) Adult day care and adult day healthcare facilities shall pay an annual fee determined by multiplying five dollars ($5.00) by the maximum number of persons the facility can serve; and

(3) All other long-term care facilities shall pay an annual fee determined by multiplying ten dollars ($10.00) by the total licensed resident beds or maximum licensed client population.

(h) Annual licensure fees shall be tendered with each application for a new long-term care facility license and annually thereafter by the anniversary of the date the department issued the long-term care facility license.

(i) Annual licensure fees are payable in one (1) sum.

(j) Any fee not paid when due shall be delinquent and shall be subject to assessment of a ten-percent penalty.

(k) (1) A license or licensure renewal shall not be issued unless the inital annual licensure fee has been paid in full. (2) If a long-term care facility fails to pay the annual licensure fee within sixty (60) calendar days of the anniversary of the date the department issued the long-term care facility license, the department may suspend the license until the annual licensure fee is paid in full.

(1) A license or licensure renewal shall not be issued unless the inital annual licensure fee has been paid in full.

(2) If a long-term care facility fails to pay the annual licensure fee within sixty (60) calendar days of the anniversary of the date the department issued the long-term care facility license, the department may suspend the license until the annual licensure fee is paid in full.

(l) Licenses shall be issued only for the premises and persons named in the application and shall not be transferable.

(m) All funds derived from fees collected pursuant to §§ 20-10-213 - 20-10-228 shall be deposited into the State Treasury and credited to the Division of Economic and Medical Services Administrative Fund to be used for the maintenance and operation of the long-term care facility licensure program.

(n) The department shall not require a license for an adult day care program that is excepted from the definition of "long-term care facility" under § 20-10-101 .

(o) (1) If a long-term care facility intends to add, remove, or otherwise change the management company, operator, or other management agent that manages the long-term care facility, the long-term care facility shall notify the department. (2) The long-term care facility shall notify the department of the change and request approval at least thirty (30) days before the change occurs. (3) The long-term care facility shall provide the department with the information required to allow the department to evaluate whether the new management company, operator, or other management agent that manages the long-term care facility meets the eligibility criteria set forth in subdivision (e)(6) of this section. (4) (A) The long-term care facility shall receive approval of the change from the department before the change occurs unless the change is required due to an emergency. (B) If a change occurs without prior approval from the department due to an emergency, the long-term care facility shall notify the department within ten (10) days of the change. (5) (A) The department may deny a requested change based on the criteria established in subdivision (e)(6) of this section. (B) If the department denies a requested change, the long-term care facility may not employ or otherwise use the denied management company, operator, or other management agent.

(1) If a long-term care facility intends to add, remove, or otherwise change the management company, operator, or other management agent that manages the long-term care facility, the long-term care facility shall notify the department.

(2) The long-term care facility shall notify the department of the change and request approval at least thirty (30) days before the change occurs.

(3) The long-term care facility shall provide the department with the information required to allow the department to evaluate whether the new management company, operator, or other management agent that manages the long-term care facility meets the eligibility criteria set forth in subdivision (e)(6) of this section.

(4) (A) The long-term care facility shall receive approval of the change from the department before the change occurs unless the change is required due to an emergency. (B) If a change occurs without prior approval from the department due to an emergency, the long-term care facility shall notify the department within ten (10) days of the change.

(A) The long-term care facility shall receive approval of the change from the department before the change occurs unless the change is required due to an emergency.

(B) If a change occurs without prior approval from the department due to an emergency, the long-term care facility shall notify the department within ten (10) days of the change.

(5) (A) The department may deny a requested change based on the criteria established in subdivision (e)(6) of this section. (B) If the department denies a requested change, the long-term care facility may not employ or otherwise use the denied management company, operator, or other management agent.

(A) The department may deny a requested change based on the criteria established in subdivision (e)(6) of this section.

(B) If the department denies a requested change, the long-term care facility may not employ or otherwise use the denied management company, operator, or other management agent.

(p) A long-term care facility is not required to notify or receive approval from the department for a change involving vendors that provide services to the long-term care facility but do not manage the facility.

Amended by Act 2021, No. 721,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1871, eff. 7/24/2019.

Amended by Act 2013, No. 1132,§ 5, eff. 8/16/2013.

Acts 1961, No. 414, § 19; 1965, No. 434, § 1; 1971, No. 258, § 2; A.S.A. 1947, § 82-345; Acts 1989, No. 485, § 1; 1989, No. 665, § 1; 1993, No. 1238, §§ 1-3; 1999, No. 1181, § 10; 2005, No. 656, § 1; 2009, No. 216, §§ 1, 2; 2009, No. 357, § 2.
Ark. Code Ann. § 20-10-2501 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2501
Legislative intent
Status: in_force

It is the intent of the General Assembly to: (1) Set minimum training requirements for staff members who are employed by an assisted living facility that includes persons with Alzheimer's disease or other dementias in the populations served; and (2) Address gaps in current dementia training requirements for covered staff members and improve the quality of training. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

It is the intent of the General Assembly to:

(1) Set minimum training requirements for staff members who are employed by an assisted living facility that includes persons with Alzheimer's disease or other dementias in the populations served; and

(2) Address gaps in current dementia training requirements for covered staff members and improve the quality of training.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-76-506 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-506
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1145,§ 5, eff. 8/16/2013. Acts 2005, No. 538, § 1.

Repealed by Act 2013, No. 1145,§ 5, eff. 8/16/2013.

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-17-1112 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1112
Assessment - Filing and collection
Status: in_force

(a) The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved. (b) It shall then be the duty of the collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time that he or she pays over the county funds. (c) (1) (A) (i) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. (ii) The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. (B) It shall be the duty of the county collector to collect the taxes so extended. (2) In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns, at the head of which the year shall be designated, and in the column the new annual benefits may be shown in red ink, which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended. Acts 1957, No. 318, § 8; A.S.A. 1947, § 20-1308.

(a) The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved.

(b) It shall then be the duty of the collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time that he or she pays over the county funds.

(c) (1) (A) (i) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. (ii) The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. (B) It shall be the duty of the county collector to collect the taxes so extended. (2) In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns, at the head of which the year shall be designated, and in the column the new annual benefits may be shown in red ink, which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended.

(1) (A) (i) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. (ii) The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. (B) It shall be the duty of the county collector to collect the taxes so extended.

(A) (i) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. (ii) The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist.

(i) If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner.

(ii) The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist.

(B) It shall be the duty of the county collector to collect the taxes so extended.

(2) In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns, at the head of which the year shall be designated, and in the column the new annual benefits may be shown in red ink, which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended.

Acts 1957, No. 318, § 8; A.S.A. 1947, § 20-1308.
Ark. Code Ann. § 20-10-916 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-916
Long-Term Care Facility Receivership Fund Account
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund account to be known as the "Long-Term Care Facility Receivership Fund Account" of the Department of Human Services Fund. The Long-Term Care Facility Receivership Fund Account shall consist of general revenues and such other funds as may be provided by law. (b) The Long-Term Care Facility Receivership Fund Account established in this section shall be administered and disbursed under the direction of the Secretary of the Department of Human Services for the purpose of paying the expenses of receivers appointed under this subchapter. (c) No money shall be expended from the Long-Term Care Facility Receivership Fund Account for any purpose except when the funds generated by a long-term care facility in this state are found to be insufficient by a court of law to pay the reasonable expenses of a receiver after all other operating expenses of the facility have been paid from the facility's revenue. (d) Any balance remaining in the Long-Term Care Facility Receivership Fund Account at the close of each fiscal year shall be retained in the Long-Term Care Facility Receivership Fund Account to be available for the same purposes. (e) Beginning July 1, 1991, and each July 1 of an odd-numbered year thereafter, the Treasurer of State shall transfer from the General Revenue Fund Account of the State Apportionment Fund to the Long-Term Care Facility Receivership Fund Account an amount sufficient to maintain a fund balance of one hundred thousand dollars ($100,000). Amended by Act 2019, No. 910,§ 5185, eff. 7/1/2019. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund account to be known as the "Long-Term Care Facility Receivership Fund Account" of the Department of Human Services Fund. The Long-Term Care Facility Receivership Fund Account shall consist of general revenues and such other funds as may be provided by law.

(b) The Long-Term Care Facility Receivership Fund Account established in this section shall be administered and disbursed under the direction of the Secretary of the Department of Human Services for the purpose of paying the expenses of receivers appointed under this subchapter.

(c) No money shall be expended from the Long-Term Care Facility Receivership Fund Account for any purpose except when the funds generated by a long-term care facility in this state are found to be insufficient by a court of law to pay the reasonable expenses of a receiver after all other operating expenses of the facility have been paid from the facility's revenue.

(d) Any balance remaining in the Long-Term Care Facility Receivership Fund Account at the close of each fiscal year shall be retained in the Long-Term Care Facility Receivership Fund Account to be available for the same purposes.

(e) Beginning July 1, 1991, and each July 1 of an odd-numbered year thereafter, the Treasurer of State shall transfer from the General Revenue Fund Account of the State Apportionment Fund to the Long-Term Care Facility Receivership Fund Account an amount sufficient to maintain a fund balance of one hundred thousand dollars ($100,000).

Amended by Act 2019, No. 910,§ 5185, eff. 7/1/2019.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-12-202 — AR Code / Title 20 / Chapter 12 / Subchapter 2 / Section 20-12-202
Definitions
Status: in_force

As used in this subchapter: (1) "Rural area" means any city, town, or other area having a population of fifteen thousand (15,000) inhabitants or less according to the 1990 Federal Decennial Census. The census from federal or state penal institutions, federal or state human service institutions, institutions of higher education, or any similar facility shall not be included in the census figure when defining a city, town, or other area under this subchapter; and (2) "Rural medical clinic loans" means loans in sums not to exceed one hundred fifty thousand dollars ($150,000) in the aggregate, to be used exclusively for land acquisition or for the construction, reconstruction, repair, or expansion of a building to be used as a medical clinic in a rural area and the acquisition and installation of equipment therein. Amended by Act 2019, No. 389,§ 23, eff. 7/24/2019. Acts 1979, No. 1093, § 1; A.S.A. 1947, § 82-4302; Acts 1993, No. 762, § 2; 1995, No. 1088, § 1.

As used in this subchapter:

(1) "Rural area" means any city, town, or other area having a population of fifteen thousand (15,000) inhabitants or less according to the 1990 Federal Decennial Census. The census from federal or state penal institutions, federal or state human service institutions, institutions of higher education, or any similar facility shall not be included in the census figure when defining a city, town, or other area under this subchapter; and

(2) "Rural medical clinic loans" means loans in sums not to exceed one hundred fifty thousand dollars ($150,000) in the aggregate, to be used exclusively for land acquisition or for the construction, reconstruction, repair, or expansion of a building to be used as a medical clinic in a rural area and the acquisition and installation of equipment therein.

Amended by Act 2019, No. 389,§ 23, eff. 7/24/2019.

Acts 1979, No. 1093, § 1; A.S.A. 1947, § 82-4302; Acts 1993, No. 762, § 2; 1995, No. 1088, § 1.
Ark. Code Ann. § 20-17-1215 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1215
Coordination of procurement and use
Status: in_force

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. Acts 2007, No. 839, § 1.

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-76-601 — AR Code / Title 20 / Chapter 76 / Subchapter 6 / Section 20-76-601
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 49, eff. 5/23/2016. Repealed by Act 2016EX3, No. 2,§ 49, eff. 5/23/2016. Acts 2005, No. 1670, § 1.

Repealed by Act 2016EX3, No. 3,§ 49, eff. 5/23/2016.

Repealed by Act 2016EX3, No. 2,§ 49, eff. 5/23/2016.

Acts 2005, No. 1670, § 1.
Ark. Code Ann. § 20-77-1802 — AR Code / Title 20 / Chapter 77 / Subchapter 18 / Section 20-77-1802
Definitions
Status: in_force

As used in this subchapter: (1) "Long-term care facility" means a facility required to be licensed under § 20-10-224 ; (2) "Long-term care insurance" means the same as in § 23-97-304 ; and (3) "Long-term care services" means the following necessary services that originate in a setting other than an acute care hospital and that are provided to individuals whose functional capacities are chronically impaired: (A) Physician's services; (B) Nursing services; (C) Diagnostic services; (D) Therapeutic services including physical therapy, speech therapy, and occupational therapy; (E) Rehabilitative services; (F) Maintenance services; (G) Personal care services individually designed to assist with an individual's physical dependency needs related to bathing, bladder and bowel requirements, dressing, eating, personal hygiene, medications, mobility, incidental housekeeping, laundry, and shopping for personal maintenance items; (H) Transportation services; (I) Day care services; (J) Respite care services; and (K) Services provided by chiropractors, podiatrists, and optometrists. Acts 2007, No. 99, § 1.

As used in this subchapter:

(1) "Long-term care facility" means a facility required to be licensed under § 20-10-224 ;

(2) "Long-term care insurance" means the same as in § 23-97-304 ; and

(3) "Long-term care services" means the following necessary services that originate in a setting other than an acute care hospital and that are provided to individuals whose functional capacities are chronically impaired: (A) Physician's services; (B) Nursing services; (C) Diagnostic services; (D) Therapeutic services including physical therapy, speech therapy, and occupational therapy; (E) Rehabilitative services; (F) Maintenance services; (G) Personal care services individually designed to assist with an individual's physical dependency needs related to bathing, bladder and bowel requirements, dressing, eating, personal hygiene, medications, mobility, incidental housekeeping, laundry, and shopping for personal maintenance items; (H) Transportation services; (I) Day care services; (J) Respite care services; and (K) Services provided by chiropractors, podiatrists, and optometrists.

(A) Physician's services;

(B) Nursing services;

(C) Diagnostic services;

(D) Therapeutic services including physical therapy, speech therapy, and occupational therapy;

(E) Rehabilitative services;

(F) Maintenance services;

(G) Personal care services individually designed to assist with an individual's physical dependency needs related to bathing, bladder and bowel requirements, dressing, eating, personal hygiene, medications, mobility, incidental housekeeping, laundry, and shopping for personal maintenance items;

(H) Transportation services;

(I) Day care services;

(J) Respite care services; and

(K) Services provided by chiropractors, podiatrists, and optometrists.

Acts 2007, No. 99, § 1.
Ark. Code Ann. § 20-60-217 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-217
Reporting
Status: in_force

Annually, the Secretary of the Department of Agriculture shall submit a report on the operations, implementation, and administration of the State Meat Inspection Program to the: (1) Governor; (2) Chair of the House Committee on Agriculture, Forestry, and Economic Development; and (3) Chair of the Senate Committee on Agriculture, Forestry, and Economic Development. Added by Act 2021, No. 418,§ 2, eff. 3/23/2021.

Annually, the Secretary of the Department of Agriculture shall submit a report on the operations, implementation, and administration of the State Meat Inspection Program to the:

(1) Governor;

(2) Chair of the House Committee on Agriculture, Forestry, and Economic Development; and

(3) Chair of the Senate Committee on Agriculture, Forestry, and Economic Development.

Added by Act 2021, No. 418,§ 2, eff. 3/23/2021.
Ark. Code Ann. § 20-13-107 — AR Code / Title 20 / Chapter 13 / Subchapter 1 / Section 20-13-107
Vincent Parks Law - Training to recognize and manage certain health conditions - Removal from physical activity during training - Definitions
Status: in_force

(a) This section shall be known and may be cited as the "Vincent Parks Law". (b) As used in this section: (1) "Cadet" means a law enforcement cadet, a firefighter cadet or trainee, or a trainee to be an uniformed employee for the Arkansas State Game and Fish Commission; (2) "Instructor" means a physical fitness instructor for the purpose of physical fitness, including a law enforcement instructor, firefighter instructor, or an instructor for the commission at any location; and (3) "Officer" means a law enforcement officer, firefighter, or uniformed employee for the commission. (c) An instructor shall complete training and receive a certification on the recognition and management of the following events or conditions that may be encountered by a person: (1) A concussion, dehydration, or other health emergency; (2) An environmental issue that threatens the health or safety of a person, including without limitation heat exhaustion; and (3) A sudden cardiac arrest, including the nature and warning signs of a sudden cardiac arrest and the risks associated with continuing to participate or engage in physical activity when experiencing any of the following symptoms: (A) Fainting or seizures during physical activity; (B) Unexplained shortness of breath; (C) Chest pain; (D) Dizziness; (E) Racing heartbeat; or (F) Extreme fatigue. (d) An instructor shall maintain certification under subsection (c) of this section. (e) (1) If a cadet or officer receiving training from an instructor faints or loses consciousness while participating in or immediately following a physical activity, the instructor shall remove the cadet or officer from participation in the physical activity at that time. (2) If a cadet or officer exhibits any symptom described in subdivision (c)(3) of this section while participating in or immediately following a physical activity and an instructor reasonably believes that the symptom is cardiac-related, the instructor may remove the cadet or officer from participation in the physical activity at that time. (3) A cadet or officer who is removed from participation in a physical activity shall not be permitted to return to participation in a physical activity until the cadet or officer is evaluated and cleared for return to participation in writing by a physician licensed in this state. (4) An instructor acting in good faith under this subsection is not liable for any act or omission unless the act or omission is intentional, reckless, or grossly negligent. Added by Act 2023, No. 199,§ 1, eff. 3/6/2023.

(a) This section shall be known and may be cited as the "Vincent Parks Law".

(b) As used in this section: (1) "Cadet" means a law enforcement cadet, a firefighter cadet or trainee, or a trainee to be an uniformed employee for the Arkansas State Game and Fish Commission; (2) "Instructor" means a physical fitness instructor for the purpose of physical fitness, including a law enforcement instructor, firefighter instructor, or an instructor for the commission at any location; and (3) "Officer" means a law enforcement officer, firefighter, or uniformed employee for the commission.

(1) "Cadet" means a law enforcement cadet, a firefighter cadet or trainee, or a trainee to be an uniformed employee for the Arkansas State Game and Fish Commission;

(2) "Instructor" means a physical fitness instructor for the purpose of physical fitness, including a law enforcement instructor, firefighter instructor, or an instructor for the commission at any location; and

(3) "Officer" means a law enforcement officer, firefighter, or uniformed employee for the commission.

(c) An instructor shall complete training and receive a certification on the recognition and management of the following events or conditions that may be encountered by a person: (1) A concussion, dehydration, or other health emergency; (2) An environmental issue that threatens the health or safety of a person, including without limitation heat exhaustion; and (3) A sudden cardiac arrest, including the nature and warning signs of a sudden cardiac arrest and the risks associated with continuing to participate or engage in physical activity when experiencing any of the following symptoms: (A) Fainting or seizures during physical activity; (B) Unexplained shortness of breath; (C) Chest pain; (D) Dizziness; (E) Racing heartbeat; or (F) Extreme fatigue.

(1) A concussion, dehydration, or other health emergency;

(2) An environmental issue that threatens the health or safety of a person, including without limitation heat exhaustion; and

(3) A sudden cardiac arrest, including the nature and warning signs of a sudden cardiac arrest and the risks associated with continuing to participate or engage in physical activity when experiencing any of the following symptoms: (A) Fainting or seizures during physical activity; (B) Unexplained shortness of breath; (C) Chest pain; (D) Dizziness; (E) Racing heartbeat; or (F) Extreme fatigue.

(A) Fainting or seizures during physical activity;

(B) Unexplained shortness of breath;

(C) Chest pain;

(D) Dizziness;

(E) Racing heartbeat; or

(F) Extreme fatigue.

(d) An instructor shall maintain certification under subsection (c) of this section.

(e) (1) If a cadet or officer receiving training from an instructor faints or loses consciousness while participating in or immediately following a physical activity, the instructor shall remove the cadet or officer from participation in the physical activity at that time. (2) If a cadet or officer exhibits any symptom described in subdivision (c)(3) of this section while participating in or immediately following a physical activity and an instructor reasonably believes that the symptom is cardiac-related, the instructor may remove the cadet or officer from participation in the physical activity at that time. (3) A cadet or officer who is removed from participation in a physical activity shall not be permitted to return to participation in a physical activity until the cadet or officer is evaluated and cleared for return to participation in writing by a physician licensed in this state. (4) An instructor acting in good faith under this subsection is not liable for any act or omission unless the act or omission is intentional, reckless, or grossly negligent.

(1) If a cadet or officer receiving training from an instructor faints or loses consciousness while participating in or immediately following a physical activity, the instructor shall remove the cadet or officer from participation in the physical activity at that time.

(2) If a cadet or officer exhibits any symptom described in subdivision (c)(3) of this section while participating in or immediately following a physical activity and an instructor reasonably believes that the symptom is cardiac-related, the instructor may remove the cadet or officer from participation in the physical activity at that time.

(3) A cadet or officer who is removed from participation in a physical activity shall not be permitted to return to participation in a physical activity until the cadet or officer is evaluated and cleared for return to participation in writing by a physician licensed in this state.

(4) An instructor acting in good faith under this subsection is not liable for any act or omission unless the act or omission is intentional, reckless, or grossly negligent.

Added by Act 2023, No. 199,§ 1, eff. 3/6/2023.
Ark. Code Ann. § 20-16-2412 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2412
Construction
Status: in_force

This subchapter does not: (1) Create or recognize a right to abortion; (2) Create or recognize a right to a particular method of abortion; or (3) Make lawful an abortion that is currently unlawful under any law of this state. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

This subchapter does not:

(1) Create or recognize a right to abortion;

(2) Create or recognize a right to a particular method of abortion; or

(3) Make lawful an abortion that is currently unlawful under any law of this state.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-77-2511 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2511
Provider compliance program
Status: in_force

(a) The General Assembly finds that: (1) Medical assistance providers potentially are able to detect and correct payment and billing mistakes and fraud if required to develop and implement compliance programs; (2) A provider compliance program makes it possible to organize provider resources to resolve payment discrepancies, detect inaccurate billings as quickly and efficiently as possible, and to impose systemic checks and balances to prevent future recurrences; (3) It is in the public interest that providers within the medical assistance program implement compliance programs; (4) The wide variety of provider types in the medical assistance program necessitates a variety of compliance programs that reflect a provider's size, complexity, resources, and culture; (5) For a compliance program to be effective, it must be designed to be compatible with the provider's characteristics; (6) Key components shall be included in each compliance program if a provider is to be a medical assistance program participant; and (7) A provider should adopt and implement an effective compliance program appropriate to the provider. (b) A provider of medical assistance program items and services that receives annually seven hundred fifty thousand dollars ($750,000) or more through the state Medicaid program shall adopt and implement a compliance program. (c) (1) The Office of Medicaid Inspector General shall create and make available on its website guidelines including a model compliance program. (2) A model compliance program under subdivision (c)(1) of this section shall be applicable to billings to and payments from the medical assistance program but need not be confined to billings and payments. (3) The model compliance program required under subdivision (c)(1) of this section may be a component of a more comprehensive compliance program by the medical assistance provider if the comprehensive compliance program meets the requirements of this section. (d) A compliance program shall include without limitation: (1) A written policy and procedure that: (A) Describes compliance expectations; (B) Describes the implementation of the operation of the compliance program; (C) Provides guidance to employees and others on dealing with potential compliance issues; (D) Identifies a method for communicating compliance issues to appropriate compliance personnel; and (E) Describes the method by which potential compliance problems are investigated and resolved; (2) (A) Designation of an employee vested with responsibility for the operation of the compliance program. (B) The designated employee's duties may solely relate to compliance or may be combined with other duties if compliance responsibilities are satisfactorily carried out. (C) The designated employee shall report directly to the entity's chief executive or other senior administrator and periodically shall report directly to the governing body of the provider on the activities of the compliance program; (3) (A) Training and education of affected employees and persons associated with the provider, including executives and governing body members, on compliance issues, expectations, and the compliance program operation. (B) The training under subdivision (d)(3)(A) of this section shall occur periodically and shall be made a part of the orientation for a new employee, appointee, associate, executive, or governing body member; (4) (A) Lines of communication to the designated compliance employee that are accessible to all employees, persons associated with the provider, executives, and governing body members to allow compliance issues to be reported. (B) The lines of communication under subdivision (d)(4)(A) of this section shall include a method for anonymous and confidential good-faith reporting of potential compliance issues as they are identified; (5) Disciplinary policies to encourage good-faith participation in the compliance program by an affected individual, including a policy that articulates expectations for reporting compliance issues and assisting in their resolution and outlines sanctions for: (A) Failing to report suspected problems; (B) Participating in noncompliant behavior; and (C) Encouraging, directing, facilitating, or permitting noncompliant behavior; (6) A system for routine identification of compliance risk areas specific to the provider type for: (A) Self-evaluation of the risk areas, including internal audits and as appropriate external audits; and (B) Evaluation of potential or actual noncompliance as a result of the self-evaluations and audits; (7) A system for: (A) Responding to compliance issues as they are raised; (B) Investigating potential compliance problems; (C) Responding to compliance problems as identified in the course of self-evaluations and audits; (D) Correcting problems promptly and thoroughly and implementing procedures, policies, and systems to reduce the potential for recurrence; (E) Identifying and reporting compliance issues to the Department of Human Services or the Office of Medicaid Inspector General; and (F) Refunding overpayments; and (8) A policy of nonintimidation and nonretaliation for good-faith participation in the compliance program, including without limitation: (A) Reporting potential issues; (B) Investigating issues; (C) Self-evaluations; (D) Audits and remedial actions; and (E) Reporting to appropriate officials. (e) (1) Upon enrollment in the medical assistance program, a provider shall certify to the Department of Human Services that the provider satisfactorily meets the requirements of this section. (2) The Medicaid Inspector General shall determine whether a provider has a compliance program that satisfactorily meets the requirements of this section by requesting no more than one (1) time every year an updated certification that the provider satisfactorily meets the requirements of this section. (f) A compliance program that is accepted by the United States Department of Health and Human Services' Office of Inspector General and remains in compliance with the standards of the Office of Medicaid Inspector General is in compliance with this section. (g) If the Medicaid Inspector General finds that a provider does not have a satisfactory compliance program within ninety (90) days after the effective date of a rule adopted under this section, the provider is subject to any sanction or penalty permitted by a state law or rule or a federal law or regulation, including revocation of the provider's agreement to participate in the medical assistance program. (h) (1) The Office of Medicaid Inspector General shall adopt rules to implement this section. (2) The rules shall be subject to review by the Legislative Council. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

(a) The General Assembly finds that: (1) Medical assistance providers potentially are able to detect and correct payment and billing mistakes and fraud if required to develop and implement compliance programs; (2) A provider compliance program makes it possible to organize provider resources to resolve payment discrepancies, detect inaccurate billings as quickly and efficiently as possible, and to impose systemic checks and balances to prevent future recurrences; (3) It is in the public interest that providers within the medical assistance program implement compliance programs; (4) The wide variety of provider types in the medical assistance program necessitates a variety of compliance programs that reflect a provider's size, complexity, resources, and culture; (5) For a compliance program to be effective, it must be designed to be compatible with the provider's characteristics; (6) Key components shall be included in each compliance program if a provider is to be a medical assistance program participant; and (7) A provider should adopt and implement an effective compliance program appropriate to the provider.

(1) Medical assistance providers potentially are able to detect and correct payment and billing mistakes and fraud if required to develop and implement compliance programs;

(2) A provider compliance program makes it possible to organize provider resources to resolve payment discrepancies, detect inaccurate billings as quickly and efficiently as possible, and to impose systemic checks and balances to prevent future recurrences;

(3) It is in the public interest that providers within the medical assistance program implement compliance programs;

(4) The wide variety of provider types in the medical assistance program necessitates a variety of compliance programs that reflect a provider's size, complexity, resources, and culture;

(5) For a compliance program to be effective, it must be designed to be compatible with the provider's characteristics;

(6) Key components shall be included in each compliance program if a provider is to be a medical assistance program participant; and

(7) A provider should adopt and implement an effective compliance program appropriate to the provider.

(b) A provider of medical assistance program items and services that receives annually seven hundred fifty thousand dollars ($750,000) or more through the state Medicaid program shall adopt and implement a compliance program.

(c) (1) The Office of Medicaid Inspector General shall create and make available on its website guidelines including a model compliance program. (2) A model compliance program under subdivision (c)(1) of this section shall be applicable to billings to and payments from the medical assistance program but need not be confined to billings and payments. (3) The model compliance program required under subdivision (c)(1) of this section may be a component of a more comprehensive compliance program by the medical assistance provider if the comprehensive compliance program meets the requirements of this section.

(1) The Office of Medicaid Inspector General shall create and make available on its website guidelines including a model compliance program.

(2) A model compliance program under subdivision (c)(1) of this section shall be applicable to billings to and payments from the medical assistance program but need not be confined to billings and payments.

(3) The model compliance program required under subdivision (c)(1) of this section may be a component of a more comprehensive compliance program by the medical assistance provider if the comprehensive compliance program meets the requirements of this section.

(d) A compliance program shall include without limitation: (1) A written policy and procedure that: (A) Describes compliance expectations; (B) Describes the implementation of the operation of the compliance program; (C) Provides guidance to employees and others on dealing with potential compliance issues; (D) Identifies a method for communicating compliance issues to appropriate compliance personnel; and (E) Describes the method by which potential compliance problems are investigated and resolved; (2) (A) Designation of an employee vested with responsibility for the operation of the compliance program. (B) The designated employee's duties may solely relate to compliance or may be combined with other duties if compliance responsibilities are satisfactorily carried out. (C) The designated employee shall report directly to the entity's chief executive or other senior administrator and periodically shall report directly to the governing body of the provider on the activities of the compliance program; (3) (A) Training and education of affected employees and persons associated with the provider, including executives and governing body members, on compliance issues, expectations, and the compliance program operation. (B) The training under subdivision (d)(3)(A) of this section shall occur periodically and shall be made a part of the orientation for a new employee, appointee, associate, executive, or governing body member; (4) (A) Lines of communication to the designated compliance employee that are accessible to all employees, persons associated with the provider, executives, and governing body members to allow compliance issues to be reported. (B) The lines of communication under subdivision (d)(4)(A) of this section shall include a method for anonymous and confidential good-faith reporting of potential compliance issues as they are identified; (5) Disciplinary policies to encourage good-faith participation in the compliance program by an affected individual, including a policy that articulates expectations for reporting compliance issues and assisting in their resolution and outlines sanctions for: (A) Failing to report suspected problems; (B) Participating in noncompliant behavior; and (C) Encouraging, directing, facilitating, or permitting noncompliant behavior; (6) A system for routine identification of compliance risk areas specific to the provider type for: (A) Self-evaluation of the risk areas, including internal audits and as appropriate external audits; and (B) Evaluation of potential or actual noncompliance as a result of the self-evaluations and audits; (7) A system for: (A) Responding to compliance issues as they are raised; (B) Investigating potential compliance problems; (C) Responding to compliance problems as identified in the course of self-evaluations and audits; (D) Correcting problems promptly and thoroughly and implementing procedures, policies, and systems to reduce the potential for recurrence; (E) Identifying and reporting compliance issues to the Department of Human Services or the Office of Medicaid Inspector General; and (F) Refunding overpayments; and (8) A policy of nonintimidation and nonretaliation for good-faith participation in the compliance program, including without limitation: (A) Reporting potential issues; (B) Investigating issues; (C) Self-evaluations; (D) Audits and remedial actions; and (E) Reporting to appropriate officials.

(1) A written policy and procedure that: (A) Describes compliance expectations; (B) Describes the implementation of the operation of the compliance program; (C) Provides guidance to employees and others on dealing with potential compliance issues; (D) Identifies a method for communicating compliance issues to appropriate compliance personnel; and (E) Describes the method by which potential compliance problems are investigated and resolved;

(A) Describes compliance expectations;

(B) Describes the implementation of the operation of the compliance program;

(C) Provides guidance to employees and others on dealing with potential compliance issues;

(D) Identifies a method for communicating compliance issues to appropriate compliance personnel; and

(E) Describes the method by which potential compliance problems are investigated and resolved;

(2) (A) Designation of an employee vested with responsibility for the operation of the compliance program. (B) The designated employee's duties may solely relate to compliance or may be combined with other duties if compliance responsibilities are satisfactorily carried out. (C) The designated employee shall report directly to the entity's chief executive or other senior administrator and periodically shall report directly to the governing body of the provider on the activities of the compliance program;

(A) Designation of an employee vested with responsibility for the operation of the compliance program.

(B) The designated employee's duties may solely relate to compliance or may be combined with other duties if compliance responsibilities are satisfactorily carried out.

(C) The designated employee shall report directly to the entity's chief executive or other senior administrator and periodically shall report directly to the governing body of the provider on the activities of the compliance program;

(3) (A) Training and education of affected employees and persons associated with the provider, including executives and governing body members, on compliance issues, expectations, and the compliance program operation. (B) The training under subdivision (d)(3)(A) of this section shall occur periodically and shall be made a part of the orientation for a new employee, appointee, associate, executive, or governing body member;

(A) Training and education of affected employees and persons associated with the provider, including executives and governing body members, on compliance issues, expectations, and the compliance program operation.

(B) The training under subdivision (d)(3)(A) of this section shall occur periodically and shall be made a part of the orientation for a new employee, appointee, associate, executive, or governing body member;

(4) (A) Lines of communication to the designated compliance employee that are accessible to all employees, persons associated with the provider, executives, and governing body members to allow compliance issues to be reported. (B) The lines of communication under subdivision (d)(4)(A) of this section shall include a method for anonymous and confidential good-faith reporting of potential compliance issues as they are identified;

(A) Lines of communication to the designated compliance employee that are accessible to all employees, persons associated with the provider, executives, and governing body members to allow compliance issues to be reported.

(B) The lines of communication under subdivision (d)(4)(A) of this section shall include a method for anonymous and confidential good-faith reporting of potential compliance issues as they are identified;

(5) Disciplinary policies to encourage good-faith participation in the compliance program by an affected individual, including a policy that articulates expectations for reporting compliance issues and assisting in their resolution and outlines sanctions for: (A) Failing to report suspected problems; (B) Participating in noncompliant behavior; and (C) Encouraging, directing, facilitating, or permitting noncompliant behavior;

(A) Failing to report suspected problems;

(B) Participating in noncompliant behavior; and

(C) Encouraging, directing, facilitating, or permitting noncompliant behavior;

(6) A system for routine identification of compliance risk areas specific to the provider type for: (A) Self-evaluation of the risk areas, including internal audits and as appropriate external audits; and (B) Evaluation of potential or actual noncompliance as a result of the self-evaluations and audits;

(A) Self-evaluation of the risk areas, including internal audits and as appropriate external audits; and

(B) Evaluation of potential or actual noncompliance as a result of the self-evaluations and audits;

(7) A system for: (A) Responding to compliance issues as they are raised; (B) Investigating potential compliance problems; (C) Responding to compliance problems as identified in the course of self-evaluations and audits; (D) Correcting problems promptly and thoroughly and implementing procedures, policies, and systems to reduce the potential for recurrence; (E) Identifying and reporting compliance issues to the Department of Human Services or the Office of Medicaid Inspector General; and (F) Refunding overpayments; and

(A) Responding to compliance issues as they are raised;

(B) Investigating potential compliance problems;

(C) Responding to compliance problems as identified in the course of self-evaluations and audits;

(D) Correcting problems promptly and thoroughly and implementing procedures, policies, and systems to reduce the potential for recurrence;

(E) Identifying and reporting compliance issues to the Department of Human Services or the Office of Medicaid Inspector General; and

(F) Refunding overpayments; and

(8) A policy of nonintimidation and nonretaliation for good-faith participation in the compliance program, including without limitation: (A) Reporting potential issues; (B) Investigating issues; (C) Self-evaluations; (D) Audits and remedial actions; and (E) Reporting to appropriate officials.

(A) Reporting potential issues;

(B) Investigating issues;

(C) Self-evaluations;

(D) Audits and remedial actions; and

(E) Reporting to appropriate officials.

(e) (1) Upon enrollment in the medical assistance program, a provider shall certify to the Department of Human Services that the provider satisfactorily meets the requirements of this section. (2) The Medicaid Inspector General shall determine whether a provider has a compliance program that satisfactorily meets the requirements of this section by requesting no more than one (1) time every year an updated certification that the provider satisfactorily meets the requirements of this section.

(1) Upon enrollment in the medical assistance program, a provider shall certify to the Department of Human Services that the provider satisfactorily meets the requirements of this section.

(2) The Medicaid Inspector General shall determine whether a provider has a compliance program that satisfactorily meets the requirements of this section by requesting no more than one (1) time every year an updated certification that the provider satisfactorily meets the requirements of this section.

(f) A compliance program that is accepted by the United States Department of Health and Human Services' Office of Inspector General and remains in compliance with the standards of the Office of Medicaid Inspector General is in compliance with this section.

(g) If the Medicaid Inspector General finds that a provider does not have a satisfactory compliance program within ninety (90) days after the effective date of a rule adopted under this section, the provider is subject to any sanction or penalty permitted by a state law or rule or a federal law or regulation, including revocation of the provider's agreement to participate in the medical assistance program.

(h) (1) The Office of Medicaid Inspector General shall adopt rules to implement this section. (2) The rules shall be subject to review by the Legislative Council.

(1) The Office of Medicaid Inspector General shall adopt rules to implement this section.

(2) The rules shall be subject to review by the Legislative Council.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-27-1009 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1009
Grant eligibility - Distribution of grant funds
Status: in_force

(a) (1) A city or county with a population of less than fifty thousand (50,000) according to the most recent federal decennial census may apply to the Division of Environmental Quality for grant funds to be used under this subchapter. (2) Grant funds approved for use by a county shall not be used for a stabilization and abatement activity within a city that has a population of fifty thousand (50,000) or greater according to the most recent federal decennial census. (b) To be eligible to receive grant funds under this subchapter, a city or county shall certify the following information to the division in the form required by the division for grant applications under this subchapter: (1) Verification from an authorized local government official that: (A) There is an eligible structure located in the city or county; (B) The city or county either: (i) Owned the eligible structure at the time the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; or (ii) Has taken ownership of the eligible structure since the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; and (C) The city or county did not cause or contribute to the collapse or failure of the structural integrity of the eligible structure; (2) Verification in the form of a report and site assessment from an asbestos abatement consultant or asbestos abatement contractor licensed under § 20-27-1006 that the friable asbestos materials in the eligible structure pose a potential threat to public health; (3) A proposed project design and work plan that complies with the rules of the Arkansas Pollution Control and Ecology Commission; and (4) An estimate of the anticipated costs associated with and any costs already incurred for each stabilization and abatement activity. (c) When the division approves a grant application received under this section, the division shall distribute grant funds based on the available moneys dedicated to the Asbestos Abatement Grant Program in the Asbestos Control Fund according to procedures established by the Director of the Division of Environmental Quality. Amended by Act 2019, No. 315,§ 2102, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3222, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3221, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3220, eff. 7/1/2019. Amended by Act 2017, No. 456,§ 2, eff. 8/1/2017. Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.

(a) (1) A city or county with a population of less than fifty thousand (50,000) according to the most recent federal decennial census may apply to the Division of Environmental Quality for grant funds to be used under this subchapter. (2) Grant funds approved for use by a county shall not be used for a stabilization and abatement activity within a city that has a population of fifty thousand (50,000) or greater according to the most recent federal decennial census.

(1) A city or county with a population of less than fifty thousand (50,000) according to the most recent federal decennial census may apply to the Division of Environmental Quality for grant funds to be used under this subchapter.

(2) Grant funds approved for use by a county shall not be used for a stabilization and abatement activity within a city that has a population of fifty thousand (50,000) or greater according to the most recent federal decennial census.

(b) To be eligible to receive grant funds under this subchapter, a city or county shall certify the following information to the division in the form required by the division for grant applications under this subchapter: (1) Verification from an authorized local government official that: (A) There is an eligible structure located in the city or county; (B) The city or county either: (i) Owned the eligible structure at the time the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; or (ii) Has taken ownership of the eligible structure since the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; and (C) The city or county did not cause or contribute to the collapse or failure of the structural integrity of the eligible structure; (2) Verification in the form of a report and site assessment from an asbestos abatement consultant or asbestos abatement contractor licensed under § 20-27-1006 that the friable asbestos materials in the eligible structure pose a potential threat to public health; (3) A proposed project design and work plan that complies with the rules of the Arkansas Pollution Control and Ecology Commission; and (4) An estimate of the anticipated costs associated with and any costs already incurred for each stabilization and abatement activity.

(1) Verification from an authorized local government official that: (A) There is an eligible structure located in the city or county; (B) The city or county either: (i) Owned the eligible structure at the time the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; or (ii) Has taken ownership of the eligible structure since the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; and (C) The city or county did not cause or contribute to the collapse or failure of the structural integrity of the eligible structure;

(A) There is an eligible structure located in the city or county;

(B) The city or county either: (i) Owned the eligible structure at the time the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; or (ii) Has taken ownership of the eligible structure since the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; and

(i) Owned the eligible structure at the time the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; or

(ii) Has taken ownership of the eligible structure since the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; and

(C) The city or county did not cause or contribute to the collapse or failure of the structural integrity of the eligible structure;

(2) Verification in the form of a report and site assessment from an asbestos abatement consultant or asbestos abatement contractor licensed under § 20-27-1006 that the friable asbestos materials in the eligible structure pose a potential threat to public health;

(3) A proposed project design and work plan that complies with the rules of the Arkansas Pollution Control and Ecology Commission; and

(4) An estimate of the anticipated costs associated with and any costs already incurred for each stabilization and abatement activity.

(c) When the division approves a grant application received under this section, the division shall distribute grant funds based on the available moneys dedicated to the Asbestos Abatement Grant Program in the Asbestos Control Fund according to procedures established by the Director of the Division of Environmental Quality.

Amended by Act 2019, No. 315,§ 2102, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3222, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3221, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3220, eff. 7/1/2019.

Amended by Act 2017, No. 456,§ 2, eff. 8/1/2017.

Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.
Ark. Code Ann. § 20-16-809 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-809
Judicial relief from requirement
Status: in_force

(a) The requirements and procedures of this subchapter are available to a pregnant woman regardless of whether the woman is a resident of the state. (b) Notwithstanding the provisions of §§ 20-16-803 - 20-16-806 , if a pregnant minor or incompetent woman does not wish to obtain the consent of one (1) or both parents or the guardian or custodian, then: (1) (A) The pregnant woman may petition a circuit court for a waiver of the consent requirement and may participate in the proceedings on her own behalf. (B) However, the court shall advise the pregnant woman that she has a right to a court-appointed counsel and, upon her request, shall provide her with such counsel. (C) The court may appoint a guardian ad litem for the pregnant woman. (D) A guardian ad litem appointed under this subchapter shall act to maintain the confidentiality of the proceedings; (2) (A) When the petitioner is a minor, the petition shall include a statement that the minor is pregnant and unempancipated. (B) The petition shall include a statement that consent has not been waived and that the pregnant woman wishes to abort the fetus without obtaining consent under this subchapter; (3) The pregnant woman shall have the right to file her petition in the circuit court using a pseudonym or using solely her initials; (4) (A) The court proceedings under this section shall be confidential and shall ensure the anonymity of the minor or incompetent woman. (B) All court proceedings under this section shall be sealed and all documents related to the petition shall be confidential and shall not be available to the public; (5) These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly and without delay as to serve the best interests of the pregnant minor or incompetent woman; (6) The judge shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained, including the findings and conclusions of the judge; (7) (A) An expedited confidential appeal shall be available to any pregnant minor or incompetent woman for whom the court denies an order authorizing an abortion without consent. (B) An order authorizing an abortion without consent shall not be subject to appeal; and (8) A filing fee shall not be required of any pregnant minor or incompetent woman at either the trial or the appellate level. (c) (1) (A) If the court finds by clear and convincing evidence that the pregnant woman is both sufficiently mature and well-informed to decide whether to have an abortion, the court shall: (i) Issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or legal guardian; and (ii) Execute the required forms. (B) If the court does not make the findings specified in this subdivision (c)(1) or subdivision (c)(2) of this section, the court shall dismiss the petition. (2) (A) If the court finds by clear and convincing evidence that the pregnant woman is the victim of physical or sexual abuse by one (1) or both of her parents or her legal guardian or that obtaining the consent of a parent or legal guardian is not in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or guardian. (B) If the court does not make the findings specified in subdivision (c)(1) of this section or this subdivision (c)(2), the court shall dismiss the petition. (3) The attending physician shall report any abuse as provided in the Child Maltreatment Act, § 12-18-101 et seq. (d) (1) If the pregnant woman claims to be mature and well-informed at a proceeding held under this subchapter, the pregnant woman shall prove by clear and convincing evidence that she is sufficiently mature and capable of giving informed consent without obtaining consent from or giving notice to her parent or legal guardian based on her experience level, perspective, and judgment. (2) In assessing the pregnant woman's experience level, the court may consider the following relevant factors: (A) The age of the pregnant woman; (B) The pregnant woman's experiences working outside the home; (C) The pregnant woman's experiences living away from home; (D) The pregnant woman's experiences traveling on her own; (E) The pregnant woman's experiences handling personal finances; (F) The pregnant woman's experiences making other significant decisions; and (G) Other relevant factors as appropriate. (3) In assessing the pregnant woman's perspective, the court may consider the following relevant factors: (A) The steps that the pregnant woman took to explore her options; (B) To what extent she considered and weighed the potential consequences of each option; and (C) Other relevant factors as appropriate. (4) In assessing the pregnant woman's judgment, the court may consider among other relevant factors the pregnant woman's conduct since learning of her pregnancy and her intellectual ability to understand her options and to make an informed decision. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) The requirements and procedures of this subchapter are available to a pregnant woman regardless of whether the woman is a resident of the state.

(b) Notwithstanding the provisions of §§ 20-16-803 - 20-16-806 , if a pregnant minor or incompetent woman does not wish to obtain the consent of one (1) or both parents or the guardian or custodian, then: (1) (A) The pregnant woman may petition a circuit court for a waiver of the consent requirement and may participate in the proceedings on her own behalf. (B) However, the court shall advise the pregnant woman that she has a right to a court-appointed counsel and, upon her request, shall provide her with such counsel. (C) The court may appoint a guardian ad litem for the pregnant woman. (D) A guardian ad litem appointed under this subchapter shall act to maintain the confidentiality of the proceedings; (2) (A) When the petitioner is a minor, the petition shall include a statement that the minor is pregnant and unempancipated. (B) The petition shall include a statement that consent has not been waived and that the pregnant woman wishes to abort the fetus without obtaining consent under this subchapter; (3) The pregnant woman shall have the right to file her petition in the circuit court using a pseudonym or using solely her initials; (4) (A) The court proceedings under this section shall be confidential and shall ensure the anonymity of the minor or incompetent woman. (B) All court proceedings under this section shall be sealed and all documents related to the petition shall be confidential and shall not be available to the public; (5) These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly and without delay as to serve the best interests of the pregnant minor or incompetent woman; (6) The judge shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained, including the findings and conclusions of the judge; (7) (A) An expedited confidential appeal shall be available to any pregnant minor or incompetent woman for whom the court denies an order authorizing an abortion without consent. (B) An order authorizing an abortion without consent shall not be subject to appeal; and (8) A filing fee shall not be required of any pregnant minor or incompetent woman at either the trial or the appellate level.

(1) (A) The pregnant woman may petition a circuit court for a waiver of the consent requirement and may participate in the proceedings on her own behalf. (B) However, the court shall advise the pregnant woman that she has a right to a court-appointed counsel and, upon her request, shall provide her with such counsel. (C) The court may appoint a guardian ad litem for the pregnant woman. (D) A guardian ad litem appointed under this subchapter shall act to maintain the confidentiality of the proceedings;

(A) The pregnant woman may petition a circuit court for a waiver of the consent requirement and may participate in the proceedings on her own behalf.

(B) However, the court shall advise the pregnant woman that she has a right to a court-appointed counsel and, upon her request, shall provide her with such counsel.

(C) The court may appoint a guardian ad litem for the pregnant woman.

(D) A guardian ad litem appointed under this subchapter shall act to maintain the confidentiality of the proceedings;

(2) (A) When the petitioner is a minor, the petition shall include a statement that the minor is pregnant and unempancipated. (B) The petition shall include a statement that consent has not been waived and that the pregnant woman wishes to abort the fetus without obtaining consent under this subchapter;

(A) When the petitioner is a minor, the petition shall include a statement that the minor is pregnant and unempancipated.

(B) The petition shall include a statement that consent has not been waived and that the pregnant woman wishes to abort the fetus without obtaining consent under this subchapter;

(3) The pregnant woman shall have the right to file her petition in the circuit court using a pseudonym or using solely her initials;

(4) (A) The court proceedings under this section shall be confidential and shall ensure the anonymity of the minor or incompetent woman. (B) All court proceedings under this section shall be sealed and all documents related to the petition shall be confidential and shall not be available to the public;

(A) The court proceedings under this section shall be confidential and shall ensure the anonymity of the minor or incompetent woman.

(B) All court proceedings under this section shall be sealed and all documents related to the petition shall be confidential and shall not be available to the public;

(5) These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly and without delay as to serve the best interests of the pregnant minor or incompetent woman;

(6) The judge shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained, including the findings and conclusions of the judge;

(7) (A) An expedited confidential appeal shall be available to any pregnant minor or incompetent woman for whom the court denies an order authorizing an abortion without consent. (B) An order authorizing an abortion without consent shall not be subject to appeal; and

(A) An expedited confidential appeal shall be available to any pregnant minor or incompetent woman for whom the court denies an order authorizing an abortion without consent.

(B) An order authorizing an abortion without consent shall not be subject to appeal; and

(8) A filing fee shall not be required of any pregnant minor or incompetent woman at either the trial or the appellate level.

(c) (1) (A) If the court finds by clear and convincing evidence that the pregnant woman is both sufficiently mature and well-informed to decide whether to have an abortion, the court shall: (i) Issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or legal guardian; and (ii) Execute the required forms. (B) If the court does not make the findings specified in this subdivision (c)(1) or subdivision (c)(2) of this section, the court shall dismiss the petition. (2) (A) If the court finds by clear and convincing evidence that the pregnant woman is the victim of physical or sexual abuse by one (1) or both of her parents or her legal guardian or that obtaining the consent of a parent or legal guardian is not in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or guardian. (B) If the court does not make the findings specified in subdivision (c)(1) of this section or this subdivision (c)(2), the court shall dismiss the petition. (3) The attending physician shall report any abuse as provided in the Child Maltreatment Act, § 12-18-101 et seq.

(1) (A) If the court finds by clear and convincing evidence that the pregnant woman is both sufficiently mature and well-informed to decide whether to have an abortion, the court shall: (i) Issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or legal guardian; and (ii) Execute the required forms. (B) If the court does not make the findings specified in this subdivision (c)(1) or subdivision (c)(2) of this section, the court shall dismiss the petition.

(A) If the court finds by clear and convincing evidence that the pregnant woman is both sufficiently mature and well-informed to decide whether to have an abortion, the court shall: (i) Issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or legal guardian; and (ii) Execute the required forms.

(i) Issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or legal guardian; and

(ii) Execute the required forms.

(B) If the court does not make the findings specified in this subdivision (c)(1) or subdivision (c)(2) of this section, the court shall dismiss the petition.

(2) (A) If the court finds by clear and convincing evidence that the pregnant woman is the victim of physical or sexual abuse by one (1) or both of her parents or her legal guardian or that obtaining the consent of a parent or legal guardian is not in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or guardian. (B) If the court does not make the findings specified in subdivision (c)(1) of this section or this subdivision (c)(2), the court shall dismiss the petition.

(A) If the court finds by clear and convincing evidence that the pregnant woman is the victim of physical or sexual abuse by one (1) or both of her parents or her legal guardian or that obtaining the consent of a parent or legal guardian is not in the best interest of the pregnant woman, the court shall issue an order authorizing the pregnant woman to consent to the performance or inducement of an abortion without the consent of a parent or guardian.

(B) If the court does not make the findings specified in subdivision (c)(1) of this section or this subdivision (c)(2), the court shall dismiss the petition.

(3) The attending physician shall report any abuse as provided in the Child Maltreatment Act, § 12-18-101 et seq.

(d) (1) If the pregnant woman claims to be mature and well-informed at a proceeding held under this subchapter, the pregnant woman shall prove by clear and convincing evidence that she is sufficiently mature and capable of giving informed consent without obtaining consent from or giving notice to her parent or legal guardian based on her experience level, perspective, and judgment. (2) In assessing the pregnant woman's experience level, the court may consider the following relevant factors: (A) The age of the pregnant woman; (B) The pregnant woman's experiences working outside the home; (C) The pregnant woman's experiences living away from home; (D) The pregnant woman's experiences traveling on her own; (E) The pregnant woman's experiences handling personal finances; (F) The pregnant woman's experiences making other significant decisions; and (G) Other relevant factors as appropriate. (3) In assessing the pregnant woman's perspective, the court may consider the following relevant factors: (A) The steps that the pregnant woman took to explore her options; (B) To what extent she considered and weighed the potential consequences of each option; and (C) Other relevant factors as appropriate. (4) In assessing the pregnant woman's judgment, the court may consider among other relevant factors the pregnant woman's conduct since learning of her pregnancy and her intellectual ability to understand her options and to make an informed decision.

(1) If the pregnant woman claims to be mature and well-informed at a proceeding held under this subchapter, the pregnant woman shall prove by clear and convincing evidence that she is sufficiently mature and capable of giving informed consent without obtaining consent from or giving notice to her parent or legal guardian based on her experience level, perspective, and judgment.

(2) In assessing the pregnant woman's experience level, the court may consider the following relevant factors: (A) The age of the pregnant woman; (B) The pregnant woman's experiences working outside the home; (C) The pregnant woman's experiences living away from home; (D) The pregnant woman's experiences traveling on her own; (E) The pregnant woman's experiences handling personal finances; (F) The pregnant woman's experiences making other significant decisions; and (G) Other relevant factors as appropriate.

(A) The age of the pregnant woman;

(B) The pregnant woman's experiences working outside the home;

(C) The pregnant woman's experiences living away from home;

(D) The pregnant woman's experiences traveling on her own;

(E) The pregnant woman's experiences handling personal finances;

(F) The pregnant woman's experiences making other significant decisions; and

(G) Other relevant factors as appropriate.

(3) In assessing the pregnant woman's perspective, the court may consider the following relevant factors: (A) The steps that the pregnant woman took to explore her options; (B) To what extent she considered and weighed the potential consequences of each option; and (C) Other relevant factors as appropriate.

(A) The steps that the pregnant woman took to explore her options;

(B) To what extent she considered and weighed the potential consequences of each option; and

(C) Other relevant factors as appropriate.

(4) In assessing the pregnant woman's judgment, the court may consider among other relevant factors the pregnant woman's conduct since learning of her pregnancy and her intellectual ability to understand her options and to make an informed decision.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-9-1202 — AR Code / Title 20 / Chapter 9 / Subchapter 12 / Section 20-9-1202
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Health facility" means any of the following facilities: (i) A hospital, outpatient surgery center, public health center, or recuperation center, as those facilities are defined in § 20-9-201 ; and (ii) Any other facility determined to be a source of healthcare-associated infections and designated as such by the Department of Health. (B) "Health facility" does not include: (i) A physician's office unless the office is otherwise licensed as an outpatient surgery center; or (ii) An establishment furnishing primarily domiciliary care; (2) "Healthcare-associated infection" means a localized or systemic condition in a person that: (A) Results from adverse reaction to the presence of an infectious agent or a toxin of an infectious agent; and (B) Was not present or incubating in the person at the time of admission to the health facility; and (3) "National Healthcare Safety Network" means the secure, internet-based surveillance system managed by the Division of Healthcare Quality Promotion at the Centers for Disease Control and Prevention created by the Centers for Disease Control and Prevention for accumulating, exchanging, and integrating relevant information on infectious adverse events associated with healthcare delivery. Amended by Act 2013, No. 1132,§ 3, eff. 8/16/2013. Acts 2007, No. 845, § 1; 2011, No. 634, § 1.

As used in this subchapter:

(1) (A) "Health facility" means any of the following facilities: (i) A hospital, outpatient surgery center, public health center, or recuperation center, as those facilities are defined in § 20-9-201 ; and (ii) Any other facility determined to be a source of healthcare-associated infections and designated as such by the Department of Health. (B) "Health facility" does not include: (i) A physician's office unless the office is otherwise licensed as an outpatient surgery center; or (ii) An establishment furnishing primarily domiciliary care;

(A) "Health facility" means any of the following facilities: (i) A hospital, outpatient surgery center, public health center, or recuperation center, as those facilities are defined in § 20-9-201 ; and (ii) Any other facility determined to be a source of healthcare-associated infections and designated as such by the Department of Health.

(i) A hospital, outpatient surgery center, public health center, or recuperation center, as those facilities are defined in § 20-9-201 ; and

(ii) Any other facility determined to be a source of healthcare-associated infections and designated as such by the Department of Health.

(B) "Health facility" does not include: (i) A physician's office unless the office is otherwise licensed as an outpatient surgery center; or (ii) An establishment furnishing primarily domiciliary care;

(i) A physician's office unless the office is otherwise licensed as an outpatient surgery center; or

(ii) An establishment furnishing primarily domiciliary care;

(2) "Healthcare-associated infection" means a localized or systemic condition in a person that: (A) Results from adverse reaction to the presence of an infectious agent or a toxin of an infectious agent; and (B) Was not present or incubating in the person at the time of admission to the health facility; and

(A) Results from adverse reaction to the presence of an infectious agent or a toxin of an infectious agent; and

(B) Was not present or incubating in the person at the time of admission to the health facility; and

(3) "National Healthcare Safety Network" means the secure, internet-based surveillance system managed by the Division of Healthcare Quality Promotion at the Centers for Disease Control and Prevention created by the Centers for Disease Control and Prevention for accumulating, exchanging, and integrating relevant information on infectious adverse events associated with healthcare delivery.

Amended by Act 2013, No. 1132,§ 3, eff. 8/16/2013.

Acts 2007, No. 845, § 1; 2011, No. 634, § 1.
Ark. Code Ann. § 20-15-1905 — AR Code / Title 20 / Chapter 15 / Subchapter 19 / Section 20-15-1905
Initiative requirements
Status: in_force

The Arkansas Colorectal Cancer Screening Initiative funded under this subchapter shall: (1) Provide screenings and diagnostic tests for colorectal cancer to individuals who are: (A) Forty-five (45) years of age or older; or (B) Under forty-five (45) years of age and at high risk for colorectal cancer; (2) Provide appropriate case management and referrals for medical treatment of individuals screened under the initiative created in this subchapter; (3) Directly or through coordination or an arrangement with healthcare providers or programs ensure the full continuum of follow-up and cancer care for individuals screened in the initiative, including without limitation: (A) Appropriate follow-up for abnormal test results; (B) Diagnostic services; (C) Therapeutic services; and (D) Treatment of detected cancers and management of unanticipated medical complications; (4) Carry out activities to improve the education, training, and skills of health professionals, including allied health professionals in the detection and control of colorectal cancer; (5) Establish mechanisms to monitor the quality of screening and diagnostic follow-up procedures for colorectal cancer; (6) Create and implement appropriate monitoring systems to monitor, including without limitation: (A) The number of facilities in the state that provide screening services in accordance with evidence-based screening guidelines and procedures; (B) Physicians, including family practitioners, gastroenterologists, and surgical endoscopists who perform colonoscopies in the state and the regions of the state in which the physicians practice; (C) Differences in cost across facilities as compared to Medicare payment for procedures; and (D) Available resources for follow-up diagnostics and treatment as needed; (7) Develop and disseminate findings derived from the monitoring systems; (8) Develop and disseminate public information and education programs for the detection and control of colorectal cancer and for promoting the benefits of receiving screenings for the public and for healthcare professions, to include without limitation education concerning: (A) High-risk populations; (B) Target populations; and (C) The uninsured and underinsured; (9) Develop provider-oriented programs to promote routine implementation of screening guidelines and patient-oriented programs to increase utilization of screening and diagnostic services; and (10) Make records of initiative activities and expenditures available to the Department of Health. Amended by Act 2019, No. 655,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017. Acts 2009, No. 1374, § 1; 2011, No. 1121, § 4.

The Arkansas Colorectal Cancer Screening Initiative funded under this subchapter shall:

(1) Provide screenings and diagnostic tests for colorectal cancer to individuals who are: (A) Forty-five (45) years of age or older; or (B) Under forty-five (45) years of age and at high risk for colorectal cancer;

(A) Forty-five (45) years of age or older; or

(B) Under forty-five (45) years of age and at high risk for colorectal cancer;

(2) Provide appropriate case management and referrals for medical treatment of individuals screened under the initiative created in this subchapter;

(3) Directly or through coordination or an arrangement with healthcare providers or programs ensure the full continuum of follow-up and cancer care for individuals screened in the initiative, including without limitation: (A) Appropriate follow-up for abnormal test results; (B) Diagnostic services; (C) Therapeutic services; and (D) Treatment of detected cancers and management of unanticipated medical complications;

(A) Appropriate follow-up for abnormal test results;

(B) Diagnostic services;

(C) Therapeutic services; and

(D) Treatment of detected cancers and management of unanticipated medical complications;

(4) Carry out activities to improve the education, training, and skills of health professionals, including allied health professionals in the detection and control of colorectal cancer;

(5) Establish mechanisms to monitor the quality of screening and diagnostic follow-up procedures for colorectal cancer;

(6) Create and implement appropriate monitoring systems to monitor, including without limitation: (A) The number of facilities in the state that provide screening services in accordance with evidence-based screening guidelines and procedures; (B) Physicians, including family practitioners, gastroenterologists, and surgical endoscopists who perform colonoscopies in the state and the regions of the state in which the physicians practice; (C) Differences in cost across facilities as compared to Medicare payment for procedures; and (D) Available resources for follow-up diagnostics and treatment as needed;

(A) The number of facilities in the state that provide screening services in accordance with evidence-based screening guidelines and procedures;

(B) Physicians, including family practitioners, gastroenterologists, and surgical endoscopists who perform colonoscopies in the state and the regions of the state in which the physicians practice;

(C) Differences in cost across facilities as compared to Medicare payment for procedures; and

(D) Available resources for follow-up diagnostics and treatment as needed;

(7) Develop and disseminate findings derived from the monitoring systems;

(8) Develop and disseminate public information and education programs for the detection and control of colorectal cancer and for promoting the benefits of receiving screenings for the public and for healthcare professions, to include without limitation education concerning: (A) High-risk populations; (B) Target populations; and (C) The uninsured and underinsured;

(A) High-risk populations;

(B) Target populations; and

(C) The uninsured and underinsured;

(9) Develop provider-oriented programs to promote routine implementation of screening guidelines and patient-oriented programs to increase utilization of screening and diagnostic services; and

(10) Make records of initiative activities and expenditures available to the Department of Health.

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

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

Acts 2009, No. 1374, § 1; 2011, No. 1121, § 4.
Ark. Code Ann. § 20-77-2512 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2512
Applicability of Medicaid Fairness Act
Status: in_force

The Medicaid Fairness Act, § 20-77-1701 et seq., applies to this subchapter. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

The Medicaid Fairness Act, § 20-77-1701 et seq., applies to this subchapter.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-77-2804 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2804
Program administration
Status: in_force

(a) The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter. (b) (1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter. (2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the medical transportation provider assessment imposed under § 20-77-2803 . (3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for: (A) Calculating of upper payment limits; (B) Reporting of net operating revenue; (C) Imposing and collecting of the medical transportation provider assessment imposed under § 20-77-2803 ; and (D) Enforcing this subchapter, including without limitation letters of caution or sanctions. (4) The rules adopted under subdivision (b)(1) of this section shall specify which time periods are used as the basis for the calculation of the assessment in each state fiscal year. (c) To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter.

(b) (1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter. (2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the medical transportation provider assessment imposed under § 20-77-2803 . (3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for: (A) Calculating of upper payment limits; (B) Reporting of net operating revenue; (C) Imposing and collecting of the medical transportation provider assessment imposed under § 20-77-2803 ; and (D) Enforcing this subchapter, including without limitation letters of caution or sanctions. (4) The rules adopted under subdivision (b)(1) of this section shall specify which time periods are used as the basis for the calculation of the assessment in each state fiscal year.

(1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter.

(2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the medical transportation provider assessment imposed under § 20-77-2803 .

(3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for: (A) Calculating of upper payment limits; (B) Reporting of net operating revenue; (C) Imposing and collecting of the medical transportation provider assessment imposed under § 20-77-2803 ; and (D) Enforcing this subchapter, including without limitation letters of caution or sanctions.

(A) Calculating of upper payment limits;

(B) Reporting of net operating revenue;

(C) Imposing and collecting of the medical transportation provider assessment imposed under § 20-77-2803 ; and

(D) Enforcing this subchapter, including without limitation letters of caution or sanctions.

(4) The rules adopted under subdivision (b)(1) of this section shall specify which time periods are used as the basis for the calculation of the assessment in each state fiscal year.

(c) To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-16-603 — AR Code / Title 20 / Chapter 16 / Subchapter 6 / Section 20-16-603
Drug-induced abortions - Procedures - Penalties - Causes of action - Definitions
Status: in_force

(a) As used in this section: (1) "Abortion" means the use or prescription of an instrument, medicine, drug, or another substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and that causes the premature termination of the pregnancy; (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the physician believes them to be, constitutes a substantial step toward the performance or induction of an abortion in violation of this section; (3) "Mifepristone" means the specific abortion-inducing drug regimen known as RU-486; and (4) "Physician" means a natural person licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) (1) When mifepristone or another drug or chemical regimen is used to induce an abortion, the initial administration of the drug or chemical shall occur in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient. (2) The physician who induces the abortion, or a person acting on behalf of the physician who induces the abortion, shall make all reasonable efforts to ensure that the patient returns twelve (12) to eighteen (18) days after the administration or use of mifepristone or another drug or chemical for a follow-up visit so that the physician can confirm that the pregnancy has been terminated and can assess the patient's medical condition. (3) A brief description of the efforts made to comply with this section, including the date, time, and identification by name of the person making the efforts, shall be included in the patient's medical record. (c) This section does not affect telemedicine practice that does not involve the use of mifepristone or another drug or chemical to induce an abortion. (d) (1) If the Arkansas State Medical Board finds that a physician licensed by the board has violated the rules of professional conduct by performing an abortion in violation of this subchapter, the board shall revoke the physician's license. (2) A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed. (e) (1) (A) A woman who receives an abortion, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in violation of this section for actual and punitive damages. (B) A woman who attempts to receive an abortion in violation of this section may maintain an action against the person who attempted to perform the abortion for actual and punitive damages. (2) (A) Upon petition by any citizen in the county in which an alleged violation of this section occurred or in which the defendant resides, a court may enjoin a healthcare professional who has knowingly or recklessly violated this section. (B) An injunction under subdivision (e)(2)(A) of this section shall prevent the abortion provider from performing further abortions in violation of this section. (f) (1) If a judgment is rendered in favor of the plaintiff who prevails in an action under subsection (e) of this section, the court shall award reasonable attorney's fees and costs in favor of the plaintiff against the defendant. (2) If a 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 order the plaintiff to pay reasonable attorney's fees to the defendant. (g) A pregnant woman who obtains or possesses mifepristone or another drug or chemical used for the purpose of inducing an abortion to terminate her pregnancy shall not be subject to an action under subsection (e) of this section. (h) (1) In a civil proceeding or action brought under this section, the court shall determine if the anonymity of a woman who receives or attempts to receive an abortion shall be preserved from public disclosure without her consent. (2) (A) Upon determining that the woman's anonymity shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. (B) An order under subdivision (h)(2)(A) of this section shall be accompanied by specific written findings explaining: (i) Why the anonymity of the woman should be preserved from public disclosure; (ii) Why the order is essential to that end; (iii) How the order is narrowly tailored to serve that interest; and (iv) Why no reasonable, less restrictive alternative exists. (C) In the absence of written consent of the woman who receives or attempts to receive an abortion, anyone other than a public official who brings an action under subsection (e) of this section shall bring the action under a pseudonym. (D) This subsection does not conceal the identity of the plaintiff or of a witness from the defendant. (i) This section does not create or recognize a right to abortion. Added by Act 2015, No. 1014,§ 1, eff. 7/22/2015. Added by Act 2015, No. 139,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Abortion" means the use or prescription of an instrument, medicine, drug, or another substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and that causes the premature termination of the pregnancy; (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the physician believes them to be, constitutes a substantial step toward the performance or induction of an abortion in violation of this section; (3) "Mifepristone" means the specific abortion-inducing drug regimen known as RU-486; and (4) "Physician" means a natural person licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(1) "Abortion" means the use or prescription of an instrument, medicine, drug, or another substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and that causes the premature termination of the pregnancy;

(2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the physician believes them to be, constitutes a substantial step toward the performance or induction of an abortion in violation of this section;

(3) "Mifepristone" means the specific abortion-inducing drug regimen known as RU-486; and

(4) "Physician" means a natural person licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(b) (1) When mifepristone or another drug or chemical regimen is used to induce an abortion, the initial administration of the drug or chemical shall occur in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient. (2) The physician who induces the abortion, or a person acting on behalf of the physician who induces the abortion, shall make all reasonable efforts to ensure that the patient returns twelve (12) to eighteen (18) days after the administration or use of mifepristone or another drug or chemical for a follow-up visit so that the physician can confirm that the pregnancy has been terminated and can assess the patient's medical condition. (3) A brief description of the efforts made to comply with this section, including the date, time, and identification by name of the person making the efforts, shall be included in the patient's medical record.

(1) When mifepristone or another drug or chemical regimen is used to induce an abortion, the initial administration of the drug or chemical shall occur in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient.

(2) The physician who induces the abortion, or a person acting on behalf of the physician who induces the abortion, shall make all reasonable efforts to ensure that the patient returns twelve (12) to eighteen (18) days after the administration or use of mifepristone or another drug or chemical for a follow-up visit so that the physician can confirm that the pregnancy has been terminated and can assess the patient's medical condition.

(3) A brief description of the efforts made to comply with this section, including the date, time, and identification by name of the person making the efforts, shall be included in the patient's medical record.

(c) This section does not affect telemedicine practice that does not involve the use of mifepristone or another drug or chemical to induce an abortion.

(d) (1) If the Arkansas State Medical Board finds that a physician licensed by the board has violated the rules of professional conduct by performing an abortion in violation of this subchapter, the board shall revoke the physician's license. (2) A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed.

(1) If the Arkansas State Medical Board finds that a physician licensed by the board has violated the rules of professional conduct by performing an abortion in violation of this subchapter, the board shall revoke the physician's license.

(2) A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed.

(e) (1) (A) A woman who receives an abortion, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in violation of this section for actual and punitive damages. (B) A woman who attempts to receive an abortion in violation of this section may maintain an action against the person who attempted to perform the abortion for actual and punitive damages. (2) (A) Upon petition by any citizen in the county in which an alleged violation of this section occurred or in which the defendant resides, a court may enjoin a healthcare professional who has knowingly or recklessly violated this section. (B) An injunction under subdivision (e)(2)(A) of this section shall prevent the abortion provider from performing further abortions in violation of this section.

(1) (A) A woman who receives an abortion, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in violation of this section for actual and punitive damages. (B) A woman who attempts to receive an abortion in violation of this section may maintain an action against the person who attempted to perform the abortion for actual and punitive damages.

(A) A woman who receives an abortion, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in violation of this section for actual and punitive damages.

(B) A woman who attempts to receive an abortion in violation of this section may maintain an action against the person who attempted to perform the abortion for actual and punitive damages.

(2) (A) Upon petition by any citizen in the county in which an alleged violation of this section occurred or in which the defendant resides, a court may enjoin a healthcare professional who has knowingly or recklessly violated this section. (B) An injunction under subdivision (e)(2)(A) of this section shall prevent the abortion provider from performing further abortions in violation of this section.

(A) Upon petition by any citizen in the county in which an alleged violation of this section occurred or in which the defendant resides, a court may enjoin a healthcare professional who has knowingly or recklessly violated this section.

(B) An injunction under subdivision (e)(2)(A) of this section shall prevent the abortion provider from performing further abortions in violation of this section.

(f) (1) If a judgment is rendered in favor of the plaintiff who prevails in an action under subsection (e) of this section, the court shall award reasonable attorney's fees and costs in favor of the plaintiff against the defendant. (2) If a 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 order the plaintiff to pay reasonable attorney's fees to the defendant.

(1) If a judgment is rendered in favor of the plaintiff who prevails in an action under subsection (e) of this section, the court shall award reasonable attorney's fees and costs in favor of the plaintiff against the defendant.

(2) If a 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 order the plaintiff to pay reasonable attorney's fees to the defendant.

(g) A pregnant woman who obtains or possesses mifepristone or another drug or chemical used for the purpose of inducing an abortion to terminate her pregnancy shall not be subject to an action under subsection (e) of this section.

(h) (1) In a civil proceeding or action brought under this section, the court shall determine if the anonymity of a woman who receives or attempts to receive an abortion shall be preserved from public disclosure without her consent. (2) (A) Upon determining that the woman's anonymity shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. (B) An order under subdivision (h)(2)(A) of this section shall be accompanied by specific written findings explaining: (i) Why the anonymity of the woman should be preserved from public disclosure; (ii) Why the order is essential to that end; (iii) How the order is narrowly tailored to serve that interest; and (iv) Why no reasonable, less restrictive alternative exists. (C) In the absence of written consent of the woman who receives or attempts to receive an abortion, anyone other than a public official who brings an action under subsection (e) of this section shall bring the action under a pseudonym. (D) This subsection does not conceal the identity of the plaintiff or of a witness from the defendant.

(1) In a civil proceeding or action brought under this section, the court shall determine if the anonymity of a woman who receives or attempts to receive an abortion shall be preserved from public disclosure without her consent.

(2) (A) Upon determining that the woman's anonymity shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. (B) An order under subdivision (h)(2)(A) of this section shall be accompanied by specific written findings explaining: (i) Why the anonymity of the woman should be preserved from public disclosure; (ii) Why the order is essential to that end; (iii) How the order is narrowly tailored to serve that interest; and (iv) Why no reasonable, less restrictive alternative exists. (C) In the absence of written consent of the woman who receives or attempts to receive an abortion, anyone other than a public official who brings an action under subsection (e) of this section shall bring the action under a pseudonym. (D) This subsection does not conceal the identity of the plaintiff or of a witness from the defendant.

(A) Upon determining that the woman's anonymity shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure.

(B) An order under subdivision (h)(2)(A) of this section shall be accompanied by specific written findings explaining: (i) Why the anonymity of the woman should be preserved from public disclosure; (ii) Why the order is essential to that end; (iii) How the order is narrowly tailored to serve that interest; and (iv) Why no reasonable, less restrictive alternative exists.

(i) Why the anonymity of the woman should be preserved from public disclosure;

(ii) Why the order is essential to that end;

(iii) How the order is narrowly tailored to serve that interest; and

(iv) Why no reasonable, less restrictive alternative exists.

(C) In the absence of written consent of the woman who receives or attempts to receive an abortion, anyone other than a public official who brings an action under subsection (e) of this section shall bring the action under a pseudonym.

(D) This subsection does not conceal the identity of the plaintiff or of a witness from the defendant.

(i) This section does not create or recognize a right to abortion.

Added by Act 2015, No. 1014,§ 1, eff. 7/22/2015.

Added by Act 2015, No. 139,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-16-2002 — AR Code / Title 20 / Chapter 16 / Subchapter 20 / Section 20-16-2002
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) (A) The United States is one (1) of only seven (7) nations in the world that permits nontherapeutic or elective abortion on request after the twentieth week of gestation. (B) Fully seventy-five percent (75%) of all nations do not permit abortion after twelve (12) weeks' gestation, except to save the life and preserve the physical health of the mother; (2) Medical and other authorities now know more about human prenatal development than ever before, including without limitation: (A) Between five (5) and six (6) weeks' gestation, an unborn human being's heart begins to beat; (B) An unborn human being begins to move about in the womb at approximately eight (8) weeks' gestation; (C) At nine (9) weeks' gestation, all basic physiological functions, buds for teeth, eyes, and external genitalia are present; (D) (i) An unborn human being's vital organs begin to function at ten (10) weeks' gestation. (ii) Hair, fingernails, and toenails begin to form at ten (10) weeks' gestation; (E) (i) At eleven (11) weeks' gestation, an unborn human being's diaphragm develops, which can result in hiccups. (ii) In addition, an unborn human being begins to move about freely in the womb; and (F) (i) At twelve (12) weeks' gestation, an unborn human being can open and close his or her fingers, make sucking motions, and sense stimulation from outside the womb. (ii) At this stage, the unborn human being takes on "the human form" in all relevant aspects as stated in Gonzales v. Carhart, 550 U.S. 124, 160 (2007); (3) The United States Supreme Court has recognized that a state has an "important and legitimate interest in protecting the potentiality of human life" in Roe v. Wade, 410 U.S. 113, 162 (1973), and, specifically, that "the state has an interest in protecting the life of the unborn" as discussed in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 873 (1992); (4) (A) The majority of abortion procedures performed after fifteen (15) weeks' gestation are dismemberment abortions as defined by § 20-16-1802 , which are prohibited under the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq. (B) The performance of these types of abortions for nontherapeutic or elective reasons is a barbaric practice that is dangerous for the pregnant woman and demeaning to the medical profession; (5) Most obstetricians and gynecologists practicing in this state do not offer or perform nontherapeutic or elective abortions; (6) (A) According to a 2004 article, abortion can cause significant physical and psychological risks to the pregnant woman that increase with gestational age. (B) Specifically, the relative physical and psychological risks escalate exponentially as gestational age increases in abortions performed after eight (8) weeks' gestation; (7) In the vast majority of uncomplicated pregnancies, the maternal health risks of undergoing an abortion become greater than the risks of carrying a pregnancy to term as the second trimester progresses; (8) In abortions performed after fifteen (15) weeks' gestation, there is a higher risk that a pregnant woman will require a hysterectomy, other reparative surgery, or blood transfusions; and (9) The state has "legitimate interests from the outset of pregnancy in protecting the health of women" as determined by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992), as the "medical, emotional, and psychological consequences of abortion are serious and can be lasting" as stated in H.L. v. Matheson, 450 U.S. 398, 411 (1981). (b) It is the intent of the General Assembly to restrict the practice of nontherapeutic or elective abortions to the period up to the eighteenth week of gestation. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.

(a) The General Assembly finds that: (1) (A) The United States is one (1) of only seven (7) nations in the world that permits nontherapeutic or elective abortion on request after the twentieth week of gestation. (B) Fully seventy-five percent (75%) of all nations do not permit abortion after twelve (12) weeks' gestation, except to save the life and preserve the physical health of the mother; (2) Medical and other authorities now know more about human prenatal development than ever before, including without limitation: (A) Between five (5) and six (6) weeks' gestation, an unborn human being's heart begins to beat; (B) An unborn human being begins to move about in the womb at approximately eight (8) weeks' gestation; (C) At nine (9) weeks' gestation, all basic physiological functions, buds for teeth, eyes, and external genitalia are present; (D) (i) An unborn human being's vital organs begin to function at ten (10) weeks' gestation. (ii) Hair, fingernails, and toenails begin to form at ten (10) weeks' gestation; (E) (i) At eleven (11) weeks' gestation, an unborn human being's diaphragm develops, which can result in hiccups. (ii) In addition, an unborn human being begins to move about freely in the womb; and (F) (i) At twelve (12) weeks' gestation, an unborn human being can open and close his or her fingers, make sucking motions, and sense stimulation from outside the womb. (ii) At this stage, the unborn human being takes on "the human form" in all relevant aspects as stated in Gonzales v. Carhart, 550 U.S. 124, 160 (2007); (3) The United States Supreme Court has recognized that a state has an "important and legitimate interest in protecting the potentiality of human life" in Roe v. Wade, 410 U.S. 113, 162 (1973), and, specifically, that "the state has an interest in protecting the life of the unborn" as discussed in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 873 (1992); (4) (A) The majority of abortion procedures performed after fifteen (15) weeks' gestation are dismemberment abortions as defined by § 20-16-1802 , which are prohibited under the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq. (B) The performance of these types of abortions for nontherapeutic or elective reasons is a barbaric practice that is dangerous for the pregnant woman and demeaning to the medical profession; (5) Most obstetricians and gynecologists practicing in this state do not offer or perform nontherapeutic or elective abortions; (6) (A) According to a 2004 article, abortion can cause significant physical and psychological risks to the pregnant woman that increase with gestational age. (B) Specifically, the relative physical and psychological risks escalate exponentially as gestational age increases in abortions performed after eight (8) weeks' gestation; (7) In the vast majority of uncomplicated pregnancies, the maternal health risks of undergoing an abortion become greater than the risks of carrying a pregnancy to term as the second trimester progresses; (8) In abortions performed after fifteen (15) weeks' gestation, there is a higher risk that a pregnant woman will require a hysterectomy, other reparative surgery, or blood transfusions; and (9) The state has "legitimate interests from the outset of pregnancy in protecting the health of women" as determined by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992), as the "medical, emotional, and psychological consequences of abortion are serious and can be lasting" as stated in H.L. v. Matheson, 450 U.S. 398, 411 (1981).

(1) (A) The United States is one (1) of only seven (7) nations in the world that permits nontherapeutic or elective abortion on request after the twentieth week of gestation. (B) Fully seventy-five percent (75%) of all nations do not permit abortion after twelve (12) weeks' gestation, except to save the life and preserve the physical health of the mother;

(A) The United States is one (1) of only seven (7) nations in the world that permits nontherapeutic or elective abortion on request after the twentieth week of gestation.

(B) Fully seventy-five percent (75%) of all nations do not permit abortion after twelve (12) weeks' gestation, except to save the life and preserve the physical health of the mother;

(2) Medical and other authorities now know more about human prenatal development than ever before, including without limitation: (A) Between five (5) and six (6) weeks' gestation, an unborn human being's heart begins to beat; (B) An unborn human being begins to move about in the womb at approximately eight (8) weeks' gestation; (C) At nine (9) weeks' gestation, all basic physiological functions, buds for teeth, eyes, and external genitalia are present; (D) (i) An unborn human being's vital organs begin to function at ten (10) weeks' gestation. (ii) Hair, fingernails, and toenails begin to form at ten (10) weeks' gestation; (E) (i) At eleven (11) weeks' gestation, an unborn human being's diaphragm develops, which can result in hiccups. (ii) In addition, an unborn human being begins to move about freely in the womb; and (F) (i) At twelve (12) weeks' gestation, an unborn human being can open and close his or her fingers, make sucking motions, and sense stimulation from outside the womb. (ii) At this stage, the unborn human being takes on "the human form" in all relevant aspects as stated in Gonzales v. Carhart, 550 U.S. 124, 160 (2007);

(A) Between five (5) and six (6) weeks' gestation, an unborn human being's heart begins to beat;

(B) An unborn human being begins to move about in the womb at approximately eight (8) weeks' gestation;

(C) At nine (9) weeks' gestation, all basic physiological functions, buds for teeth, eyes, and external genitalia are present;

(D) (i) An unborn human being's vital organs begin to function at ten (10) weeks' gestation. (ii) Hair, fingernails, and toenails begin to form at ten (10) weeks' gestation;

(i) An unborn human being's vital organs begin to function at ten (10) weeks' gestation.

(ii) Hair, fingernails, and toenails begin to form at ten (10) weeks' gestation;

(E) (i) At eleven (11) weeks' gestation, an unborn human being's diaphragm develops, which can result in hiccups. (ii) In addition, an unborn human being begins to move about freely in the womb; and

(i) At eleven (11) weeks' gestation, an unborn human being's diaphragm develops, which can result in hiccups.

(ii) In addition, an unborn human being begins to move about freely in the womb; and

(F) (i) At twelve (12) weeks' gestation, an unborn human being can open and close his or her fingers, make sucking motions, and sense stimulation from outside the womb. (ii) At this stage, the unborn human being takes on "the human form" in all relevant aspects as stated in Gonzales v. Carhart, 550 U.S. 124, 160 (2007);

(i) At twelve (12) weeks' gestation, an unborn human being can open and close his or her fingers, make sucking motions, and sense stimulation from outside the womb.

(ii) At this stage, the unborn human being takes on "the human form" in all relevant aspects as stated in Gonzales v. Carhart, 550 U.S. 124, 160 (2007);

(3) The United States Supreme Court has recognized that a state has an "important and legitimate interest in protecting the potentiality of human life" in Roe v. Wade, 410 U.S. 113, 162 (1973), and, specifically, that "the state has an interest in protecting the life of the unborn" as discussed in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 873 (1992);

(4) (A) The majority of abortion procedures performed after fifteen (15) weeks' gestation are dismemberment abortions as defined by § 20-16-1802 , which are prohibited under the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq. (B) The performance of these types of abortions for nontherapeutic or elective reasons is a barbaric practice that is dangerous for the pregnant woman and demeaning to the medical profession;

(A) The majority of abortion procedures performed after fifteen (15) weeks' gestation are dismemberment abortions as defined by § 20-16-1802 , which are prohibited under the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq.

(B) The performance of these types of abortions for nontherapeutic or elective reasons is a barbaric practice that is dangerous for the pregnant woman and demeaning to the medical profession;

(5) Most obstetricians and gynecologists practicing in this state do not offer or perform nontherapeutic or elective abortions;

(6) (A) According to a 2004 article, abortion can cause significant physical and psychological risks to the pregnant woman that increase with gestational age. (B) Specifically, the relative physical and psychological risks escalate exponentially as gestational age increases in abortions performed after eight (8) weeks' gestation;

(A) According to a 2004 article, abortion can cause significant physical and psychological risks to the pregnant woman that increase with gestational age.

(B) Specifically, the relative physical and psychological risks escalate exponentially as gestational age increases in abortions performed after eight (8) weeks' gestation;

(7) In the vast majority of uncomplicated pregnancies, the maternal health risks of undergoing an abortion become greater than the risks of carrying a pregnancy to term as the second trimester progresses;

(8) In abortions performed after fifteen (15) weeks' gestation, there is a higher risk that a pregnant woman will require a hysterectomy, other reparative surgery, or blood transfusions; and

(9) The state has "legitimate interests from the outset of pregnancy in protecting the health of women" as determined by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992), as the "medical, emotional, and psychological consequences of abortion are serious and can be lasting" as stated in H.L. v. Matheson, 450 U.S. 398, 411 (1981).

(b) It is the intent of the General Assembly to restrict the practice of nontherapeutic or elective abortions to the period up to the eighteenth week of gestation.

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-10-901 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-901
Title
Status: in_force

This subchapter may be known as the "Arkansas Long-Term Care Facility Receivership Law". Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

This subchapter may be known as the "Arkansas Long-Term Care Facility Receivership Law".

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-13-1802 — AR Code / Title 20 / Chapter 13 / Subchapter 18 / Section 20-13-1802
Legislative findings
Status: in_force

The General Assembly finds that: (1) Naloxone is a relatively inexpensive opioid antagonist developed to counter the effects of opiate overdose, specifically the life-threatening depression of the central nervous and respiratory systems; (2) Naloxone will not adversely affect the human body if the person who receives Naloxone is suffering from an overdose of a drug that is not an opioid; (3) Naloxone is clinically administered via intramuscular, intravenous, or subcutaneous injection; (4) Naloxone is administered outside of a clinical setting or facility intranasally via a nasal atomizer, similar to the use of a common, over-the-counter anticongestion nasal spray; (5) The American Medical Association has supported the lay administration of this lifesaving drug since 2012; (6) Similar Naloxone access laws have reversed more than ten thousand (10,000) opioid overdoses by lay people in other states; (7) The American Medical Association has acknowledged that more must be done to prevent these unnecessary opioid overdose fatalities that devastate families and communities; (8) The National Institutes of Health have found that Naloxone lacks any addictive qualities that could lead to potential abuse and that medical side effects or unintended consequences associated with the drug have not been reported; and (9) Any administration of Naloxone to an individual experiencing an opioid overdose must be followed by professional medical attention and treatment. Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.

The General Assembly finds that:

(1) Naloxone is a relatively inexpensive opioid antagonist developed to counter the effects of opiate overdose, specifically the life-threatening depression of the central nervous and respiratory systems;

(2) Naloxone will not adversely affect the human body if the person who receives Naloxone is suffering from an overdose of a drug that is not an opioid;

(3) Naloxone is clinically administered via intramuscular, intravenous, or subcutaneous injection;

(4) Naloxone is administered outside of a clinical setting or facility intranasally via a nasal atomizer, similar to the use of a common, over-the-counter anticongestion nasal spray;

(5) The American Medical Association has supported the lay administration of this lifesaving drug since 2012;

(6) Similar Naloxone access laws have reversed more than ten thousand (10,000) opioid overdoses by lay people in other states;

(7) The American Medical Association has acknowledged that more must be done to prevent these unnecessary opioid overdose fatalities that devastate families and communities;

(8) The National Institutes of Health have found that Naloxone lacks any addictive qualities that could lead to potential abuse and that medical side effects or unintended consequences associated with the drug have not been reported; and

(9) Any administration of Naloxone to an individual experiencing an opioid overdose must be followed by professional medical attention and treatment.

Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.