Ark. Code Ann. § 20-18-305 — AR Code / Title 20 / Chapter 18 / Subchapter 3 / Section 20-18-305
Issuance of certified copies and data from system of vital statistics
Status: in_force

In accordance with § 20-18-304 and the rules adopted pursuant to § 20-18-304 : (1) (A) The State Registrar of Vital Records and other custodians of vital records designated by the state registrar under § 20-18-203(b)(2) shall upon receipt of written application issue a certified copy of a vital record in their custody or a part thereof to the registrant, his or her spouse, child, parent, or guardian or his or her respective authorized designated representative. (B) A requester as defined in § 9-9-801 is authorized to obtain a certified copy of an adoptee's original certificate of birth. (C) Others may be authorized to obtain certified copies when they demonstrate that the vital record is needed for the determination or protection of their personal or property rights. (D) The State Board of Health may adopt rules to further define those who may obtain copies of vital records filed under this chapter; (2) All forms and procedures used in the issuance of certified copies of vital records in the state shall be uniform and approved by the state registrar. All certified copies issued shall have security features that deter persons from altering, counterfeiting, duplicating, or simulating the document; (3) Each copy or abstract issued shall show the date of registration and copies or abstracts issued from records marked "Delayed", "Amended", or "Certificate of Foreign Birth" shall be similarly marked and show the effective date; (4) A certified copy or other copy of a death certificate containing cause-of-death information shall not be issued except as follows: (A) Upon specific request of a spouse, child, parent, or other next of kin of the decedent or an authorized representative; (B) When a documented need for the cause of death to establish a legal right or claim has been demonstrated; (C) When the request for the copy is made by or on the behalf of an organization that provides benefits to the decedent's survivors or beneficiaries; (D) Upon specific request by local, state, or federal agencies for research or administrative purposes approved by the state registrar; (E) When needed for research activities approved by the state registrar; or (F) Upon receipt of an order from a court of competent jurisdiction ordering the release; (5) A certified copy of a vital record or any part thereof issued in accordance with subdivision (1) of this section shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or vital record filed more than one (1) year after the event, or a vital record which has been amended, or a certificate of foreign birth shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence; (6) The federal agency responsible for national vital statistics may be furnished such copies or data from the system of vital statistics as it may require for national statistics. The state registrar shall enter into an agreement with the federal agency that specifies the statistical or research purposes for which the records, reports, or data may be used. The agreement shall also set forth the support to be provided by the federal agency for the collection, processing, and transmission of such records, reports, or data. Upon written request of the federal agency, the state registrar may approve in writing additional statistical or research uses of the records, reports, or data supplied under the agreement; (7) Upon request, federal, state, local, and other public government agencies may be furnished copies of records, reports, or data, provided that the copies or data shall be used solely in the conduct of their official duties; (8) (A) (i) By agreement, the state registrar may transmit copies of records and other reports required by this chapter to offices of vital statistics outside this state when the records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. (ii) The agreement shall require that the transcripts be used for statistical and administrative purposes only as specified in the agreement. (iii) The agreement shall provide instruction for the proper retention and disposition of copies. (B) Copies received from other jurisdictions by the Division of Vital Records shall be handled in the same manner as prescribed in this subdivision (8); (9) When one hundred (100) years have elapsed after the date of birth or fifty (50) years have elapsed after the date of death, marriage, divorce, or annulment, the records of these events in the custody of the state registrar shall become available to the public without restriction, in accordance with rules which shall provide for the continued safekeeping of the records; (10) Nothing in this section shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth certificate or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce or annulment, unless specifically authorized by the state registrar for statistical or research purposes; (11) No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a vital record except as authorized in this chapter or rules adopted pursuant to this chapter; and (12) When the state registrar receives information that a certificate may have been registered through fraud or misrepresentation, he or she shall withhold issuance of any copy of that certificate pending an administrative hearing to determine whether fraud or misrepresentation has occurred. The state registrar shall offer the registrant or the registrant's authorized representative notice and opportunity to be heard. If upon conclusion of the hearing no fraud or misrepresentation is found, copies may be issued. If upon conclusion of the hearing, fraud or misrepresentation is found, the state registrar shall remove the certificate from the file. The certificate and evidence shall be retained but shall not be subject to inspection or copying, except upon order of a court of competent jurisdiction or by the state registrar for purposes of administering the vital statistics program. Amended by Act 2019, No. 315,§ 1962, eff. 7/24/2019. Amended by Act 2017, No. 519,§ 2, eff. 8/1/2017. Acts 1981, No. 120, § 23; A.S.A. 1947, § 82-523; Acts 1995, No. 1254, § 12.

In accordance with § 20-18-304 and the rules adopted pursuant to § 20-18-304 :

(1) (A) The State Registrar of Vital Records and other custodians of vital records designated by the state registrar under § 20-18-203(b)(2) shall upon receipt of written application issue a certified copy of a vital record in their custody or a part thereof to the registrant, his or her spouse, child, parent, or guardian or his or her respective authorized designated representative. (B) A requester as defined in § 9-9-801 is authorized to obtain a certified copy of an adoptee's original certificate of birth. (C) Others may be authorized to obtain certified copies when they demonstrate that the vital record is needed for the determination or protection of their personal or property rights. (D) The State Board of Health may adopt rules to further define those who may obtain copies of vital records filed under this chapter;

(A) The State Registrar of Vital Records and other custodians of vital records designated by the state registrar under § 20-18-203(b)(2) shall upon receipt of written application issue a certified copy of a vital record in their custody or a part thereof to the registrant, his or her spouse, child, parent, or guardian or his or her respective authorized designated representative.

(B) A requester as defined in § 9-9-801 is authorized to obtain a certified copy of an adoptee's original certificate of birth.

(C) Others may be authorized to obtain certified copies when they demonstrate that the vital record is needed for the determination or protection of their personal or property rights.

(D) The State Board of Health may adopt rules to further define those who may obtain copies of vital records filed under this chapter;

(2) All forms and procedures used in the issuance of certified copies of vital records in the state shall be uniform and approved by the state registrar. All certified copies issued shall have security features that deter persons from altering, counterfeiting, duplicating, or simulating the document;

(3) Each copy or abstract issued shall show the date of registration and copies or abstracts issued from records marked "Delayed", "Amended", or "Certificate of Foreign Birth" shall be similarly marked and show the effective date;

(4) A certified copy or other copy of a death certificate containing cause-of-death information shall not be issued except as follows: (A) Upon specific request of a spouse, child, parent, or other next of kin of the decedent or an authorized representative; (B) When a documented need for the cause of death to establish a legal right or claim has been demonstrated; (C) When the request for the copy is made by or on the behalf of an organization that provides benefits to the decedent's survivors or beneficiaries; (D) Upon specific request by local, state, or federal agencies for research or administrative purposes approved by the state registrar; (E) When needed for research activities approved by the state registrar; or (F) Upon receipt of an order from a court of competent jurisdiction ordering the release;

(A) Upon specific request of a spouse, child, parent, or other next of kin of the decedent or an authorized representative;

(B) When a documented need for the cause of death to establish a legal right or claim has been demonstrated;

(C) When the request for the copy is made by or on the behalf of an organization that provides benefits to the decedent's survivors or beneficiaries;

(D) Upon specific request by local, state, or federal agencies for research or administrative purposes approved by the state registrar;

(E) When needed for research activities approved by the state registrar; or

(F) Upon receipt of an order from a court of competent jurisdiction ordering the release;

(5) A certified copy of a vital record or any part thereof issued in accordance with subdivision (1) of this section shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or vital record filed more than one (1) year after the event, or a vital record which has been amended, or a certificate of foreign birth shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence;

(6) The federal agency responsible for national vital statistics may be furnished such copies or data from the system of vital statistics as it may require for national statistics. The state registrar shall enter into an agreement with the federal agency that specifies the statistical or research purposes for which the records, reports, or data may be used. The agreement shall also set forth the support to be provided by the federal agency for the collection, processing, and transmission of such records, reports, or data. Upon written request of the federal agency, the state registrar may approve in writing additional statistical or research uses of the records, reports, or data supplied under the agreement;

(7) Upon request, federal, state, local, and other public government agencies may be furnished copies of records, reports, or data, provided that the copies or data shall be used solely in the conduct of their official duties;

(8) (A) (i) By agreement, the state registrar may transmit copies of records and other reports required by this chapter to offices of vital statistics outside this state when the records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. (ii) The agreement shall require that the transcripts be used for statistical and administrative purposes only as specified in the agreement. (iii) The agreement shall provide instruction for the proper retention and disposition of copies. (B) Copies received from other jurisdictions by the Division of Vital Records shall be handled in the same manner as prescribed in this subdivision (8);

(A) (i) By agreement, the state registrar may transmit copies of records and other reports required by this chapter to offices of vital statistics outside this state when the records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. (ii) The agreement shall require that the transcripts be used for statistical and administrative purposes only as specified in the agreement. (iii) The agreement shall provide instruction for the proper retention and disposition of copies.

(i) By agreement, the state registrar may transmit copies of records and other reports required by this chapter to offices of vital statistics outside this state when the records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions.

(ii) The agreement shall require that the transcripts be used for statistical and administrative purposes only as specified in the agreement.

(iii) The agreement shall provide instruction for the proper retention and disposition of copies.

(B) Copies received from other jurisdictions by the Division of Vital Records shall be handled in the same manner as prescribed in this subdivision (8);

(9) When one hundred (100) years have elapsed after the date of birth or fifty (50) years have elapsed after the date of death, marriage, divorce, or annulment, the records of these events in the custody of the state registrar shall become available to the public without restriction, in accordance with rules which shall provide for the continued safekeeping of the records;

(10) Nothing in this section shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth certificate or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce or annulment, unless specifically authorized by the state registrar for statistical or research purposes;

(11) No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a vital record except as authorized in this chapter or rules adopted pursuant to this chapter; and

(12) When the state registrar receives information that a certificate may have been registered through fraud or misrepresentation, he or she shall withhold issuance of any copy of that certificate pending an administrative hearing to determine whether fraud or misrepresentation has occurred. The state registrar shall offer the registrant or the registrant's authorized representative notice and opportunity to be heard. If upon conclusion of the hearing no fraud or misrepresentation is found, copies may be issued. If upon conclusion of the hearing, fraud or misrepresentation is found, the state registrar shall remove the certificate from the file. The certificate and evidence shall be retained but shall not be subject to inspection or copying, except upon order of a court of competent jurisdiction or by the state registrar for purposes of administering the vital statistics program.

Amended by Act 2019, No. 315,§ 1962, eff. 7/24/2019.

Amended by Act 2017, No. 519,§ 2, eff. 8/1/2017.

Acts 1981, No. 120, § 23; A.S.A. 1947, § 82-523; Acts 1995, No. 1254, § 12.
Ark. Code Ann. § 20-15-1504 — AR Code / Title 20 / Chapter 15 / Subchapter 15 / Section 20-15-1504
Testing - Results
Status: in_force

(a) After July 30, 1999, and promulgation of rules, every birthing hospital in this state with more than fifty (50) births per year shall provide or arrange for a bilateral physiological hearing screening on each birth admission. Medicaid shall reimburse the birthing hospital for the physiological screening with the reimbursement equal to that amount paid outpatient providers for the same service in addition to the current rate of per diem paid to the hospital. (b) Any birthing hospital, provider, or physician administering initial hearing screenings to newborns and infants shall forward test results on a screening report to the Department of Health by the fifteenth day of the month following the month in which the test was conducted. (c) Any birthing hospital, provider, or physician screening newborns and infants shall provide information on locations at which medical and audiological follow-up care and follow-up screening can be obtained by the parents or guardians of the newborns and infants. (d) All providers or physicians completing follow-up screening or follow-up care for the hearing impairment shall forward test results on a screening report to the department by the fifteenth day of the month following the month in which the test was conducted. Amended by Act 2019, No. 315,§ 1948, eff. 7/24/2019. Acts 1999, No. 1559, § 4.

(a) After July 30, 1999, and promulgation of rules, every birthing hospital in this state with more than fifty (50) births per year shall provide or arrange for a bilateral physiological hearing screening on each birth admission. Medicaid shall reimburse the birthing hospital for the physiological screening with the reimbursement equal to that amount paid outpatient providers for the same service in addition to the current rate of per diem paid to the hospital.

(b) Any birthing hospital, provider, or physician administering initial hearing screenings to newborns and infants shall forward test results on a screening report to the Department of Health by the fifteenth day of the month following the month in which the test was conducted.

(c) Any birthing hospital, provider, or physician screening newborns and infants shall provide information on locations at which medical and audiological follow-up care and follow-up screening can be obtained by the parents or guardians of the newborns and infants.

(d) All providers or physicians completing follow-up screening or follow-up care for the hearing impairment shall forward test results on a screening report to the department by the fifteenth day of the month following the month in which the test was conducted.

Amended by Act 2019, No. 315,§ 1948, eff. 7/24/2019.

Acts 1999, No. 1559, § 4.
Ark. Code Ann. § 20-59-406 — AR Code / Title 20 / Chapter 59 / Subchapter 4 / Section 20-59-406
Motor vehicles
Status: in_force

(a) Vehicles purchased with milk inspection fee funds or assigned to the Grade "A" Milk and Milk Products Inspection and Regulation Program shall be at the disposal of personnel of the program, provided in case of emergency or natural disaster that the motor vehicles may be used at the discretion of the Director of the Division of Environmental Health Protection of the Department of Health. (b) Motor vehicles purchased with moneys from the Milk Inspection Fees Fund shall not be loaned, transferred, or assigned to any other state agency on a permanent basis. (c) Any moneys received from the sale or trade of motor vehicles purchased with funds from the fund shall be credited to the fund. Acts 1981, No. 587, §§ 6-8; A.S.A. 1947, §§ 82-4011 -- 82-4013.

(a) Vehicles purchased with milk inspection fee funds or assigned to the Grade "A" Milk and Milk Products Inspection and Regulation Program shall be at the disposal of personnel of the program, provided in case of emergency or natural disaster that the motor vehicles may be used at the discretion of the Director of the Division of Environmental Health Protection of the Department of Health.

(b) Motor vehicles purchased with moneys from the Milk Inspection Fees Fund shall not be loaned, transferred, or assigned to any other state agency on a permanent basis.

(c) Any moneys received from the sale or trade of motor vehicles purchased with funds from the fund shall be credited to the fund.

Acts 1981, No. 587, §§ 6-8; A.S.A. 1947, §§ 82-4011 -- 82-4013.
Ark. Code Ann. § 20-59-215 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-215
Unlawful acts - False tests
Status: in_force

It shall be unlawful, in determining the value of milk, cream, or other dairy products by the use of the Babcock test, to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy products actually contain, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of milk, cream, or other dairy products to be tested an inaccurate sample for the test. The result of a test reported to the producer for the basis of the payment must be the same as the laboratory record of the test, all records to be in indelible pencil or ink and filed for a period of at least sixty (60) days. All samples of milk or cream, tests of which are to be used as a basis of payment, shall be kept in a cool place in tightly stoppered or tightly covered jars for at least twenty-four (24) hours after the test of the samples has been completed. Where Sundays and holidays intervene, samples shall be held for forty-eight (48) hours after completing the tests. Samples of whole milk shall be treated with proper preservatives to ensure accuracy of the test. Samples of milk for testing shall not be gathered over a period of more than sixteen (16) days, and the samples of milk shall be tested immediately after the period of gathering the samples. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful, in determining the value of milk, cream, or other dairy products by the use of the Babcock test, to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy products actually contain, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of milk, cream, or other dairy products to be tested an inaccurate sample for the test. The result of a test reported to the producer for the basis of the payment must be the same as the laboratory record of the test, all records to be in indelible pencil or ink and filed for a period of at least sixty (60) days. All samples of milk or cream, tests of which are to be used as a basis of payment, shall be kept in a cool place in tightly stoppered or tightly covered jars for at least twenty-four (24) hours after the test of the samples has been completed. Where Sundays and holidays intervene, samples shall be held for forty-eight (48) hours after completing the tests. Samples of whole milk shall be treated with proper preservatives to ensure accuracy of the test. Samples of milk for testing shall not be gathered over a period of more than sixteen (16) days, and the samples of milk shall be tested immediately after the period of gathering the samples.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-77-1704 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1704
Provider administrative appeals allowed
Status: in_force

(a) The General Assembly finds it necessary to: (1) Clarify its intent that providers have the right to fair and impartial administrative appeals; and (2) Emphasize that this right of appeal is to be liberally construed and not limited through technical or procedural arguments by the Department of Human Services. (b) (1) (A) In response to an adverse decision, a provider may appeal on behalf of the recipient or on its own behalf, or both, regardless of whether the provider is an individual or a corporation. (B) (i) A provider appeal shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except as otherwise provided in this subchapter. (ii) Multiple appeals by the same provider may be consolidated. (C) An administrative law judge employed by the Department of Health shall conduct all Medicaid provider administrative appeals of adverse decisions under this subchapter. (2) The provider may appear: (A) In person or through a corporate representative; or (B) With prior notice to the Department of Health, through legal counsel. (3) (A) A Medicaid recipient may attend any hearing related to his or her care, but the Department of Health may not make his or her participation a requirement for provider appeals. (B) The Department of Health may compel the recipient's presence via subpoena, but failure of the recipient to appear shall not preclude the provider appeal. (c) (1) An administrative law judge shall be guided by the need to reach a just determination and may depart from strict adherence to the formal rules of evidence. (2) An administrative law judge shall exclude irrelevant, immaterial, and unduly repetitious evidence. (3) An administrative law judge shall receive oral or documentary evidence not privileged if the oral or documentary evidence is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. (4) An administrative law judge shall rule on each evidentiary objection, and the objection and ruling shall be noted of record. (d) (1) (A) If a provider submits evidence that the Department of Human Services has not had an opportunity to consider before the hearing, an administrative law judge shall continue the hearing for thirty (30) days to allow the Department of Human Services to review the evidence. (B) An administrative law judge may extend the thirty-day continuance under subdivision (d)(1)(A) of this section for good cause. (2) Before the end of a continuation under subdivision (d)(1) of this section, the Department of Human Services shall send the provider and the administrative law judge notice stating whether the Department of Human Services will modify its decision with an explanation of the modification. (3) (A) Unless the provider notifies the administrative law judge and the Department of Human Services that the provider wishes to withdraw its appeal, the administrative law judge shall notify the parties of the date and time at which the hearing will continue. (B) The date under subdivision (d)(3)(A) of this section shall be no later than thirty (30) days after the Department of Human Services' notification under subdivision (d)(2) of this section. (e) A provider does not have standing to appeal a decision denying payment or ordering recoupment of payments already made if the provider has not furnished any service for which payment has been denied. (f) (1) Providers, like Medicaid recipients, have standing to appeal to circuit court unfavorable administrative decisions under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) The Department of Human Services may seek judicial review of a final, appealable order issued by an administrative law judge. (g) Burdens of proof shall be determined under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (h) (1) (A) A final decision by an administrative law judge in favor of a provider is a final appealable order. (B) A final decision under this section shall not be overturned by the Director of the Division of Medical Services of the Department of Human Services or another official within the Department of Human Services. (2) (A) Within thirty (30) days after August 16, 2013, the Department of Human Services shall request a waiver from the Centers for Medicare & Medicaid Services of the single state agency requirement contained in 42 C.F.R. § 431.10 to allow final decisions in Medicaid provider administrative appeals to be issued by an administrative law judge in a separate agency. (B) An administrative law judge shall follow the rules adopted by the Department of Human Services in making final decisions. (3) The Department of Human Services shall make available to the public all communications with regard to the waiver application under subdivision (h)(2)(A) of this section and shall work jointly with provider representatives to obtain and maintain approval for the waiver. (i) (1) Until the waiver under subdivision (h)(2) of this section is approved, an administrative law judge's decision shall constitute a recommended decision to the Director of the Division of Medical Services. (2) (A) The Director of the Division of Medical Services, upon a review of the record submitted by an administrative law judge, shall adopt, reject, or modify the recommended decision. (B) A modification or rejection of an administrative law judge's decision shall state with particularity the reasons for the modification or rejection, shall include references to the record, and shall constitute the final decision. (C) As an alternative to the process under subdivision (i)(2)(B) of this section, the Director of the Division of Medical Services may remand the decision to the administrative law judge with additional guidance on Medicaid policy. (3) (A) The Director of the Division of Medical Services shall issue a final decision under this subsection within thirty (30) days after receipt of the administrative law judge's decision. (B) Unless the Director of the Division of Medical Services modifies or rejects the recommended decision of the administrative law judge within thirty (30) days after receipt of the administrative law judge's decision, the recommended decision is the final decision. (j) If an administrative appeal is filed by both provider and recipient concerning the same subject matter, then the department may consolidate the appeals. (k) (1) This subchapter shall apply to all pending and subsequent appeals that have not been finally resolved at the administrative or judicial level as of April 5, 2005. (2) The amendatory provisions of this act apply to a pending and subsequent appeal that has not been finally resolved at the administrative or judicial level on August 16, 2013. Amended by Act 2013, No. 562,§ 4, eff. 8/16/2013. Acts 2005, No. 1758, § 1.

(a) The General Assembly finds it necessary to: (1) Clarify its intent that providers have the right to fair and impartial administrative appeals; and (2) Emphasize that this right of appeal is to be liberally construed and not limited through technical or procedural arguments by the Department of Human Services.

(1) Clarify its intent that providers have the right to fair and impartial administrative appeals; and

(2) Emphasize that this right of appeal is to be liberally construed and not limited through technical or procedural arguments by the Department of Human Services.

(b) (1) (A) In response to an adverse decision, a provider may appeal on behalf of the recipient or on its own behalf, or both, regardless of whether the provider is an individual or a corporation. (B) (i) A provider appeal shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except as otherwise provided in this subchapter. (ii) Multiple appeals by the same provider may be consolidated. (C) An administrative law judge employed by the Department of Health shall conduct all Medicaid provider administrative appeals of adverse decisions under this subchapter. (2) The provider may appear: (A) In person or through a corporate representative; or (B) With prior notice to the Department of Health, through legal counsel. (3) (A) A Medicaid recipient may attend any hearing related to his or her care, but the Department of Health may not make his or her participation a requirement for provider appeals. (B) The Department of Health may compel the recipient's presence via subpoena, but failure of the recipient to appear shall not preclude the provider appeal.

(1) (A) In response to an adverse decision, a provider may appeal on behalf of the recipient or on its own behalf, or both, regardless of whether the provider is an individual or a corporation. (B) (i) A provider appeal shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except as otherwise provided in this subchapter. (ii) Multiple appeals by the same provider may be consolidated. (C) An administrative law judge employed by the Department of Health shall conduct all Medicaid provider administrative appeals of adverse decisions under this subchapter.

(A) In response to an adverse decision, a provider may appeal on behalf of the recipient or on its own behalf, or both, regardless of whether the provider is an individual or a corporation.

(B) (i) A provider appeal shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except as otherwise provided in this subchapter. (ii) Multiple appeals by the same provider may be consolidated.

(i) A provider appeal shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except as otherwise provided in this subchapter.

(ii) Multiple appeals by the same provider may be consolidated.

(C) An administrative law judge employed by the Department of Health shall conduct all Medicaid provider administrative appeals of adverse decisions under this subchapter.

(2) The provider may appear: (A) In person or through a corporate representative; or (B) With prior notice to the Department of Health, through legal counsel.

(A) In person or through a corporate representative; or

(B) With prior notice to the Department of Health, through legal counsel.

(3) (A) A Medicaid recipient may attend any hearing related to his or her care, but the Department of Health may not make his or her participation a requirement for provider appeals. (B) The Department of Health may compel the recipient's presence via subpoena, but failure of the recipient to appear shall not preclude the provider appeal.

(A) A Medicaid recipient may attend any hearing related to his or her care, but the Department of Health may not make his or her participation a requirement for provider appeals.

(B) The Department of Health may compel the recipient's presence via subpoena, but failure of the recipient to appear shall not preclude the provider appeal.

(c) (1) An administrative law judge shall be guided by the need to reach a just determination and may depart from strict adherence to the formal rules of evidence. (2) An administrative law judge shall exclude irrelevant, immaterial, and unduly repetitious evidence. (3) An administrative law judge shall receive oral or documentary evidence not privileged if the oral or documentary evidence is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. (4) An administrative law judge shall rule on each evidentiary objection, and the objection and ruling shall be noted of record.

(1) An administrative law judge shall be guided by the need to reach a just determination and may depart from strict adherence to the formal rules of evidence.

(2) An administrative law judge shall exclude irrelevant, immaterial, and unduly repetitious evidence.

(3) An administrative law judge shall receive oral or documentary evidence not privileged if the oral or documentary evidence is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs.

(4) An administrative law judge shall rule on each evidentiary objection, and the objection and ruling shall be noted of record.

(d) (1) (A) If a provider submits evidence that the Department of Human Services has not had an opportunity to consider before the hearing, an administrative law judge shall continue the hearing for thirty (30) days to allow the Department of Human Services to review the evidence. (B) An administrative law judge may extend the thirty-day continuance under subdivision (d)(1)(A) of this section for good cause. (2) Before the end of a continuation under subdivision (d)(1) of this section, the Department of Human Services shall send the provider and the administrative law judge notice stating whether the Department of Human Services will modify its decision with an explanation of the modification. (3) (A) Unless the provider notifies the administrative law judge and the Department of Human Services that the provider wishes to withdraw its appeal, the administrative law judge shall notify the parties of the date and time at which the hearing will continue. (B) The date under subdivision (d)(3)(A) of this section shall be no later than thirty (30) days after the Department of Human Services' notification under subdivision (d)(2) of this section.

(1) (A) If a provider submits evidence that the Department of Human Services has not had an opportunity to consider before the hearing, an administrative law judge shall continue the hearing for thirty (30) days to allow the Department of Human Services to review the evidence. (B) An administrative law judge may extend the thirty-day continuance under subdivision (d)(1)(A) of this section for good cause.

(A) If a provider submits evidence that the Department of Human Services has not had an opportunity to consider before the hearing, an administrative law judge shall continue the hearing for thirty (30) days to allow the Department of Human Services to review the evidence.

(B) An administrative law judge may extend the thirty-day continuance under subdivision (d)(1)(A) of this section for good cause.

(2) Before the end of a continuation under subdivision (d)(1) of this section, the Department of Human Services shall send the provider and the administrative law judge notice stating whether the Department of Human Services will modify its decision with an explanation of the modification.

(3) (A) Unless the provider notifies the administrative law judge and the Department of Human Services that the provider wishes to withdraw its appeal, the administrative law judge shall notify the parties of the date and time at which the hearing will continue. (B) The date under subdivision (d)(3)(A) of this section shall be no later than thirty (30) days after the Department of Human Services' notification under subdivision (d)(2) of this section.

(A) Unless the provider notifies the administrative law judge and the Department of Human Services that the provider wishes to withdraw its appeal, the administrative law judge shall notify the parties of the date and time at which the hearing will continue.

(B) The date under subdivision (d)(3)(A) of this section shall be no later than thirty (30) days after the Department of Human Services' notification under subdivision (d)(2) of this section.

(e) A provider does not have standing to appeal a decision denying payment or ordering recoupment of payments already made if the provider has not furnished any service for which payment has been denied.

(f) (1) Providers, like Medicaid recipients, have standing to appeal to circuit court unfavorable administrative decisions under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) The Department of Human Services may seek judicial review of a final, appealable order issued by an administrative law judge.

(1) Providers, like Medicaid recipients, have standing to appeal to circuit court unfavorable administrative decisions under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(2) The Department of Human Services may seek judicial review of a final, appealable order issued by an administrative law judge.

(g) Burdens of proof shall be determined under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(h) (1) (A) A final decision by an administrative law judge in favor of a provider is a final appealable order. (B) A final decision under this section shall not be overturned by the Director of the Division of Medical Services of the Department of Human Services or another official within the Department of Human Services. (2) (A) Within thirty (30) days after August 16, 2013, the Department of Human Services shall request a waiver from the Centers for Medicare & Medicaid Services of the single state agency requirement contained in 42 C.F.R. § 431.10 to allow final decisions in Medicaid provider administrative appeals to be issued by an administrative law judge in a separate agency. (B) An administrative law judge shall follow the rules adopted by the Department of Human Services in making final decisions. (3) The Department of Human Services shall make available to the public all communications with regard to the waiver application under subdivision (h)(2)(A) of this section and shall work jointly with provider representatives to obtain and maintain approval for the waiver.

(1) (A) A final decision by an administrative law judge in favor of a provider is a final appealable order. (B) A final decision under this section shall not be overturned by the Director of the Division of Medical Services of the Department of Human Services or another official within the Department of Human Services.

(A) A final decision by an administrative law judge in favor of a provider is a final appealable order.

(B) A final decision under this section shall not be overturned by the Director of the Division of Medical Services of the Department of Human Services or another official within the Department of Human Services.

(2) (A) Within thirty (30) days after August 16, 2013, the Department of Human Services shall request a waiver from the Centers for Medicare & Medicaid Services of the single state agency requirement contained in 42 C.F.R. § 431.10 to allow final decisions in Medicaid provider administrative appeals to be issued by an administrative law judge in a separate agency. (B) An administrative law judge shall follow the rules adopted by the Department of Human Services in making final decisions.

(A) Within thirty (30) days after August 16, 2013, the Department of Human Services shall request a waiver from the Centers for Medicare & Medicaid Services of the single state agency requirement contained in 42 C.F.R. § 431.10 to allow final decisions in Medicaid provider administrative appeals to be issued by an administrative law judge in a separate agency.

(B) An administrative law judge shall follow the rules adopted by the Department of Human Services in making final decisions.

(3) The Department of Human Services shall make available to the public all communications with regard to the waiver application under subdivision (h)(2)(A) of this section and shall work jointly with provider representatives to obtain and maintain approval for the waiver.

(i) (1) Until the waiver under subdivision (h)(2) of this section is approved, an administrative law judge's decision shall constitute a recommended decision to the Director of the Division of Medical Services. (2) (A) The Director of the Division of Medical Services, upon a review of the record submitted by an administrative law judge, shall adopt, reject, or modify the recommended decision. (B) A modification or rejection of an administrative law judge's decision shall state with particularity the reasons for the modification or rejection, shall include references to the record, and shall constitute the final decision. (C) As an alternative to the process under subdivision (i)(2)(B) of this section, the Director of the Division of Medical Services may remand the decision to the administrative law judge with additional guidance on Medicaid policy. (3) (A) The Director of the Division of Medical Services shall issue a final decision under this subsection within thirty (30) days after receipt of the administrative law judge's decision. (B) Unless the Director of the Division of Medical Services modifies or rejects the recommended decision of the administrative law judge within thirty (30) days after receipt of the administrative law judge's decision, the recommended decision is the final decision.

(1) Until the waiver under subdivision (h)(2) of this section is approved, an administrative law judge's decision shall constitute a recommended decision to the Director of the Division of Medical Services.

(2) (A) The Director of the Division of Medical Services, upon a review of the record submitted by an administrative law judge, shall adopt, reject, or modify the recommended decision. (B) A modification or rejection of an administrative law judge's decision shall state with particularity the reasons for the modification or rejection, shall include references to the record, and shall constitute the final decision. (C) As an alternative to the process under subdivision (i)(2)(B) of this section, the Director of the Division of Medical Services may remand the decision to the administrative law judge with additional guidance on Medicaid policy.

(A) The Director of the Division of Medical Services, upon a review of the record submitted by an administrative law judge, shall adopt, reject, or modify the recommended decision.

(B) A modification or rejection of an administrative law judge's decision shall state with particularity the reasons for the modification or rejection, shall include references to the record, and shall constitute the final decision.

(C) As an alternative to the process under subdivision (i)(2)(B) of this section, the Director of the Division of Medical Services may remand the decision to the administrative law judge with additional guidance on Medicaid policy.

(3) (A) The Director of the Division of Medical Services shall issue a final decision under this subsection within thirty (30) days after receipt of the administrative law judge's decision. (B) Unless the Director of the Division of Medical Services modifies or rejects the recommended decision of the administrative law judge within thirty (30) days after receipt of the administrative law judge's decision, the recommended decision is the final decision.

(A) The Director of the Division of Medical Services shall issue a final decision under this subsection within thirty (30) days after receipt of the administrative law judge's decision.

(B) Unless the Director of the Division of Medical Services modifies or rejects the recommended decision of the administrative law judge within thirty (30) days after receipt of the administrative law judge's decision, the recommended decision is the final decision.

(j) If an administrative appeal is filed by both provider and recipient concerning the same subject matter, then the department may consolidate the appeals.

(k) (1) This subchapter shall apply to all pending and subsequent appeals that have not been finally resolved at the administrative or judicial level as of April 5, 2005. (2) The amendatory provisions of this act apply to a pending and subsequent appeal that has not been finally resolved at the administrative or judicial level on August 16, 2013.

(1) This subchapter shall apply to all pending and subsequent appeals that have not been finally resolved at the administrative or judicial level as of April 5, 2005.

(2) The amendatory provisions of this act apply to a pending and subsequent appeal that has not been finally resolved at the administrative or judicial level on August 16, 2013.

Amended by Act 2013, No. 562,§ 4, eff. 8/16/2013.

Acts 2005, No. 1758, § 1.
Ark. Code Ann. § 20-6-410 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-410
Complaints
Status: in_force

(a) An individual may file a complaint against a healthcare professional or healthcare facility for failing to comply with this subchapter with the appropriate state agency or licensing board, including the Department of Health and the Department of Human Services. (b) The appropriate state agency or licensing board shall investigate the complaint. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

(a) An individual may file a complaint against a healthcare professional or healthcare facility for failing to comply with this subchapter with the appropriate state agency or licensing board, including the Department of Health and the Department of Human Services.

(b) The appropriate state agency or licensing board shall investigate the complaint.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-7-110 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-110
Study and prevention of diseases
Status: in_force

(a) (1) The State Board of Health has general supervision and control of all matters pertaining to the health of the citizens of this state. (2) The board shall make a study of the causes and prevention of infectious, contagious, and communicable diseases, and, except as otherwise provided in this act, the board shall have direction and control of all matters of quarantine rules and enforcement. The board shall have full power and authority to prevent the entrance of such diseases from points outside the state. (3) The board shall also have direction and control over all sanitary and quarantine measures for dealing with all infectious, contagious, and communicable diseases within the state and direction and control to suppress them and prevent their spread. (b) Whenever the health of the citizens of this state is threatened by the prevalence of any epidemic or contagious disease in this or any adjoining state and, in the judgment of the Governor, the public safety demands action on the part of the board, then the Governor shall call the attention of the board to the facts and order it to take such action as the public safety of the citizens demands to prevent the spread of the epidemic or contagious disease. (c) (1) (A) The board or its designee may adopt directives imposing restrictions upon individuals, commerce, or travel to prevent the introduction of infectious, contagious, and communicable disease into the state or from one place to another within the state. (B) A directive under subdivision (c)(1)(A) of this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 . (C) The board or its designee shall not combine multiple subjects or directives into a single directive under subdivision (c)(1)(A) of this section. (2) (A) If the Governor has declared a statewide state of disaster emergency related to public health under § 12-75-107(g) and the board or its designee, either upon its own motion or pursuant to an order of the Governor under subsection (b) of this section, adopts one (1) or more directives imposing restrictions upon individuals, commerce, or travel under subdivision (c)(1)(A) of this section within the area of the statewide state of disaster emergency related to public health, then the directive shall be subject to review and termination by the Executive Subcommittee of the Legislative Council. (B) A directive issued under this subdivision (c)(2) shall: (i) Not continue for longer than thirty (30) days unless renewed under this subsection; (ii) Become effective immediately upon its issuance by the board or its designee; (iii) Be drafted in a manner that allows for the Executive Subcommittee of the Legislative Council to vote upon each directive separately; and (iv) Remain in effect unless a majority of a quorum of the Executive Subcommittee of the Legislative Council votes to terminate the directive. (C) If the board or its designee issues more than one (1) directive under subdivision (c)(2)(A) of this section, the Executive Subcommittee of the Legislative Council may consider each directive individually. (D) The Executive Subcommittee of the Legislative Council shall meet to consider the termination of a directive under subdivision (c)(2)(A) of this section within four (4) business days of its issuance. (E) If the Executive Subcommittee of the Legislative Council, by a majority vote of a quorum present, does not vote to terminate a directive under subdivision (c)(2)(A) of this section, it shall continue for the number of days specified by the board or its designee. (F) If the Executive Subcommittee of the Legislative Council votes to terminate a directive, the directive shall be terminated immediately. (3) (A) A directive under subdivision (c)(2) of this section shall not continue for longer than thirty (30) days from the date of its issuance by the board or its designee unless renewed by the board or its designee, so long as the Legislative Council does not deny the request for renewal. (B) If the board or its designee desires to renew a directive under subdivision (c)(2) of this section, it shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the directive will expire that includes without limitation the following information: (i) The number of days that the directive will continue, not to exceed thirty (30) days; and (ii) The rationale for continuing the directive. (C) A directive under subdivision (c)(3)(A) of this section shall be renewed unless the Legislative Council, by a majority vote of a quorum present, denies the request to renew the directive. (D) After receiving the written statement under subdivision (c)(3)(B) of this section, the Legislative Council may consider the renewal of a directive at any time prior to the expiration of the directive. (E) If the Legislative Council does not deny the request to renew the directive by a majority vote of a quorum present prior to the expiration of the directive, the directive shall be renewed for the number of days specified by the board or its designee in the written statement under subdivision (c)(3)(B)(i) of this section. (4) (A) The Legislative Council may meet at any time to perform its duties under this section, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly. (B) Except as provided in this section, the duties of the Legislative Council under this section shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council. (C) The Legislative Council may adopt rules concerning the performance of its duties under this section. Amended by Act 2021, No. 403,§ 5, eff. 3/19/2021. Amended by Act 2019, No. 315,§ 1804, eff. 7/24/2019. Acts 1895, No. 152, § 1, p. 236; 1913, No. 96, § 5; C. & M. Dig., §§ 5129, 5135; Pope's Dig., §§ 6400, 6406; A.S.A. 1947, §§ 82-109, 82-115.

(a) (1) The State Board of Health has general supervision and control of all matters pertaining to the health of the citizens of this state. (2) The board shall make a study of the causes and prevention of infectious, contagious, and communicable diseases, and, except as otherwise provided in this act, the board shall have direction and control of all matters of quarantine rules and enforcement. The board shall have full power and authority to prevent the entrance of such diseases from points outside the state. (3) The board shall also have direction and control over all sanitary and quarantine measures for dealing with all infectious, contagious, and communicable diseases within the state and direction and control to suppress them and prevent their spread.

(1) The State Board of Health has general supervision and control of all matters pertaining to the health of the citizens of this state.

(2) The board shall make a study of the causes and prevention of infectious, contagious, and communicable diseases, and, except as otherwise provided in this act, the board shall have direction and control of all matters of quarantine rules and enforcement. The board shall have full power and authority to prevent the entrance of such diseases from points outside the state.

(3) The board shall also have direction and control over all sanitary and quarantine measures for dealing with all infectious, contagious, and communicable diseases within the state and direction and control to suppress them and prevent their spread.

(b) Whenever the health of the citizens of this state is threatened by the prevalence of any epidemic or contagious disease in this or any adjoining state and, in the judgment of the Governor, the public safety demands action on the part of the board, then the Governor shall call the attention of the board to the facts and order it to take such action as the public safety of the citizens demands to prevent the spread of the epidemic or contagious disease.

(c) (1) (A) The board or its designee may adopt directives imposing restrictions upon individuals, commerce, or travel to prevent the introduction of infectious, contagious, and communicable disease into the state or from one place to another within the state. (B) A directive under subdivision (c)(1)(A) of this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 . (C) The board or its designee shall not combine multiple subjects or directives into a single directive under subdivision (c)(1)(A) of this section. (2) (A) If the Governor has declared a statewide state of disaster emergency related to public health under § 12-75-107(g) and the board or its designee, either upon its own motion or pursuant to an order of the Governor under subsection (b) of this section, adopts one (1) or more directives imposing restrictions upon individuals, commerce, or travel under subdivision (c)(1)(A) of this section within the area of the statewide state of disaster emergency related to public health, then the directive shall be subject to review and termination by the Executive Subcommittee of the Legislative Council. (B) A directive issued under this subdivision (c)(2) shall: (i) Not continue for longer than thirty (30) days unless renewed under this subsection; (ii) Become effective immediately upon its issuance by the board or its designee; (iii) Be drafted in a manner that allows for the Executive Subcommittee of the Legislative Council to vote upon each directive separately; and (iv) Remain in effect unless a majority of a quorum of the Executive Subcommittee of the Legislative Council votes to terminate the directive. (C) If the board or its designee issues more than one (1) directive under subdivision (c)(2)(A) of this section, the Executive Subcommittee of the Legislative Council may consider each directive individually. (D) The Executive Subcommittee of the Legislative Council shall meet to consider the termination of a directive under subdivision (c)(2)(A) of this section within four (4) business days of its issuance. (E) If the Executive Subcommittee of the Legislative Council, by a majority vote of a quorum present, does not vote to terminate a directive under subdivision (c)(2)(A) of this section, it shall continue for the number of days specified by the board or its designee. (F) If the Executive Subcommittee of the Legislative Council votes to terminate a directive, the directive shall be terminated immediately. (3) (A) A directive under subdivision (c)(2) of this section shall not continue for longer than thirty (30) days from the date of its issuance by the board or its designee unless renewed by the board or its designee, so long as the Legislative Council does not deny the request for renewal. (B) If the board or its designee desires to renew a directive under subdivision (c)(2) of this section, it shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the directive will expire that includes without limitation the following information: (i) The number of days that the directive will continue, not to exceed thirty (30) days; and (ii) The rationale for continuing the directive. (C) A directive under subdivision (c)(3)(A) of this section shall be renewed unless the Legislative Council, by a majority vote of a quorum present, denies the request to renew the directive. (D) After receiving the written statement under subdivision (c)(3)(B) of this section, the Legislative Council may consider the renewal of a directive at any time prior to the expiration of the directive. (E) If the Legislative Council does not deny the request to renew the directive by a majority vote of a quorum present prior to the expiration of the directive, the directive shall be renewed for the number of days specified by the board or its designee in the written statement under subdivision (c)(3)(B)(i) of this section. (4) (A) The Legislative Council may meet at any time to perform its duties under this section, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly. (B) Except as provided in this section, the duties of the Legislative Council under this section shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council. (C) The Legislative Council may adopt rules concerning the performance of its duties under this section.

(1) (A) The board or its designee may adopt directives imposing restrictions upon individuals, commerce, or travel to prevent the introduction of infectious, contagious, and communicable disease into the state or from one place to another within the state. (B) A directive under subdivision (c)(1)(A) of this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 . (C) The board or its designee shall not combine multiple subjects or directives into a single directive under subdivision (c)(1)(A) of this section.

(A) The board or its designee may adopt directives imposing restrictions upon individuals, commerce, or travel to prevent the introduction of infectious, contagious, and communicable disease into the state or from one place to another within the state.

(B) A directive under subdivision (c)(1)(A) of this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 .

(C) The board or its designee shall not combine multiple subjects or directives into a single directive under subdivision (c)(1)(A) of this section.

(2) (A) If the Governor has declared a statewide state of disaster emergency related to public health under § 12-75-107(g) and the board or its designee, either upon its own motion or pursuant to an order of the Governor under subsection (b) of this section, adopts one (1) or more directives imposing restrictions upon individuals, commerce, or travel under subdivision (c)(1)(A) of this section within the area of the statewide state of disaster emergency related to public health, then the directive shall be subject to review and termination by the Executive Subcommittee of the Legislative Council. (B) A directive issued under this subdivision (c)(2) shall: (i) Not continue for longer than thirty (30) days unless renewed under this subsection; (ii) Become effective immediately upon its issuance by the board or its designee; (iii) Be drafted in a manner that allows for the Executive Subcommittee of the Legislative Council to vote upon each directive separately; and (iv) Remain in effect unless a majority of a quorum of the Executive Subcommittee of the Legislative Council votes to terminate the directive. (C) If the board or its designee issues more than one (1) directive under subdivision (c)(2)(A) of this section, the Executive Subcommittee of the Legislative Council may consider each directive individually. (D) The Executive Subcommittee of the Legislative Council shall meet to consider the termination of a directive under subdivision (c)(2)(A) of this section within four (4) business days of its issuance. (E) If the Executive Subcommittee of the Legislative Council, by a majority vote of a quorum present, does not vote to terminate a directive under subdivision (c)(2)(A) of this section, it shall continue for the number of days specified by the board or its designee. (F) If the Executive Subcommittee of the Legislative Council votes to terminate a directive, the directive shall be terminated immediately.

(A) If the Governor has declared a statewide state of disaster emergency related to public health under § 12-75-107(g) and the board or its designee, either upon its own motion or pursuant to an order of the Governor under subsection (b) of this section, adopts one (1) or more directives imposing restrictions upon individuals, commerce, or travel under subdivision (c)(1)(A) of this section within the area of the statewide state of disaster emergency related to public health, then the directive shall be subject to review and termination by the Executive Subcommittee of the Legislative Council.

(B) A directive issued under this subdivision (c)(2) shall: (i) Not continue for longer than thirty (30) days unless renewed under this subsection; (ii) Become effective immediately upon its issuance by the board or its designee; (iii) Be drafted in a manner that allows for the Executive Subcommittee of the Legislative Council to vote upon each directive separately; and (iv) Remain in effect unless a majority of a quorum of the Executive Subcommittee of the Legislative Council votes to terminate the directive.

(i) Not continue for longer than thirty (30) days unless renewed under this subsection;

(ii) Become effective immediately upon its issuance by the board or its designee;

(iii) Be drafted in a manner that allows for the Executive Subcommittee of the Legislative Council to vote upon each directive separately; and

(iv) Remain in effect unless a majority of a quorum of the Executive Subcommittee of the Legislative Council votes to terminate the directive.

(C) If the board or its designee issues more than one (1) directive under subdivision (c)(2)(A) of this section, the Executive Subcommittee of the Legislative Council may consider each directive individually.

(D) The Executive Subcommittee of the Legislative Council shall meet to consider the termination of a directive under subdivision (c)(2)(A) of this section within four (4) business days of its issuance.

(E) If the Executive Subcommittee of the Legislative Council, by a majority vote of a quorum present, does not vote to terminate a directive under subdivision (c)(2)(A) of this section, it shall continue for the number of days specified by the board or its designee.

(F) If the Executive Subcommittee of the Legislative Council votes to terminate a directive, the directive shall be terminated immediately.

(3) (A) A directive under subdivision (c)(2) of this section shall not continue for longer than thirty (30) days from the date of its issuance by the board or its designee unless renewed by the board or its designee, so long as the Legislative Council does not deny the request for renewal. (B) If the board or its designee desires to renew a directive under subdivision (c)(2) of this section, it shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the directive will expire that includes without limitation the following information: (i) The number of days that the directive will continue, not to exceed thirty (30) days; and (ii) The rationale for continuing the directive. (C) A directive under subdivision (c)(3)(A) of this section shall be renewed unless the Legislative Council, by a majority vote of a quorum present, denies the request to renew the directive. (D) After receiving the written statement under subdivision (c)(3)(B) of this section, the Legislative Council may consider the renewal of a directive at any time prior to the expiration of the directive. (E) If the Legislative Council does not deny the request to renew the directive by a majority vote of a quorum present prior to the expiration of the directive, the directive shall be renewed for the number of days specified by the board or its designee in the written statement under subdivision (c)(3)(B)(i) of this section.

(A) A directive under subdivision (c)(2) of this section shall not continue for longer than thirty (30) days from the date of its issuance by the board or its designee unless renewed by the board or its designee, so long as the Legislative Council does not deny the request for renewal.

(B) If the board or its designee desires to renew a directive under subdivision (c)(2) of this section, it shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the directive will expire that includes without limitation the following information: (i) The number of days that the directive will continue, not to exceed thirty (30) days; and (ii) The rationale for continuing the directive.

(i) The number of days that the directive will continue, not to exceed thirty (30) days; and

(ii) The rationale for continuing the directive.

(C) A directive under subdivision (c)(3)(A) of this section shall be renewed unless the Legislative Council, by a majority vote of a quorum present, denies the request to renew the directive.

(D) After receiving the written statement under subdivision (c)(3)(B) of this section, the Legislative Council may consider the renewal of a directive at any time prior to the expiration of the directive.

(E) If the Legislative Council does not deny the request to renew the directive by a majority vote of a quorum present prior to the expiration of the directive, the directive shall be renewed for the number of days specified by the board or its designee in the written statement under subdivision (c)(3)(B)(i) of this section.

(4) (A) The Legislative Council may meet at any time to perform its duties under this section, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly. (B) Except as provided in this section, the duties of the Legislative Council under this section shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council. (C) The Legislative Council may adopt rules concerning the performance of its duties under this section.

(A) The Legislative Council may meet at any time to perform its duties under this section, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly.

(B) Except as provided in this section, the duties of the Legislative Council under this section shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council.

(C) The Legislative Council may adopt rules concerning the performance of its duties under this section.

Amended by Act 2021, No. 403,§ 5, eff. 3/19/2021.

Amended by Act 2019, No. 315,§ 1804, eff. 7/24/2019.

Acts 1895, No. 152, § 1, p. 236; 1913, No. 96, § 5; C. & M. Dig., §§ 5129, 5135; Pope's Dig., §§ 6400, 6406; A.S.A. 1947, §§ 82-109, 82-115.
Ark. Code Ann. § 20-10-210 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-210
Information received by Office of Long-Term Care confidential
Status: in_force

(a) Except in cases of civil or criminal litigation or as permitted in subsection (b) of this section, information received by the Office of Long-Term Care, through inspection or otherwise, shall not be disclosed publicly, in administrative appeals or otherwise, in such a manner as to identify long-term care facility residents, their families, or persons filing complaints against a long-term care facility. (b) Information received or generated by the office, including surveyors' notes, documents, photographs, or other materials gathered, generated, or used by the surveyors in their survey or investigation of a founded complaint, shall be made available to the long-term care facility that is the subject of the survey or investigation upon the completion of the investigation or survey. However, no information that reveals the identity or tends to reveal the identity of any complainant may be disclosed. Acts 1979, No. 28, § 6; A.S.A. 1947, § 82-2221; Acts 1999, No. 1539, § 1; 2001, No. 1774, § 1.

(a) Except in cases of civil or criminal litigation or as permitted in subsection (b) of this section, information received by the Office of Long-Term Care, through inspection or otherwise, shall not be disclosed publicly, in administrative appeals or otherwise, in such a manner as to identify long-term care facility residents, their families, or persons filing complaints against a long-term care facility.

(b) Information received or generated by the office, including surveyors' notes, documents, photographs, or other materials gathered, generated, or used by the surveyors in their survey or investigation of a founded complaint, shall be made available to the long-term care facility that is the subject of the survey or investigation upon the completion of the investigation or survey. However, no information that reveals the identity or tends to reveal the identity of any complainant may be disclosed.

Acts 1979, No. 28, § 6; A.S.A. 1947, § 82-2221; Acts 1999, No. 1539, § 1; 2001, No. 1774, § 1.
Ark. Code Ann. § 20-16-2404 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2404
Applicability
Status: in_force

(a) For healthy pregnancy program services and care plan coordination services offered under § 20-8-1001(d)(2) and (3) : (1) A pregnant woman is not required to initiate or complete healthy pregnancy program services or care plan coordination services in order to obtain an abortion; (2) A pregnant woman who initiates healthy pregnancy program services or care plan coordination services may decline or discontinue the healthy pregnancy program services or care plan coordination services at any time; and (3) An agency shall prioritize care plan coordination services and healthy pregnancy program services for women who have received a resource access assistance offer. (b) (1) This subchapter does not apply in the case of a medical emergency. (2) A person who performs an abortion in a medical emergency shall: (A) Include in the pregnant woman's medical records a statement signed by the physician of the pregnant woman certifying the nature of the medical emergency; and (B) Not later than thirty (30) days after the date that the abortion is performed, certify to the Department of Health the specific medical condition that constituted the medical emergency. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

(a) For healthy pregnancy program services and care plan coordination services offered under § 20-8-1001(d)(2) and (3) : (1) A pregnant woman is not required to initiate or complete healthy pregnancy program services or care plan coordination services in order to obtain an abortion; (2) A pregnant woman who initiates healthy pregnancy program services or care plan coordination services may decline or discontinue the healthy pregnancy program services or care plan coordination services at any time; and (3) An agency shall prioritize care plan coordination services and healthy pregnancy program services for women who have received a resource access assistance offer.

(1) A pregnant woman is not required to initiate or complete healthy pregnancy program services or care plan coordination services in order to obtain an abortion;

(2) A pregnant woman who initiates healthy pregnancy program services or care plan coordination services may decline or discontinue the healthy pregnancy program services or care plan coordination services at any time; and

(3) An agency shall prioritize care plan coordination services and healthy pregnancy program services for women who have received a resource access assistance offer.

(b) (1) This subchapter does not apply in the case of a medical emergency. (2) A person who performs an abortion in a medical emergency shall: (A) Include in the pregnant woman's medical records a statement signed by the physician of the pregnant woman certifying the nature of the medical emergency; and (B) Not later than thirty (30) days after the date that the abortion is performed, certify to the Department of Health the specific medical condition that constituted the medical emergency.

(1) This subchapter does not apply in the case of a medical emergency.

(2) A person who performs an abortion in a medical emergency shall: (A) Include in the pregnant woman's medical records a statement signed by the physician of the pregnant woman certifying the nature of the medical emergency; and (B) Not later than thirty (30) days after the date that the abortion is performed, certify to the Department of Health the specific medical condition that constituted the medical emergency.

(A) Include in the pregnant woman's medical records a statement signed by the physician of the pregnant woman certifying the nature of the medical emergency; and

(B) Not later than thirty (30) days after the date that the abortion is performed, certify to the Department of Health the specific medical condition that constituted the medical emergency.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-16-1410 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1410
Construction
Status: in_force

(a) Since it is the intent of the state to assert two (2) separate and independent compelling state interests, those in protecting the lives of viable unborn children and protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain, this subchapter does not repeal by implication or otherwise § 20-16-705 . (b) This subchapter does not repeal by implication or otherwise any other provision of this chapter. Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

(a) Since it is the intent of the state to assert two (2) separate and independent compelling state interests, those in protecting the lives of viable unborn children and protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain, this subchapter does not repeal by implication or otherwise § 20-16-705 .

(b) This subchapter does not repeal by implication or otherwise any other provision of this chapter.

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-15-1302 — AR Code / Title 20 / Chapter 15 / Subchapter 13 / Section 20-15-1302
Legislative findings and intent
Status: in_force

The General Assembly finds and declares as follows: (1) Breast cancer is a significant threat to the health of women. Breast cancer is the most common form of cancer in women and causes the death of a woman in the United States every twelve (12) minutes; (2) The incidence of breast cancer continues to increase at a dramatic rate. During the past decade, the incidence has increased by thirty percent (30%). In 1960, one (1) woman in twenty (20) developed breast cancer over the course of her lifetime. By 1992, the probability had increased to one (1) woman in eight (8). At the current rate of increase, in the year 2000, one (1) woman in six (6) will develop breast cancer over the course of her lifetime. Presently, breast cancer claims the lives of over four hundred seventy (470) women in Arkansas each year; (3) Breast cancer exacts an enormous economic toll on our society, including over two billion dollars ($2,000,000,000) in direct medical costs, and over eight billion dollars ($8,000,000,000) in both direct medical and indirect costs; (4) Medical experts still do not know the cause of breast cancer or how to prevent breast cancer; (5) The State of Arkansas must take the lead in combatting the increasingly rapid spread of breast cancer and the current lack of knowledge with respect to breast cancer's cause and cure and effective methods of prevention; and (6) It is the intent of the General Assembly in enacting this act to fund essential research and services with respect to the cause, cure, detection and prevention of breast cancer, and breast cancer education. Acts 1997, No. 434, § 2.

The General Assembly finds and declares as follows:

(1) Breast cancer is a significant threat to the health of women. Breast cancer is the most common form of cancer in women and causes the death of a woman in the United States every twelve (12) minutes;

(2) The incidence of breast cancer continues to increase at a dramatic rate. During the past decade, the incidence has increased by thirty percent (30%). In 1960, one (1) woman in twenty (20) developed breast cancer over the course of her lifetime. By 1992, the probability had increased to one (1) woman in eight (8). At the current rate of increase, in the year 2000, one (1) woman in six (6) will develop breast cancer over the course of her lifetime. Presently, breast cancer claims the lives of over four hundred seventy (470) women in Arkansas each year;

(3) Breast cancer exacts an enormous economic toll on our society, including over two billion dollars ($2,000,000,000) in direct medical costs, and over eight billion dollars ($8,000,000,000) in both direct medical and indirect costs;

(4) Medical experts still do not know the cause of breast cancer or how to prevent breast cancer;

(5) The State of Arkansas must take the lead in combatting the increasingly rapid spread of breast cancer and the current lack of knowledge with respect to breast cancer's cause and cure and effective methods of prevention; and

(6) It is the intent of the General Assembly in enacting this act to fund essential research and services with respect to the cause, cure, detection and prevention of breast cancer, and breast cancer education.

Acts 1997, No. 434, § 2.
Ark. Code Ann. § 20-9-201 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-201
Definitions
Status: in_force

As used in this subchapter: (1) "Administrator" means the chief administrative officer in the Division of Health Facilities Services; (2) "Alcohol and drug abuse inpatient treatment center" means a distinct unit within a hospital facility in which services are provided for the diagnosis, treatment, and rehabilitation of alcohol and drug abuse; (3) "Federal act" means the Hospital Survey and Construction Act, Pub. L. No. 79-725; (4) (A) "Hospital" means a public health center, a general, tuberculosis, mental, or chronic disease hospital, or a related facility such as a laboratory, outpatient department, nurses home or training facility, or a central service facility operated in connection with a hospital. (B) "Hospital" does not include an establishment: (i) Furnishing primarily domiciliary care; or (ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center; (5) (A) "Institution" means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor, suffering from illness, injury, or deformity, or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours. (B) "Institution" also includes an outpatient surgery center, outpatient psychiatric center, and infirmary. (C) "Institution" does not include an establishment: (i) Operated by the United States Government or by any of its agencies; or (ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center; (6) "Medical facility" means a diagnostic or diagnostic and treatment center, or rehabilitation facility, as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law; (7) "Nonprofit hospital" or "nonprofit medical facility" means a hospital or medical facility owned and operated by one (1) or more persons or a corporation or association, no part of the net earnings of which inures to the benefit of any shareholder or individual; (8) (A) "Outpatient psychiatric center" means a facility in which psychiatric services are offered for a period of eight (8) to sixteen (16) hours a day, and where, in the opinion of the attending psychiatrist, hospitalization, as defined in the present licensure law, is not necessary. (B) "Outpatient psychiatric center" does not include community mental health clinics and centers as they now exist; (9) (A) "Outpatient surgery center" means a facility in which surgical services are offered that require the use of general or intravenous anesthetics and where, in the opinion of the attending physician, hospitalization, as defined in the present licensure law, is not necessary. (B) "Outpatient surgery center" does not include: (i) A medical office owned and operated by a physician or more than one (1) physician licensed by the Arkansas State Medical Board, if the medical office does not bill facility fees to a third party payor; or (ii) A dental office that has a Facility Permit for Moderate Sedation or a Facility Permit for General/Deep Sedation issued by the Arkansas State Board of Dental Examiners; (10) "Public health center" means a publicly owned facility for the provision of public health services and includes related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers; (11) (A) "Recuperation center" means an establishment with permanent facilities that include inpatient beds, with an organized medical staff, and with medical services including physicians' services and continuous nursing services to provide treatment for patients who are not in an acute phase of illness but who currently require primarily convalescent or restorative service that is usually post-acute hospital care of relatively short duration. (B) "Recuperation center" does not include an establishment furnishing primarily domiciliary care; (12) "Rural emergency hospital" means an establishment that: (A) Meets the eligibility requirements described in this subchapter; (B) Provides rural emergency hospital services; (C) Provides rural emergency services in the facility twenty-four (24) hours per day by maintaining an emergency department that is staffed twenty-four (24) hours per day and seven (7) days per week with a physician, nurse practitioner, clinical nurse specialist, or physician assistant; (D) Has a transfer agreement in effect with a Level I or Level II trauma center; and (E) Meets other requirements as the Department of Health finds necessary: (i) In the interest of the health and safety of individuals who receive rural emergency hospital services; and (ii) For implementation of a state licensure that satisfies requirements for reimbursement by federal healthcare programs as a rural emergency hospital; (13) "Rural emergency hospital services" means the following services provided by a rural emergency hospital that do not require more than twenty-four (24) hours on average in a rural emergency hospital: (A) Emergency department services and observation care; and (B) At the election of the rural emergency hospital, other medical and health services provided on an outpatient basis as specified in regulations adopted by the United States Secretary of Health and Human Services and authorized by the Department of Health; and (14) "Surgeon General" means the United States Surgeon General. Amended by Act 2023, No. 59,§ 3, eff. 2/13/2023. Amended by Act 2017, No. 913,§ 55, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 54, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 18, eff. 8/16/2013. Amended by Act 2013, No. 587,§ 3, eff. 8/16/2013. Acts 1961, No. 414, § 2; 1971, No. 258, § 1; 1975, No. 190, §§ 1, 2; 1977, No. 536, §§ 1, 2; 1985, No. 980, §§ 1, 2; A.S.A. 1947, § 82-328; Acts 1987, No. 143, § 1; 2011, No. 834, § 1.

As used in this subchapter:

(1) "Administrator" means the chief administrative officer in the Division of Health Facilities Services;

(2) "Alcohol and drug abuse inpatient treatment center" means a distinct unit within a hospital facility in which services are provided for the diagnosis, treatment, and rehabilitation of alcohol and drug abuse;

(3) "Federal act" means the Hospital Survey and Construction Act, Pub. L. No. 79-725;

(4) (A) "Hospital" means a public health center, a general, tuberculosis, mental, or chronic disease hospital, or a related facility such as a laboratory, outpatient department, nurses home or training facility, or a central service facility operated in connection with a hospital. (B) "Hospital" does not include an establishment: (i) Furnishing primarily domiciliary care; or (ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;

(A) "Hospital" means a public health center, a general, tuberculosis, mental, or chronic disease hospital, or a related facility such as a laboratory, outpatient department, nurses home or training facility, or a central service facility operated in connection with a hospital.

(B) "Hospital" does not include an establishment: (i) Furnishing primarily domiciliary care; or (ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;

(i) Furnishing primarily domiciliary care; or

(ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;

(5) (A) "Institution" means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor, suffering from illness, injury, or deformity, or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours. (B) "Institution" also includes an outpatient surgery center, outpatient psychiatric center, and infirmary. (C) "Institution" does not include an establishment: (i) Operated by the United States Government or by any of its agencies; or (ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;

(A) "Institution" means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor, suffering from illness, injury, or deformity, or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.

(B) "Institution" also includes an outpatient surgery center, outpatient psychiatric center, and infirmary.

(C) "Institution" does not include an establishment: (i) Operated by the United States Government or by any of its agencies; or (ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;

(i) Operated by the United States Government or by any of its agencies; or

(ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;

(6) "Medical facility" means a diagnostic or diagnostic and treatment center, or rehabilitation facility, as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law;

(7) "Nonprofit hospital" or "nonprofit medical facility" means a hospital or medical facility owned and operated by one (1) or more persons or a corporation or association, no part of the net earnings of which inures to the benefit of any shareholder or individual;

(8) (A) "Outpatient psychiatric center" means a facility in which psychiatric services are offered for a period of eight (8) to sixteen (16) hours a day, and where, in the opinion of the attending psychiatrist, hospitalization, as defined in the present licensure law, is not necessary. (B) "Outpatient psychiatric center" does not include community mental health clinics and centers as they now exist;

(A) "Outpatient psychiatric center" means a facility in which psychiatric services are offered for a period of eight (8) to sixteen (16) hours a day, and where, in the opinion of the attending psychiatrist, hospitalization, as defined in the present licensure law, is not necessary.

(B) "Outpatient psychiatric center" does not include community mental health clinics and centers as they now exist;

(9) (A) "Outpatient surgery center" means a facility in which surgical services are offered that require the use of general or intravenous anesthetics and where, in the opinion of the attending physician, hospitalization, as defined in the present licensure law, is not necessary. (B) "Outpatient surgery center" does not include: (i) A medical office owned and operated by a physician or more than one (1) physician licensed by the Arkansas State Medical Board, if the medical office does not bill facility fees to a third party payor; or (ii) A dental office that has a Facility Permit for Moderate Sedation or a Facility Permit for General/Deep Sedation issued by the Arkansas State Board of Dental Examiners;

(A) "Outpatient surgery center" means a facility in which surgical services are offered that require the use of general or intravenous anesthetics and where, in the opinion of the attending physician, hospitalization, as defined in the present licensure law, is not necessary.

(B) "Outpatient surgery center" does not include: (i) A medical office owned and operated by a physician or more than one (1) physician licensed by the Arkansas State Medical Board, if the medical office does not bill facility fees to a third party payor; or (ii) A dental office that has a Facility Permit for Moderate Sedation or a Facility Permit for General/Deep Sedation issued by the Arkansas State Board of Dental Examiners;

(i) A medical office owned and operated by a physician or more than one (1) physician licensed by the Arkansas State Medical Board, if the medical office does not bill facility fees to a third party payor; or

(ii) A dental office that has a Facility Permit for Moderate Sedation or a Facility Permit for General/Deep Sedation issued by the Arkansas State Board of Dental Examiners;

(10) "Public health center" means a publicly owned facility for the provision of public health services and includes related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers;

(11) (A) "Recuperation center" means an establishment with permanent facilities that include inpatient beds, with an organized medical staff, and with medical services including physicians' services and continuous nursing services to provide treatment for patients who are not in an acute phase of illness but who currently require primarily convalescent or restorative service that is usually post-acute hospital care of relatively short duration. (B) "Recuperation center" does not include an establishment furnishing primarily domiciliary care;

(A) "Recuperation center" means an establishment with permanent facilities that include inpatient beds, with an organized medical staff, and with medical services including physicians' services and continuous nursing services to provide treatment for patients who are not in an acute phase of illness but who currently require primarily convalescent or restorative service that is usually post-acute hospital care of relatively short duration.

(B) "Recuperation center" does not include an establishment furnishing primarily domiciliary care;

(12) "Rural emergency hospital" means an establishment that: (A) Meets the eligibility requirements described in this subchapter; (B) Provides rural emergency hospital services; (C) Provides rural emergency services in the facility twenty-four (24) hours per day by maintaining an emergency department that is staffed twenty-four (24) hours per day and seven (7) days per week with a physician, nurse practitioner, clinical nurse specialist, or physician assistant; (D) Has a transfer agreement in effect with a Level I or Level II trauma center; and (E) Meets other requirements as the Department of Health finds necessary: (i) In the interest of the health and safety of individuals who receive rural emergency hospital services; and (ii) For implementation of a state licensure that satisfies requirements for reimbursement by federal healthcare programs as a rural emergency hospital;

(A) Meets the eligibility requirements described in this subchapter;

(B) Provides rural emergency hospital services;

(C) Provides rural emergency services in the facility twenty-four (24) hours per day by maintaining an emergency department that is staffed twenty-four (24) hours per day and seven (7) days per week with a physician, nurse practitioner, clinical nurse specialist, or physician assistant;

(D) Has a transfer agreement in effect with a Level I or Level II trauma center; and

(E) Meets other requirements as the Department of Health finds necessary: (i) In the interest of the health and safety of individuals who receive rural emergency hospital services; and (ii) For implementation of a state licensure that satisfies requirements for reimbursement by federal healthcare programs as a rural emergency hospital;

(i) In the interest of the health and safety of individuals who receive rural emergency hospital services; and

(ii) For implementation of a state licensure that satisfies requirements for reimbursement by federal healthcare programs as a rural emergency hospital;

(13) "Rural emergency hospital services" means the following services provided by a rural emergency hospital that do not require more than twenty-four (24) hours on average in a rural emergency hospital: (A) Emergency department services and observation care; and (B) At the election of the rural emergency hospital, other medical and health services provided on an outpatient basis as specified in regulations adopted by the United States Secretary of Health and Human Services and authorized by the Department of Health; and

(A) Emergency department services and observation care; and

(B) At the election of the rural emergency hospital, other medical and health services provided on an outpatient basis as specified in regulations adopted by the United States Secretary of Health and Human Services and authorized by the Department of Health; and

(14) "Surgeon General" means the United States Surgeon General.

Amended by Act 2023, No. 59,§ 3, eff. 2/13/2023.

Amended by Act 2017, No. 913,§ 55, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 54, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 18, eff. 8/16/2013.

Amended by Act 2013, No. 587,§ 3, eff. 8/16/2013.

Acts 1961, No. 414, § 2; 1971, No. 258, § 1; 1975, No. 190, §§ 1, 2; 1977, No. 536, §§ 1, 2; 1985, No. 980, §§ 1, 2; A.S.A. 1947, § 82-328; Acts 1987, No. 143, § 1; 2011, No. 834, § 1.
Ark. Code Ann. § 20-76-705 — AR Code / Title 20 / Chapter 76 / Subchapter 7 / Section 20-76-705
Standards in drug screening and testing pilot program
Status: in_force

The drug screening and testing program shall include without limitation: (1) (A) A requirement that an applicant upon initial application for Temporary Assistance for Needy Families Program benefits or a current recipient of program benefits at annual redetermination shall be screened using an empirically validated drug screening tool. (B) If the result of the drug screening tool gives the Department of Human Services a reasonable suspicion to believe that the applicant or recipient has engaged in the use of drugs, then the applicant or recipient shall be required to take a drug test. (C) A refusal by an applicant or recipient to take a drug test shall result in lack of eligibility for program benefits for six (6) months; (2) A process for administering the cost of drug tests as follows: (A) If an applicant or recipient receives a negative result on a drug test, the cost of administering the drug test shall be paid by the department; (B) If an applicant or recipient receives a positive result on a drug test, refuses to enter a treatment plan, and receives a negative result on a drug test upon reapplying for benefits after six (6) months, the cost of administering the first drug test shall be deducted from his or her first program benefits, and the cost of administering the second drug test shall be paid by the department; (C) If an applicant receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits; and (D) If a recipient receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits after redetermination; (3) (A) A referral process for any applicant or recipient who receives a positive result on a drug test to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the department for an appropriate treatment period as determined by the department. (B) Evidence of ongoing compliance during the determined treatment period shall be required. (C) If an applicant or recipient is otherwise eligible during the treatment period, the applicant shall receive program benefits; (4) A requirement that a refusal to enter a treatment plan or failure to complete the treatment plan by an applicant or recipient who receives a positive result on a drug test shall result in lack of eligibility for program benefits for six (6) months; (5) (A) A requirement that an applicant or recipient be tested using the no less than five-panel drug test upon the conclusion of the determined treatment period. (B) If an applicant or recipient receives a positive result on the no less than five-panel drug test or any subsequent drug test, the applicant shall be ineligible for program benefits for six (6) months. (C) If an applicant or recipient who has failed a drug test reapplies for program benefits, the applicant or recipient shall test negative for illegal use of controlled substances in order to receive program benefits, and the department may provide a referral to an appropriate treatment resource for drug abuse treatment or other resource; and (6) (A) A requirement that a dependent child's eligibility for program benefits shall not be affected by a caretaker relative's ineligibility due to positive results on a drug test. (B) An appropriate protective payee shall be designated to receive program benefits on behalf of the dependent child. Amended by Act 2023, No. 832,§ 26, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 555, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 554, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 553, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 552, eff. 7/1/2019. Amended by Act 2017, No. 314,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 314,§ 7, eff. 8/1/2017. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.

The drug screening and testing program shall include without limitation:

(1) (A) A requirement that an applicant upon initial application for Temporary Assistance for Needy Families Program benefits or a current recipient of program benefits at annual redetermination shall be screened using an empirically validated drug screening tool. (B) If the result of the drug screening tool gives the Department of Human Services a reasonable suspicion to believe that the applicant or recipient has engaged in the use of drugs, then the applicant or recipient shall be required to take a drug test. (C) A refusal by an applicant or recipient to take a drug test shall result in lack of eligibility for program benefits for six (6) months;

(A) A requirement that an applicant upon initial application for Temporary Assistance for Needy Families Program benefits or a current recipient of program benefits at annual redetermination shall be screened using an empirically validated drug screening tool.

(B) If the result of the drug screening tool gives the Department of Human Services a reasonable suspicion to believe that the applicant or recipient has engaged in the use of drugs, then the applicant or recipient shall be required to take a drug test.

(C) A refusal by an applicant or recipient to take a drug test shall result in lack of eligibility for program benefits for six (6) months;

(2) A process for administering the cost of drug tests as follows: (A) If an applicant or recipient receives a negative result on a drug test, the cost of administering the drug test shall be paid by the department; (B) If an applicant or recipient receives a positive result on a drug test, refuses to enter a treatment plan, and receives a negative result on a drug test upon reapplying for benefits after six (6) months, the cost of administering the first drug test shall be deducted from his or her first program benefits, and the cost of administering the second drug test shall be paid by the department; (C) If an applicant receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits; and (D) If a recipient receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits after redetermination;

(A) If an applicant or recipient receives a negative result on a drug test, the cost of administering the drug test shall be paid by the department;

(B) If an applicant or recipient receives a positive result on a drug test, refuses to enter a treatment plan, and receives a negative result on a drug test upon reapplying for benefits after six (6) months, the cost of administering the first drug test shall be deducted from his or her first program benefits, and the cost of administering the second drug test shall be paid by the department;

(C) If an applicant receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits; and

(D) If a recipient receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits after redetermination;

(3) (A) A referral process for any applicant or recipient who receives a positive result on a drug test to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the department for an appropriate treatment period as determined by the department. (B) Evidence of ongoing compliance during the determined treatment period shall be required. (C) If an applicant or recipient is otherwise eligible during the treatment period, the applicant shall receive program benefits;

(A) A referral process for any applicant or recipient who receives a positive result on a drug test to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the department for an appropriate treatment period as determined by the department.

(B) Evidence of ongoing compliance during the determined treatment period shall be required.

(C) If an applicant or recipient is otherwise eligible during the treatment period, the applicant shall receive program benefits;

(4) A requirement that a refusal to enter a treatment plan or failure to complete the treatment plan by an applicant or recipient who receives a positive result on a drug test shall result in lack of eligibility for program benefits for six (6) months;

(5) (A) A requirement that an applicant or recipient be tested using the no less than five-panel drug test upon the conclusion of the determined treatment period. (B) If an applicant or recipient receives a positive result on the no less than five-panel drug test or any subsequent drug test, the applicant shall be ineligible for program benefits for six (6) months. (C) If an applicant or recipient who has failed a drug test reapplies for program benefits, the applicant or recipient shall test negative for illegal use of controlled substances in order to receive program benefits, and the department may provide a referral to an appropriate treatment resource for drug abuse treatment or other resource; and

(A) A requirement that an applicant or recipient be tested using the no less than five-panel drug test upon the conclusion of the determined treatment period.

(B) If an applicant or recipient receives a positive result on the no less than five-panel drug test or any subsequent drug test, the applicant shall be ineligible for program benefits for six (6) months.

(C) If an applicant or recipient who has failed a drug test reapplies for program benefits, the applicant or recipient shall test negative for illegal use of controlled substances in order to receive program benefits, and the department may provide a referral to an appropriate treatment resource for drug abuse treatment or other resource; and

(6) (A) A requirement that a dependent child's eligibility for program benefits shall not be affected by a caretaker relative's ineligibility due to positive results on a drug test. (B) An appropriate protective payee shall be designated to receive program benefits on behalf of the dependent child.

(A) A requirement that a dependent child's eligibility for program benefits shall not be affected by a caretaker relative's ineligibility due to positive results on a drug test.

(B) An appropriate protective payee shall be designated to receive program benefits on behalf of the dependent child.

Amended by Act 2023, No. 832,§ 26, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 555, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 554, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 553, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 552, eff. 7/1/2019.

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

Amended by Act 2017, No. 314,§ 7, eff. 8/1/2017.

Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-17-204 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-204
Revocation of declaration
Status: in_force

(a) (1) A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other healthcare provider by the declarant or a witness to the revocation. (2) (A) The wishes of a patient who requests nutrition or hydration, or both, shall be honored. (B) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body. (b) The attending physician or other healthcare provider shall make the revocation a part of the declarant's medical record. Acts 1987, No. 713, § 4; 2003, No. 1322, § 5.

(a) (1) A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other healthcare provider by the declarant or a witness to the revocation. (2) (A) The wishes of a patient who requests nutrition or hydration, or both, shall be honored. (B) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.

(1) A declaration may be revoked at any time and in any manner by the declarant without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other healthcare provider by the declarant or a witness to the revocation.

(2) (A) The wishes of a patient who requests nutrition or hydration, or both, shall be honored. (B) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.

(A) The wishes of a patient who requests nutrition or hydration, or both, shall be honored.

(B) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.

(b) The attending physician or other healthcare provider shall make the revocation a part of the declarant's medical record.

Acts 1987, No. 713, § 4; 2003, No. 1322, § 5.
Ark. Code Ann. § 20-17-1205 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1205
Manner of making anatomical gift before donor's death
Status: in_force

(a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) in a will; (3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) as provided in subsection (b). (b) A donor or other person authorized to make an anatomical gift under § 20-17-1204 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in paragraph (1). (c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift. (d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift. Acts 2007, No. 839, § 1.

(a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) in a will; (3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) as provided in subsection (b).

(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;

(2) in a will;

(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(4) as provided in subsection (b).

(b) A donor or other person authorized to make an anatomical gift under § 20-17-1204 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in paragraph (1).

(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in paragraph (1).

(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-64-308 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-308
Seizure and forfeiture of contraband - Hearing and disposition
Status: in_force

(a) (1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307 , the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized. (2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice. (3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary's office in Little Rock. (4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken. (5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented. (6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary's order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law. (7) An appeal from the judgment of the circuit court may be taken to the Supreme Court. (b) (1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years. (2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law. Amended by Act 2019, No. 910,§ 5099, eff. 7/1/2019. Acts 1967, No. 492, § 5; A.S.A. 1947, § 82-2105.

(a) (1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307 , the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized. (2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice. (3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary's office in Little Rock. (4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken. (5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented. (6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary's order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law. (7) An appeal from the judgment of the circuit court may be taken to the Supreme Court.

(1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307 , the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized.

(2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice.

(3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary's office in Little Rock.

(4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken.

(5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented.

(6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary's order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law.

(7) An appeal from the judgment of the circuit court may be taken to the Supreme Court.

(b) (1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years. (2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law.

(1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years.

(2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law.

Amended by Act 2019, No. 910,§ 5099, eff. 7/1/2019.

Acts 1967, No. 492, § 5; A.S.A. 1947, § 82-2105.
Ark. Code Ann. § 20-47-302 — AR Code / Title 20 / Chapter 47 / Subchapter 3 / Section 20-47-302
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1145,§ 2, eff. 8/16/2013. Acts 1999, No. 1421, § 2.

Repealed by Act 2013, No. 1145,§ 2, eff. 8/16/2013.

Acts 1999, No. 1421, § 2.
Ark. Code Ann. § 20-21-305 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-305
Enforcement
Status: in_force

(a) The State Electronic Product Control Agency or its authorized representatives shall have the power to enter at all reasonable times upon any private or public property on or in which electronic products are being manufactured, distributed, used, or repaired for the purpose of determining whether or not there is compliance with or violation of this subchapter and rules issued under this subchapter. However, entry into areas under the jurisdiction of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative. (b) In the event of an emergency, the agency shall have the authority to impound or order the impounding of electronic products in the possession of any person who is not equipped to observe or fails to observe the provisions of this subchapter or any rules issued under this subchapter. (c) Whenever in the judgment of the agency any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, then at the request of the agency, the Attorney General may make application to a court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance and, upon a showing by the agency that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. Amended by Act 2019, No. 315,§ 2028, eff. 7/24/2019. Acts 1969, No. 460, §§ 6, 10, 12; A.S.A. 1947, §§ 82-1533, 82-1537, 82-1539.

(a) The State Electronic Product Control Agency or its authorized representatives shall have the power to enter at all reasonable times upon any private or public property on or in which electronic products are being manufactured, distributed, used, or repaired for the purpose of determining whether or not there is compliance with or violation of this subchapter and rules issued under this subchapter. However, entry into areas under the jurisdiction of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative.

(b) In the event of an emergency, the agency shall have the authority to impound or order the impounding of electronic products in the possession of any person who is not equipped to observe or fails to observe the provisions of this subchapter or any rules issued under this subchapter.

(c) Whenever in the judgment of the agency any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, then at the request of the agency, the Attorney General may make application to a court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance and, upon a showing by the agency that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.

Amended by Act 2019, No. 315,§ 2028, eff. 7/24/2019.

Acts 1969, No. 460, §§ 6, 10, 12; A.S.A. 1947, §§ 82-1533, 82-1537, 82-1539.
Ark. Code Ann. § 20-50-101 — AR Code / Title 20 / Chapter 50 / Section 20-50-101
Enactment of compact
Status: in_force

The Interstate Compact on Mental Health is enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: ARTICLE I The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare. ARTICLE II (a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent. (b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent. (c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency. (d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact. (e) "After-care" shall mean care, treatment, and services provided a patient, as defined herein, on convalescent status or conditional release. (f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community. (g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein. (h) "State" shall mean any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ARTICLE III (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement, or citizenship qualifications. (b) The provisions of paragraph (a) of this Article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this Article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient, given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish, and unless the receiving state shall agree to accept the patient. (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient. (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient. ARTICLE IV (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent. (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state. (c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients. ARTICLE V Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law. ARTICLE VI The duly accredited officers of any state party to this compact, upon the establishment of their authority and identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference. ARTICLE VII (a) No person shall be deemed a patient of more than one (1) institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state. (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions, as to payment of costs or responsibilities therefor. (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency, or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact. (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care, or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made. ARTICLE VIII (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances, provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. (b) The term "guardian" as used in paragraph (a) of this Article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient. ARTICLE IX (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution. (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail, or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency. ARTICLE X (a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder. (b) The compact administrator of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE XI The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact. ARTICLE XII This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. ARTICLE XIII (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provision of the compact. (b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement. ARTICLE XIV The compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Acts 1971, No. 433, ch. 9, § 1; A.S.A. 1947, § 59-801.

The Interstate Compact on Mental Health is enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:

ARTICLE I The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

ARTICLE II (a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent. (b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent. (c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency. (d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact. (e) "After-care" shall mean care, treatment, and services provided a patient, as defined herein, on convalescent status or conditional release. (f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community. (g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein. (h) "State" shall mean any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.

(d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.

(e) "After-care" shall mean care, treatment, and services provided a patient, as defined herein, on convalescent status or conditional release.

(f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.

(g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

(h) "State" shall mean any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

ARTICLE III (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement, or citizenship qualifications. (b) The provisions of paragraph (a) of this Article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this Article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient, given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish, and unless the receiving state shall agree to accept the patient. (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient. (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement, or citizenship qualifications.

(b) The provisions of paragraph (a) of this Article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this Article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient, given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish, and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

ARTICLE IV (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent. (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state. (c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

ARTICLE V Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.

ARTICLE VI The duly accredited officers of any state party to this compact, upon the establishment of their authority and identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

The duly accredited officers of any state party to this compact, upon the establishment of their authority and identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

ARTICLE VII (a) No person shall be deemed a patient of more than one (1) institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state. (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions, as to payment of costs or responsibilities therefor. (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency, or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact. (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care, or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

(a) No person shall be deemed a patient of more than one (1) institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions, as to payment of costs or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency, or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care, or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

ARTICLE VIII (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances, provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. (b) The term "guardian" as used in paragraph (a) of this Article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances, provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(b) The term "guardian" as used in paragraph (a) of this Article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

ARTICLE IX (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution. (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail, or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail, or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

ARTICLE X (a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder. (b) The compact administrator of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrator of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE XI The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

ARTICLE XII This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

ARTICLE XIII (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provision of the compact. (b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one (1) year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provision of the compact.

(b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

ARTICLE XIV The compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

The compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Acts 1971, No. 433, ch. 9, § 1; A.S.A. 1947, § 59-801.
Ark. Code Ann. § 20-19-605 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-605
Registration of primates
Status: in_force

(a) (1) (A) Within one hundred eighty (180) days after August 16, 2013, a person that currently owns or possesses a primate shall submit to the county sheriff of the county in which the person keeps a primate a registration form provided by the sheriff's office. (B) A person that in the future may purchase, import, trade for, or otherwise own or possess a primate not prohibited under this subchapter shall within thirty (30) days after acquisition of the primate submit to the county sheriff of the county in which the person keeps the primate a registration form provided by the sheriff's office. (2) (A) The registration form shall include: (i) The name, address, and telephone number of the registrant; (ii) A description of each primate, including the scientific classification, name, gender, age, color, weight, and distinguishing marks; (iii) A photograph of the primate and the enclosure in which the primate is kept with measurements to show compliance with this subchapter; (iv) The location at which the primate is kept; (v) The name, address, and telephone number of the person from whom the registrant obtained the primate, if known; and (vi) A written statement giving the name and address of the veterinarian who provides veterinary care to the primate, signed by the veterinarian. (B) The registrant shall submit with the registration form a one-time registration fee of fifty dollars ($50.00) for the initial registration and a fee of ten dollars ($10.00) for each additional registration to be deposited into the county treasury, which the county sheriff's department shall use to offset the cost of issuing registration for possession of a primate and for costs involved in controlling primates located within the county. (3) The county sheriff's office shall notify the Arkansas State Game and Fish Commission of each registration received by the county sheriff's office. (b) The person shall notify the county sheriff's office of any changes in the information provided on the registration form, including the death or transfer of the primate. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

(a) (1) (A) Within one hundred eighty (180) days after August 16, 2013, a person that currently owns or possesses a primate shall submit to the county sheriff of the county in which the person keeps a primate a registration form provided by the sheriff's office. (B) A person that in the future may purchase, import, trade for, or otherwise own or possess a primate not prohibited under this subchapter shall within thirty (30) days after acquisition of the primate submit to the county sheriff of the county in which the person keeps the primate a registration form provided by the sheriff's office. (2) (A) The registration form shall include: (i) The name, address, and telephone number of the registrant; (ii) A description of each primate, including the scientific classification, name, gender, age, color, weight, and distinguishing marks; (iii) A photograph of the primate and the enclosure in which the primate is kept with measurements to show compliance with this subchapter; (iv) The location at which the primate is kept; (v) The name, address, and telephone number of the person from whom the registrant obtained the primate, if known; and (vi) A written statement giving the name and address of the veterinarian who provides veterinary care to the primate, signed by the veterinarian. (B) The registrant shall submit with the registration form a one-time registration fee of fifty dollars ($50.00) for the initial registration and a fee of ten dollars ($10.00) for each additional registration to be deposited into the county treasury, which the county sheriff's department shall use to offset the cost of issuing registration for possession of a primate and for costs involved in controlling primates located within the county. (3) The county sheriff's office shall notify the Arkansas State Game and Fish Commission of each registration received by the county sheriff's office.

(1) (A) Within one hundred eighty (180) days after August 16, 2013, a person that currently owns or possesses a primate shall submit to the county sheriff of the county in which the person keeps a primate a registration form provided by the sheriff's office. (B) A person that in the future may purchase, import, trade for, or otherwise own or possess a primate not prohibited under this subchapter shall within thirty (30) days after acquisition of the primate submit to the county sheriff of the county in which the person keeps the primate a registration form provided by the sheriff's office.

(A) Within one hundred eighty (180) days after August 16, 2013, a person that currently owns or possesses a primate shall submit to the county sheriff of the county in which the person keeps a primate a registration form provided by the sheriff's office.

(B) A person that in the future may purchase, import, trade for, or otherwise own or possess a primate not prohibited under this subchapter shall within thirty (30) days after acquisition of the primate submit to the county sheriff of the county in which the person keeps the primate a registration form provided by the sheriff's office.

(2) (A) The registration form shall include: (i) The name, address, and telephone number of the registrant; (ii) A description of each primate, including the scientific classification, name, gender, age, color, weight, and distinguishing marks; (iii) A photograph of the primate and the enclosure in which the primate is kept with measurements to show compliance with this subchapter; (iv) The location at which the primate is kept; (v) The name, address, and telephone number of the person from whom the registrant obtained the primate, if known; and (vi) A written statement giving the name and address of the veterinarian who provides veterinary care to the primate, signed by the veterinarian. (B) The registrant shall submit with the registration form a one-time registration fee of fifty dollars ($50.00) for the initial registration and a fee of ten dollars ($10.00) for each additional registration to be deposited into the county treasury, which the county sheriff's department shall use to offset the cost of issuing registration for possession of a primate and for costs involved in controlling primates located within the county.

(A) The registration form shall include: (i) The name, address, and telephone number of the registrant; (ii) A description of each primate, including the scientific classification, name, gender, age, color, weight, and distinguishing marks; (iii) A photograph of the primate and the enclosure in which the primate is kept with measurements to show compliance with this subchapter; (iv) The location at which the primate is kept; (v) The name, address, and telephone number of the person from whom the registrant obtained the primate, if known; and (vi) A written statement giving the name and address of the veterinarian who provides veterinary care to the primate, signed by the veterinarian.

(i) The name, address, and telephone number of the registrant;

(ii) A description of each primate, including the scientific classification, name, gender, age, color, weight, and distinguishing marks;

(iii) A photograph of the primate and the enclosure in which the primate is kept with measurements to show compliance with this subchapter;

(iv) The location at which the primate is kept;

(v) The name, address, and telephone number of the person from whom the registrant obtained the primate, if known; and

(vi) A written statement giving the name and address of the veterinarian who provides veterinary care to the primate, signed by the veterinarian.

(B) The registrant shall submit with the registration form a one-time registration fee of fifty dollars ($50.00) for the initial registration and a fee of ten dollars ($10.00) for each additional registration to be deposited into the county treasury, which the county sheriff's department shall use to offset the cost of issuing registration for possession of a primate and for costs involved in controlling primates located within the county.

(3) The county sheriff's office shall notify the Arkansas State Game and Fish Commission of each registration received by the county sheriff's office.

(b) The person shall notify the county sheriff's office of any changes in the information provided on the registration form, including the death or transfer of the primate.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-77-1703 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1703
Recoupment
Status: in_force

(a) (1) The Department of Human Services shall not use a technical deficiency as grounds for recoupment unless identifying the technical deficiency as an overpayment is mandated by a specific federal statute or regulation or the state is required to repay the funds to the Centers for Medicare & Medicaid Services, or both. (2) When recoupment is permitted, the department shall not recoup until there is a final determination identifying the funds to be recouped as overpayments. (b) (1) The department shall recognize that an error or omission is a technical deficiency if: (A) The error or omission meets the definition of "technical deficiency" in § 20-77-1702 ; (B) The error or omission involved a covered service; and (C) The provider can substantiate through other documentation that the medical assistance was provided. (2) Other documentation under subdivision (b)(1)(C) of this section shall be: (A) In accord with generally accepted healthcare practices; and (B) Contemporaneously created. (3) Other documentation under subdivision (b)(1)(C) of this section is not required to be equivalent in form to, nor required to duplicate, the documentation containing the error or omission, if all the documentation taken together establishes that the claim is payable. (c) This section does not preclude a corrective action plan or other nonmonetary measure in response to technical deficiencies. (d) (1) If a provider fails to comply with a corrective action plan for a pattern of technical deficiencies, then appropriate monetary penalties may be imposed if permitted by law. (2) However, the department first must be clear as to what the technical deficiencies are by providing clear communication in writing or a promulgated rule when required. (e) The department shall not issue a recoupment on a minor omission such as a missing date or signature if the requirements of this section are met. (f) The department shall not rely on the denial of one claim as the sole basis for the denial of a subsequent claim and shall establish that the subsequent claim is deficient. Amended by Act 2013, No. 562,§ 4, eff. 8/16/2013. Acts 2005, No. 1758, § 1; 2007, No. 596, § 1; 2009, No. 952, § 17.

(a) (1) The Department of Human Services shall not use a technical deficiency as grounds for recoupment unless identifying the technical deficiency as an overpayment is mandated by a specific federal statute or regulation or the state is required to repay the funds to the Centers for Medicare & Medicaid Services, or both. (2) When recoupment is permitted, the department shall not recoup until there is a final determination identifying the funds to be recouped as overpayments.

(1) The Department of Human Services shall not use a technical deficiency as grounds for recoupment unless identifying the technical deficiency as an overpayment is mandated by a specific federal statute or regulation or the state is required to repay the funds to the Centers for Medicare & Medicaid Services, or both.

(2) When recoupment is permitted, the department shall not recoup until there is a final determination identifying the funds to be recouped as overpayments.

(b) (1) The department shall recognize that an error or omission is a technical deficiency if: (A) The error or omission meets the definition of "technical deficiency" in § 20-77-1702 ; (B) The error or omission involved a covered service; and (C) The provider can substantiate through other documentation that the medical assistance was provided. (2) Other documentation under subdivision (b)(1)(C) of this section shall be: (A) In accord with generally accepted healthcare practices; and (B) Contemporaneously created. (3) Other documentation under subdivision (b)(1)(C) of this section is not required to be equivalent in form to, nor required to duplicate, the documentation containing the error or omission, if all the documentation taken together establishes that the claim is payable.

(1) The department shall recognize that an error or omission is a technical deficiency if: (A) The error or omission meets the definition of "technical deficiency" in § 20-77-1702 ; (B) The error or omission involved a covered service; and (C) The provider can substantiate through other documentation that the medical assistance was provided.

(A) The error or omission meets the definition of "technical deficiency" in § 20-77-1702 ;

(B) The error or omission involved a covered service; and

(C) The provider can substantiate through other documentation that the medical assistance was provided.

(2) Other documentation under subdivision (b)(1)(C) of this section shall be: (A) In accord with generally accepted healthcare practices; and (B) Contemporaneously created.

(A) In accord with generally accepted healthcare practices; and

(B) Contemporaneously created.

(3) Other documentation under subdivision (b)(1)(C) of this section is not required to be equivalent in form to, nor required to duplicate, the documentation containing the error or omission, if all the documentation taken together establishes that the claim is payable.

(c) This section does not preclude a corrective action plan or other nonmonetary measure in response to technical deficiencies.

(d) (1) If a provider fails to comply with a corrective action plan for a pattern of technical deficiencies, then appropriate monetary penalties may be imposed if permitted by law. (2) However, the department first must be clear as to what the technical deficiencies are by providing clear communication in writing or a promulgated rule when required.

(1) If a provider fails to comply with a corrective action plan for a pattern of technical deficiencies, then appropriate monetary penalties may be imposed if permitted by law.

(2) However, the department first must be clear as to what the technical deficiencies are by providing clear communication in writing or a promulgated rule when required.

(e) The department shall not issue a recoupment on a minor omission such as a missing date or signature if the requirements of this section are met.

(f) The department shall not rely on the denial of one claim as the sole basis for the denial of a subsequent claim and shall establish that the subsequent claim is deficient.

Amended by Act 2013, No. 562,§ 4, eff. 8/16/2013.

Acts 2005, No. 1758, § 1; 2007, No. 596, § 1; 2009, No. 952, § 17.