Ark. Code Ann. § 20-16-2504 — AR Code / Title 20 / Chapter 16 / Subchapter 25 / Section 20-16-2504
Individual reporting - Aggregate reporting
Status: in_force

(a) (1) A healthcare provider or healthcare facility shall submit an individual reporting form to the Department of Health within fifteen (15) days after each month's end. (2) The healthcare provider shall sign each individual reporting form. (b) (1) A report submitted as described in subsection (a) of this section is not a public record and shall remain confidential except that a disclosure may be made to law enforcement officials upon an order of a court after an application showing good cause. (2) The court may condition disclosure of information upon any appropriate safeguards the court may impose. (c) The department shall prepare an individual reporting form, which shall include the following information: (1) The date of the chemical abortion; (2) The specific chemical abortion regimen used; (3) The probable gestational age of the unborn child; (4) The age of the pregnant woman at the time the chemical abortion was performed or induced; (5) The pregnant woman's state and county of residence; (6) Whether, before seeking a chemical abortion, the pregnant woman received any other verbal or written counseling related to potential risks or complications and alternatives to a chemical abortion; (7) The specific reason for the chemical abortion, including without limitation: (A) The pregnancy is the result of rape or incest; (B) Economic reasons; (C) The pregnant woman does not want a pregnancy or child at this time; (D) The pregnant woman's physical health is endangered, specifically identifying the reason her physical health is endangered, including any preexisting condition; (E) The pregnant woman's psychological, mental, or emotional health is endangered, specifically identifying the reason her psychological, mental, or emotional health is endangered, including any preexisting condition; (F) The pregnant woman will suffer substantial and irreversible impairment of a major bodily function if the pregnancy continues, specifically identifying the potential impairment; (G) The diagnosis, presence, or presumed presence of a genetic anomaly, specifically identifying the anomaly; or (H) Refusal of the pregnant woman to answer; (8) The number of prior pregnancies, live births, induced abortions, and spontaneous abortions of the pregnant woman; (9) Whether the chemical abortion was paid for by: (A) Private health coverage; (B) Public assistance health coverage; or (C) Self-pay; and (10) Complications, if any and whenever known, from the chemical abortion. (d) (1) A healthcare facility in which a chemical abortion is performed during any quarter year shall file with the department a report showing the total number of chemical abortions performed in the facility during that quarter year. (2) The aggregate report shall include the total number of chemical abortions performed in each trimester of pregnancy. (3) The department shall prepare an aggregate reporting form. (e) The reporting forms under this section shall not contain: (1) The name of the pregnant woman; (2) Common identifiers of the pregnant woman, including her Social Security number or her driver's license number; or (3) Any other information that would make it possible to identify the pregnant woman. (f) (1) The department shall report comprehensive annual statistical data based upon data gathered from the reports under this section to the General Assembly. (2) The annual report shall not disclose or lead to the disclosure of the identity of any healthcare provider or person filing a report under this section or of any woman who is the subject of a report. (3) The annual report shall be made available to the public in a downloadable format on the department's website. (g) (1) The department shall summarize the data collected from the reports required by this section and submit the summary to the Centers for Medicare & Medicaid Services. (2) The summary shall be made available to the public in a downloadable format on the department's website. (h) This section does not preclude the voluntary or required submission of other reports or forms regarding chemical abortion. Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.

(a) (1) A healthcare provider or healthcare facility shall submit an individual reporting form to the Department of Health within fifteen (15) days after each month's end. (2) The healthcare provider shall sign each individual reporting form.

(1) A healthcare provider or healthcare facility shall submit an individual reporting form to the Department of Health within fifteen (15) days after each month's end.

(2) The healthcare provider shall sign each individual reporting form.

(b) (1) A report submitted as described in subsection (a) of this section is not a public record and shall remain confidential except that a disclosure may be made to law enforcement officials upon an order of a court after an application showing good cause. (2) The court may condition disclosure of information upon any appropriate safeguards the court may impose.

(1) A report submitted as described in subsection (a) of this section is not a public record and shall remain confidential except that a disclosure may be made to law enforcement officials upon an order of a court after an application showing good cause.

(2) The court may condition disclosure of information upon any appropriate safeguards the court may impose.

(c) The department shall prepare an individual reporting form, which shall include the following information: (1) The date of the chemical abortion; (2) The specific chemical abortion regimen used; (3) The probable gestational age of the unborn child; (4) The age of the pregnant woman at the time the chemical abortion was performed or induced; (5) The pregnant woman's state and county of residence; (6) Whether, before seeking a chemical abortion, the pregnant woman received any other verbal or written counseling related to potential risks or complications and alternatives to a chemical abortion; (7) The specific reason for the chemical abortion, including without limitation: (A) The pregnancy is the result of rape or incest; (B) Economic reasons; (C) The pregnant woman does not want a pregnancy or child at this time; (D) The pregnant woman's physical health is endangered, specifically identifying the reason her physical health is endangered, including any preexisting condition; (E) The pregnant woman's psychological, mental, or emotional health is endangered, specifically identifying the reason her psychological, mental, or emotional health is endangered, including any preexisting condition; (F) The pregnant woman will suffer substantial and irreversible impairment of a major bodily function if the pregnancy continues, specifically identifying the potential impairment; (G) The diagnosis, presence, or presumed presence of a genetic anomaly, specifically identifying the anomaly; or (H) Refusal of the pregnant woman to answer; (8) The number of prior pregnancies, live births, induced abortions, and spontaneous abortions of the pregnant woman; (9) Whether the chemical abortion was paid for by: (A) Private health coverage; (B) Public assistance health coverage; or (C) Self-pay; and (10) Complications, if any and whenever known, from the chemical abortion.

(1) The date of the chemical abortion;

(2) The specific chemical abortion regimen used;

(3) The probable gestational age of the unborn child;

(4) The age of the pregnant woman at the time the chemical abortion was performed or induced;

(5) The pregnant woman's state and county of residence;

(6) Whether, before seeking a chemical abortion, the pregnant woman received any other verbal or written counseling related to potential risks or complications and alternatives to a chemical abortion;

(7) The specific reason for the chemical abortion, including without limitation: (A) The pregnancy is the result of rape or incest; (B) Economic reasons; (C) The pregnant woman does not want a pregnancy or child at this time; (D) The pregnant woman's physical health is endangered, specifically identifying the reason her physical health is endangered, including any preexisting condition; (E) The pregnant woman's psychological, mental, or emotional health is endangered, specifically identifying the reason her psychological, mental, or emotional health is endangered, including any preexisting condition; (F) The pregnant woman will suffer substantial and irreversible impairment of a major bodily function if the pregnancy continues, specifically identifying the potential impairment; (G) The diagnosis, presence, or presumed presence of a genetic anomaly, specifically identifying the anomaly; or (H) Refusal of the pregnant woman to answer;

(A) The pregnancy is the result of rape or incest;

(B) Economic reasons;

(C) The pregnant woman does not want a pregnancy or child at this time;

(D) The pregnant woman's physical health is endangered, specifically identifying the reason her physical health is endangered, including any preexisting condition;

(E) The pregnant woman's psychological, mental, or emotional health is endangered, specifically identifying the reason her psychological, mental, or emotional health is endangered, including any preexisting condition;

(F) The pregnant woman will suffer substantial and irreversible impairment of a major bodily function if the pregnancy continues, specifically identifying the potential impairment;

(G) The diagnosis, presence, or presumed presence of a genetic anomaly, specifically identifying the anomaly; or

(H) Refusal of the pregnant woman to answer;

(8) The number of prior pregnancies, live births, induced abortions, and spontaneous abortions of the pregnant woman;

(9) Whether the chemical abortion was paid for by: (A) Private health coverage; (B) Public assistance health coverage; or (C) Self-pay; and

(A) Private health coverage;

(B) Public assistance health coverage; or

(C) Self-pay; and

(10) Complications, if any and whenever known, from the chemical abortion.

(d) (1) A healthcare facility in which a chemical abortion is performed during any quarter year shall file with the department a report showing the total number of chemical abortions performed in the facility during that quarter year. (2) The aggregate report shall include the total number of chemical abortions performed in each trimester of pregnancy. (3) The department shall prepare an aggregate reporting form.

(1) A healthcare facility in which a chemical abortion is performed during any quarter year shall file with the department a report showing the total number of chemical abortions performed in the facility during that quarter year.

(2) The aggregate report shall include the total number of chemical abortions performed in each trimester of pregnancy.

(3) The department shall prepare an aggregate reporting form.

(e) The reporting forms under this section shall not contain: (1) The name of the pregnant woman; (2) Common identifiers of the pregnant woman, including her Social Security number or her driver's license number; or (3) Any other information that would make it possible to identify the pregnant woman.

(1) The name of the pregnant woman;

(2) Common identifiers of the pregnant woman, including her Social Security number or her driver's license number; or

(3) Any other information that would make it possible to identify the pregnant woman.

(f) (1) The department shall report comprehensive annual statistical data based upon data gathered from the reports under this section to the General Assembly. (2) The annual report shall not disclose or lead to the disclosure of the identity of any healthcare provider or person filing a report under this section or of any woman who is the subject of a report. (3) The annual report shall be made available to the public in a downloadable format on the department's website.

(1) The department shall report comprehensive annual statistical data based upon data gathered from the reports under this section to the General Assembly.

(2) The annual report shall not disclose or lead to the disclosure of the identity of any healthcare provider or person filing a report under this section or of any woman who is the subject of a report.

(3) The annual report shall be made available to the public in a downloadable format on the department's website.

(g) (1) The department shall summarize the data collected from the reports required by this section and submit the summary to the Centers for Medicare & Medicaid Services. (2) The summary shall be made available to the public in a downloadable format on the department's website.

(1) The department shall summarize the data collected from the reports required by this section and submit the summary to the Centers for Medicare & Medicaid Services.

(2) The summary shall be made available to the public in a downloadable format on the department's website.

(h) This section does not preclude the voluntary or required submission of other reports or forms regarding chemical abortion.

Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-86-102 — AR Code / Title 20 / Chapter 86 / Section 20-86-102
Declaration
Status: in_force

The General Assembly hereby finds that: (1) Americans of most economic classes are having increasing difficulty climbing the economic ladder. Fully half of all Americans have negligible or no investable assets just as the price of entry to the economic mainstream such as the cost of a house, starting a business, obtaining an adequate education, establishing a retirement account, or purchasing an automobile is increasing; (2) Economic well-being does not come solely from income, spending, and consumption but also requires savings, investment, and accumulation of assets, since assets can improve economic stability, connect people to a viable and hopeful future, stimulate development of human and other capital, enable people to focus and specialize, yield personal and social dividends, and enhance the welfare of offspring; (3) There is an urgent need for new means for Americans to navigate the labor market and to provide incentives and means for employment, upgrading, mobility, and retention; (4) The household savings rate of the United States lags far behind other industrial nations, presenting a barrier to economic growth. The State of Arkansas should develop policies such as individual development accounts that promote higher rates of personal savings and net private domestic investment; (5) In the current fiscal environment, the State of Arkansas should invest existing resources in high-yielding initiatives. There is reason to believe that the financial returns, including increased income, tax revenue, and decreased welfare cash assistance, of individual development accounts will far exceed the cost of investment; (6) Hundreds of thousands of Arkansans continue to live in poverty. Poverty is a loss of human resources, an assault on human dignity, and a drain on social and fiscal resources of this state. Traditional public assistance programs concentrating on income and consumption have rarely been successful in promoting and supporting the transition to economic self-sufficiency; and (7) Income-based social policy should be complemented with asset-based social policy because while income-based policies ensure that consumption needs, including food, child care, rent, clothing, and health care are met, asset-based policies provide the means to achieve economic self-sufficiency and to climb the economic ladder. Acts 1999, No. 1217, § 3.

The General Assembly hereby finds that:

(1) Americans of most economic classes are having increasing difficulty climbing the economic ladder. Fully half of all Americans have negligible or no investable assets just as the price of entry to the economic mainstream such as the cost of a house, starting a business, obtaining an adequate education, establishing a retirement account, or purchasing an automobile is increasing;

(2) Economic well-being does not come solely from income, spending, and consumption but also requires savings, investment, and accumulation of assets, since assets can improve economic stability, connect people to a viable and hopeful future, stimulate development of human and other capital, enable people to focus and specialize, yield personal and social dividends, and enhance the welfare of offspring;

(3) There is an urgent need for new means for Americans to navigate the labor market and to provide incentives and means for employment, upgrading, mobility, and retention;

(4) The household savings rate of the United States lags far behind other industrial nations, presenting a barrier to economic growth. The State of Arkansas should develop policies such as individual development accounts that promote higher rates of personal savings and net private domestic investment;

(5) In the current fiscal environment, the State of Arkansas should invest existing resources in high-yielding initiatives. There is reason to believe that the financial returns, including increased income, tax revenue, and decreased welfare cash assistance, of individual development accounts will far exceed the cost of investment;

(6) Hundreds of thousands of Arkansans continue to live in poverty. Poverty is a loss of human resources, an assault on human dignity, and a drain on social and fiscal resources of this state. Traditional public assistance programs concentrating on income and consumption have rarely been successful in promoting and supporting the transition to economic self-sufficiency; and

(7) Income-based social policy should be complemented with asset-based social policy because while income-based policies ensure that consumption needs, including food, child care, rent, clothing, and health care are met, asset-based policies provide the means to achieve economic self-sufficiency and to climb the economic ladder.

Acts 1999, No. 1217, § 3.
Ark. Code Ann. § 20-77-1714 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1714
Hospital claims
Status: in_force

(a) When more than one (1) hospital provides services to a recipient and the amount of claims exceeds the recipient's benefit limit, then the hospitals are entitled to reimbursement based on the earliest date of service. (b) If the claims have been paid by Medicaid contrary to this provision and voluntary coordination among the hospitals involved does not resolve the matter, then the hospitals shall resort to mediation or arbitration at the hospitals' expense. Acts 2005, No. 1758, § 1; 2007, No. 596, § 6.

(a) When more than one (1) hospital provides services to a recipient and the amount of claims exceeds the recipient's benefit limit, then the hospitals are entitled to reimbursement based on the earliest date of service.

(b) If the claims have been paid by Medicaid contrary to this provision and voluntary coordination among the hospitals involved does not resolve the matter, then the hospitals shall resort to mediation or arbitration at the hospitals' expense.

Acts 2005, No. 1758, § 1; 2007, No. 596, § 6.
Ark. Code Ann. § 20-38-108 — AR Code / Title 20 / Chapter 38 / Section 20-38-108
Duties of Identification Bureau of the Department of Arkansas State Police
Status: in_force

(a) The Identification Bureau of the Department of Arkansas State Police shall make reasonable efforts to respond immediately to requests for state criminal history records checks and to respond to requests for national criminal history records checks within ten (10) calendar days after the receipt of a national criminal history records check from the Federal Bureau of Investigation. (b) Upon completion of a criminal history records check, the Identification Bureau of the Department of Arkansas State Police shall forward all information obtained concerning the applicant or employee to the Arkansas Crime Information Center. Acts 2009, No. 762, § 4.

(a) The Identification Bureau of the Department of Arkansas State Police shall make reasonable efforts to respond immediately to requests for state criminal history records checks and to respond to requests for national criminal history records checks within ten (10) calendar days after the receipt of a national criminal history records check from the Federal Bureau of Investigation.

(b) Upon completion of a criminal history records check, the Identification Bureau of the Department of Arkansas State Police shall forward all information obtained concerning the applicant or employee to the Arkansas Crime Information Center.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-15-1002 — AR Code / Title 20 / Chapter 15 / Subchapter 10 / Section 20-15-1002
Definitions
Status: in_force

As used in this subchapter: (1) "Accreditation body" means a body that has been approved by the United States Secretary of Health and Human Services to accredit mammography facilities under the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 ); (2) "Diagnostic mammography" means a problem-solving radiologic procedure of higher intensity than screening mammography provided to a woman who is suspected of having breast pathology. A patient is usually referred for analysis of palpable abnormalities or for further evaluation of mammographically detected abnormalities. All images are immediately reviewed by the physician interpreting the study, and additional views are obtained as needed. A physical examination of the breast by the interpreting physician to correlate the radiologic findings is often performed as part of the study; (3) "Mammography" means radiography of the breast; and (4) "Screening mammography" means a radiologic procedure provided to a woman who has no signs or symptoms of breast cancer for the purpose of early detection of breast cancer. The procedure entails two (2) views of each breast and includes a physician's interpretation of the results of the procedure. Amended by Act 2013, No. 1132,§ 12, eff. 8/16/2013. Acts 1989, No. 292, § 2; 1995, No. 508, § 1.

As used in this subchapter:

(1) "Accreditation body" means a body that has been approved by the United States Secretary of Health and Human Services to accredit mammography facilities under the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539 ( 21 C.F.R. Part 900 );

(2) "Diagnostic mammography" means a problem-solving radiologic procedure of higher intensity than screening mammography provided to a woman who is suspected of having breast pathology. A patient is usually referred for analysis of palpable abnormalities or for further evaluation of mammographically detected abnormalities. All images are immediately reviewed by the physician interpreting the study, and additional views are obtained as needed. A physical examination of the breast by the interpreting physician to correlate the radiologic findings is often performed as part of the study;

(3) "Mammography" means radiography of the breast; and

(4) "Screening mammography" means a radiologic procedure provided to a woman who has no signs or symptoms of breast cancer for the purpose of early detection of breast cancer. The procedure entails two (2) views of each breast and includes a physician's interpretation of the results of the procedure.

Amended by Act 2013, No. 1132,§ 12, eff. 8/16/2013.

Acts 1989, No. 292, § 2; 1995, No. 508, § 1.
Ark. Code Ann. § 20-58-213 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-213
Possessor of eggs deemed owner - Exceptions
Status: in_force

All eggs shall be considered the property of the person in whose possession they are found except those in the custody of common carriers or a public warehouse where the owner is identified by record. Acts 1969, No. 220, § 5; A.S.A. 1947, § 82-1305.

All eggs shall be considered the property of the person in whose possession they are found except those in the custody of common carriers or a public warehouse where the owner is identified by record.

Acts 1969, No. 220, § 5; A.S.A. 1947, § 82-1305.
Ark. Code Ann. § 20-7-305 — AR Code / Title 20 / Chapter 7 / Subchapter 3 / Section 20-7-305
State Board of Health to prescribe rules - Data collected not subject to discovery
Status: in_force

(a) The State Board of Health shall prescribe and enforce such rules as may be necessary to carry out this subchapter, including the manner in which data are collected, maintained, compiled, and disseminated, and including such rules as may be necessary to promote and protect the confidentiality of data reported under this subchapter. (b) Data provided, collected, or disseminated under this subchapter which identifies, or could be used to identify, any individual patient, provider, institution, or health plan shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq. (c) (1) (A) The Department of Human Services may provide data only for purposes of research and aggregate statistical reporting to the Arkansas Center for Health Improvement, the United States Agency for Healthcare Research and Quality for its Healthcare Cost and Utilization Project, or other researchers for research projects approved by the Department of Health under rules promulgated by the State Board of Health that provide for appropriate security and confidentiality protections for the data. (B) The Department of Human Services also shall provide data to the Arkansas Hospital Association, Inc. for its price transparency and consumer-driven healthcare project that will make price and quality information about Arkansas hospitals available to the general public. (2) The data shall be treated in a manner consistent with all state and federal privacy requirements, including, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 privacy rule, specifically 45 C.F.R. § 164.512(i) . (3) Any identifiable data provided, collected, or disseminated under this subsection shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq. (d) It shall be unlawful for the hospital or outpatient surgery center to release any patient-identifying information to any nongovernmental third party. Amended by Act 2019, No. 315,§ 1821, eff. 7/24/2019. Acts 1995, No. 670, § 2; 2005, No. 1434, § 1; 2007, No. 616, § 1.

(a) The State Board of Health shall prescribe and enforce such rules as may be necessary to carry out this subchapter, including the manner in which data are collected, maintained, compiled, and disseminated, and including such rules as may be necessary to promote and protect the confidentiality of data reported under this subchapter.

(b) Data provided, collected, or disseminated under this subchapter which identifies, or could be used to identify, any individual patient, provider, institution, or health plan shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq.

(c) (1) (A) The Department of Human Services may provide data only for purposes of research and aggregate statistical reporting to the Arkansas Center for Health Improvement, the United States Agency for Healthcare Research and Quality for its Healthcare Cost and Utilization Project, or other researchers for research projects approved by the Department of Health under rules promulgated by the State Board of Health that provide for appropriate security and confidentiality protections for the data. (B) The Department of Human Services also shall provide data to the Arkansas Hospital Association, Inc. for its price transparency and consumer-driven healthcare project that will make price and quality information about Arkansas hospitals available to the general public. (2) The data shall be treated in a manner consistent with all state and federal privacy requirements, including, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 privacy rule, specifically 45 C.F.R. § 164.512(i) . (3) Any identifiable data provided, collected, or disseminated under this subsection shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) (A) The Department of Human Services may provide data only for purposes of research and aggregate statistical reporting to the Arkansas Center for Health Improvement, the United States Agency for Healthcare Research and Quality for its Healthcare Cost and Utilization Project, or other researchers for research projects approved by the Department of Health under rules promulgated by the State Board of Health that provide for appropriate security and confidentiality protections for the data. (B) The Department of Human Services also shall provide data to the Arkansas Hospital Association, Inc. for its price transparency and consumer-driven healthcare project that will make price and quality information about Arkansas hospitals available to the general public.

(A) The Department of Human Services may provide data only for purposes of research and aggregate statistical reporting to the Arkansas Center for Health Improvement, the United States Agency for Healthcare Research and Quality for its Healthcare Cost and Utilization Project, or other researchers for research projects approved by the Department of Health under rules promulgated by the State Board of Health that provide for appropriate security and confidentiality protections for the data.

(B) The Department of Human Services also shall provide data to the Arkansas Hospital Association, Inc. for its price transparency and consumer-driven healthcare project that will make price and quality information about Arkansas hospitals available to the general public.

(2) The data shall be treated in a manner consistent with all state and federal privacy requirements, including, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 privacy rule, specifically 45 C.F.R. § 164.512(i) .

(3) Any identifiable data provided, collected, or disseminated under this subsection shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq.

(d) It shall be unlawful for the hospital or outpatient surgery center to release any patient-identifying information to any nongovernmental third party.

Amended by Act 2019, No. 315,§ 1821, eff. 7/24/2019.

Acts 1995, No. 670, § 2; 2005, No. 1434, § 1; 2007, No. 616, § 1.
Ark. Code Ann. § 20-23-102 — AR Code / Title 20 / Chapter 23 / Subchapter 1 / Section 20-23-102
Exceptions
Status: in_force

(a) The provisions of this chapter shall not apply to: (1) Inspection and installation permit requirements on air storage vessels located in service stations and garages; (2) Air tanks of twelve gallons (12 gals.) or less containing one hundred fifty pounds per square inch (150 psi) or less; (3) Boilers and unfired pressure vessels which are under the inspection regulations of the United States Surface Transportation Board; (4) Boilers and unfired pressure vessels used for domestic purposes in private residences and apartment houses of eight (8) or fewer apartments; (5) Unfired pressure vessels, other than air tanks or vessels listed in subdivisions (a)(1)-(4) of this section, where the maximum allowable working pressure is fifteen pounds per square inch (15 psi) or less or a volume of five cubic feet (5 cu. ft.) or less, coil-type steam generators without accumulative drum, or vessels used in connection with or the storage of liquefied petroleum gases. However, all such unfired pressure vessels shall be constructed in compliance with the appropriate regulations, or rules applicable thereto; (6) Hot water heaters under two hundred thousand British thermal units (200,000 Btu), except those heaters located in hospitals, schools, daycare centers, and nursing homes; (7) Hot water supply storage tanks which are heated by steam or any other direct or indirect means when heat input is less than two hundred thousand British thermal units per hour (200,000 Btu/hr.), when water temperature is less than two hundred ten degrees Fahrenheit (210° F), and when the vessel has a nominal water-containing capacity of less than one hundred twenty gallons (120 gals.); (8) Pressure vessels which are an integral part of: (A) Components of rotating or reciprocating mechanical devices and hydraulic or pneumatic cylinders where the primary design considerations and stress are derived from the functional requirements of the device; or (B) The structure and have a primary function of transporting fluids from one (1) location to another within a system; and (9) Vessels with a nominal water-containing capacity of one hundred twenty gallons (120 gals.) or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion. (b) This chapter shall not apply to inspection, installation permit requirements, or regulation of boilers and unfired pressure vessels used in connection with the production, distribution, storage, or transmission of oil, natural gas, or casinghead gas. Amended by Act 2019, No. 315,§ 2048, eff. 7/24/2019. Acts 1961, No. 494, § 9; 1963, No. 100, § 1; 1965, No. 549, § 1; 1983, No. 516, § 1; A.S.A. 1947, § 81-509; Acts 1999, No. 982, § 2.

(a) The provisions of this chapter shall not apply to: (1) Inspection and installation permit requirements on air storage vessels located in service stations and garages; (2) Air tanks of twelve gallons (12 gals.) or less containing one hundred fifty pounds per square inch (150 psi) or less; (3) Boilers and unfired pressure vessels which are under the inspection regulations of the United States Surface Transportation Board; (4) Boilers and unfired pressure vessels used for domestic purposes in private residences and apartment houses of eight (8) or fewer apartments; (5) Unfired pressure vessels, other than air tanks or vessels listed in subdivisions (a)(1)-(4) of this section, where the maximum allowable working pressure is fifteen pounds per square inch (15 psi) or less or a volume of five cubic feet (5 cu. ft.) or less, coil-type steam generators without accumulative drum, or vessels used in connection with or the storage of liquefied petroleum gases. However, all such unfired pressure vessels shall be constructed in compliance with the appropriate regulations, or rules applicable thereto; (6) Hot water heaters under two hundred thousand British thermal units (200,000 Btu), except those heaters located in hospitals, schools, daycare centers, and nursing homes; (7) Hot water supply storage tanks which are heated by steam or any other direct or indirect means when heat input is less than two hundred thousand British thermal units per hour (200,000 Btu/hr.), when water temperature is less than two hundred ten degrees Fahrenheit (210° F), and when the vessel has a nominal water-containing capacity of less than one hundred twenty gallons (120 gals.); (8) Pressure vessels which are an integral part of: (A) Components of rotating or reciprocating mechanical devices and hydraulic or pneumatic cylinders where the primary design considerations and stress are derived from the functional requirements of the device; or (B) The structure and have a primary function of transporting fluids from one (1) location to another within a system; and (9) Vessels with a nominal water-containing capacity of one hundred twenty gallons (120 gals.) or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion.

(1) Inspection and installation permit requirements on air storage vessels located in service stations and garages;

(2) Air tanks of twelve gallons (12 gals.) or less containing one hundred fifty pounds per square inch (150 psi) or less;

(3) Boilers and unfired pressure vessels which are under the inspection regulations of the United States Surface Transportation Board;

(4) Boilers and unfired pressure vessels used for domestic purposes in private residences and apartment houses of eight (8) or fewer apartments;

(5) Unfired pressure vessels, other than air tanks or vessels listed in subdivisions (a)(1)-(4) of this section, where the maximum allowable working pressure is fifteen pounds per square inch (15 psi) or less or a volume of five cubic feet (5 cu. ft.) or less, coil-type steam generators without accumulative drum, or vessels used in connection with or the storage of liquefied petroleum gases. However, all such unfired pressure vessels shall be constructed in compliance with the appropriate regulations, or rules applicable thereto;

(6) Hot water heaters under two hundred thousand British thermal units (200,000 Btu), except those heaters located in hospitals, schools, daycare centers, and nursing homes;

(7) Hot water supply storage tanks which are heated by steam or any other direct or indirect means when heat input is less than two hundred thousand British thermal units per hour (200,000 Btu/hr.), when water temperature is less than two hundred ten degrees Fahrenheit (210° F), and when the vessel has a nominal water-containing capacity of less than one hundred twenty gallons (120 gals.);

(8) Pressure vessels which are an integral part of: (A) Components of rotating or reciprocating mechanical devices and hydraulic or pneumatic cylinders where the primary design considerations and stress are derived from the functional requirements of the device; or (B) The structure and have a primary function of transporting fluids from one (1) location to another within a system; and

(A) Components of rotating or reciprocating mechanical devices and hydraulic or pneumatic cylinders where the primary design considerations and stress are derived from the functional requirements of the device; or

(B) The structure and have a primary function of transporting fluids from one (1) location to another within a system; and

(9) Vessels with a nominal water-containing capacity of one hundred twenty gallons (120 gals.) or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion.

(b) This chapter shall not apply to inspection, installation permit requirements, or regulation of boilers and unfired pressure vessels used in connection with the production, distribution, storage, or transmission of oil, natural gas, or casinghead gas.

Amended by Act 2019, No. 315,§ 2048, eff. 7/24/2019.

Acts 1961, No. 494, § 9; 1963, No. 100, § 1; 1965, No. 549, § 1; 1983, No. 516, § 1; A.S.A. 1947, § 81-509; Acts 1999, No. 982, § 2.
Ark. Code Ann. § 20-17-202 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-202
Declaration relating to use of life-sustaining treatment
Status: in_force

(a) (1) An individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by two (2) individuals. (2) A declaration executed under this section before July 1, 2017, is valid if the declaration substantially complies with subdivision (a)(1) of this section. (3) A declaration executed under this section on and after July 1, 2017, is valid if the declaration document: (A) Is notarized but does not have two (2) witnesses; or (B) Satisfies the requirements of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (b) A declaration may be, but need not be, in the following form in the case where the patient has a terminal condition: Click here to view form. (c) A declaration may be, but need not be, in the following form in the case where the patient is permanently unconscious: Click here to view form. (d) A physician or other healthcare provider who is furnished a copy of the declaration shall make it a part of the declarant's medical record. (e) In the case of a qualified patient, the patient's healthcare proxy, in consultation with the attending physician, shall have the authority to make treatment decisions for the patient, including the withholding or withdrawal of life-sustaining procedures. (f) A declaration executed by a qualified individual shall be clear and convincing evidence of his or her wishes, but clear and convincing evidence of an individual's wishes is not limited to the declarations under this section. (g) (1) The directives concerning nutrition and hydration contained in subsections (b) and (c) of this section shall apply only to declarations executed on and after July 16, 2003. (2) All declarations executed before that date shall remain in full force and effect, and the provisions of subsections (b) and (c) of this section pertaining to hydration and nutrition shall not be applied in the interpretation or construction of any such declaration, nor shall they be applied to in any way invalidate any such declaration or to otherwise limit the directives, powers, and authority granted under any such declaration. Amended by Act 2017, No. 974,§ 5, eff. 8/1/2017. Acts 1987, No. 713, § 2; 1999, No. 1536, § 2; 2003, No. 1322, §§ 3, 4.

(a) (1) An individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by two (2) individuals. (2) A declaration executed under this section before July 1, 2017, is valid if the declaration substantially complies with subdivision (a)(1) of this section. (3) A declaration executed under this section on and after July 1, 2017, is valid if the declaration document: (A) Is notarized but does not have two (2) witnesses; or (B) Satisfies the requirements of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq.

(1) An individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by two (2) individuals.

(2) A declaration executed under this section before July 1, 2017, is valid if the declaration substantially complies with subdivision (a)(1) of this section.

(3) A declaration executed under this section on and after July 1, 2017, is valid if the declaration document: (A) Is notarized but does not have two (2) witnesses; or (B) Satisfies the requirements of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq.

(A) Is notarized but does not have two (2) witnesses; or

(B) Satisfies the requirements of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq.

(b) A declaration may be, but need not be, in the following form in the case where the patient has a terminal condition: Click here to view form.

Click here to view form.

(c) A declaration may be, but need not be, in the following form in the case where the patient is permanently unconscious: Click here to view form.

Click here to view form.

(d) A physician or other healthcare provider who is furnished a copy of the declaration shall make it a part of the declarant's medical record.

(e) In the case of a qualified patient, the patient's healthcare proxy, in consultation with the attending physician, shall have the authority to make treatment decisions for the patient, including the withholding or withdrawal of life-sustaining procedures.

(f) A declaration executed by a qualified individual shall be clear and convincing evidence of his or her wishes, but clear and convincing evidence of an individual's wishes is not limited to the declarations under this section.

(g) (1) The directives concerning nutrition and hydration contained in subsections (b) and (c) of this section shall apply only to declarations executed on and after July 16, 2003. (2) All declarations executed before that date shall remain in full force and effect, and the provisions of subsections (b) and (c) of this section pertaining to hydration and nutrition shall not be applied in the interpretation or construction of any such declaration, nor shall they be applied to in any way invalidate any such declaration or to otherwise limit the directives, powers, and authority granted under any such declaration.

(1) The directives concerning nutrition and hydration contained in subsections (b) and (c) of this section shall apply only to declarations executed on and after July 16, 2003.

(2) All declarations executed before that date shall remain in full force and effect, and the provisions of subsections (b) and (c) of this section pertaining to hydration and nutrition shall not be applied in the interpretation or construction of any such declaration, nor shall they be applied to in any way invalidate any such declaration or to otherwise limit the directives, powers, and authority granted under any such declaration.

Amended by Act 2017, No. 974,§ 5, eff. 8/1/2017.

Acts 1987, No. 713, § 2; 1999, No. 1536, § 2; 2003, No. 1322, §§ 3, 4.

17_202_1 - Attachment

17_202_2 - Attachment
Ark. Code Ann. § 20-24-113 — AR Code / Title 20 / Chapter 24 / Section 20-24-113
Report of inspection
Status: in_force

(a) (1) A report of every required inspection or safety test shall be filed with the Department of Labor and Licensing or its authorized representative by the inspector making the inspection or witnessing the test on a form approved by the department or its authorized representative within thirty (30) days after the inspection or test has been completed. (2) For the inspections required by § 20-24-112(a)(2) , the report shall include all information required by the department in order to determine whether the owner or lessee of the elevator, escalator, or dumbwaiter has complied with rules adopted by the Elevator Safety Board under § 20-24-107(a) and (b) that are applicable. (3) For the inspection required by § 20-24-112(a)(1) , the report shall indicate whether the elevator, dumbwaiter, or escalator has been installed in accordance with the detailed plans and specifications approved by the department or its authorized representative under § 20-24-115(d) and (e) and meets the requirements of the applicable rules adopted by the board under § 20-24-107(a) and (b) . (b) If the report required by subsection (a) of this section is not filed within thirty (30) days after the final date when the elevator, dumbwaiter, or escalator should have been inspected as required by § 20-24-112(a)(2) or § 20-24-112(a)(3) , the department shall designate a licensed inspector in its employ to make the inspection and report required by subsection (a) of this section. (c) (1) For each inspection and report made at the direction of the department, the owner, lessee, or insurance company responsible for the report of inspection shall pay to the department a fee of three hundred fifty dollars ($350), unless otherwise provided by the board. (2) The fee shall be paid directly to the department and shall be the only fees or charges for which the owner, lessee, or insurance company shall be liable for the inspection required by § 20-24-112(a) . Amended by Act 2019, No. 910,§ 5477, eff. 7/1/2019. Amended by Act 2017, No. 968,§ 5, eff. 8/1/2017. Acts 1963, No. 189, § 5; 1965, No. 72, § 2; 1969, No. 337, § 1; 1977, No. 539, § 2; A.S.A. 1947, § 82-1805; Acts 2003, No. 360, § 1.

(a) (1) A report of every required inspection or safety test shall be filed with the Department of Labor and Licensing or its authorized representative by the inspector making the inspection or witnessing the test on a form approved by the department or its authorized representative within thirty (30) days after the inspection or test has been completed. (2) For the inspections required by § 20-24-112(a)(2) , the report shall include all information required by the department in order to determine whether the owner or lessee of the elevator, escalator, or dumbwaiter has complied with rules adopted by the Elevator Safety Board under § 20-24-107(a) and (b) that are applicable. (3) For the inspection required by § 20-24-112(a)(1) , the report shall indicate whether the elevator, dumbwaiter, or escalator has been installed in accordance with the detailed plans and specifications approved by the department or its authorized representative under § 20-24-115(d) and (e) and meets the requirements of the applicable rules adopted by the board under § 20-24-107(a) and (b) .

(1) A report of every required inspection or safety test shall be filed with the Department of Labor and Licensing or its authorized representative by the inspector making the inspection or witnessing the test on a form approved by the department or its authorized representative within thirty (30) days after the inspection or test has been completed.

(2) For the inspections required by § 20-24-112(a)(2) , the report shall include all information required by the department in order to determine whether the owner or lessee of the elevator, escalator, or dumbwaiter has complied with rules adopted by the Elevator Safety Board under § 20-24-107(a) and (b) that are applicable.

(3) For the inspection required by § 20-24-112(a)(1) , the report shall indicate whether the elevator, dumbwaiter, or escalator has been installed in accordance with the detailed plans and specifications approved by the department or its authorized representative under § 20-24-115(d) and (e) and meets the requirements of the applicable rules adopted by the board under § 20-24-107(a) and (b) .

(b) If the report required by subsection (a) of this section is not filed within thirty (30) days after the final date when the elevator, dumbwaiter, or escalator should have been inspected as required by § 20-24-112(a)(2) or § 20-24-112(a)(3) , the department shall designate a licensed inspector in its employ to make the inspection and report required by subsection (a) of this section.

(c) (1) For each inspection and report made at the direction of the department, the owner, lessee, or insurance company responsible for the report of inspection shall pay to the department a fee of three hundred fifty dollars ($350), unless otherwise provided by the board. (2) The fee shall be paid directly to the department and shall be the only fees or charges for which the owner, lessee, or insurance company shall be liable for the inspection required by § 20-24-112(a) .

(1) For each inspection and report made at the direction of the department, the owner, lessee, or insurance company responsible for the report of inspection shall pay to the department a fee of three hundred fifty dollars ($350), unless otherwise provided by the board.

(2) The fee shall be paid directly to the department and shall be the only fees or charges for which the owner, lessee, or insurance company shall be liable for the inspection required by § 20-24-112(a) .

Amended by Act 2019, No. 910,§ 5477, eff. 7/1/2019.

Amended by Act 2017, No. 968,§ 5, eff. 8/1/2017.

Acts 1963, No. 189, § 5; 1965, No. 72, § 2; 1969, No. 337, § 1; 1977, No. 539, § 2; A.S.A. 1947, § 82-1805; Acts 2003, No. 360, § 1.
Ark. Code Ann. § 20-9-907 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-907
Health insurance plans - Insurers
Status: in_force

(a) (1) Every health insurance plan proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of those benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent who has a certificate in accordance with this subchapter. (2) Notwithstanding any other provisions of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, a health service plan that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract. (b) (1) Every insurer proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent that has a certificate in accordance with this subchapter. (2) Notwithstanding any provision of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, an insurer that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract. (c) (1) Any health insurer proposing to issue or deliver in this state a group or blanket health insurance policy or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent that has a certificate in accordance with this subchapter. (2) Notwithstanding any provision of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, a health insurer that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract. Acts 1989, No. 537, §§ 14-16.

(a) (1) Every health insurance plan proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of those benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent who has a certificate in accordance with this subchapter. (2) Notwithstanding any other provisions of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, a health service plan that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.

(1) Every health insurance plan proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of those benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent who has a certificate in accordance with this subchapter.

(A) Have a certificate in accordance with this subchapter; or

(B) Contract with a private review agent who has a certificate in accordance with this subchapter.

(2) Notwithstanding any other provisions of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, a health service plan that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.

(b) (1) Every insurer proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent that has a certificate in accordance with this subchapter. (2) Notwithstanding any provision of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, an insurer that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.

(1) Every insurer proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent that has a certificate in accordance with this subchapter.

(A) Have a certificate in accordance with this subchapter; or

(B) Contract with a private review agent that has a certificate in accordance with this subchapter.

(2) Notwithstanding any provision of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, an insurer that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.

(c) (1) Any health insurer proposing to issue or deliver in this state a group or blanket health insurance policy or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent that has a certificate in accordance with this subchapter. (2) Notwithstanding any provision of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, a health insurer that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.

(1) Any health insurer proposing to issue or deliver in this state a group or blanket health insurance policy or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of such benefits shall: (A) Have a certificate in accordance with this subchapter; or (B) Contract with a private review agent that has a certificate in accordance with this subchapter.

(A) Have a certificate in accordance with this subchapter; or

(B) Contract with a private review agent that has a certificate in accordance with this subchapter.

(2) Notwithstanding any provision of this subchapter, for claims in which the medical necessity of the provision of a covered benefit is disputed, a health insurer that does not meet the requirements of this subsection shall pay any person or hospital entitled to reimbursement under the policy or contract.

Acts 1989, No. 537, §§ 14-16.
Ark. Code Ann. § 20-64-509 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-509
Penalties
Status: in_force

(a) After notice and hearing, whenever the Arkansas State Board of Pharmacy has found a licensee to have committed any act enumerated in § 20-64-508 , the board shall have the power to impose a civil penalty and may order the license to be suspended until the penalty is paid. (b) Before imposing any civil penalty, the board shall determine that the public health and welfare would not be impaired by the imposition of the penalty and that payment of the penalty will achieve the desired disciplinary purposes. (c) No penalty imposed by the board shall exceed one thousand dollars ($1,000) per violation, nor shall the board impose a penalty on a licensee where the license has been revoked by the board for a violation. (d) Each instance where a federal, state, or local law or regulation is violated shall constitute a separate violation. (e) The power and authority of the board to impose penalties is not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of a penalty preclude the board from imposing other sanctions short of revocation. Acts 1991, No. 739, § 8.

(a) After notice and hearing, whenever the Arkansas State Board of Pharmacy has found a licensee to have committed any act enumerated in § 20-64-508 , the board shall have the power to impose a civil penalty and may order the license to be suspended until the penalty is paid.

(b) Before imposing any civil penalty, the board shall determine that the public health and welfare would not be impaired by the imposition of the penalty and that payment of the penalty will achieve the desired disciplinary purposes.

(c) No penalty imposed by the board shall exceed one thousand dollars ($1,000) per violation, nor shall the board impose a penalty on a licensee where the license has been revoked by the board for a violation.

(d) Each instance where a federal, state, or local law or regulation is violated shall constitute a separate violation.

(e) The power and authority of the board to impose penalties is not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of a penalty preclude the board from imposing other sanctions short of revocation.

Acts 1991, No. 739, § 8.
Ark. Code Ann. § 20-64-816 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-816
Petition for immediate detention
Status: in_force

(a) Any person filing a petition for involuntary commitment may append thereto a petition for immediate detention. (b) The request for immediate detention shall be verified and shall: (1) State with particularity facts personally known to the affiant which establish reasonable cause to believe the person is in imminent danger of death or serious bodily harm; (2) State whether the person is currently detained in a designated receiving facility or program; and (3) Contain a specific prayer that the person be immediately detained at a designated receiving facility or program pending a hearing. (c) If, based on the petition for involuntary commitment and request for immediate confinement, the judge finds a reasonable cause to believe the person meets the criteria set forth in this subchapter for involuntary commitment and that the person is in imminent danger of death or serious bodily harm, the court may grant the request and order a law enforcement officer to place the person in immediate detention at a designated receiving facility or program for treatment pending a hearing to be scheduled and conducted pursuant to § 20-64-821 . (d) Personal service of the petition and order of immediate detention must be made by a law enforcement officer, who shall, at the time of service, take the person into custody and immediately deliver the person to a designated receiving facility or program. Acts 1989 (3rd Ex. Sess.), No. 10, § 7; 1991, No. 150, § 2; 1995, No. 1268, § 7; 1997, No. 1246, § 3.

(a) Any person filing a petition for involuntary commitment may append thereto a petition for immediate detention.

(b) The request for immediate detention shall be verified and shall: (1) State with particularity facts personally known to the affiant which establish reasonable cause to believe the person is in imminent danger of death or serious bodily harm; (2) State whether the person is currently detained in a designated receiving facility or program; and (3) Contain a specific prayer that the person be immediately detained at a designated receiving facility or program pending a hearing.

(1) State with particularity facts personally known to the affiant which establish reasonable cause to believe the person is in imminent danger of death or serious bodily harm;

(2) State whether the person is currently detained in a designated receiving facility or program; and

(3) Contain a specific prayer that the person be immediately detained at a designated receiving facility or program pending a hearing.

(c) If, based on the petition for involuntary commitment and request for immediate confinement, the judge finds a reasonable cause to believe the person meets the criteria set forth in this subchapter for involuntary commitment and that the person is in imminent danger of death or serious bodily harm, the court may grant the request and order a law enforcement officer to place the person in immediate detention at a designated receiving facility or program for treatment pending a hearing to be scheduled and conducted pursuant to § 20-64-821 .

(d) Personal service of the petition and order of immediate detention must be made by a law enforcement officer, who shall, at the time of service, take the person into custody and immediately deliver the person to a designated receiving facility or program.

Acts 1989 (3rd Ex. Sess.), No. 10, § 7; 1991, No. 150, § 2; 1995, No. 1268, § 7; 1997, No. 1246, § 3.
Ark. Code Ann. § 20-9-1101 — AR Code / Title 20 / Chapter 9 / Subchapter 11 / Section 20-9-1101
Title
Status: in_force

This subchapter shall be known as the "Cervical Cancer Care Act of 2005". Acts 2005, No. 1414, § 1.

This subchapter shall be known as the "Cervical Cancer Care Act of 2005".

Acts 2005, No. 1414, § 1.
Ark. Code Ann. § 20-3-113 — AR Code / Title 20 / Chapter 3 / Section 20-3-113
Liberal construction
Status: in_force

This chapter shall be liberally construed to comply with the requirements of the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

This chapter shall be liberally construed to comply with the requirements of the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-27-1306 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1306
Insurance
Status: in_force

(a) All owners, operators, and contractors covered by this subchapter shall maintain a policy of insurance issued by an insurance company authorized to do business in Arkansas and insuring the owner, operator, or contractor against liability for personal injury or property damage arising out of the operation or use of the mine in the minimum amount of one million dollars ($1,000,000) for each incident or occurrence. (b) Proof of such coverage shall be made available to the Director of the Division of Labor or his or her authorized representative upon request. Amended by Act 2019, No. 910,§ 5490, eff. 7/1/2019. Acts 1995, No. 814, § 9.

(a) All owners, operators, and contractors covered by this subchapter shall maintain a policy of insurance issued by an insurance company authorized to do business in Arkansas and insuring the owner, operator, or contractor against liability for personal injury or property damage arising out of the operation or use of the mine in the minimum amount of one million dollars ($1,000,000) for each incident or occurrence.

(b) Proof of such coverage shall be made available to the Director of the Division of Labor or his or her authorized representative upon request.

Amended by Act 2019, No. 910,§ 5490, eff. 7/1/2019.

Acts 1995, No. 814, § 9.
Ark. Code Ann. § 20-77-2303 — AR Code / Title 20 / Chapter 77 / Subchapter 23 / Section 20-77-2303
Training requirement
Status: in_force

(a) A person who applies for employment to provide caregiver services in this state for compensation shall provide documentation to an in-home services agency of successful completion of training as a trained in-home assistant under this subchapter. (b) A person qualifies as a trained in-home assistant under this subchapter if the person: (1) Is eighteen (18) years of age or older; (2) Has not been convicted of a felony that would prevent the person from working in a long-term care facility under § 20-38-101 et seq. unless the conviction has been expunged or pardoned; and (3) Except as provided under subsection (e) of this section, has successfully completed a caregiver training course addressing the following core competencies approved by the Department of Health, including not less than forty (40) hours of training in: (A) Body functions; (B) Body mechanics and safety precautions; (C) Communication skills; (D) At least four (4) hours of the forty (40) required hours covering Alzheimer's disease and dementia, including: (i) Communication skills; (ii) Problem-solving with challenging behaviors; (iii) Assistance with daily living; and (iv) Explanation of Alzheimer's disease and other dementia; (E) Emergency situations, including recognition of conditions and proper procedures; (F) Household safety and fire prevention; (G) Infection control and prevention, including maintaining a safe and clean working environment; (H) Ethical considerations and state law regarding delegation of nursing tasks to unlicensed personnel; (I) Nutrition; (J) At least sixteen (16) hours of the forty (40) required hours covering physical skills and competent demonstration of such skills for: (i) Ambulation; (ii) Basic housekeeping procedures, including laundry skills; (iii) Bathing, shampooing, and shaving; (iv) Dressing and undressing; (v) Meal preparation and clean up; (vi) Oral hygiene; (vii) Range of motion; (viii) Toileting; and (ix) Transfer techniques; (K) Record keeping and documentation of activities; (L) Role of caregiver in a healthcare team; and (M) Nail and skin care. (c) The department may expand or reduce the topics acceptable for the caregiver course, but the number of hours of training shall not be modified. (d) The training required under this subchapter may be certified by an employer if that employer maintains records regarding: (1) The identification of the employee who received training; (2) The topic for which the training was conducted; and (3) The amount of time spent on training. (e) (1) A person is exempt from the provisions of subdivision (b)(3) of this section if the person has at least one (1) year of experience working in an institutional setting, including without limitation a: (A) Home health agency; (B) Hospital; (C) Hospice; or (D) Long-term care facility. (2) The experience required under subdivision (e)(1) of this section shall be verified by the person's employer during the experience. Amended by Act 2023, No. 70,§ 1, eff. 8/1/2023. Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.

(a) A person who applies for employment to provide caregiver services in this state for compensation shall provide documentation to an in-home services agency of successful completion of training as a trained in-home assistant under this subchapter.

(b) A person qualifies as a trained in-home assistant under this subchapter if the person: (1) Is eighteen (18) years of age or older; (2) Has not been convicted of a felony that would prevent the person from working in a long-term care facility under § 20-38-101 et seq. unless the conviction has been expunged or pardoned; and (3) Except as provided under subsection (e) of this section, has successfully completed a caregiver training course addressing the following core competencies approved by the Department of Health, including not less than forty (40) hours of training in: (A) Body functions; (B) Body mechanics and safety precautions; (C) Communication skills; (D) At least four (4) hours of the forty (40) required hours covering Alzheimer's disease and dementia, including: (i) Communication skills; (ii) Problem-solving with challenging behaviors; (iii) Assistance with daily living; and (iv) Explanation of Alzheimer's disease and other dementia; (E) Emergency situations, including recognition of conditions and proper procedures; (F) Household safety and fire prevention; (G) Infection control and prevention, including maintaining a safe and clean working environment; (H) Ethical considerations and state law regarding delegation of nursing tasks to unlicensed personnel; (I) Nutrition; (J) At least sixteen (16) hours of the forty (40) required hours covering physical skills and competent demonstration of such skills for: (i) Ambulation; (ii) Basic housekeeping procedures, including laundry skills; (iii) Bathing, shampooing, and shaving; (iv) Dressing and undressing; (v) Meal preparation and clean up; (vi) Oral hygiene; (vii) Range of motion; (viii) Toileting; and (ix) Transfer techniques; (K) Record keeping and documentation of activities; (L) Role of caregiver in a healthcare team; and (M) Nail and skin care.

(1) Is eighteen (18) years of age or older;

(2) Has not been convicted of a felony that would prevent the person from working in a long-term care facility under § 20-38-101 et seq. unless the conviction has been expunged or pardoned; and

(3) Except as provided under subsection (e) of this section, has successfully completed a caregiver training course addressing the following core competencies approved by the Department of Health, including not less than forty (40) hours of training in: (A) Body functions; (B) Body mechanics and safety precautions; (C) Communication skills; (D) At least four (4) hours of the forty (40) required hours covering Alzheimer's disease and dementia, including: (i) Communication skills; (ii) Problem-solving with challenging behaviors; (iii) Assistance with daily living; and (iv) Explanation of Alzheimer's disease and other dementia; (E) Emergency situations, including recognition of conditions and proper procedures; (F) Household safety and fire prevention; (G) Infection control and prevention, including maintaining a safe and clean working environment; (H) Ethical considerations and state law regarding delegation of nursing tasks to unlicensed personnel; (I) Nutrition; (J) At least sixteen (16) hours of the forty (40) required hours covering physical skills and competent demonstration of such skills for: (i) Ambulation; (ii) Basic housekeeping procedures, including laundry skills; (iii) Bathing, shampooing, and shaving; (iv) Dressing and undressing; (v) Meal preparation and clean up; (vi) Oral hygiene; (vii) Range of motion; (viii) Toileting; and (ix) Transfer techniques; (K) Record keeping and documentation of activities; (L) Role of caregiver in a healthcare team; and (M) Nail and skin care.

(A) Body functions;

(B) Body mechanics and safety precautions;

(C) Communication skills;

(D) At least four (4) hours of the forty (40) required hours covering Alzheimer's disease and dementia, including: (i) Communication skills; (ii) Problem-solving with challenging behaviors; (iii) Assistance with daily living; and (iv) Explanation of Alzheimer's disease and other dementia;

(i) Communication skills;

(ii) Problem-solving with challenging behaviors;

(iii) Assistance with daily living; and

(iv) Explanation of Alzheimer's disease and other dementia;

(E) Emergency situations, including recognition of conditions and proper procedures;

(F) Household safety and fire prevention;

(G) Infection control and prevention, including maintaining a safe and clean working environment;

(H) Ethical considerations and state law regarding delegation of nursing tasks to unlicensed personnel;

(I) Nutrition;

(J) At least sixteen (16) hours of the forty (40) required hours covering physical skills and competent demonstration of such skills for: (i) Ambulation; (ii) Basic housekeeping procedures, including laundry skills; (iii) Bathing, shampooing, and shaving; (iv) Dressing and undressing; (v) Meal preparation and clean up; (vi) Oral hygiene; (vii) Range of motion; (viii) Toileting; and (ix) Transfer techniques;

(i) Ambulation;

(ii) Basic housekeeping procedures, including laundry skills;

(iii) Bathing, shampooing, and shaving;

(iv) Dressing and undressing;

(v) Meal preparation and clean up;

(vi) Oral hygiene;

(vii) Range of motion;

(viii) Toileting; and

(ix) Transfer techniques;

(K) Record keeping and documentation of activities;

(L) Role of caregiver in a healthcare team; and

(M) Nail and skin care.

(c) The department may expand or reduce the topics acceptable for the caregiver course, but the number of hours of training shall not be modified.

(d) The training required under this subchapter may be certified by an employer if that employer maintains records regarding: (1) The identification of the employee who received training; (2) The topic for which the training was conducted; and (3) The amount of time spent on training.

(1) The identification of the employee who received training;

(2) The topic for which the training was conducted; and

(3) The amount of time spent on training.

(e) (1) A person is exempt from the provisions of subdivision (b)(3) of this section if the person has at least one (1) year of experience working in an institutional setting, including without limitation a: (A) Home health agency; (B) Hospital; (C) Hospice; or (D) Long-term care facility. (2) The experience required under subdivision (e)(1) of this section shall be verified by the person's employer during the experience.

(1) A person is exempt from the provisions of subdivision (b)(3) of this section if the person has at least one (1) year of experience working in an institutional setting, including without limitation a: (A) Home health agency; (B) Hospital; (C) Hospice; or (D) Long-term care facility.

(A) Home health agency;

(B) Hospital;

(C) Hospice; or

(D) Long-term care facility.

(2) The experience required under subdivision (e)(1) of this section shall be verified by the person's employer during the experience.

Amended by Act 2023, No. 70,§ 1, eff. 8/1/2023.

Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.
Ark. Code Ann. § 20-21-218 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-218
Records
Status: in_force

(a) (1) The State Radiation Control Agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the agency may require subject to such exemptions as may be provided by rule. (2) The agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation, or who furnishes personnel dosimetry services for agency licensees or registrants to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the agency. (b) (1) Copies of all records required by subsection (a) of this section shall be submitted to the agency upon request. The agency shall obtain these required records from each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation and from service personnel. (2) To each employee for whom personnel monitoring is required, a copy of the employee's personal exposure record shall be given at the frequency required by rule. Amended by Act 2021, No. 268,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2023, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 7; 1983, No. 19, § 7; 1985, No. 554, § 1; A.S.A. 1947, § 82-1518.

(a) (1) The State Radiation Control Agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the agency may require subject to such exemptions as may be provided by rule. (2) The agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation, or who furnishes personnel dosimetry services for agency licensees or registrants to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the agency.

(1) The State Radiation Control Agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the agency may require subject to such exemptions as may be provided by rule.

(2) The agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation, or who furnishes personnel dosimetry services for agency licensees or registrants to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the agency.

(b) (1) Copies of all records required by subsection (a) of this section shall be submitted to the agency upon request. The agency shall obtain these required records from each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation and from service personnel. (2) To each employee for whom personnel monitoring is required, a copy of the employee's personal exposure record shall be given at the frequency required by rule.

(1) Copies of all records required by subsection (a) of this section shall be submitted to the agency upon request. The agency shall obtain these required records from each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation and from service personnel.

(2) To each employee for whom personnel monitoring is required, a copy of the employee's personal exposure record shall be given at the frequency required by rule.

Amended by Act 2021, No. 268,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2023, eff. 7/24/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, § 7; 1983, No. 19, § 7; 1985, No. 554, § 1; A.S.A. 1947, § 82-1518.
Ark. Code Ann. § 20-16-803 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-803
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Coercion" means restraining or dominating the choice of a pregnant woman by force, threat of force, or deprivation of food and shelter; (3) "Consent" means: (A) In the case of a pregnant woman who is less than eighteen (18) years of age, a notarized written statement signed by the pregnant woman and her mother, father, or legal guardian declaring that the pregnant woman intends to seek an abortion and that her mother, father, or legal guardian consents to the abortion; or (B) In the case of a pregnant woman who is an incompetent person, a notarized written statement signed by the pregnant woman's guardian declaring that the guardian consents to the performance of an abortion upon the pregnant woman; (4) "Emancipated minor" means a person less than eighteen (18) years of age who is or has been married or who has been legally emancipated; (5) "Incompetent" means a person who has been adjudged a disabled person and has had a guardian appointed for her; (6) "Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman so as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function; (7) "Minor" means an individual under eighteen (18) years of age; (8) "Parent" means: (A) Either parent of the pregnant woman if both parents are living; (B) One (1) parent of the pregnant woman if only one (1) is living or if the second parent cannot be located through reasonably diligent effort; or (C) The court-appointed guardian or custodian if the pregnant woman has one; (9) "Physician" means a person licensed to practice medicine in this state, including a medical doctor or a doctor of osteopathy; and (10) "Pregnant woman" means a pregnant minor or pregnant incompetent woman. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

As used in this subchapter:

(1) (A) "Abortion" means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(A) "Abortion" means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.

(B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(i) Save the life or preserve the health of the unborn child;

(ii) Remove a dead unborn child caused by spontaneous abortion; or

(iii) Remove an ectopic pregnancy;

(2) "Coercion" means restraining or dominating the choice of a pregnant woman by force, threat of force, or deprivation of food and shelter;

(3) "Consent" means: (A) In the case of a pregnant woman who is less than eighteen (18) years of age, a notarized written statement signed by the pregnant woman and her mother, father, or legal guardian declaring that the pregnant woman intends to seek an abortion and that her mother, father, or legal guardian consents to the abortion; or (B) In the case of a pregnant woman who is an incompetent person, a notarized written statement signed by the pregnant woman's guardian declaring that the guardian consents to the performance of an abortion upon the pregnant woman;

(A) In the case of a pregnant woman who is less than eighteen (18) years of age, a notarized written statement signed by the pregnant woman and her mother, father, or legal guardian declaring that the pregnant woman intends to seek an abortion and that her mother, father, or legal guardian consents to the abortion; or

(B) In the case of a pregnant woman who is an incompetent person, a notarized written statement signed by the pregnant woman's guardian declaring that the guardian consents to the performance of an abortion upon the pregnant woman;

(4) "Emancipated minor" means a person less than eighteen (18) years of age who is or has been married or who has been legally emancipated;

(5) "Incompetent" means a person who has been adjudged a disabled person and has had a guardian appointed for her;

(6) "Medical emergency" means a condition that, on the basis of the physician's good-faith clinical judgment, complicates the medical condition of a pregnant woman so as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;

(7) "Minor" means an individual under eighteen (18) years of age;

(8) "Parent" means: (A) Either parent of the pregnant woman if both parents are living; (B) One (1) parent of the pregnant woman if only one (1) is living or if the second parent cannot be located through reasonably diligent effort; or (C) The court-appointed guardian or custodian if the pregnant woman has one;

(A) Either parent of the pregnant woman if both parents are living;

(B) One (1) parent of the pregnant woman if only one (1) is living or if the second parent cannot be located through reasonably diligent effort; or

(C) The court-appointed guardian or custodian if the pregnant woman has one;

(9) "Physician" means a person licensed to practice medicine in this state, including a medical doctor or a doctor of osteopathy; and

(10) "Pregnant woman" means a pregnant minor or pregnant incompetent woman.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-61-203 — AR Code / Title 20 / Chapter 61 / Subchapter 2 / Section 20-61-203
Penalties - Injunction
Status: in_force

(a) (1) (A) Any person who violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than five hundred dollars ($500). (B) However, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this subchapter if the receipt was made in good faith unless the person refuses to furnish on request of a representative of the Director of the Arkansas Bureau of Standards the name and address of the person from whom he or she received the article and copies of all documents, if there are any, pertaining to the delivery of the article to him or her. (2) All distributors, processors, wholesalers, or retailers who are distributing or selling species of fish as catfish or catfish-like that are not within the definition of "catfish" or "catfish-like" under § 20-61-202 shall be in violation of this subchapter and shall be assessed a civil penalty of: (A) Not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for a first violation; (B) Not less than eight hundred dollars ($800) nor more than two thousand dollars ($2,000) for a second violation within three (3) years after the date of the first violation; and (C) Not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500) for a third violation within three (3) years after the date of the first violation. (3) For a violation to be considered as a second or subsequent violation, it must be a repeat of the violation in subdivision (a)(2) of this section. (4) (A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (B) The State Plant Board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review. (5) (A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision. (B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty. (C) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund. (b) Nothing in this subchapter shall be construed as requiring the director to report for prosecution or for the institution of libel or injunction proceedings any minor violations of this subchapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning. (c) (1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. (2) Before the director reports a violation for prosecution, an opportunity shall be given the distributor or other affected person to present his or her views to the director. (d) (1) The director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law. (2) The injunction shall be issued without bond. Amended by Act 2019, No. 315,§ 2222, eff. 7/24/2019. Amended by Act 2015, No. 1191,§ 2, eff. 1/1/2016. Acts 1975 (Extended Sess., 1976), No. 1209, § 7; A.S.A. 1947, § 82-993; reen. Acts 1987, No. 1005, § 7; 2003, No. 1024, § 4; 2005, No. 1994, § 136.

(a) (1) (A) Any person who violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than five hundred dollars ($500). (B) However, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this subchapter if the receipt was made in good faith unless the person refuses to furnish on request of a representative of the Director of the Arkansas Bureau of Standards the name and address of the person from whom he or she received the article and copies of all documents, if there are any, pertaining to the delivery of the article to him or her. (2) All distributors, processors, wholesalers, or retailers who are distributing or selling species of fish as catfish or catfish-like that are not within the definition of "catfish" or "catfish-like" under § 20-61-202 shall be in violation of this subchapter and shall be assessed a civil penalty of: (A) Not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for a first violation; (B) Not less than eight hundred dollars ($800) nor more than two thousand dollars ($2,000) for a second violation within three (3) years after the date of the first violation; and (C) Not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500) for a third violation within three (3) years after the date of the first violation. (3) For a violation to be considered as a second or subsequent violation, it must be a repeat of the violation in subdivision (a)(2) of this section. (4) (A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (B) The State Plant Board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review. (5) (A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision. (B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty. (C) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.

(1) (A) Any person who violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than five hundred dollars ($500). (B) However, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this subchapter if the receipt was made in good faith unless the person refuses to furnish on request of a representative of the Director of the Arkansas Bureau of Standards the name and address of the person from whom he or she received the article and copies of all documents, if there are any, pertaining to the delivery of the article to him or her.

(A) Any person who violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than five hundred dollars ($500).

(B) However, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this subchapter if the receipt was made in good faith unless the person refuses to furnish on request of a representative of the Director of the Arkansas Bureau of Standards the name and address of the person from whom he or she received the article and copies of all documents, if there are any, pertaining to the delivery of the article to him or her.

(2) All distributors, processors, wholesalers, or retailers who are distributing or selling species of fish as catfish or catfish-like that are not within the definition of "catfish" or "catfish-like" under § 20-61-202 shall be in violation of this subchapter and shall be assessed a civil penalty of: (A) Not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for a first violation; (B) Not less than eight hundred dollars ($800) nor more than two thousand dollars ($2,000) for a second violation within three (3) years after the date of the first violation; and (C) Not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500) for a third violation within three (3) years after the date of the first violation.

(A) Not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for a first violation;

(B) Not less than eight hundred dollars ($800) nor more than two thousand dollars ($2,000) for a second violation within three (3) years after the date of the first violation; and

(C) Not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500) for a third violation within three (3) years after the date of the first violation.

(3) For a violation to be considered as a second or subsequent violation, it must be a repeat of the violation in subdivision (a)(2) of this section.

(4) (A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (B) The State Plant Board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review.

(A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.

(B) The State Plant Board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review.

(5) (A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision. (B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty. (C) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.

(A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision.

(B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty.

(C) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.

(b) Nothing in this subchapter shall be construed as requiring the director to report for prosecution or for the institution of libel or injunction proceedings any minor violations of this subchapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.

(c) (1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. (2) Before the director reports a violation for prosecution, an opportunity shall be given the distributor or other affected person to present his or her views to the director.

(1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

(2) Before the director reports a violation for prosecution, an opportunity shall be given the distributor or other affected person to present his or her views to the director.

(d) (1) The director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law. (2) The injunction shall be issued without bond.

(1) The director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law.

(2) The injunction shall be issued without bond.

Amended by Act 2019, No. 315,§ 2222, eff. 7/24/2019.

Amended by Act 2015, No. 1191,§ 2, eff. 1/1/2016.

Acts 1975 (Extended Sess., 1976), No. 1209, § 7; A.S.A. 1947, § 82-993; reen. Acts 1987, No. 1005, § 7; 2003, No. 1024, § 4; 2005, No. 1994, § 136.
Ark. Code Ann. § 20-15-2002 — AR Code / Title 20 / Chapter 15 / Subchapter 20 / Section 20-15-2002
Reporting
Status: in_force

The Department of Human Services and the Department of Health shall submit a report to the Legislative Council by January 10 of each even-numbered year, including without limitation the following: (1) The financial impact and reach that diabetes of all types are having on each agency, localities, and the state, including without limitation: (A) The number of individuals with diabetes that are impacted or covered by the agency; (B) The number of individuals with diabetes and family members who are impacted by prevention and diabetes control programs implemented by the agency; (C) The financial toll or impact diabetes and its complications places on the program; and (D) The financial toll or impact diabetes and its complications places on the program in comparison to other chronic diseases and conditions; (2) An assessment of the benefits of implemented programs and activities that: (A) Aims at controlling diabetes and preventing the disease; and (B) Documents the amount and source for funding directed to the agency or entity from the General Assembly for programs and activities aimed at reaching individuals with diabetes; (3) A description of the level of coordination existing among the agencies and other entities of activities, programs, and messages on managing, treating, or preventing all forms of diabetes and its complications; (4) (A) The development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the General Assembly. (B) The plans shall identify: (i) Proposed actions to reduce the impact of diabetes, prediabetes, and related complications caused by diabetes; (ii) Expected outcomes of the actions proposed; and (iii) Benchmarks for controlling and preventing relevant forms of diabetes; and (5) The development of a detailed budget blueprint: (A) Identifying needs, costs, and resources required to implement the plan identified in subdivision (4) of this section; and (B) Including a budget range for all options presented in the plan identified in subdivision (4) of this section for consideration by the General Assembly. Added by Act 2015, No. 167,§ 1, eff. 7/22/2015.

The Department of Human Services and the Department of Health shall submit a report to the Legislative Council by January 10 of each even-numbered year, including without limitation the following:

(1) The financial impact and reach that diabetes of all types are having on each agency, localities, and the state, including without limitation: (A) The number of individuals with diabetes that are impacted or covered by the agency; (B) The number of individuals with diabetes and family members who are impacted by prevention and diabetes control programs implemented by the agency; (C) The financial toll or impact diabetes and its complications places on the program; and (D) The financial toll or impact diabetes and its complications places on the program in comparison to other chronic diseases and conditions;

(A) The number of individuals with diabetes that are impacted or covered by the agency;

(B) The number of individuals with diabetes and family members who are impacted by prevention and diabetes control programs implemented by the agency;

(C) The financial toll or impact diabetes and its complications places on the program; and

(D) The financial toll or impact diabetes and its complications places on the program in comparison to other chronic diseases and conditions;

(2) An assessment of the benefits of implemented programs and activities that: (A) Aims at controlling diabetes and preventing the disease; and (B) Documents the amount and source for funding directed to the agency or entity from the General Assembly for programs and activities aimed at reaching individuals with diabetes;

(A) Aims at controlling diabetes and preventing the disease; and

(B) Documents the amount and source for funding directed to the agency or entity from the General Assembly for programs and activities aimed at reaching individuals with diabetes;

(3) A description of the level of coordination existing among the agencies and other entities of activities, programs, and messages on managing, treating, or preventing all forms of diabetes and its complications;

(4) (A) The development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the General Assembly. (B) The plans shall identify: (i) Proposed actions to reduce the impact of diabetes, prediabetes, and related complications caused by diabetes; (ii) Expected outcomes of the actions proposed; and (iii) Benchmarks for controlling and preventing relevant forms of diabetes; and

(A) The development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the General Assembly.

(B) The plans shall identify: (i) Proposed actions to reduce the impact of diabetes, prediabetes, and related complications caused by diabetes; (ii) Expected outcomes of the actions proposed; and (iii) Benchmarks for controlling and preventing relevant forms of diabetes; and

(i) Proposed actions to reduce the impact of diabetes, prediabetes, and related complications caused by diabetes;

(ii) Expected outcomes of the actions proposed; and

(iii) Benchmarks for controlling and preventing relevant forms of diabetes; and

(5) The development of a detailed budget blueprint: (A) Identifying needs, costs, and resources required to implement the plan identified in subdivision (4) of this section; and (B) Including a budget range for all options presented in the plan identified in subdivision (4) of this section for consideration by the General Assembly.

(A) Identifying needs, costs, and resources required to implement the plan identified in subdivision (4) of this section; and

(B) Including a budget range for all options presented in the plan identified in subdivision (4) of this section for consideration by the General Assembly.

Added by Act 2015, No. 167,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-61-201 — AR Code / Title 20 / Chapter 61 / Subchapter 2 / Section 20-61-201
Title
Status: in_force

This subchapter shall be known as the "Arkansas Catfish Marketing Act of 1975". Acts 1975 (Extended Sess., 1976), No. 1209, § 1; A.S.A. 1947, § 82-987; reen. Acts 1987, No. 1005, § 1.

This subchapter shall be known as the "Arkansas Catfish Marketing Act of 1975".

Acts 1975 (Extended Sess., 1976), No. 1209, § 1; A.S.A. 1947, § 82-987; reen. Acts 1987, No. 1005, § 1.
Ark. Code Ann. § 20-15-602 — AR Code / Title 20 / Chapter 15 / Subchapter 6 / Section 20-15-602
State Kidney Disease Commission - Creation - Members
Status: in_force

(a) (1) There is established a State Kidney Disease Commission to consist of ten (10) members. (2) Nine (9) members shall be appointed by the Governor and confirmed by the Senate as follows: (A) Three (3) members who are knowledgeable in renal medicine and the treatment of end-stage renal disease shall be physicians licensed to practice in Arkansas who are actively engaged in the private practice of medicine in this state; (B) One (1) member who is knowledgeable in renal medicine and the treatment of end-stage renal disease shall be a physician licensed in Arkansas who is engaged primarily in the institutional practice of medicine; (C) Two (2) members shall be persons engaged in hospital administrative activities; (D) Two (2) members shall be named from the public at large, but they shall be individuals who have a demonstrated interest in the treatment and cure of renal diseases; and (E) One (1) member who shall represent the elderly shall be sixty (60) years of age or older and shall be appointed from the state at large. The member shall not be actively engaged in or retired from any profession, occupation, or industry which is regulated pursuant to this subchapter. (3) The Secretary of the Department of Health, or his or her designee, shall be a member of the commission and shall serve as secretary of the commission and disbursing officer of funds appropriated to the commission for the treatment and cure of renal diseases. (b) Members shall be appointed for four-year terms to expire on January 14 of the members' fourth year of the appointed term. Members shall serve until their successors are appointed and qualified. (c) If a vacancy occurs on the commission due to death, resignation, or other cause, the vacancy shall be filled by appointment of the Governor of a person eligible for the initial appointment, as provided in subsection (a) of this section, for the remainder of the unexpired portion of the term of the member. (d) The commission shall annually elect one (1) of its members as chair and one (1) of its members as vice chair and such other officers as the commission deems necessary. (e) The commission shall meet at least one (1) time each calendar quarter and at such other times as may be designated by the commission's rules or upon call by the Chair of the State Kidney Disease Commission or upon written request of any four (4) members. (f) Members shall serve without pay but may receive expense reimbursement in accordance with § 25-16-901 et seq. (g) Members shall qualify by taking the oath of office as prescribed by law. Amended by Act 2019, No. 910,§ 4999, eff. 7/1/2019. Acts 1971, No. 450, §§ 2, 3; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 82-2502, 82-2503; Acts 1991, No. 848, § 1; 1997, No. 250, § 187.

(a) (1) There is established a State Kidney Disease Commission to consist of ten (10) members. (2) Nine (9) members shall be appointed by the Governor and confirmed by the Senate as follows: (A) Three (3) members who are knowledgeable in renal medicine and the treatment of end-stage renal disease shall be physicians licensed to practice in Arkansas who are actively engaged in the private practice of medicine in this state; (B) One (1) member who is knowledgeable in renal medicine and the treatment of end-stage renal disease shall be a physician licensed in Arkansas who is engaged primarily in the institutional practice of medicine; (C) Two (2) members shall be persons engaged in hospital administrative activities; (D) Two (2) members shall be named from the public at large, but they shall be individuals who have a demonstrated interest in the treatment and cure of renal diseases; and (E) One (1) member who shall represent the elderly shall be sixty (60) years of age or older and shall be appointed from the state at large. The member shall not be actively engaged in or retired from any profession, occupation, or industry which is regulated pursuant to this subchapter. (3) The Secretary of the Department of Health, or his or her designee, shall be a member of the commission and shall serve as secretary of the commission and disbursing officer of funds appropriated to the commission for the treatment and cure of renal diseases.

(1) There is established a State Kidney Disease Commission to consist of ten (10) members.

(2) Nine (9) members shall be appointed by the Governor and confirmed by the Senate as follows: (A) Three (3) members who are knowledgeable in renal medicine and the treatment of end-stage renal disease shall be physicians licensed to practice in Arkansas who are actively engaged in the private practice of medicine in this state; (B) One (1) member who is knowledgeable in renal medicine and the treatment of end-stage renal disease shall be a physician licensed in Arkansas who is engaged primarily in the institutional practice of medicine; (C) Two (2) members shall be persons engaged in hospital administrative activities; (D) Two (2) members shall be named from the public at large, but they shall be individuals who have a demonstrated interest in the treatment and cure of renal diseases; and (E) One (1) member who shall represent the elderly shall be sixty (60) years of age or older and shall be appointed from the state at large. The member shall not be actively engaged in or retired from any profession, occupation, or industry which is regulated pursuant to this subchapter.

(A) Three (3) members who are knowledgeable in renal medicine and the treatment of end-stage renal disease shall be physicians licensed to practice in Arkansas who are actively engaged in the private practice of medicine in this state;

(B) One (1) member who is knowledgeable in renal medicine and the treatment of end-stage renal disease shall be a physician licensed in Arkansas who is engaged primarily in the institutional practice of medicine;

(C) Two (2) members shall be persons engaged in hospital administrative activities;

(D) Two (2) members shall be named from the public at large, but they shall be individuals who have a demonstrated interest in the treatment and cure of renal diseases; and

(E) One (1) member who shall represent the elderly shall be sixty (60) years of age or older and shall be appointed from the state at large. The member shall not be actively engaged in or retired from any profession, occupation, or industry which is regulated pursuant to this subchapter.

(3) The Secretary of the Department of Health, or his or her designee, shall be a member of the commission and shall serve as secretary of the commission and disbursing officer of funds appropriated to the commission for the treatment and cure of renal diseases.

(b) Members shall be appointed for four-year terms to expire on January 14 of the members' fourth year of the appointed term. Members shall serve until their successors are appointed and qualified.

(c) If a vacancy occurs on the commission due to death, resignation, or other cause, the vacancy shall be filled by appointment of the Governor of a person eligible for the initial appointment, as provided in subsection (a) of this section, for the remainder of the unexpired portion of the term of the member.

(d) The commission shall annually elect one (1) of its members as chair and one (1) of its members as vice chair and such other officers as the commission deems necessary.

(e) The commission shall meet at least one (1) time each calendar quarter and at such other times as may be designated by the commission's rules or upon call by the Chair of the State Kidney Disease Commission or upon written request of any four (4) members.

(f) Members shall serve without pay but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(g) Members shall qualify by taking the oath of office as prescribed by law.

Amended by Act 2019, No. 910,§ 4999, eff. 7/1/2019.

Acts 1971, No. 450, §§ 2, 3; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 82-2502, 82-2503; Acts 1991, No. 848, § 1; 1997, No. 250, § 187.
Ark. Code Ann. § 20-10-206 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-206
Civil penalties
Status: in_force

(a) (1) In the case of a Class A violation, the following civil penalties shall be assessed by the Director of the Office of Long-Term Care against the long-term care facility. In Class B, Class C, or Class D violations, the director, in his or her discretion, may assess the following civil penalties or may allow a specified period of time for correction of the violation: (A) (i) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation. (ii) A second Class A violation occurring within a six-month period shall be subject to a civil penalty of five thousand dollars ($5,000). (iii) The third Class A violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of licensure of the facility; (B) (i) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000). (ii) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000). (iii) A third Class B violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility; (C) Class C violations are subject to a civil penalty to be set by the director in an amount not to exceed five hundred dollars ($500) for each violation; and (D) Class D violations are subject to a civil penalty to be set by the director in an amount not to exceed two hundred fifty dollars ($250) for each violation. (2) Each subsequent Class C and Class D violation within a six-month period from the last violation shall subject the facility to a civil penalty double that of the preceding violation until a maximum of one thousand dollars ($1,000) per violation is reached. (3) In no event may the aggregate fines assessed for violations determined in any one (1) month exceed five thousand dollars ($5,000). (b) In determining whether a civil penalty is to be imposed and in fixing the amount of the penalty to be imposed, or if a specified period of time shall be allowed for correction, the following factors shall be considered: (1) The gravity of the violation, including the probability that death or serious physical harm to a resident will result or has resulted; (2) The severity and scope of the actual or potential harm; (3) The extent to which the applicable statutes, rules, or regulations were violated; (4) The "good faith" exercised by the licensee. Indications of good faith include, but are not limited to: (A) Awareness of the applicable statutes, rules, and regulations and reasonable diligence in securing compliance; (B) Prior accomplishments manifesting the licensee's desire to comply with the requirements; (C) Efforts to correct; and (D) Any other mitigating factors in favor of the licensee; (5) Any relevant previous violations committed by the licensee; and (6) The financial benefit to the licensee of committing or continuing the violation. (c) Assessment of a civil penalty provided by this section shall not affect the right of the Office of Long-Term Care to take such other action as may be authorized by law, rule, or regulation. Amended by Act 2019, No. 315,§ 1863, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1862, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1861, eff. 7/24/2019. Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1987, No. 894, §§ 1, 2; 1988 (4th Ex. Sess.), No. 4, § 3; 1988 (4th Ex. Sess.), No. 14, § 3.

(a) (1) In the case of a Class A violation, the following civil penalties shall be assessed by the Director of the Office of Long-Term Care against the long-term care facility. In Class B, Class C, or Class D violations, the director, in his or her discretion, may assess the following civil penalties or may allow a specified period of time for correction of the violation: (A) (i) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation. (ii) A second Class A violation occurring within a six-month period shall be subject to a civil penalty of five thousand dollars ($5,000). (iii) The third Class A violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of licensure of the facility; (B) (i) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000). (ii) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000). (iii) A third Class B violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility; (C) Class C violations are subject to a civil penalty to be set by the director in an amount not to exceed five hundred dollars ($500) for each violation; and (D) Class D violations are subject to a civil penalty to be set by the director in an amount not to exceed two hundred fifty dollars ($250) for each violation. (2) Each subsequent Class C and Class D violation within a six-month period from the last violation shall subject the facility to a civil penalty double that of the preceding violation until a maximum of one thousand dollars ($1,000) per violation is reached. (3) In no event may the aggregate fines assessed for violations determined in any one (1) month exceed five thousand dollars ($5,000).

(1) In the case of a Class A violation, the following civil penalties shall be assessed by the Director of the Office of Long-Term Care against the long-term care facility. In Class B, Class C, or Class D violations, the director, in his or her discretion, may assess the following civil penalties or may allow a specified period of time for correction of the violation: (A) (i) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation. (ii) A second Class A violation occurring within a six-month period shall be subject to a civil penalty of five thousand dollars ($5,000). (iii) The third Class A violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of licensure of the facility; (B) (i) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000). (ii) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000). (iii) A third Class B violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility; (C) Class C violations are subject to a civil penalty to be set by the director in an amount not to exceed five hundred dollars ($500) for each violation; and (D) Class D violations are subject to a civil penalty to be set by the director in an amount not to exceed two hundred fifty dollars ($250) for each violation.

(A) (i) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation. (ii) A second Class A violation occurring within a six-month period shall be subject to a civil penalty of five thousand dollars ($5,000). (iii) The third Class A violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of licensure of the facility;

(i) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation.

(ii) A second Class A violation occurring within a six-month period shall be subject to a civil penalty of five thousand dollars ($5,000).

(iii) The third Class A violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of licensure of the facility;

(B) (i) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000). (ii) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000). (iii) A third Class B violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility;

(i) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000).

(ii) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000).

(iii) A third Class B violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility;

(C) Class C violations are subject to a civil penalty to be set by the director in an amount not to exceed five hundred dollars ($500) for each violation; and

(D) Class D violations are subject to a civil penalty to be set by the director in an amount not to exceed two hundred fifty dollars ($250) for each violation.

(2) Each subsequent Class C and Class D violation within a six-month period from the last violation shall subject the facility to a civil penalty double that of the preceding violation until a maximum of one thousand dollars ($1,000) per violation is reached.

(3) In no event may the aggregate fines assessed for violations determined in any one (1) month exceed five thousand dollars ($5,000).

(b) In determining whether a civil penalty is to be imposed and in fixing the amount of the penalty to be imposed, or if a specified period of time shall be allowed for correction, the following factors shall be considered: (1) The gravity of the violation, including the probability that death or serious physical harm to a resident will result or has resulted; (2) The severity and scope of the actual or potential harm; (3) The extent to which the applicable statutes, rules, or regulations were violated; (4) The "good faith" exercised by the licensee. Indications of good faith include, but are not limited to: (A) Awareness of the applicable statutes, rules, and regulations and reasonable diligence in securing compliance; (B) Prior accomplishments manifesting the licensee's desire to comply with the requirements; (C) Efforts to correct; and (D) Any other mitigating factors in favor of the licensee; (5) Any relevant previous violations committed by the licensee; and (6) The financial benefit to the licensee of committing or continuing the violation.

(1) The gravity of the violation, including the probability that death or serious physical harm to a resident will result or has resulted;

(2) The severity and scope of the actual or potential harm;

(3) The extent to which the applicable statutes, rules, or regulations were violated;

(4) The "good faith" exercised by the licensee. Indications of good faith include, but are not limited to: (A) Awareness of the applicable statutes, rules, and regulations and reasonable diligence in securing compliance; (B) Prior accomplishments manifesting the licensee's desire to comply with the requirements; (C) Efforts to correct; and (D) Any other mitigating factors in favor of the licensee;

(A) Awareness of the applicable statutes, rules, and regulations and reasonable diligence in securing compliance;

(B) Prior accomplishments manifesting the licensee's desire to comply with the requirements;

(C) Efforts to correct; and

(D) Any other mitigating factors in favor of the licensee;

(5) Any relevant previous violations committed by the licensee; and

(6) The financial benefit to the licensee of committing or continuing the violation.

(c) Assessment of a civil penalty provided by this section shall not affect the right of the Office of Long-Term Care to take such other action as may be authorized by law, rule, or regulation.

Amended by Act 2019, No. 315,§ 1863, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1862, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1861, eff. 7/24/2019.

Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1987, No. 894, §§ 1, 2; 1988 (4th Ex. Sess.), No. 4, § 3; 1988 (4th Ex. Sess.), No. 14, § 3.
Ark. Code Ann. § 20-60-101 — AR Code / Title 20 / Chapter 60 / Subchapter 1 / Section 20-60-101
Use of imported meat in food establishment - Definition
Status: in_force

(a) (1) As used in this section, "food service establishment" means any: (A) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere; (B) Grocery store, delicatessen, meat market, retail bakery, or other establishment that sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; or (C) Eating and drinking establishment where food is served or provided for the public with or without charge. (2) The following places where food is served shall be exempt from the definition of a food service establishment: (A) Group homes routinely serving ten (10) or fewer persons; (B) Day care centers routinely serving ten (10) or fewer persons; (C) Potluck suppers, community picnics, or other group gatherings where food is served but not sold; (D) Nonprofit organizations that sell food on a temporary basis for fund-raising events; and (E) Hospital kitchens and nursing home kitchens. (b) Each food service establishment shall indicate on its menu or on a notice prominently placed in the establishment whether beef imported from outside the United States is served if the proprietor of the establishment knowingly, willfully, and consistently serves imported beef. (c) Any person found guilty of violating this section shall be guilty of a violation and upon conviction fined ten dollars ($10.00) for the first offense and twenty dollars ($20.00) for the second or subsequent offense. Acts 1979, No. 595, §§ 1-3; A.S.A. 1947, §§ 82-980 -- 82-980.2; Acts 2005, No. 1994, § 135.

(a) (1) As used in this section, "food service establishment" means any: (A) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere; (B) Grocery store, delicatessen, meat market, retail bakery, or other establishment that sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; or (C) Eating and drinking establishment where food is served or provided for the public with or without charge. (2) The following places where food is served shall be exempt from the definition of a food service establishment: (A) Group homes routinely serving ten (10) or fewer persons; (B) Day care centers routinely serving ten (10) or fewer persons; (C) Potluck suppers, community picnics, or other group gatherings where food is served but not sold; (D) Nonprofit organizations that sell food on a temporary basis for fund-raising events; and (E) Hospital kitchens and nursing home kitchens.

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

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

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

(C) Eating and drinking establishment where food is served or provided for the public with or without charge.

(2) The following places where food is served shall be exempt from the definition of a food service establishment: (A) Group homes routinely serving ten (10) or fewer persons; (B) Day care centers routinely serving ten (10) or fewer persons; (C) Potluck suppers, community picnics, or other group gatherings where food is served but not sold; (D) Nonprofit organizations that sell food on a temporary basis for fund-raising events; and (E) Hospital kitchens and nursing home kitchens.

(A) Group homes routinely serving ten (10) or fewer persons;

(B) Day care centers routinely serving ten (10) or fewer persons;

(C) Potluck suppers, community picnics, or other group gatherings where food is served but not sold;

(D) Nonprofit organizations that sell food on a temporary basis for fund-raising events; and

(E) Hospital kitchens and nursing home kitchens.

(b) Each food service establishment shall indicate on its menu or on a notice prominently placed in the establishment whether beef imported from outside the United States is served if the proprietor of the establishment knowingly, willfully, and consistently serves imported beef.

(c) Any person found guilty of violating this section shall be guilty of a violation and upon conviction fined ten dollars ($10.00) for the first offense and twenty dollars ($20.00) for the second or subsequent offense.

Acts 1979, No. 595, §§ 1-3; A.S.A. 1947, §§ 82-980 -- 82-980.2; Acts 2005, No. 1994, § 135.
Ark. Code Ann. § 20-15-2103 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2103
Definitions
Status: in_force

As used in this subchapter: (1) "Eligible patient" means a person who meets the requirements of eligibility in § 20-15-2104 ; (2) "Investigational drug, biological product, or device" means a drug, biological product, or device that: (A) Has successfully completed phase I of clinical trials but has not been approved for general use by the United States Food and Drug Administration; and (B) Remains currently under investigation in a United States Food and Drug Administration clinical trial; (3) "Physician" means an individual 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.; and (4) "Terminal illness" means an incurable and irreversible condition that without the administration of life-sustaining treatment will, in the opinion of the patient's physician, result in death within a relatively short time. Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Eligible patient" means a person who meets the requirements of eligibility in § 20-15-2104 ;

(2) "Investigational drug, biological product, or device" means a drug, biological product, or device that: (A) Has successfully completed phase I of clinical trials but has not been approved for general use by the United States Food and Drug Administration; and (B) Remains currently under investigation in a United States Food and Drug Administration clinical trial;

(A) Has successfully completed phase I of clinical trials but has not been approved for general use by the United States Food and Drug Administration; and

(B) Remains currently under investigation in a United States Food and Drug Administration clinical trial;

(3) "Physician" means an individual 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.; and

(4) "Terminal illness" means an incurable and irreversible condition that without the administration of life-sustaining treatment will, in the opinion of the patient's physician, result in death within a relatively short time.

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-22-708 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-708
Possession, sale, and use unlawful - Exceptions
Status: in_force

(a) It shall be unlawful for any person to possess, sell, or use, within the State of Arkansas, or ship into the State of Arkansas, except as provided in § 20-22-711 , any pyrotechnics, commonly known as fireworks, other than the permissible items enumerated in this section, except as provided in this subchapter. The permissible fireworks consist of those defined in Interstate Commerce Commission regulations described as Class C fireworks only and shall include the following: (1) Roman candles, with no handle or spike affixed thereto, not exceeding ten (10) balls spaced uniformly in the tube, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed three-eighths inch (3/8"); (2) Sky rockets with sticks, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed one-half inch (1/2"). The rocket sticks shall be securely fastened to the tubes; (3) Helicopter-type rockets, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed one-half inch (1/2"); (4) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams (75g) each in weight. The inside tube diameter shall not exceed three-fourths inch (3/4"); (5) Cone fountains, total pyrotechnic composition not to exceed fifty grams (50g) each in weight; (6) Wheels, total pyrotechnic composition not to exceed sixty grams (60g) for each driver unit or two hundred forty grams (240g) for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch (1/2"); (7) Illuminating torches and colored fire in any form, except items included in subdivision (a)(12) of this section, total pyrotechnic composition not to exceed one hundred grams (100g) in weight; (8) Sparklers and dipped sticks, total pyrotechnic composition not to exceed one hundred grams (100g) each in weight. Pyrotechnic composition containing any chlorate or perchlorate shall not exceed five grams (5g); (9) Mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed forty grams (40g) each in weight; (10) Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches (11/2") in length or one-quarter inch (1/4") in diameter, and other items designed to produce an audible effect, total pyrotechnic composition not to exceed two grams (2g) each in weight; (11) Novelties consisting of two (2) or more devices enumerated in this subsection, trick matches, and cigarette plugs, when approved by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives; and (12) Railway fusees, truck flares, hand ship distress signals, smoke signals, and smoke pots. (b) No component of any device listed in this section which is designed to produce an audible effect shall contain pyrotechnic composition in excess of two grams (2g) in weight excluding propelling or expelling charges. Acts 1961, No. 224, § 1; A.S.A. 1947, § 82-1701.

(a) It shall be unlawful for any person to possess, sell, or use, within the State of Arkansas, or ship into the State of Arkansas, except as provided in § 20-22-711 , any pyrotechnics, commonly known as fireworks, other than the permissible items enumerated in this section, except as provided in this subchapter. The permissible fireworks consist of those defined in Interstate Commerce Commission regulations described as Class C fireworks only and shall include the following: (1) Roman candles, with no handle or spike affixed thereto, not exceeding ten (10) balls spaced uniformly in the tube, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed three-eighths inch (3/8"); (2) Sky rockets with sticks, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed one-half inch (1/2"). The rocket sticks shall be securely fastened to the tubes; (3) Helicopter-type rockets, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed one-half inch (1/2"); (4) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams (75g) each in weight. The inside tube diameter shall not exceed three-fourths inch (3/4"); (5) Cone fountains, total pyrotechnic composition not to exceed fifty grams (50g) each in weight; (6) Wheels, total pyrotechnic composition not to exceed sixty grams (60g) for each driver unit or two hundred forty grams (240g) for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch (1/2"); (7) Illuminating torches and colored fire in any form, except items included in subdivision (a)(12) of this section, total pyrotechnic composition not to exceed one hundred grams (100g) in weight; (8) Sparklers and dipped sticks, total pyrotechnic composition not to exceed one hundred grams (100g) each in weight. Pyrotechnic composition containing any chlorate or perchlorate shall not exceed five grams (5g); (9) Mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed forty grams (40g) each in weight; (10) Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches (11/2") in length or one-quarter inch (1/4") in diameter, and other items designed to produce an audible effect, total pyrotechnic composition not to exceed two grams (2g) each in weight; (11) Novelties consisting of two (2) or more devices enumerated in this subsection, trick matches, and cigarette plugs, when approved by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives; and (12) Railway fusees, truck flares, hand ship distress signals, smoke signals, and smoke pots.

(1) Roman candles, with no handle or spike affixed thereto, not exceeding ten (10) balls spaced uniformly in the tube, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed three-eighths inch (3/8");

(2) Sky rockets with sticks, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed one-half inch (1/2"). The rocket sticks shall be securely fastened to the tubes;

(3) Helicopter-type rockets, total pyrotechnic composition not to exceed twenty grams (20g) each in weight. The inside tube diameter shall not exceed one-half inch (1/2");

(4) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams (75g) each in weight. The inside tube diameter shall not exceed three-fourths inch (3/4");

(5) Cone fountains, total pyrotechnic composition not to exceed fifty grams (50g) each in weight;

(6) Wheels, total pyrotechnic composition not to exceed sixty grams (60g) for each driver unit or two hundred forty grams (240g) for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch (1/2");

(7) Illuminating torches and colored fire in any form, except items included in subdivision (a)(12) of this section, total pyrotechnic composition not to exceed one hundred grams (100g) in weight;

(8) Sparklers and dipped sticks, total pyrotechnic composition not to exceed one hundred grams (100g) each in weight. Pyrotechnic composition containing any chlorate or perchlorate shall not exceed five grams (5g);

(9) Mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed forty grams (40g) each in weight;

(10) Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches (11/2") in length or one-quarter inch (1/4") in diameter, and other items designed to produce an audible effect, total pyrotechnic composition not to exceed two grams (2g) each in weight;

(11) Novelties consisting of two (2) or more devices enumerated in this subsection, trick matches, and cigarette plugs, when approved by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives; and

(12) Railway fusees, truck flares, hand ship distress signals, smoke signals, and smoke pots.

(b) No component of any device listed in this section which is designed to produce an audible effect shall contain pyrotechnic composition in excess of two grams (2g) in weight excluding propelling or expelling charges.

Acts 1961, No. 224, § 1; A.S.A. 1947, § 82-1701.
Ark. Code Ann. § 20-13-1502 — AR Code / Title 20 / Chapter 13 / Subchapter 15 / Section 20-13-1502
Possible exposure of emergency response workers to airborne or blood-borne diseases - Testing
Status: in_force

(a) (1) Consent is not required for a healthcare provider or healthcare facility to test an individual for an airborne or blood-borne disease when a healthcare provider, an employee of a healthcare facility, or an emergency response worker has a type of contact with an individual that may transmit an airborne or blood-borne disease, as determined by a physician in his or her medical judgment. (2) The results of the tests authorized under subdivision (a)(1) of this section shall be provided by the physician ordering the tests to the affected healthcare provider's physician or the employee's physician and to the physician of the individual who was tested. (b) (1) Notwithstanding any other law to the contrary, a person who performs a test under subsection (a) of this section shall not be subject to civil or criminal liability for doing so. (2) Notwithstanding any other law to the contrary, a person who discloses a test result in accordance with the provisions of subsection (a) of this section shall not be subject to civil or criminal liability. Amended by Act 2019, No. 253,§ 2, eff. 7/24/2019. Acts 2009, No. 1185, § 1; 2011, No. 1121, § 2.

(a) (1) Consent is not required for a healthcare provider or healthcare facility to test an individual for an airborne or blood-borne disease when a healthcare provider, an employee of a healthcare facility, or an emergency response worker has a type of contact with an individual that may transmit an airborne or blood-borne disease, as determined by a physician in his or her medical judgment. (2) The results of the tests authorized under subdivision (a)(1) of this section shall be provided by the physician ordering the tests to the affected healthcare provider's physician or the employee's physician and to the physician of the individual who was tested.

(1) Consent is not required for a healthcare provider or healthcare facility to test an individual for an airborne or blood-borne disease when a healthcare provider, an employee of a healthcare facility, or an emergency response worker has a type of contact with an individual that may transmit an airborne or blood-borne disease, as determined by a physician in his or her medical judgment.

(2) The results of the tests authorized under subdivision (a)(1) of this section shall be provided by the physician ordering the tests to the affected healthcare provider's physician or the employee's physician and to the physician of the individual who was tested.

(b) (1) Notwithstanding any other law to the contrary, a person who performs a test under subsection (a) of this section shall not be subject to civil or criminal liability for doing so. (2) Notwithstanding any other law to the contrary, a person who discloses a test result in accordance with the provisions of subsection (a) of this section shall not be subject to civil or criminal liability.

(1) Notwithstanding any other law to the contrary, a person who performs a test under subsection (a) of this section shall not be subject to civil or criminal liability for doing so.

(2) Notwithstanding any other law to the contrary, a person who discloses a test result in accordance with the provisions of subsection (a) of this section shall not be subject to civil or criminal liability.

Amended by Act 2019, No. 253,§ 2, eff. 7/24/2019.

Acts 2009, No. 1185, § 1; 2011, No. 1121, § 2.
Ark. Code Ann. § 20-6-202 — AR Code / Title 20 / Chapter 6 / Subchapter 2 / Section 20-6-202
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) Patients are entitled to continuity of care with their healthcare providers; (2) Healthcare providers are prohibited legally and ethically from abandoning a patient before treatment has been concluded; (3) When a healthcare provider changes practice locations, steps are necessary to ensure that the patient's continuity of care and the legal and ethical obligations of the healthcare provider are fulfilled; and (4) Patients should be informed about any change in the practice location of their treating healthcare provider and should not be prevented from receiving this type of information. (b) The purpose of this subchapter is to remove and prevent impediments to patients' maintaining continuity of care and keeping their treatment relationship with their chosen healthcare provider. Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.

(a) The General Assembly finds that: (1) Patients are entitled to continuity of care with their healthcare providers; (2) Healthcare providers are prohibited legally and ethically from abandoning a patient before treatment has been concluded; (3) When a healthcare provider changes practice locations, steps are necessary to ensure that the patient's continuity of care and the legal and ethical obligations of the healthcare provider are fulfilled; and (4) Patients should be informed about any change in the practice location of their treating healthcare provider and should not be prevented from receiving this type of information.

(1) Patients are entitled to continuity of care with their healthcare providers;

(2) Healthcare providers are prohibited legally and ethically from abandoning a patient before treatment has been concluded;

(3) When a healthcare provider changes practice locations, steps are necessary to ensure that the patient's continuity of care and the legal and ethical obligations of the healthcare provider are fulfilled; and

(4) Patients should be informed about any change in the practice location of their treating healthcare provider and should not be prevented from receiving this type of information.

(b) The purpose of this subchapter is to remove and prevent impediments to patients' maintaining continuity of care and keeping their treatment relationship with their chosen healthcare provider.

Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Ark. Code Ann. § 20-9-1304 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1304
Standards for professional review actions and professional review activities
Status: in_force

(a) Professional review activity shall be conducted and professional review actions shall be taken in compliance with the requirements of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., and the additional requirements of this subchapter. (b) (1) If at any meeting or hearing held in the course of a professional review activity, an attorney is participating on behalf of a professional review body and the physician under review is present, then the physician under review shall be permitted to have the attorney of the physician present. (2) Subdivision (b)(1) of this section does not: (A) Entitle the attorney of the physician to appear at any meeting or hearing where an attorney participating on behalf of the peer review body is not present, except as provided in § 20-9-1310 ; (B) Prohibit confidential attorney-client communications by any party; or (C) Prohibit a professional review body from meeting in private with its attorney. (c) The General Assembly encourages: (1) Professional review bodies to use separate legal counsel from the legal counsel used by the hospital; and (2) Medical staff to obtain independent legal counsel to review medical staff bylaws to ensure that the bylaws contain provisions that comply with this subchapter. (d) (1) A physician engaged in professional review activities shall exercise unbiased, independent, and professional judgment when evaluating another physician. (2) A hospital shall not take action against or otherwise retaliate against a physician for exercising unbiased, independent, and professional judgment when evaluating another physician during the course of a professional review activity. Amended by Act 2017, No. 975,§ 1, eff. 8/1/2017. Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.

(a) Professional review activity shall be conducted and professional review actions shall be taken in compliance with the requirements of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., and the additional requirements of this subchapter.

(b) (1) If at any meeting or hearing held in the course of a professional review activity, an attorney is participating on behalf of a professional review body and the physician under review is present, then the physician under review shall be permitted to have the attorney of the physician present. (2) Subdivision (b)(1) of this section does not: (A) Entitle the attorney of the physician to appear at any meeting or hearing where an attorney participating on behalf of the peer review body is not present, except as provided in § 20-9-1310 ; (B) Prohibit confidential attorney-client communications by any party; or (C) Prohibit a professional review body from meeting in private with its attorney.

(1) If at any meeting or hearing held in the course of a professional review activity, an attorney is participating on behalf of a professional review body and the physician under review is present, then the physician under review shall be permitted to have the attorney of the physician present.

(2) Subdivision (b)(1) of this section does not: (A) Entitle the attorney of the physician to appear at any meeting or hearing where an attorney participating on behalf of the peer review body is not present, except as provided in § 20-9-1310 ; (B) Prohibit confidential attorney-client communications by any party; or (C) Prohibit a professional review body from meeting in private with its attorney.

(A) Entitle the attorney of the physician to appear at any meeting or hearing where an attorney participating on behalf of the peer review body is not present, except as provided in § 20-9-1310 ;

(B) Prohibit confidential attorney-client communications by any party; or

(C) Prohibit a professional review body from meeting in private with its attorney.

(c) The General Assembly encourages: (1) Professional review bodies to use separate legal counsel from the legal counsel used by the hospital; and (2) Medical staff to obtain independent legal counsel to review medical staff bylaws to ensure that the bylaws contain provisions that comply with this subchapter.

(1) Professional review bodies to use separate legal counsel from the legal counsel used by the hospital; and

(2) Medical staff to obtain independent legal counsel to review medical staff bylaws to ensure that the bylaws contain provisions that comply with this subchapter.

(d) (1) A physician engaged in professional review activities shall exercise unbiased, independent, and professional judgment when evaluating another physician. (2) A hospital shall not take action against or otherwise retaliate against a physician for exercising unbiased, independent, and professional judgment when evaluating another physician during the course of a professional review activity.

(1) A physician engaged in professional review activities shall exercise unbiased, independent, and professional judgment when evaluating another physician.

(2) A hospital shall not take action against or otherwise retaliate against a physician for exercising unbiased, independent, and professional judgment when evaluating another physician during the course of a professional review activity.

Amended by Act 2017, No. 975,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-6-301 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Physician Order for Life-Sustaining Treatment Act". Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

This subchapter shall be known and may be cited as the "Arkansas Physician Order for Life-Sustaining Treatment Act".

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-7-146 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-146
Prohibition on requirement for vaccine or immunization for coronavirus 2019 (COVID-19)
Status: in_force

(a) As used in this section, "coerce" means: (1) Using physical violence, threats, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; (2) Making conditional a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or (3) Using any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not. (b) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not mandate or require an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both. (c) Receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, shall not be a condition of education, employment, entry, or services from the state or a state agency or entity or for obtaining a licensure, certificate, or permit from a state agency or entity. (d) The Department of Health shall maintain information and data on any potential risks and harms associated with the administration of the vaccine or immunization for coronavirus 2019 (COVID-19) and any subvariants of coronavirus 2019 (COVID-19), and shall make the information and data publicly available. (e) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not discriminate against or coerce in any way an individual for refusing to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, including without limitation: (1) Coercing an employee into consenting to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both; (2) Withholding the opportunity for career advancement from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both; or (3) Withholding a salary, a wage increase, insurance, or insurance discounts from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both. (f) If the state, a state agency or entity, a political subdivision of the state, or a state or local official determines that necessary federal funding is dependent upon an individual in this state receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, the state, state agency or entity, political subdivision of the state, or state or local official shall receive approval from the Legislative Council to mandate or require the individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, before mandating or requiring an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both. Added by Act 2023EX1, No. 4,§ 1, eff. 9/14/2023. Added by Act 2023EX1, No. 10,§ 1, eff. 9/14/2023.

(a) As used in this section, "coerce" means: (1) Using physical violence, threats, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; (2) Making conditional a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or (3) Using any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(1) Using physical violence, threats, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not;

(2) Making conditional a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or

(3) Using any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(b) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not mandate or require an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both.

(c) Receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, shall not be a condition of education, employment, entry, or services from the state or a state agency or entity or for obtaining a licensure, certificate, or permit from a state agency or entity.

(d) The Department of Health shall maintain information and data on any potential risks and harms associated with the administration of the vaccine or immunization for coronavirus 2019 (COVID-19) and any subvariants of coronavirus 2019 (COVID-19), and shall make the information and data publicly available.

(e) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not discriminate against or coerce in any way an individual for refusing to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, including without limitation: (1) Coercing an employee into consenting to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both; (2) Withholding the opportunity for career advancement from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both; or (3) Withholding a salary, a wage increase, insurance, or insurance discounts from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both.

(1) Coercing an employee into consenting to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both;

(2) Withholding the opportunity for career advancement from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both; or

(3) Withholding a salary, a wage increase, insurance, or insurance discounts from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both.

(f) If the state, a state agency or entity, a political subdivision of the state, or a state or local official determines that necessary federal funding is dependent upon an individual in this state receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, the state, state agency or entity, political subdivision of the state, or state or local official shall receive approval from the Legislative Council to mandate or require the individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, before mandating or requiring an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both.

Added by Act 2023EX1, No. 4,§ 1, eff. 9/14/2023.

Added by Act 2023EX1, No. 10,§ 1, eff. 9/14/2023.
Ark. Code Ann. § 20-18-702 — AR Code / Title 20 / Chapter 18 / Subchapter 7 / Section 20-18-702
Creation
Status: in_force

(a) (1) There is established in the Department of Health a Putative Father Registry. (2) The purpose of the registry is to entitle putative fathers to notice of legal proceedings pertaining to the child for whom the putative father has registered. (3) A putative father shall establish a significant custodial, personal, or financial relationship with the child before the putative father's rights attach. (b) (1) Upon receipt of a written statement signed and acknowledged by the registrant before a notary public, the registry shall record the following information: (A) The name, address, and Social Security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court; (B) The name, last known address, and Social Security number, if known, of the mother of the child; (C) The name of the child, if born, and the location and date of birth, if known; and (D) The date and time of receipt, which the department shall note on the written statement signed and acknowledged by the registrant. (2) (A) The department shall provide a form to be used by the registrant. (B) There shall be no fee required of the registrant to file the affidavit. (c) The registry may accept the information before the birth of the child or at any time before the filing of a petition for adoption. (d) The registry shall forward a copy of the information to the mother as notification that the person has registered with the registry. (e) The registry shall maintain cross-reference indices by the name of the mother and the name of the child, if known. Acts 1989, No. 496, § 2; 1999, No. 1054, § 1; 2005, No. 200, §§ 1, 2.

(a) (1) There is established in the Department of Health a Putative Father Registry. (2) The purpose of the registry is to entitle putative fathers to notice of legal proceedings pertaining to the child for whom the putative father has registered. (3) A putative father shall establish a significant custodial, personal, or financial relationship with the child before the putative father's rights attach.

(1) There is established in the Department of Health a Putative Father Registry.

(2) The purpose of the registry is to entitle putative fathers to notice of legal proceedings pertaining to the child for whom the putative father has registered.

(3) A putative father shall establish a significant custodial, personal, or financial relationship with the child before the putative father's rights attach.

(b) (1) Upon receipt of a written statement signed and acknowledged by the registrant before a notary public, the registry shall record the following information: (A) The name, address, and Social Security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court; (B) The name, last known address, and Social Security number, if known, of the mother of the child; (C) The name of the child, if born, and the location and date of birth, if known; and (D) The date and time of receipt, which the department shall note on the written statement signed and acknowledged by the registrant. (2) (A) The department shall provide a form to be used by the registrant. (B) There shall be no fee required of the registrant to file the affidavit.

(1) Upon receipt of a written statement signed and acknowledged by the registrant before a notary public, the registry shall record the following information: (A) The name, address, and Social Security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court; (B) The name, last known address, and Social Security number, if known, of the mother of the child; (C) The name of the child, if born, and the location and date of birth, if known; and (D) The date and time of receipt, which the department shall note on the written statement signed and acknowledged by the registrant.

(A) The name, address, and Social Security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court;

(B) The name, last known address, and Social Security number, if known, of the mother of the child;

(C) The name of the child, if born, and the location and date of birth, if known; and

(D) The date and time of receipt, which the department shall note on the written statement signed and acknowledged by the registrant.

(2) (A) The department shall provide a form to be used by the registrant. (B) There shall be no fee required of the registrant to file the affidavit.

(A) The department shall provide a form to be used by the registrant.

(B) There shall be no fee required of the registrant to file the affidavit.

(c) The registry may accept the information before the birth of the child or at any time before the filing of a petition for adoption.

(d) The registry shall forward a copy of the information to the mother as notification that the person has registered with the registry.

(e) The registry shall maintain cross-reference indices by the name of the mother and the name of the child, if known.

Acts 1989, No. 496, § 2; 1999, No. 1054, § 1; 2005, No. 200, §§ 1, 2.
Ark. Code Ann. § 20-17-1303 — AR Code / Title 20 / Chapter 17 / Subchapter 13 / Section 20-17-1303
Insolvent Cemetery Grant Fund
Status: in_force

An Insolvent Cemetery Grant Fund is established within the general operating fund of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress as determined by the board. Amended by Act 2017, No. 788,§ 62, eff. 7/1/2018. Amended by Act 2015, No. 990,§ 1, eff. 7/22/2015. Acts 2009, No. 429, § 3.

An Insolvent Cemetery Grant Fund is established within the general operating fund of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the care and improvement of a perpetual care cemetery that is insolvent or in financial distress as determined by the board.

Amended by Act 2017, No. 788,§ 62, eff. 7/1/2018.

Amended by Act 2015, No. 990,§ 1, eff. 7/22/2015.

Acts 2009, No. 429, § 3.
Ark. Code Ann. § 20-15-1805 — AR Code / Title 20 / Chapter 15 / Subchapter 18 / Section 20-15-1805
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 46, eff. 8/1/2017. Acts 2007, No. 842, § 2.

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

Acts 2007, No. 842, § 2.
Ark. Code Ann. § 20-16-403 — AR Code / Title 20 / Chapter 16 / Subchapter 4 / Section 20-16-403
Information from neighboring states
Status: in_force

The University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall have the power to enter into agreements with neighboring states consistent with the requirements and restrictions of this subchapter in order to obtain relevant information concerning Arkansas residents who receive health-related services outside the state. Acts 1983, No. 773, § 5; A.S.A. 1947, § 82-4605.

The University of Arkansas for Medical Sciences, Arkansas Children's Hospital, and the Centers for Disease Control and Prevention shall have the power to enter into agreements with neighboring states consistent with the requirements and restrictions of this subchapter in order to obtain relevant information concerning Arkansas residents who receive health-related services outside the state.

Acts 1983, No. 773, § 5; A.S.A. 1947, § 82-4605.
Ark. Code Ann. § 20-58-202 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs; (2) "Candle" means to determine the interior quality based on the use of a candling light as defined in the United States standards; (3) "Case" means a container of thirty dozen (30 doz.) shell eggs; (4) "Consumer" means any person using eggs for food and shall include restaurants, hotels, cafeterias, hospitals, state institutions, and any other establishments serving food to be consumed or produced on the premises, but shall not include the United States Armed Forces or any other federal agency or institution; (5) "Container" includes any carton, basket, case, cart, pallet, or other receptacle: (A) "Immediate container" means any package or other container in which shell eggs are packed for household or other ultimate consumers; and (B) "Shipping container" means any container used in packing shell eggs packaged in an immediate container; (6) "Dealer-wholesaler" means a person engaged in the business of buying eggs from producers or other persons on his or her own account and selling or transferring eggs to other dealer-wholesalers, processors, retailers, or other persons and consumers. A dealer-wholesaler further means a person engaged in producing eggs from his or her own flock and disposing of any portion of this production on a graded basis; (7) "Denatured" means rendering unfit for human food by treatment or the addition of a foreign substance as approved by the Administrator of the Agricultural Marketing Service of the United States Department of Agriculture; (8) "Eggs" means the products of the domesticated chicken hen and any other eggs offered for sale for human consumption; (9) "Inedible and unfit for human food" means eggs described as black rots, white rots, mixed rots or addled eggs, sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks at or beyond the blood ring stage, and any eggs that are adulterated as that term is defined in the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.; (10) "Packer" means any person who grades, sizes, candles, and packs eggs for purposes of resale; (11) "Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not; (12) "Possession" means that the fact of possession by any person engaged in the sale of a commodity is prima facie evidence that the commodity is for sale; (13) "Processor" means a person who operates a plant for the purpose of breaking eggs for freezing, drying, or commercial food manufacturing; (14) "Retailer" means any person who sells eggs to a consumer; (15) "Sell" means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade; and (16) "The Egg Products Inspection Act" means Pub. L. No. 91-597, Egg Products Inspection Act, dated December 29, 1970. Amended by Act 2023, No. 598,§ 1, eff. 8/1/2023. Acts 1969, No. 220, § 2; 1985, No. 301, § 1; A.S.A. 1947, § 82-1302; Acts 1993, No. 115, § 1.

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

(1) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs;

(2) "Candle" means to determine the interior quality based on the use of a candling light as defined in the United States standards;

(3) "Case" means a container of thirty dozen (30 doz.) shell eggs;

(4) "Consumer" means any person using eggs for food and shall include restaurants, hotels, cafeterias, hospitals, state institutions, and any other establishments serving food to be consumed or produced on the premises, but shall not include the United States Armed Forces or any other federal agency or institution;

(5) "Container" includes any carton, basket, case, cart, pallet, or other receptacle: (A) "Immediate container" means any package or other container in which shell eggs are packed for household or other ultimate consumers; and (B) "Shipping container" means any container used in packing shell eggs packaged in an immediate container;

(A) "Immediate container" means any package or other container in which shell eggs are packed for household or other ultimate consumers; and

(B) "Shipping container" means any container used in packing shell eggs packaged in an immediate container;

(6) "Dealer-wholesaler" means a person engaged in the business of buying eggs from producers or other persons on his or her own account and selling or transferring eggs to other dealer-wholesalers, processors, retailers, or other persons and consumers. A dealer-wholesaler further means a person engaged in producing eggs from his or her own flock and disposing of any portion of this production on a graded basis;

(7) "Denatured" means rendering unfit for human food by treatment or the addition of a foreign substance as approved by the Administrator of the Agricultural Marketing Service of the United States Department of Agriculture;

(8) "Eggs" means the products of the domesticated chicken hen and any other eggs offered for sale for human consumption;

(9) "Inedible and unfit for human food" means eggs described as black rots, white rots, mixed rots or addled eggs, sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks at or beyond the blood ring stage, and any eggs that are adulterated as that term is defined in the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.;

(10) "Packer" means any person who grades, sizes, candles, and packs eggs for purposes of resale;

(11) "Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not;

(12) "Possession" means that the fact of possession by any person engaged in the sale of a commodity is prima facie evidence that the commodity is for sale;

(13) "Processor" means a person who operates a plant for the purpose of breaking eggs for freezing, drying, or commercial food manufacturing;

(14) "Retailer" means any person who sells eggs to a consumer;

(15) "Sell" means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade; and

(16) "The Egg Products Inspection Act" means Pub. L. No. 91-597, Egg Products Inspection Act, dated December 29, 1970.

Amended by Act 2023, No. 598,§ 1, eff. 8/1/2023.

Acts 1969, No. 220, § 2; 1985, No. 301, § 1; A.S.A. 1947, § 82-1302; Acts 1993, No. 115, § 1.
Ark. Code Ann. § 20-37-101 — AR Code / Title 20 / Chapter 37 / Section 20-37-101
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015. Acts 2003, No. 1816, § 1.

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.

Acts 2003, No. 1816, § 1.
Ark. Code Ann. § 20-23-308 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-308
New boilers and unfired pressure vessels - Fees
Status: in_force

(a) The following fees shall be paid before permits may be issued for the installation of any boiler or unfired pressure vessel: (1) Boilers: (A) Up to 25 horsepower, incl. ............... $15.00 (B) Over 25 horsepower to 50 horsepower, incl. ............... 20.00 (C) Over 50 horsepower to 100 horsepower, incl. ............... 25.00 (D) Over 100 horsepower to 200 horsepower, incl. ............... 30.00 (E) Over 200 horsepower to 300 horsepower, incl. ............... 50.00 (F) Over 300 horsepower to 400 horsepower, incl. ............... 60.00 (G) Over 400 horsepower to 500 horsepower, incl. ............... 70.00 (H) Over 500 horsepower ............... 95.00 (2) Unfired pressure vessels, including hot water storage containers: (A) 500 gallons capacity or less ............... $15.00 (B) 501 gallons capacity to 1,000 gallons capacity ............... 20.00 (C) 1,001 gallons capacity to 5,000 gallons capacity ............... 40.00 (D) 5,001 gallons capacity and over ............... 50.00 (b) The fee paid for the issuance of a permit for the installation of pressure piping shall be one hundred dollars ($100). Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1993, No. 477, § 6.

(a) The following fees shall be paid before permits may be issued for the installation of any boiler or unfired pressure vessel: (1) Boilers: (A) Up to 25 horsepower, incl. ............... $15.00 (B) Over 25 horsepower to 50 horsepower, incl. ............... 20.00 (C) Over 50 horsepower to 100 horsepower, incl. ............... 25.00 (D) Over 100 horsepower to 200 horsepower, incl. ............... 30.00 (E) Over 200 horsepower to 300 horsepower, incl. ............... 50.00 (F) Over 300 horsepower to 400 horsepower, incl. ............... 60.00 (G) Over 400 horsepower to 500 horsepower, incl. ............... 70.00 (H) Over 500 horsepower ............... 95.00 (2) Unfired pressure vessels, including hot water storage containers: (A) 500 gallons capacity or less ............... $15.00 (B) 501 gallons capacity to 1,000 gallons capacity ............... 20.00 (C) 1,001 gallons capacity to 5,000 gallons capacity ............... 40.00 (D) 5,001 gallons capacity and over ............... 50.00

(1) Boilers: (A) Up to 25 horsepower, incl. ............... $15.00 (B) Over 25 horsepower to 50 horsepower, incl. ............... 20.00 (C) Over 50 horsepower to 100 horsepower, incl. ............... 25.00 (D) Over 100 horsepower to 200 horsepower, incl. ............... 30.00 (E) Over 200 horsepower to 300 horsepower, incl. ............... 50.00 (F) Over 300 horsepower to 400 horsepower, incl. ............... 60.00 (G) Over 400 horsepower to 500 horsepower, incl. ............... 70.00 (H) Over 500 horsepower ............... 95.00

(A) Up to 25 horsepower, incl. ............... $15.00

(B) Over 25 horsepower to 50 horsepower, incl. ............... 20.00

(C) Over 50 horsepower to 100 horsepower, incl. ............... 25.00

(D) Over 100 horsepower to 200 horsepower, incl. ............... 30.00

(E) Over 200 horsepower to 300 horsepower, incl. ............... 50.00

(F) Over 300 horsepower to 400 horsepower, incl. ............... 60.00

(G) Over 400 horsepower to 500 horsepower, incl. ............... 70.00

(H) Over 500 horsepower ............... 95.00

(2) Unfired pressure vessels, including hot water storage containers: (A) 500 gallons capacity or less ............... $15.00 (B) 501 gallons capacity to 1,000 gallons capacity ............... 20.00 (C) 1,001 gallons capacity to 5,000 gallons capacity ............... 40.00 (D) 5,001 gallons capacity and over ............... 50.00

(A) 500 gallons capacity or less ............... $15.00

(B) 501 gallons capacity to 1,000 gallons capacity ............... 20.00

(C) 1,001 gallons capacity to 5,000 gallons capacity ............... 40.00

(D) 5,001 gallons capacity and over ............... 50.00

(b) The fee paid for the issuance of a permit for the installation of pressure piping shall be one hundred dollars ($100).

Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1993, No. 477, § 6.
Ark. Code Ann. § 20-10-2106 — AR Code / Title 20 / Chapter 10 / Subchapter 21 / Section 20-10-2106
Rules
Status: in_force

The Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation: (1) Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and (2) (A) Procedures by which a person in a long-term care facility may decline options counseling for long-term care. (B) (i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility. (ii) The form shall be limited to one (1) page and shall: (a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii); (b) List the date; (c) State the name of the resident or, if applicable, the resident's representative; (d) Contain checkboxes indicating that: (1) The office was notified of the admission; (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and (3) The resident or the resident's representative declined the options counseling for long-term care; (e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form; (f) Be signed by the resident or, if applicable, the resident's representative; and (g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer. Amended by Act 2019, No. 910,§ 5189, eff. 7/1/2019. Acts 2007, No. 516, § 1; 2009, No. 952, § 2.

The Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation:

(1) Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and

(2) (A) Procedures by which a person in a long-term care facility may decline options counseling for long-term care. (B) (i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility. (ii) The form shall be limited to one (1) page and shall: (a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii); (b) List the date; (c) State the name of the resident or, if applicable, the resident's representative; (d) Contain checkboxes indicating that: (1) The office was notified of the admission; (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and (3) The resident or the resident's representative declined the options counseling for long-term care; (e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form; (f) Be signed by the resident or, if applicable, the resident's representative; and (g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.

(A) Procedures by which a person in a long-term care facility may decline options counseling for long-term care.

(B) (i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility. (ii) The form shall be limited to one (1) page and shall: (a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii); (b) List the date; (c) State the name of the resident or, if applicable, the resident's representative; (d) Contain checkboxes indicating that: (1) The office was notified of the admission; (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and (3) The resident or the resident's representative declined the options counseling for long-term care; (e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form; (f) Be signed by the resident or, if applicable, the resident's representative; and (g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.

(i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility.

(ii) The form shall be limited to one (1) page and shall: (a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii); (b) List the date; (c) State the name of the resident or, if applicable, the resident's representative; (d) Contain checkboxes indicating that: (1) The office was notified of the admission; (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and (3) The resident or the resident's representative declined the options counseling for long-term care; (e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form; (f) Be signed by the resident or, if applicable, the resident's representative; and (g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.

(a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii);

(b) List the date;

(c) State the name of the resident or, if applicable, the resident's representative;

(d) Contain checkboxes indicating that: (1) The office was notified of the admission; (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and (3) The resident or the resident's representative declined the options counseling for long-term care;

(1) The office was notified of the admission;

(2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and

(3) The resident or the resident's representative declined the options counseling for long-term care;

(e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form;

(f) Be signed by the resident or, if applicable, the resident's representative; and

(g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.

Amended by Act 2019, No. 910,§ 5189, eff. 7/1/2019.

Acts 2007, No. 516, § 1; 2009, No. 952, § 2.
Ark. Code Ann. § 20-56-213 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-213
Misbranded cosmetic
Status: in_force

A cosmetic shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by rules prescribed by the State Board of Health; (3) If any word, statement, or other information required by or under authority of this subchapter to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or (4) If its container is so made, formed, or filled as to be misleading. Amended by Act 2019, No. 315,§ 2170, eff. 7/24/2019. Acts 1953, No. 415, § 17; A.S.A. 1947, § 82-1117.

A cosmetic shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by rules prescribed by the State Board of Health;

(A) The name and place of business of the manufacturer, packer, or distributor; and

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by rules prescribed by the State Board of Health;

(3) If any word, statement, or other information required by or under authority of this subchapter to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

(4) If its container is so made, formed, or filled as to be misleading.

Amended by Act 2019, No. 315,§ 2170, eff. 7/24/2019.

Acts 1953, No. 415, § 17; A.S.A. 1947, § 82-1117.