Ark. Code Ann. § 20-15-2301 — AR Code / Title 20 / Chapter 15 / Subchapter 23 / Section 20-15-2301
Maternal Mortality Review Committee
Status: in_force

(a) (1) The Department of Health shall establish the Maternal Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths. (2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department. (b) The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section. Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.

(a) (1) The Department of Health shall establish the Maternal Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths. (2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department.

(1) The Department of Health shall establish the Maternal Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths.

(2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department.

(b) The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section.

Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-64-703 — AR Code / Title 20 / Chapter 64 / Subchapter 7 / Section 20-64-703
Construction
Status: in_force

This subchapter shall be liberally construed to accomplish the purposes sought in it. Acts 1955, No. 411, § 2; A.S.A. 1947, § 83-702.

This subchapter shall be liberally construed to accomplish the purposes sought in it.

Acts 1955, No. 411, § 2; A.S.A. 1947, § 83-702.
Ark. Code Ann. § 20-79-101 — AR Code / Title 20 / Chapter 79 / Subchapter 1 / Section 20-79-101
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1157,§ 9, eff. 7/22/2015. Acts 1923, No. 70, § 1; Pope's Dig., § 11639; A.S.A. 1947, § 80-2518.

Repealed by Act 2015, No. 1157,§ 9, eff. 7/22/2015.

Acts 1923, No. 70, § 1; Pope's Dig., § 11639; A.S.A. 1947, § 80-2518.
Ark. Code Ann. § 20-17-1219 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1219
Law governing validity - Choice of law as to execution of document of gift - Presumption of validity
Status: in_force

(a) A document of gift is valid if executed in accordance with: (1) this subchapter; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift. (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. Acts 2007, No. 839, § 1.

(a) A document of gift is valid if executed in accordance with: (1) this subchapter; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(1) this subchapter;

(2) the laws of the state or country where it was executed; or

(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.

(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-77-705 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-705
Conditions for benefits - Changes in benefits
Status: in_force

(a) Benefits shall not be awarded: (1) Unless the claim has been filed with the cotrustees of the Special Needs Trust Revolving Fund after the injury, disability, or medical condition exists; or (2) If any governmental entitlement or insurance program provides comparable benefits to persons eligible to participate in those programs. (b) Benefits otherwise payable to a beneficiary shall be diminished to the extent that the economic loss is recouped from collateral sources and retained by the beneficiary or claimant. (c) In determining eligibility for benefits from the Special Needs Trust Revolving Fund, the cotrustees shall apply the same eligibility standards as those then in effect for assistance under the state medical assistance program. (d) In the event that the fund results in a contributing beneficiary's being declared ineligible for state medical assistance payments, the contributing beneficiary may elect: (1) To take no action; (2) To withdraw from the fund, whereupon the contributing beneficiary shall be entitled to the unexpended portion of his or her contribution; or (3) To continue to participate in the fund and be eligible for benefits from the fund, but to relinquish any other interest in the fund, including any right the contributing beneficiary or the contributing beneficiary's estate may have had to any unexpended portion of the beneficiary's contribution. Any such relinquishment shall be deemed to have been made for adequate consideration. Acts 1993, No. 1228, § 1.

(a) Benefits shall not be awarded: (1) Unless the claim has been filed with the cotrustees of the Special Needs Trust Revolving Fund after the injury, disability, or medical condition exists; or (2) If any governmental entitlement or insurance program provides comparable benefits to persons eligible to participate in those programs.

(1) Unless the claim has been filed with the cotrustees of the Special Needs Trust Revolving Fund after the injury, disability, or medical condition exists; or

(2) If any governmental entitlement or insurance program provides comparable benefits to persons eligible to participate in those programs.

(b) Benefits otherwise payable to a beneficiary shall be diminished to the extent that the economic loss is recouped from collateral sources and retained by the beneficiary or claimant.

(c) In determining eligibility for benefits from the Special Needs Trust Revolving Fund, the cotrustees shall apply the same eligibility standards as those then in effect for assistance under the state medical assistance program.

(d) In the event that the fund results in a contributing beneficiary's being declared ineligible for state medical assistance payments, the contributing beneficiary may elect: (1) To take no action; (2) To withdraw from the fund, whereupon the contributing beneficiary shall be entitled to the unexpended portion of his or her contribution; or (3) To continue to participate in the fund and be eligible for benefits from the fund, but to relinquish any other interest in the fund, including any right the contributing beneficiary or the contributing beneficiary's estate may have had to any unexpended portion of the beneficiary's contribution. Any such relinquishment shall be deemed to have been made for adequate consideration.

(1) To take no action;

(2) To withdraw from the fund, whereupon the contributing beneficiary shall be entitled to the unexpended portion of his or her contribution; or

(3) To continue to participate in the fund and be eligible for benefits from the fund, but to relinquish any other interest in the fund, including any right the contributing beneficiary or the contributing beneficiary's estate may have had to any unexpended portion of the beneficiary's contribution. Any such relinquishment shall be deemed to have been made for adequate consideration.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-21-311 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-311
Intergovernmental agreements
Status: in_force

The State Electronic Product Control Agency may enter into agreements or contracts with the United States Government, other states, or interstate agencies whereby this state will perform inspections or other functions relating to the control of radiation from electronic products on a cooperative basis with the United States Government, other states, or interstate agencies. Acts 1969, No. 460, § 8; A.S.A. 1947, § 82-1535.

The State Electronic Product Control Agency may enter into agreements or contracts with the United States Government, other states, or interstate agencies whereby this state will perform inspections or other functions relating to the control of radiation from electronic products on a cooperative basis with the United States Government, other states, or interstate agencies.

Acts 1969, No. 460, § 8; A.S.A. 1947, § 82-1535.
Ark. Code Ann. § 20-76-303 — AR Code / Title 20 / Chapter 76 / Subchapter 3 / Section 20-76-303
State Department for Social Security Administration Disability Determination and director - Powers and duties
Status: in_force

It shall be the function, power, and duty of the State Department for Social Security Administration Disability Determination, or the Director of the State Department for Social Security Administration Disability Determination: (1) To enter into agreements with the United States Department of Health and Human Services and the United States Secretary of Health and Human Services whereby the State Department for Social Security Administration Disability Determination, with respect to all individuals in this state, or with respect to such classes of individuals in this state as may be designated in the agreement, will, in the case of any individual, determine whether or not he or she is under a disability and of the day the disability began and of the day on which the disability ceased. For the purposes hereof, the term "disability" shall be as defined in any agreement or by applicable law; (2) To accept and deposit into the State Treasury any funds from whatever source received and to withdraw therefrom such funds as may be required to carry out its functions, powers, and duties and, with respect thereto, to comply fully with the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and the Arkansas Procurement Law, § 19-11-201 et seq., and, where more restrictive, with the terms of any agreement entered into with the secretary in relation to the use of any funds made available to the State Department for Social Security Administration Disability Determination by the United States, or by any department or agency thereof. However, the State Department for Social Security Administration Disability Determination shall not have the authority to commit this state, either directly or indirectly, to the expenditure of any state funds in the absence of specific authority granted by the General Assembly; and (3) To take such other action, not inconsistent with law, as shall be necessary or desirable to carry out effectively the purposes and intent of this subchapter. Acts 1961 (2nd Ex. Sess.), No. 14, § 4; A.S.A. 1947, § 83-804.

It shall be the function, power, and duty of the State Department for Social Security Administration Disability Determination, or the Director of the State Department for Social Security Administration Disability Determination:

(1) To enter into agreements with the United States Department of Health and Human Services and the United States Secretary of Health and Human Services whereby the State Department for Social Security Administration Disability Determination, with respect to all individuals in this state, or with respect to such classes of individuals in this state as may be designated in the agreement, will, in the case of any individual, determine whether or not he or she is under a disability and of the day the disability began and of the day on which the disability ceased. For the purposes hereof, the term "disability" shall be as defined in any agreement or by applicable law;

(2) To accept and deposit into the State Treasury any funds from whatever source received and to withdraw therefrom such funds as may be required to carry out its functions, powers, and duties and, with respect thereto, to comply fully with the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and the Arkansas Procurement Law, § 19-11-201 et seq., and, where more restrictive, with the terms of any agreement entered into with the secretary in relation to the use of any funds made available to the State Department for Social Security Administration Disability Determination by the United States, or by any department or agency thereof. However, the State Department for Social Security Administration Disability Determination shall not have the authority to commit this state, either directly or indirectly, to the expenditure of any state funds in the absence of specific authority granted by the General Assembly; and

(3) To take such other action, not inconsistent with law, as shall be necessary or desirable to carry out effectively the purposes and intent of this subchapter.

Acts 1961 (2nd Ex. Sess.), No. 14, § 4; A.S.A. 1947, § 83-804.
Ark. Code Ann. § 20-77-131 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-131
Determination that a Medicaid provider is out of business - Definition
Status: in_force

(a) As used in this section, "entity" means: (1) A corporation, including without limitation a professional, medical, or dental corporation; (2) A limited liability company, including without limitation a professional, medical, or dental limited liability company; and (3) A partnership, including without limitation a limited partnership. (b) (1) For the purpose of determining whether an overpayment must be refunded to the United States Government, the Director of the Division of Medical Services of the Department of Human Services is authorized to determine and certify that a Medicaid provider is out of business and that an overpayment owed by the provider cannot be collected under state law and procedures. (2) The director may make this determination on the basis of any facts and circumstances deemed relevant and material by the director. (c) For the purpose of this section, the director may conclusively presume a provider to be out of business as of: (1) The date of suspension, expiration, surrender, or revocation of a license or certification required for the provider to operate; or (2) For a provider that did business in the form of an entity, the date of the: (A) Dissolution of the entity; (B) Occurrence of an event which would trigger dissolution; or (C) Forfeiture or revocation of the entity's charter or authority to do business by the Secretary of State or other state authority. (d) A determination or certification made by the director under this section: (1) Does not abrogate, limit, or modify a provider's debt or obligation to repay; (2) Is not a defense to recoupment of Medicaid payments from a provider; and (3) May not serve as the basis for an adverse action against a provider. (e) The Department of Human Services may promulgate rules to administer this section. Added by Act 2015, No. 1269,§ 1, eff. 7/22/2015.

(a) As used in this section, "entity" means: (1) A corporation, including without limitation a professional, medical, or dental corporation; (2) A limited liability company, including without limitation a professional, medical, or dental limited liability company; and (3) A partnership, including without limitation a limited partnership.

(1) A corporation, including without limitation a professional, medical, or dental corporation;

(2) A limited liability company, including without limitation a professional, medical, or dental limited liability company; and

(3) A partnership, including without limitation a limited partnership.

(b) (1) For the purpose of determining whether an overpayment must be refunded to the United States Government, the Director of the Division of Medical Services of the Department of Human Services is authorized to determine and certify that a Medicaid provider is out of business and that an overpayment owed by the provider cannot be collected under state law and procedures. (2) The director may make this determination on the basis of any facts and circumstances deemed relevant and material by the director.

(1) For the purpose of determining whether an overpayment must be refunded to the United States Government, the Director of the Division of Medical Services of the Department of Human Services is authorized to determine and certify that a Medicaid provider is out of business and that an overpayment owed by the provider cannot be collected under state law and procedures.

(2) The director may make this determination on the basis of any facts and circumstances deemed relevant and material by the director.

(c) For the purpose of this section, the director may conclusively presume a provider to be out of business as of: (1) The date of suspension, expiration, surrender, or revocation of a license or certification required for the provider to operate; or (2) For a provider that did business in the form of an entity, the date of the: (A) Dissolution of the entity; (B) Occurrence of an event which would trigger dissolution; or (C) Forfeiture or revocation of the entity's charter or authority to do business by the Secretary of State or other state authority.

(1) The date of suspension, expiration, surrender, or revocation of a license or certification required for the provider to operate; or

(2) For a provider that did business in the form of an entity, the date of the: (A) Dissolution of the entity; (B) Occurrence of an event which would trigger dissolution; or (C) Forfeiture or revocation of the entity's charter or authority to do business by the Secretary of State or other state authority.

(A) Dissolution of the entity;

(B) Occurrence of an event which would trigger dissolution; or

(C) Forfeiture or revocation of the entity's charter or authority to do business by the Secretary of State or other state authority.

(d) A determination or certification made by the director under this section: (1) Does not abrogate, limit, or modify a provider's debt or obligation to repay; (2) Is not a defense to recoupment of Medicaid payments from a provider; and (3) May not serve as the basis for an adverse action against a provider.

(1) Does not abrogate, limit, or modify a provider's debt or obligation to repay;

(2) Is not a defense to recoupment of Medicaid payments from a provider; and

(3) May not serve as the basis for an adverse action against a provider.

(e) The Department of Human Services may promulgate rules to administer this section.

Added by Act 2015, No. 1269,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-16-605 — AR Code / Title 20 / Chapter 16 / Subchapter 6 / Section 20-16-605
Reporting requirements for abortion complications - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Abortion complication" means any harmful event or adverse outcome with respect to a patient related to an abortion that is performed on the patient and that is diagnosed or treated by a physician or at a healthcare facility. (B) "Abortion complication" includes without limitation: (i) Shock; (ii) Uterine perforation; (iii) Cervical laceration; (iv) Hemorrhage; (v) Aspiration or allergic response; (vi) Infection; (vii) Sepsis; (viii) Death; (ix) Incomplete abortion; (x) Damage to the uterus; and (xi) An infant born alive after an abortion procedure; and (2) "Healthcare facility" means a hospital, abortion facility, or healthcare facility that provides emergency medical care. (b) This section applies only to: (1) A physician who: (A) Performs at an abortion facility an abortion that results in an abortion complication diagnosed or treated by the physician; or (B) Diagnoses or treats at an abortion facility an abortion complication that is the result of an abortion performed by another physician at the abortion facility; and (2) A healthcare facility. (c) (1) (A) A physician described under subdivision (b)(1) of this section shall electronically submit to the Department of Health a report on each abortion complication diagnosed or treated by the physician not later than the end of the third business day after the date on which the abortion complication was diagnosed or treated. (B) A healthcare facility described under subdivision (b)(2) of this section shall electronically submit to the department a report on each abortion complication diagnosed or treated by the healthcare facility not later than the thirtieth day after the date on which the abortion complication was diagnosed or treated. (2) The reports described in subdivision (c)(1) of this section shall: (A) Be submitted in the form and manner prescribed by rule of the department; (B) Identify the name of the physician submitting the report or the name and type of healthcare facility submitting the report; (C) Not identify by any means the physician performing the abortion or the patient on whom the abortion was performed; (D) Include the most specific, accurate, and complete reporting for the highest level of specificity; and (E) Include the following information, if known, for each abortion complication: (i) The date of the abortion that caused or may have caused the abortion complication; (ii) The type of abortion that caused or may have caused the abortion complication; (iii) The gestational age of the fetus at the time that the abortion was performed; (iv) The name and type of healthcare facility in which the abortion was performed; (v) The date the abortion complication was diagnosed or treated; (vi) The name and type of any healthcare facility other than the reporting healthcare facility in which the abortion complication was diagnosed or treated; (vii) A description of the abortion complication; (viii) The patient's year of birth, race, marital status, state of residence, and county of residence; (ix) The date of the first day of the patient's last menstrual period that occurred before the date of the abortion that caused or may have caused the abortion complication, if known; (x) The number of previous live births of the patient; and (xi) The number of previous induced abortions of the patient. (3) An event associated with a medical procedure performed after a natural miscarriage, spontaneous abortion, or fetal death is not subject to reporting under this section. (d) (1) The department shall develop and publish on the website of the department an annual report that aggregates on a statewide basis each abortion complication reported under this section. (2) The annual report shall not include any duplicative data. (e) (1) The information and records held by the department under this section are confidential and shall not be disclosed under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) The information and records shall be released only in the following circumstances: (A) For statistical purposes, but only if a person, patient, or healthcare facility is not identified; (B) With the consent of each person, patient, and healthcare facility identified in the information released; (C) For the purpose of enforcing this section, to medical personnel, appropriate state agencies, county courts, or district courts; or (D) For the purpose of enforcing state licensing laws, to appropriate state licensing boards. (f) (1) A physician or healthcare facility that violates this section is subject to a civil penalty of five hundred dollars ($500) for each violation. (2) The Attorney General, at the request of the department or appropriate licensing board, may file an action to recover a civil penalty assessed under subdivision (f)(1) of this section and may recover attorney's fees and costs incurred in bringing the civil action. (3) Each day of a continuing violation shall constitute a separate violation. (4) A third separate violation of this section shall constitute grounds for: (A) Revocation or suspension of the physician's or the healthcare facility's license, permit, registration, certificate, or other authority; or (B) Other disciplinary action against the physician or healthcare facility by the appropriate licensing board. (5) The department shall notify the Arkansas State Medical Board of any violations of this section by a physician. Added by Act 2019, No. 620,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) (A) "Abortion complication" means any harmful event or adverse outcome with respect to a patient related to an abortion that is performed on the patient and that is diagnosed or treated by a physician or at a healthcare facility. (B) "Abortion complication" includes without limitation: (i) Shock; (ii) Uterine perforation; (iii) Cervical laceration; (iv) Hemorrhage; (v) Aspiration or allergic response; (vi) Infection; (vii) Sepsis; (viii) Death; (ix) Incomplete abortion; (x) Damage to the uterus; and (xi) An infant born alive after an abortion procedure; and (2) "Healthcare facility" means a hospital, abortion facility, or healthcare facility that provides emergency medical care.

(1) (A) "Abortion complication" means any harmful event or adverse outcome with respect to a patient related to an abortion that is performed on the patient and that is diagnosed or treated by a physician or at a healthcare facility. (B) "Abortion complication" includes without limitation: (i) Shock; (ii) Uterine perforation; (iii) Cervical laceration; (iv) Hemorrhage; (v) Aspiration or allergic response; (vi) Infection; (vii) Sepsis; (viii) Death; (ix) Incomplete abortion; (x) Damage to the uterus; and (xi) An infant born alive after an abortion procedure; and

(A) "Abortion complication" means any harmful event or adverse outcome with respect to a patient related to an abortion that is performed on the patient and that is diagnosed or treated by a physician or at a healthcare facility.

(B) "Abortion complication" includes without limitation: (i) Shock; (ii) Uterine perforation; (iii) Cervical laceration; (iv) Hemorrhage; (v) Aspiration or allergic response; (vi) Infection; (vii) Sepsis; (viii) Death; (ix) Incomplete abortion; (x) Damage to the uterus; and (xi) An infant born alive after an abortion procedure; and

(i) Shock;

(ii) Uterine perforation;

(iii) Cervical laceration;

(iv) Hemorrhage;

(v) Aspiration or allergic response;

(vi) Infection;

(vii) Sepsis;

(viii) Death;

(ix) Incomplete abortion;

(x) Damage to the uterus; and

(xi) An infant born alive after an abortion procedure; and

(2) "Healthcare facility" means a hospital, abortion facility, or healthcare facility that provides emergency medical care.

(b) This section applies only to: (1) A physician who: (A) Performs at an abortion facility an abortion that results in an abortion complication diagnosed or treated by the physician; or (B) Diagnoses or treats at an abortion facility an abortion complication that is the result of an abortion performed by another physician at the abortion facility; and (2) A healthcare facility.

(1) A physician who: (A) Performs at an abortion facility an abortion that results in an abortion complication diagnosed or treated by the physician; or (B) Diagnoses or treats at an abortion facility an abortion complication that is the result of an abortion performed by another physician at the abortion facility; and

(A) Performs at an abortion facility an abortion that results in an abortion complication diagnosed or treated by the physician; or

(B) Diagnoses or treats at an abortion facility an abortion complication that is the result of an abortion performed by another physician at the abortion facility; and

(2) A healthcare facility.

(c) (1) (A) A physician described under subdivision (b)(1) of this section shall electronically submit to the Department of Health a report on each abortion complication diagnosed or treated by the physician not later than the end of the third business day after the date on which the abortion complication was diagnosed or treated. (B) A healthcare facility described under subdivision (b)(2) of this section shall electronically submit to the department a report on each abortion complication diagnosed or treated by the healthcare facility not later than the thirtieth day after the date on which the abortion complication was diagnosed or treated. (2) The reports described in subdivision (c)(1) of this section shall: (A) Be submitted in the form and manner prescribed by rule of the department; (B) Identify the name of the physician submitting the report or the name and type of healthcare facility submitting the report; (C) Not identify by any means the physician performing the abortion or the patient on whom the abortion was performed; (D) Include the most specific, accurate, and complete reporting for the highest level of specificity; and (E) Include the following information, if known, for each abortion complication: (i) The date of the abortion that caused or may have caused the abortion complication; (ii) The type of abortion that caused or may have caused the abortion complication; (iii) The gestational age of the fetus at the time that the abortion was performed; (iv) The name and type of healthcare facility in which the abortion was performed; (v) The date the abortion complication was diagnosed or treated; (vi) The name and type of any healthcare facility other than the reporting healthcare facility in which the abortion complication was diagnosed or treated; (vii) A description of the abortion complication; (viii) The patient's year of birth, race, marital status, state of residence, and county of residence; (ix) The date of the first day of the patient's last menstrual period that occurred before the date of the abortion that caused or may have caused the abortion complication, if known; (x) The number of previous live births of the patient; and (xi) The number of previous induced abortions of the patient. (3) An event associated with a medical procedure performed after a natural miscarriage, spontaneous abortion, or fetal death is not subject to reporting under this section.

(1) (A) A physician described under subdivision (b)(1) of this section shall electronically submit to the Department of Health a report on each abortion complication diagnosed or treated by the physician not later than the end of the third business day after the date on which the abortion complication was diagnosed or treated. (B) A healthcare facility described under subdivision (b)(2) of this section shall electronically submit to the department a report on each abortion complication diagnosed or treated by the healthcare facility not later than the thirtieth day after the date on which the abortion complication was diagnosed or treated.

(A) A physician described under subdivision (b)(1) of this section shall electronically submit to the Department of Health a report on each abortion complication diagnosed or treated by the physician not later than the end of the third business day after the date on which the abortion complication was diagnosed or treated.

(B) A healthcare facility described under subdivision (b)(2) of this section shall electronically submit to the department a report on each abortion complication diagnosed or treated by the healthcare facility not later than the thirtieth day after the date on which the abortion complication was diagnosed or treated.

(2) The reports described in subdivision (c)(1) of this section shall: (A) Be submitted in the form and manner prescribed by rule of the department; (B) Identify the name of the physician submitting the report or the name and type of healthcare facility submitting the report; (C) Not identify by any means the physician performing the abortion or the patient on whom the abortion was performed; (D) Include the most specific, accurate, and complete reporting for the highest level of specificity; and (E) Include the following information, if known, for each abortion complication: (i) The date of the abortion that caused or may have caused the abortion complication; (ii) The type of abortion that caused or may have caused the abortion complication; (iii) The gestational age of the fetus at the time that the abortion was performed; (iv) The name and type of healthcare facility in which the abortion was performed; (v) The date the abortion complication was diagnosed or treated; (vi) The name and type of any healthcare facility other than the reporting healthcare facility in which the abortion complication was diagnosed or treated; (vii) A description of the abortion complication; (viii) The patient's year of birth, race, marital status, state of residence, and county of residence; (ix) The date of the first day of the patient's last menstrual period that occurred before the date of the abortion that caused or may have caused the abortion complication, if known; (x) The number of previous live births of the patient; and (xi) The number of previous induced abortions of the patient.

(A) Be submitted in the form and manner prescribed by rule of the department;

(B) Identify the name of the physician submitting the report or the name and type of healthcare facility submitting the report;

(C) Not identify by any means the physician performing the abortion or the patient on whom the abortion was performed;

(D) Include the most specific, accurate, and complete reporting for the highest level of specificity; and

(E) Include the following information, if known, for each abortion complication: (i) The date of the abortion that caused or may have caused the abortion complication; (ii) The type of abortion that caused or may have caused the abortion complication; (iii) The gestational age of the fetus at the time that the abortion was performed; (iv) The name and type of healthcare facility in which the abortion was performed; (v) The date the abortion complication was diagnosed or treated; (vi) The name and type of any healthcare facility other than the reporting healthcare facility in which the abortion complication was diagnosed or treated; (vii) A description of the abortion complication; (viii) The patient's year of birth, race, marital status, state of residence, and county of residence; (ix) The date of the first day of the patient's last menstrual period that occurred before the date of the abortion that caused or may have caused the abortion complication, if known; (x) The number of previous live births of the patient; and (xi) The number of previous induced abortions of the patient.

(i) The date of the abortion that caused or may have caused the abortion complication;

(ii) The type of abortion that caused or may have caused the abortion complication;

(iii) The gestational age of the fetus at the time that the abortion was performed;

(iv) The name and type of healthcare facility in which the abortion was performed;

(v) The date the abortion complication was diagnosed or treated;

(vi) The name and type of any healthcare facility other than the reporting healthcare facility in which the abortion complication was diagnosed or treated;

(vii) A description of the abortion complication;

(viii) The patient's year of birth, race, marital status, state of residence, and county of residence;

(ix) The date of the first day of the patient's last menstrual period that occurred before the date of the abortion that caused or may have caused the abortion complication, if known;

(x) The number of previous live births of the patient; and

(xi) The number of previous induced abortions of the patient.

(3) An event associated with a medical procedure performed after a natural miscarriage, spontaneous abortion, or fetal death is not subject to reporting under this section.

(d) (1) The department shall develop and publish on the website of the department an annual report that aggregates on a statewide basis each abortion complication reported under this section. (2) The annual report shall not include any duplicative data.

(1) The department shall develop and publish on the website of the department an annual report that aggregates on a statewide basis each abortion complication reported under this section.

(2) The annual report shall not include any duplicative data.

(e) (1) The information and records held by the department under this section are confidential and shall not be disclosed under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) The information and records shall be released only in the following circumstances: (A) For statistical purposes, but only if a person, patient, or healthcare facility is not identified; (B) With the consent of each person, patient, and healthcare facility identified in the information released; (C) For the purpose of enforcing this section, to medical personnel, appropriate state agencies, county courts, or district courts; or (D) For the purpose of enforcing state licensing laws, to appropriate state licensing boards.

(1) The information and records held by the department under this section are confidential and shall not be disclosed under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) The information and records shall be released only in the following circumstances: (A) For statistical purposes, but only if a person, patient, or healthcare facility is not identified; (B) With the consent of each person, patient, and healthcare facility identified in the information released; (C) For the purpose of enforcing this section, to medical personnel, appropriate state agencies, county courts, or district courts; or (D) For the purpose of enforcing state licensing laws, to appropriate state licensing boards.

(A) For statistical purposes, but only if a person, patient, or healthcare facility is not identified;

(B) With the consent of each person, patient, and healthcare facility identified in the information released;

(C) For the purpose of enforcing this section, to medical personnel, appropriate state agencies, county courts, or district courts; or

(D) For the purpose of enforcing state licensing laws, to appropriate state licensing boards.

(f) (1) A physician or healthcare facility that violates this section is subject to a civil penalty of five hundred dollars ($500) for each violation. (2) The Attorney General, at the request of the department or appropriate licensing board, may file an action to recover a civil penalty assessed under subdivision (f)(1) of this section and may recover attorney's fees and costs incurred in bringing the civil action. (3) Each day of a continuing violation shall constitute a separate violation. (4) A third separate violation of this section shall constitute grounds for: (A) Revocation or suspension of the physician's or the healthcare facility's license, permit, registration, certificate, or other authority; or (B) Other disciplinary action against the physician or healthcare facility by the appropriate licensing board. (5) The department shall notify the Arkansas State Medical Board of any violations of this section by a physician.

(1) A physician or healthcare facility that violates this section is subject to a civil penalty of five hundred dollars ($500) for each violation.

(2) The Attorney General, at the request of the department or appropriate licensing board, may file an action to recover a civil penalty assessed under subdivision (f)(1) of this section and may recover attorney's fees and costs incurred in bringing the civil action.

(3) Each day of a continuing violation shall constitute a separate violation.

(4) A third separate violation of this section shall constitute grounds for: (A) Revocation or suspension of the physician's or the healthcare facility's license, permit, registration, certificate, or other authority; or (B) Other disciplinary action against the physician or healthcare facility by the appropriate licensing board.

(A) Revocation or suspension of the physician's or the healthcare facility's license, permit, registration, certificate, or other authority; or

(B) Other disciplinary action against the physician or healthcare facility by the appropriate licensing board.

(5) The department shall notify the Arkansas State Medical Board of any violations of this section by a physician.

Added by Act 2019, No. 620,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-22-803 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-803
Arkansas Fire Protection Services Board - Creation - Membership
Status: in_force

(a) (1) There is created the Arkansas Fire Protection Services Board. (2) The board shall be composed of seventeen (17) members to be appointed by the Governor subject to confirmation by the Senate as follows: (A) (i) Four (4) members shall be fire chiefs appointed by the Governor after consulting the Arkansas Association of Fire Chiefs. (ii) One (1) shall be a volunteer fire chief; (B) Two (2) members shall be appointed after consulting the Arkansas Rural and Volunteer Firefighters Association; (C) Four (4) members shall be appointed after consulting the Arkansas State Firefighters Association, Inc. of which: (i) Two (2) members shall be full paid firefighters; and (ii) Two (2) members shall be volunteer firefighters; (D) Four (4) members shall be appointed by the Governor after consulting the Arkansas Professional Fire Fighters Association; (E) The State Forester of the Arkansas Forestry Commission or his or her designee; and (F) Two (2) members shall be appointed after consulting the Arkansas Fire Marshal's Association, Inc. (3) The Director of the Arkansas Fire Training Academy, the Director of the Division of Emergency Management or his or her designee, and the State Fire Marshal or his or her designee shall be ex officio members. (4) Members shall serve three-year terms. (5) Each member shall hold office until his or her successor is appointed and qualified. (b) (1) The board shall elect annually a chair, vice chair, and secretary. (2) The board shall meet at the call of the Chair of the Arkansas Fire Protection Services Board or a majority of the members. (3) A majority of the members constitutes a quorum. (c) The Governor shall fill vacancies occurring on the board with appointments for the duration of the unexpired terms. (d) The members shall serve without pay but may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 841,§ 40, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6020, eff. 7/1/2019. Amended by Act 2015, No. 1100,§ 50, eff. 7/22/2015. Amended by Act 2013, No. 1256,§ 1, eff. 8/16/2013. Acts 1987, No. 837, § 3; 1997, No. 250, § 195; 2003, No. 1459, § 2.

(a) (1) There is created the Arkansas Fire Protection Services Board. (2) The board shall be composed of seventeen (17) members to be appointed by the Governor subject to confirmation by the Senate as follows: (A) (i) Four (4) members shall be fire chiefs appointed by the Governor after consulting the Arkansas Association of Fire Chiefs. (ii) One (1) shall be a volunteer fire chief; (B) Two (2) members shall be appointed after consulting the Arkansas Rural and Volunteer Firefighters Association; (C) Four (4) members shall be appointed after consulting the Arkansas State Firefighters Association, Inc. of which: (i) Two (2) members shall be full paid firefighters; and (ii) Two (2) members shall be volunteer firefighters; (D) Four (4) members shall be appointed by the Governor after consulting the Arkansas Professional Fire Fighters Association; (E) The State Forester of the Arkansas Forestry Commission or his or her designee; and (F) Two (2) members shall be appointed after consulting the Arkansas Fire Marshal's Association, Inc. (3) The Director of the Arkansas Fire Training Academy, the Director of the Division of Emergency Management or his or her designee, and the State Fire Marshal or his or her designee shall be ex officio members. (4) Members shall serve three-year terms. (5) Each member shall hold office until his or her successor is appointed and qualified.

(1) There is created the Arkansas Fire Protection Services Board.

(2) The board shall be composed of seventeen (17) members to be appointed by the Governor subject to confirmation by the Senate as follows: (A) (i) Four (4) members shall be fire chiefs appointed by the Governor after consulting the Arkansas Association of Fire Chiefs. (ii) One (1) shall be a volunteer fire chief; (B) Two (2) members shall be appointed after consulting the Arkansas Rural and Volunteer Firefighters Association; (C) Four (4) members shall be appointed after consulting the Arkansas State Firefighters Association, Inc. of which: (i) Two (2) members shall be full paid firefighters; and (ii) Two (2) members shall be volunteer firefighters; (D) Four (4) members shall be appointed by the Governor after consulting the Arkansas Professional Fire Fighters Association; (E) The State Forester of the Arkansas Forestry Commission or his or her designee; and (F) Two (2) members shall be appointed after consulting the Arkansas Fire Marshal's Association, Inc.

(A) (i) Four (4) members shall be fire chiefs appointed by the Governor after consulting the Arkansas Association of Fire Chiefs. (ii) One (1) shall be a volunteer fire chief;

(i) Four (4) members shall be fire chiefs appointed by the Governor after consulting the Arkansas Association of Fire Chiefs.

(ii) One (1) shall be a volunteer fire chief;

(B) Two (2) members shall be appointed after consulting the Arkansas Rural and Volunteer Firefighters Association;

(C) Four (4) members shall be appointed after consulting the Arkansas State Firefighters Association, Inc. of which: (i) Two (2) members shall be full paid firefighters; and (ii) Two (2) members shall be volunteer firefighters;

(i) Two (2) members shall be full paid firefighters; and

(ii) Two (2) members shall be volunteer firefighters;

(D) Four (4) members shall be appointed by the Governor after consulting the Arkansas Professional Fire Fighters Association;

(E) The State Forester of the Arkansas Forestry Commission or his or her designee; and

(F) Two (2) members shall be appointed after consulting the Arkansas Fire Marshal's Association, Inc.

(3) The Director of the Arkansas Fire Training Academy, the Director of the Division of Emergency Management or his or her designee, and the State Fire Marshal or his or her designee shall be ex officio members.

(4) Members shall serve three-year terms.

(5) Each member shall hold office until his or her successor is appointed and qualified.

(b) (1) The board shall elect annually a chair, vice chair, and secretary. (2) The board shall meet at the call of the Chair of the Arkansas Fire Protection Services Board or a majority of the members. (3) A majority of the members constitutes a quorum.

(1) The board shall elect annually a chair, vice chair, and secretary.

(2) The board shall meet at the call of the Chair of the Arkansas Fire Protection Services Board or a majority of the members.

(3) A majority of the members constitutes a quorum.

(c) The Governor shall fill vacancies occurring on the board with appointments for the duration of the unexpired terms.

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

Amended by Act 2023, No. 841,§ 40, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6020, eff. 7/1/2019.

Amended by Act 2015, No. 1100,§ 50, eff. 7/22/2015.

Amended by Act 2013, No. 1256,§ 1, eff. 8/16/2013.

Acts 1987, No. 837, § 3; 1997, No. 250, § 195; 2003, No. 1459, § 2.
Ark. Code Ann. § 20-57-308 — AR Code / Title 20 / Chapter 57 / Subchapter 3 / Section 20-57-308
Method of enrichment - Bread
Status: in_force

The enrichment of bread may be accomplished through the use of enriched flour, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched bread which meets the requirements of § 20-57-306 . Acts 1945, No. 214, § 5; A.S.A. 1947, § 82-938.

The enrichment of bread may be accomplished through the use of enriched flour, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched bread which meets the requirements of § 20-57-306 .

Acts 1945, No. 214, § 5; A.S.A. 1947, § 82-938.
Ark. Code Ann. § 20-16-1110 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1110
Civil remedies
Status: in_force

(a) An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by: (1) Any person upon whom the abortion was performed; (2) The father of the unborn child who was the subject of the abortion; or (3) A grandparent of the unborn child who was the subject of the abortion. (b) Any female upon whom an abortion has been attempted in violation of this subchapter may bring an action for actual and punitive damages against a person who attempted to perform the abortion in knowing or reckless violation of this subchapter. (c) (1) If the Department of Health fails to issue the public report required under § 20-16-1108 , any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court. (2) Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt. (d) (1) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant. (2) If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff. Amended by Act 2019, No. 910,§ 5012, eff. 7/1/2019. Acts 2005, No. 1696, § 1.

(a) An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by: (1) Any person upon whom the abortion was performed; (2) The father of the unborn child who was the subject of the abortion; or (3) A grandparent of the unborn child who was the subject of the abortion.

(1) Any person upon whom the abortion was performed;

(2) The father of the unborn child who was the subject of the abortion; or

(3) A grandparent of the unborn child who was the subject of the abortion.

(b) Any female upon whom an abortion has been attempted in violation of this subchapter may bring an action for actual and punitive damages against a person who attempted to perform the abortion in knowing or reckless violation of this subchapter.

(c) (1) If the Department of Health fails to issue the public report required under § 20-16-1108 , any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court. (2) Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt.

(1) If the Department of Health fails to issue the public report required under § 20-16-1108 , any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court.

(2) Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt.

(d) (1) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant. (2) If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff.

(1) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant.

(2) If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff.

Amended by Act 2019, No. 910,§ 5012, eff. 7/1/2019.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-10-103 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-103
Post-acute head injury treatment facilities
Status: in_force

(a) No certificate of need or permit shall be required under any law in connection with facilities offering head injury retraining and rehabilitation. (b) Post-acute head injury residential facilities shall not be eligible to receive any state Medicare or Medicaid moneys. Acts 1987, No. 602, § 3.

(a) No certificate of need or permit shall be required under any law in connection with facilities offering head injury retraining and rehabilitation.

(b) Post-acute head injury residential facilities shall not be eligible to receive any state Medicare or Medicaid moneys.

Acts 1987, No. 602, § 3.
Ark. Code Ann. § 20-13-1106 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1106
Disqualifying offenses - Waiver
Status: in_force

(a) (1) Except as provided in subdivision (d)(1) of this section, the Division of Emergency Medical Services shall issue a determination that a person is disqualified from certification or recertification if the person has been found guilty of or has pleaded guilty or nolo contendere in a state court, inside or outside of this state, or a federal court, to any of the following offenses or similar conduct under another jurisdiction, including offenses for which the record has been expunged: (A) Capital murder as prohibited in § 5-10-101 ; (B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (C) Manslaughter as prohibited in § 5-10-104 ; (D) Negligent homicide as prohibited in § 5-10-105 ; (E) Kidnapping as prohibited in § 5-11-102 ; (F) False imprisonment in the first degree as prohibited in § 5-11-103 ; (G) Permanent detention or restraint as prohibited in § 5-11-106 ; (H) Robbery as prohibited in § 5-12-102 ; (I) Aggravated robbery as prohibited in § 5-12-103 ; (J) Battery in the first degree as prohibited in § 5-13-201 ; (K) Aggravated assault as prohibited in § 5-13-204 ; (L) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210 ; (M) Terroristic threatening in the first degree as prohibited in § 5-13-301(a) ; (N) Rape as prohibited in § 5-14-103 ; (O) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony; (P) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ; (Q) Incest as prohibited in § 5-26-202 ; (R) Offenses against the family as prohibited in §§ 5-26-303 - 5-26-306 ; (S) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (T) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ; (U) Permitting child abuse as prohibited in § 5-27-221(a) ; (V) Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ; (W) Felony adult abuse as prohibited in § 5-28-103 ; (X) Theft of property as prohibited in § 5-36-103 ; (Y) Theft by receiving as prohibited in § 5-36-106 ; (Z) Arson as prohibited in § 5-38-301 ; (AA) Burglary as prohibited in § 5-39-201 ; (BB) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in: (i) The former § 5-64-401 ; and (ii) Sections 5-64-419 - 5-64-442 ; (CC) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ; (DD) Stalking as prohibited in § 5-71-229 ; (EE) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 to commit any of the offenses listed in this subsection; (FF) Driving or boating while intoxicated, as prohibited in § 5-65-103 , that is a: (i) Felony; and (ii) Fourth or subsequent offense; (GG) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (HH) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (II) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (JJ) Sexual extortion as prohibited in § 5-14-113 . (2) (A) However, the division shall forward a request for a waiver to the Secretary of the Department of Health on all applicants who have been convicted of the crimes in subdivision (a)(1) of this section if five (5) years have passed since the conviction, if five (5) years have passed since release from custodial confinement, or if the applicants are currently certified emergency medical services personnel, prior to making the final determination on certification or recertification. (B) Individuals under subdivision (a)(2)(A) of this section shall not be suspended prior to the secretary's making the final determination. (b) An applicant shall not be disqualified from certification or recertification when the applicant has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor if the offense: (1) Did not involve exploitation of an adult, abuse of a person, neglect of a person, or sexual contact; or (2) Was not committed while performing duties as emergency medical services personnel. (c) (1) The provisions of this section may be waived by the Department of Health upon written request by the person who is the subject of the criminal history check. (2) The written request for waiver shall be mailed to the secretary within fifteen (15) calendar days after receipt of the determination by the department. (3) Factors to be considered before granting a waiver shall include, but not be limited to: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the adjudication of guilt; (D) The person's subsequent work history; (E) The person's employment references; (F) The person's character references; and (G) Any other evidence demonstrating that the person does not pose a threat to the health or safety of persons to be cared for. (d) (1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (a) of this section shall not be considered a conviction, guilty plea, or nolo contendere plea to the offense unless the offense is also listed in subdivision (d)(2) of this section. (2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification: (A) Capital murder as prohibited in § 5-10-101 ; (B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (C) Kidnapping as prohibited in § 5-11-102 ; (D) Rape as prohibited in § 5-14-103 ; (E) Sexual assault in the first degree as prohibited in § 5-14-124 and sexual assault in the second degree as prohibited in § 5-14-125 ; (F) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 and endangering the welfare of a minor in the second degree as prohibited in § 5-27-206 ; (G) Incest as prohibited in § 5-26-202 ; (H) Arson as prohibited in § 5-38-301 ; (I) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (J) Adult abuse that constitutes a felony as prohibited in § 5-28-103 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (L) Sexual extortion as prohibited in § 5-14-113 . Amended by Act 2023, No. 619,§ 24, eff. 8/1/2023. Amended by Act 2023, No. 51,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 51,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 12, eff. 8/1/2023. Amended by Act 2019, No. 389,§ 28, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4991, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4990, eff. 7/1/2019. Amended by Act 2017, No. 664,§ 18, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 24, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 23, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 30, eff. 7/22/2015. Acts 1999, No. 666, § 4; 2003, No. 1087, § 18; 2003, No. 1383, § 1; 2003, No. 1473, § 39; 2005, No. 1773, §§ 1, 2; 2005, No. 1923, § 5; 2011, No. 570, § 125.

(a) (1) Except as provided in subdivision (d)(1) of this section, the Division of Emergency Medical Services shall issue a determination that a person is disqualified from certification or recertification if the person has been found guilty of or has pleaded guilty or nolo contendere in a state court, inside or outside of this state, or a federal court, to any of the following offenses or similar conduct under another jurisdiction, including offenses for which the record has been expunged: (A) Capital murder as prohibited in § 5-10-101 ; (B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (C) Manslaughter as prohibited in § 5-10-104 ; (D) Negligent homicide as prohibited in § 5-10-105 ; (E) Kidnapping as prohibited in § 5-11-102 ; (F) False imprisonment in the first degree as prohibited in § 5-11-103 ; (G) Permanent detention or restraint as prohibited in § 5-11-106 ; (H) Robbery as prohibited in § 5-12-102 ; (I) Aggravated robbery as prohibited in § 5-12-103 ; (J) Battery in the first degree as prohibited in § 5-13-201 ; (K) Aggravated assault as prohibited in § 5-13-204 ; (L) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210 ; (M) Terroristic threatening in the first degree as prohibited in § 5-13-301(a) ; (N) Rape as prohibited in § 5-14-103 ; (O) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony; (P) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ; (Q) Incest as prohibited in § 5-26-202 ; (R) Offenses against the family as prohibited in §§ 5-26-303 - 5-26-306 ; (S) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (T) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ; (U) Permitting child abuse as prohibited in § 5-27-221(a) ; (V) Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ; (W) Felony adult abuse as prohibited in § 5-28-103 ; (X) Theft of property as prohibited in § 5-36-103 ; (Y) Theft by receiving as prohibited in § 5-36-106 ; (Z) Arson as prohibited in § 5-38-301 ; (AA) Burglary as prohibited in § 5-39-201 ; (BB) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in: (i) The former § 5-64-401 ; and (ii) Sections 5-64-419 - 5-64-442 ; (CC) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ; (DD) Stalking as prohibited in § 5-71-229 ; (EE) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 to commit any of the offenses listed in this subsection; (FF) Driving or boating while intoxicated, as prohibited in § 5-65-103 , that is a: (i) Felony; and (ii) Fourth or subsequent offense; (GG) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (HH) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (II) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (JJ) Sexual extortion as prohibited in § 5-14-113 . (2) (A) However, the division shall forward a request for a waiver to the Secretary of the Department of Health on all applicants who have been convicted of the crimes in subdivision (a)(1) of this section if five (5) years have passed since the conviction, if five (5) years have passed since release from custodial confinement, or if the applicants are currently certified emergency medical services personnel, prior to making the final determination on certification or recertification. (B) Individuals under subdivision (a)(2)(A) of this section shall not be suspended prior to the secretary's making the final determination.

(1) Except as provided in subdivision (d)(1) of this section, the Division of Emergency Medical Services shall issue a determination that a person is disqualified from certification or recertification if the person has been found guilty of or has pleaded guilty or nolo contendere in a state court, inside or outside of this state, or a federal court, to any of the following offenses or similar conduct under another jurisdiction, including offenses for which the record has been expunged: (A) Capital murder as prohibited in § 5-10-101 ; (B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (C) Manslaughter as prohibited in § 5-10-104 ; (D) Negligent homicide as prohibited in § 5-10-105 ; (E) Kidnapping as prohibited in § 5-11-102 ; (F) False imprisonment in the first degree as prohibited in § 5-11-103 ; (G) Permanent detention or restraint as prohibited in § 5-11-106 ; (H) Robbery as prohibited in § 5-12-102 ; (I) Aggravated robbery as prohibited in § 5-12-103 ; (J) Battery in the first degree as prohibited in § 5-13-201 ; (K) Aggravated assault as prohibited in § 5-13-204 ; (L) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210 ; (M) Terroristic threatening in the first degree as prohibited in § 5-13-301(a) ; (N) Rape as prohibited in § 5-14-103 ; (O) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony; (P) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ; (Q) Incest as prohibited in § 5-26-202 ; (R) Offenses against the family as prohibited in §§ 5-26-303 - 5-26-306 ; (S) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (T) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ; (U) Permitting child abuse as prohibited in § 5-27-221(a) ; (V) Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ; (W) Felony adult abuse as prohibited in § 5-28-103 ; (X) Theft of property as prohibited in § 5-36-103 ; (Y) Theft by receiving as prohibited in § 5-36-106 ; (Z) Arson as prohibited in § 5-38-301 ; (AA) Burglary as prohibited in § 5-39-201 ; (BB) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in: (i) The former § 5-64-401 ; and (ii) Sections 5-64-419 - 5-64-442 ; (CC) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ; (DD) Stalking as prohibited in § 5-71-229 ; (EE) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 to commit any of the offenses listed in this subsection; (FF) Driving or boating while intoxicated, as prohibited in § 5-65-103 , that is a: (i) Felony; and (ii) Fourth or subsequent offense; (GG) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (HH) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (II) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (JJ) Sexual extortion as prohibited in § 5-14-113 .

(A) Capital murder as prohibited in § 5-10-101 ;

(B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ;

(C) Manslaughter as prohibited in § 5-10-104 ;

(D) Negligent homicide as prohibited in § 5-10-105 ;

(E) Kidnapping as prohibited in § 5-11-102 ;

(F) False imprisonment in the first degree as prohibited in § 5-11-103 ;

(G) Permanent detention or restraint as prohibited in § 5-11-106 ;

(H) Robbery as prohibited in § 5-12-102 ;

(I) Aggravated robbery as prohibited in § 5-12-103 ;

(J) Battery in the first degree as prohibited in § 5-13-201 ;

(K) Aggravated assault as prohibited in § 5-13-204 ;

(L) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210 ;

(M) Terroristic threatening in the first degree as prohibited in § 5-13-301(a) ;

(N) Rape as prohibited in § 5-14-103 ;

(O) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony;

(P) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ;

(Q) Incest as prohibited in § 5-26-202 ;

(R) Offenses against the family as prohibited in §§ 5-26-303 - 5-26-306 ;

(S) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ;

(T) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ;

(U) Permitting child abuse as prohibited in § 5-27-221(a) ;

(V) Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ;

(W) Felony adult abuse as prohibited in § 5-28-103 ;

(X) Theft of property as prohibited in § 5-36-103 ;

(Y) Theft by receiving as prohibited in § 5-36-106 ;

(Z) Arson as prohibited in § 5-38-301 ; (AA) Burglary as prohibited in § 5-39-201 ; (BB) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in: (i) The former § 5-64-401 ; and (ii) Sections 5-64-419 - 5-64-442 ; (CC) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ; (DD) Stalking as prohibited in § 5-71-229 ; (EE) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 to commit any of the offenses listed in this subsection; (FF) Driving or boating while intoxicated, as prohibited in § 5-65-103 , that is a: (i) Felony; and (ii) Fourth or subsequent offense; (GG) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (HH) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (II) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (JJ) Sexual extortion as prohibited in § 5-14-113 .

(AA) Burglary as prohibited in § 5-39-201 ;

(BB) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in: (i) The former § 5-64-401 ; and (ii) Sections 5-64-419 - 5-64-442 ;

(i) The former § 5-64-401 ; and

(ii) Sections 5-64-419 - 5-64-442 ;

(CC) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ;

(DD) Stalking as prohibited in § 5-71-229 ;

(EE) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 to commit any of the offenses listed in this subsection;

(FF) Driving or boating while intoxicated, as prohibited in § 5-65-103 , that is a: (i) Felony; and (ii) Fourth or subsequent offense;

(i) Felony; and

(ii) Fourth or subsequent offense;

(GG) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ;

(HH) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ;

(II) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and

(JJ) Sexual extortion as prohibited in § 5-14-113 .

(2) (A) However, the division shall forward a request for a waiver to the Secretary of the Department of Health on all applicants who have been convicted of the crimes in subdivision (a)(1) of this section if five (5) years have passed since the conviction, if five (5) years have passed since release from custodial confinement, or if the applicants are currently certified emergency medical services personnel, prior to making the final determination on certification or recertification. (B) Individuals under subdivision (a)(2)(A) of this section shall not be suspended prior to the secretary's making the final determination.

(A) However, the division shall forward a request for a waiver to the Secretary of the Department of Health on all applicants who have been convicted of the crimes in subdivision (a)(1) of this section if five (5) years have passed since the conviction, if five (5) years have passed since release from custodial confinement, or if the applicants are currently certified emergency medical services personnel, prior to making the final determination on certification or recertification.

(B) Individuals under subdivision (a)(2)(A) of this section shall not be suspended prior to the secretary's making the final determination.

(b) An applicant shall not be disqualified from certification or recertification when the applicant has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor if the offense: (1) Did not involve exploitation of an adult, abuse of a person, neglect of a person, or sexual contact; or (2) Was not committed while performing duties as emergency medical services personnel.

(1) Did not involve exploitation of an adult, abuse of a person, neglect of a person, or sexual contact; or

(2) Was not committed while performing duties as emergency medical services personnel.

(c) (1) The provisions of this section may be waived by the Department of Health upon written request by the person who is the subject of the criminal history check. (2) The written request for waiver shall be mailed to the secretary within fifteen (15) calendar days after receipt of the determination by the department. (3) Factors to be considered before granting a waiver shall include, but not be limited to: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the adjudication of guilt; (D) The person's subsequent work history; (E) The person's employment references; (F) The person's character references; and (G) Any other evidence demonstrating that the person does not pose a threat to the health or safety of persons to be cared for.

(1) The provisions of this section may be waived by the Department of Health upon written request by the person who is the subject of the criminal history check.

(2) The written request for waiver shall be mailed to the secretary within fifteen (15) calendar days after receipt of the determination by the department.

(3) Factors to be considered before granting a waiver shall include, but not be limited to: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the adjudication of guilt; (D) The person's subsequent work history; (E) The person's employment references; (F) The person's character references; and (G) Any other evidence demonstrating that the person does not pose a threat to the health or safety of persons to be cared for.

(A) The age at which the crime was committed;

(B) The circumstances surrounding the crime;

(C) The length of time since the adjudication of guilt;

(D) The person's subsequent work history;

(E) The person's employment references;

(F) The person's character references; and

(G) Any other evidence demonstrating that the person does not pose a threat to the health or safety of persons to be cared for.

(d) (1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (a) of this section shall not be considered a conviction, guilty plea, or nolo contendere plea to the offense unless the offense is also listed in subdivision (d)(2) of this section. (2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification: (A) Capital murder as prohibited in § 5-10-101 ; (B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (C) Kidnapping as prohibited in § 5-11-102 ; (D) Rape as prohibited in § 5-14-103 ; (E) Sexual assault in the first degree as prohibited in § 5-14-124 and sexual assault in the second degree as prohibited in § 5-14-125 ; (F) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 and endangering the welfare of a minor in the second degree as prohibited in § 5-27-206 ; (G) Incest as prohibited in § 5-26-202 ; (H) Arson as prohibited in § 5-38-301 ; (I) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (J) Adult abuse that constitutes a felony as prohibited in § 5-28-103 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (L) Sexual extortion as prohibited in § 5-14-113 .

(1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (a) of this section shall not be considered a conviction, guilty plea, or nolo contendere plea to the offense unless the offense is also listed in subdivision (d)(2) of this section.

(2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification: (A) Capital murder as prohibited in § 5-10-101 ; (B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (C) Kidnapping as prohibited in § 5-11-102 ; (D) Rape as prohibited in § 5-14-103 ; (E) Sexual assault in the first degree as prohibited in § 5-14-124 and sexual assault in the second degree as prohibited in § 5-14-125 ; (F) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 and endangering the welfare of a minor in the second degree as prohibited in § 5-27-206 ; (G) Incest as prohibited in § 5-26-202 ; (H) Arson as prohibited in § 5-38-301 ; (I) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (J) Adult abuse that constitutes a felony as prohibited in § 5-28-103 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (L) Sexual extortion as prohibited in § 5-14-113 .

(A) Capital murder as prohibited in § 5-10-101 ;

(B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ;

(C) Kidnapping as prohibited in § 5-11-102 ;

(D) Rape as prohibited in § 5-14-103 ;

(E) Sexual assault in the first degree as prohibited in § 5-14-124 and sexual assault in the second degree as prohibited in § 5-14-125 ;

(F) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 and endangering the welfare of a minor in the second degree as prohibited in § 5-27-206 ;

(G) Incest as prohibited in § 5-26-202 ;

(H) Arson as prohibited in § 5-38-301 ;

(I) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ;

(J) Adult abuse that constitutes a felony as prohibited in § 5-28-103 ;

(K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and

(L) Sexual extortion as prohibited in § 5-14-113 .

Amended by Act 2023, No. 619,§ 24, eff. 8/1/2023.

Amended by Act 2023, No. 51,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 51,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 12, eff. 8/1/2023.

Amended by Act 2019, No. 389,§ 28, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4991, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4990, eff. 7/1/2019.

Amended by Act 2017, No. 664,§ 18, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 24, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 23, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 30, eff. 7/22/2015.

Acts 1999, No. 666, § 4; 2003, No. 1087, § 18; 2003, No. 1383, § 1; 2003, No. 1473, § 39; 2005, No. 1773, §§ 1, 2; 2005, No. 1923, § 5; 2011, No. 570, § 125.
Ark. Code Ann. § 20-9-1303 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1303
Definitions
Status: in_force

As used in this subchapter: (1) "Adversely affect", when used in reference to clinical privileges or medical staff membership, means deny, reduce, restrict, suspend, revoke, or fail to renew; (2) "Conflict of interest" means a personal or financial interest that would lead an objective person to conclude that it would be difficult for the person in those circumstances to make a fair and impartial decision in a professional review activity with regard to a particular physician; (3) "Hospital" means a healthcare facility licensed as a hospital by the Division of Health Facilities Services under § 20-9-213 ; (4) (A) "Investigation" means a process conducted by a professional review body to: (i) Obtain and make a detailed examination of the facts related to an identified concern about a specific physician; and (ii) Determine whether a professional review action should be requested or recommended. (B) "Investigation" does not include the following: (i) A preliminary review to obtain basic information related to a concern or complaint about a physician in order to determine whether an investigation should commence; (ii) Routine quality assurance, case review, utilization review, and performance improvement activities that take place within a hospital; or (iii) Collegial interventions, ongoing physician practice evaluations and focused physician practice evaluations, and other peer-to-peer performance improvement interventions that are not intended to, and do not, impact a physician's clinical privileges or hospital medical staff membership; (5) "Medical staff" means the physicians who are approved and given privileges to provide health care to patients in the hospital; (6) "Professional review action" means an action or recommendation of a professional review body that is taken or made in the conduct of professional review activity and that: (A) Is based on an individual physician's competence or professional conduct that adversely affects or could adversely affect the health or welfare of a patient or patients; and (B) Adversely affects or may adversely affect the medical staff membership or clinical privileges of the physician; (7) (A) "Professional review activity" means an activity with respect to an individual physician: (i) To determine whether the physician may have clinical privileges at a hospital or membership on the hospital's medical staff; (ii) To determine the scope or conditions of clinical privileges or medical staff membership; or (iii) To change or modify such clinical privileges or medical staff membership. (B) "Professional review activity" includes an investigation, as defined in this section; and (8) "Professional review body" means a hospital, its governing body, or its medical staff when any of these bodies are conducting a professional review activity. Amended by Act 2017, No. 975,§ 1, eff. 8/1/2017. Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Adversely affect", when used in reference to clinical privileges or medical staff membership, means deny, reduce, restrict, suspend, revoke, or fail to renew;

(2) "Conflict of interest" means a personal or financial interest that would lead an objective person to conclude that it would be difficult for the person in those circumstances to make a fair and impartial decision in a professional review activity with regard to a particular physician;

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

(4) (A) "Investigation" means a process conducted by a professional review body to: (i) Obtain and make a detailed examination of the facts related to an identified concern about a specific physician; and (ii) Determine whether a professional review action should be requested or recommended. (B) "Investigation" does not include the following: (i) A preliminary review to obtain basic information related to a concern or complaint about a physician in order to determine whether an investigation should commence; (ii) Routine quality assurance, case review, utilization review, and performance improvement activities that take place within a hospital; or (iii) Collegial interventions, ongoing physician practice evaluations and focused physician practice evaluations, and other peer-to-peer performance improvement interventions that are not intended to, and do not, impact a physician's clinical privileges or hospital medical staff membership;

(A) "Investigation" means a process conducted by a professional review body to: (i) Obtain and make a detailed examination of the facts related to an identified concern about a specific physician; and (ii) Determine whether a professional review action should be requested or recommended.

(i) Obtain and make a detailed examination of the facts related to an identified concern about a specific physician; and

(ii) Determine whether a professional review action should be requested or recommended.

(B) "Investigation" does not include the following: (i) A preliminary review to obtain basic information related to a concern or complaint about a physician in order to determine whether an investigation should commence; (ii) Routine quality assurance, case review, utilization review, and performance improvement activities that take place within a hospital; or (iii) Collegial interventions, ongoing physician practice evaluations and focused physician practice evaluations, and other peer-to-peer performance improvement interventions that are not intended to, and do not, impact a physician's clinical privileges or hospital medical staff membership;

(i) A preliminary review to obtain basic information related to a concern or complaint about a physician in order to determine whether an investigation should commence;

(ii) Routine quality assurance, case review, utilization review, and performance improvement activities that take place within a hospital; or

(iii) Collegial interventions, ongoing physician practice evaluations and focused physician practice evaluations, and other peer-to-peer performance improvement interventions that are not intended to, and do not, impact a physician's clinical privileges or hospital medical staff membership;

(5) "Medical staff" means the physicians who are approved and given privileges to provide health care to patients in the hospital;

(6) "Professional review action" means an action or recommendation of a professional review body that is taken or made in the conduct of professional review activity and that: (A) Is based on an individual physician's competence or professional conduct that adversely affects or could adversely affect the health or welfare of a patient or patients; and (B) Adversely affects or may adversely affect the medical staff membership or clinical privileges of the physician;

(A) Is based on an individual physician's competence or professional conduct that adversely affects or could adversely affect the health or welfare of a patient or patients; and

(B) Adversely affects or may adversely affect the medical staff membership or clinical privileges of the physician;

(7) (A) "Professional review activity" means an activity with respect to an individual physician: (i) To determine whether the physician may have clinical privileges at a hospital or membership on the hospital's medical staff; (ii) To determine the scope or conditions of clinical privileges or medical staff membership; or (iii) To change or modify such clinical privileges or medical staff membership. (B) "Professional review activity" includes an investigation, as defined in this section; and

(A) "Professional review activity" means an activity with respect to an individual physician: (i) To determine whether the physician may have clinical privileges at a hospital or membership on the hospital's medical staff; (ii) To determine the scope or conditions of clinical privileges or medical staff membership; or (iii) To change or modify such clinical privileges or medical staff membership.

(i) To determine whether the physician may have clinical privileges at a hospital or membership on the hospital's medical staff;

(ii) To determine the scope or conditions of clinical privileges or medical staff membership; or

(iii) To change or modify such clinical privileges or medical staff membership.

(B) "Professional review activity" includes an investigation, as defined in this section; and

(8) "Professional review body" means a hospital, its governing body, or its medical staff when any of these bodies are conducting a professional review activity.

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

Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-56-210 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-210
Adulterated drug or device
Status: in_force

A drug or device shall be deemed to be adulterated: (1) (A) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (B) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; (C) If it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (D) If it is a drug and it bears or contains, for purposes of coloring only, a coal tar color other than one from a batch certified under the authority of the Federal Food, Drug, and Cosmetic Act; (2) If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. The determination as to strength, quality, or purity of the drug or device shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence of or inadequacy of the tests or methods of assay, those prescribed under authority of the Federal Food, Drug, and Cosmetic Act. No drug defined in an official compendium shall be deemed to be adulterated under this subdivision (2) because it differs from the standard of strength, quality, or purity set forth in the compendium if its difference in strength, quality, or purity from the standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States , it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia ; (3) If it is not subject to the provisions of subdivision (2) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess; or (4) If it is a drug and any substance has been: (A) Mixed or packed therewith so as to reduce its quality or strength; or (B) Substituted wholly or in part therefor. Acts 1953, No. 415, § 14; A.S.A. 1947, § 82-1114.

A drug or device shall be deemed to be adulterated:

(1) (A) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (B) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; (C) If it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (D) If it is a drug and it bears or contains, for purposes of coloring only, a coal tar color other than one from a batch certified under the authority of the Federal Food, Drug, and Cosmetic Act;

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

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

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

(D) If it is a drug and it bears or contains, for purposes of coloring only, a coal tar color other than one from a batch certified under the authority of the Federal Food, Drug, and Cosmetic Act;

(2) If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. The determination as to strength, quality, or purity of the drug or device shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence of or inadequacy of the tests or methods of assay, those prescribed under authority of the Federal Food, Drug, and Cosmetic Act. No drug defined in an official compendium shall be deemed to be adulterated under this subdivision (2) because it differs from the standard of strength, quality, or purity set forth in the compendium if its difference in strength, quality, or purity from the standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States , it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia ;

(3) If it is not subject to the provisions of subdivision (2) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess; or

(4) If it is a drug and any substance has been: (A) Mixed or packed therewith so as to reduce its quality or strength; or (B) Substituted wholly or in part therefor.

(A) Mixed or packed therewith so as to reduce its quality or strength; or

(B) Substituted wholly or in part therefor.

Acts 1953, No. 415, § 14; A.S.A. 1947, § 82-1114.
Ark. Code Ann. § 20-17-212 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-212
Recognition of declaration executed in another state
Status: in_force

A declaration executed in another state in compliance with the law of that state or of this state is validly executed for purposes of this subchapter. Acts 1987, No. 713, § 12.

A declaration executed in another state in compliance with the law of that state or of this state is validly executed for purposes of this subchapter.

Acts 1987, No. 713, § 12.
Ark. Code Ann. § 20-27-1302 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1302
Definitions
Status: in_force

As used in this subchapter: (1) "Blasting" means the use of explosives or a blasting agent; (2) "Blasting agent" means any material or mixture, consisting of fuel and oxidizer, that is intended for blasting if the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined; (3) "Contractor" means any person conducting blasting at a quarry or open pit mine other than the owner or operator and its employees; (4) [Repealed.] (5) [Repealed.] (6) "Explosives" means any substance classified as an explosive by either state or federal law; (7) "Mine" means any quarry or open pit; (8) "Operator" means any person conducting surface mining operations at a quarry or open pit; (9) "Owner" means the actual owner of the mine; (10) "Person" means any individual, partnership, corporation, business, or other entity; and (11) "Quarry" or "open pit mine" means any open excavation, prospect opening, pit, bank, or open-cut workings for the surface extraction of minerals, stone, or other product for commercial use, excluding coal. Amended by Act 2019, No. 910,§ 5487, eff. 7/1/2019. Amended by Act 2019, No. 389,§ 47, eff. 7/24/2019. Acts 1995, No. 814, § 2.

As used in this subchapter:

(1) "Blasting" means the use of explosives or a blasting agent;

(2) "Blasting agent" means any material or mixture, consisting of fuel and oxidizer, that is intended for blasting if the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined;

(3) "Contractor" means any person conducting blasting at a quarry or open pit mine other than the owner or operator and its employees;

(4) [Repealed.]

(5) [Repealed.]

(6) "Explosives" means any substance classified as an explosive by either state or federal law;

(7) "Mine" means any quarry or open pit;

(8) "Operator" means any person conducting surface mining operations at a quarry or open pit;

(9) "Owner" means the actual owner of the mine;

(10) "Person" means any individual, partnership, corporation, business, or other entity; and

(11) "Quarry" or "open pit mine" means any open excavation, prospect opening, pit, bank, or open-cut workings for the surface extraction of minerals, stone, or other product for commercial use, excluding coal.

Amended by Act 2019, No. 910,§ 5487, eff. 7/1/2019.

Amended by Act 2019, No. 389,§ 47, eff. 7/24/2019.

Acts 1995, No. 814, § 2.
Ark. Code Ann. § 20-78-904 — AR Code / Title 20 / Chapter 78 / Subchapter 9 / Section 20-78-904
[Repealed]
Status: repealed

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

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

Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.
Ark. Code Ann. § 20-47-303 — AR Code / Title 20 / Chapter 47 / Subchapter 3 / Section 20-47-303
Multihour daily service rate reimbursement - Definitions
Status: in_force

(a) As used in this section: (1) "Congregate setting" means a location within a residential care facility, an assisted living facility, or a designated residential setting of a nonprofit community program as defined in § 20-48-101 or its nonprofit affiliates; (2) "Designated residential setting" includes the following when operated by a nonprofit community program as defined in § 20-48-101 : (A) A group home for individuals with developmental disabilities in operation and licensed by the Division of Developmental Disabilities Services on or before July 1, 1995; (B) A community residential home established after July 1, 1995, that serves individuals with developmental disabilities and provides housing for no more than four (4) unrelated persons; or (C) An apartment complex established after July 1, 1995, that serves individuals with developmental disabilities; and (3) (A) "Intermediate care facility for individuals with developmental disabilities" means a residential institution maintained for the care and training of individuals with developmental disabilities, including without limitation individuals with intellectual disabilities. (B) "Intermediate care facility for individuals with developmental disabilities" has the same meaning as "intermediate care facility for individuals with intellectual disabilities" or "ICF/IID" under federal law. (b) (1) (A) The Department of Human Services shall reimburse residential care facilities, assisted living facilities, and qualified nonprofit community programs with a multihour daily service rate for personal care services delivered in congregate settings as provided in this section and approved by the Centers for Medicare & Medicaid Services. (B) The application of subdivision (b)(1)(A) of this section to nonprofit community programs is subject to available funds. (2) The department shall maintain Medicaid provider rules appropriate for the delivery of personal care services in congregate settings and the related multihour daily service rate reimbursement methodology. (3) The department shall make best efforts to obtain and maintain approval from the Centers for Medicare & Medicaid Services for a multihour daily service rate reimbursement for personal care services delivered in congregate settings. (c) The department shall provide copies to the Administrative Rules Subcommittee of the Legislative Council, providers, and the public of all state plan amendments, documentation, and correspondence submitted to or received from the Centers for Medicare & Medicaid Services in regard to this section and shall work jointly with provider representatives in obtaining and maintaining approval for a multihour daily service rate for personal care services delivered in congregate settings from the Centers for Medicare & Medicaid Services. (d) (1) The Division of Medical Services shall use the same multihour daily service rate reimbursement methodology for personal care services delivered in a congregate setting located in a designated residential setting of a nonprofit community program as defined in § 20-48-101 as for personal care services delivered in a congregate setting located in a residential care facility and an assisted living facility. (2) Reimbursement for personal care services under this section is not available to an individual with a developmental disability who resides in an intermediate care facility for individuals with developmental disabilities. Amended by Act 2019, No. 315,§ 2145, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2144, eff. 7/24/2019. Acts 1999, No. 1421, § 3; 2011, No. 560, § 1; 2011, No. 1156, § 2.

(a) As used in this section: (1) "Congregate setting" means a location within a residential care facility, an assisted living facility, or a designated residential setting of a nonprofit community program as defined in § 20-48-101 or its nonprofit affiliates; (2) "Designated residential setting" includes the following when operated by a nonprofit community program as defined in § 20-48-101 : (A) A group home for individuals with developmental disabilities in operation and licensed by the Division of Developmental Disabilities Services on or before July 1, 1995; (B) A community residential home established after July 1, 1995, that serves individuals with developmental disabilities and provides housing for no more than four (4) unrelated persons; or (C) An apartment complex established after July 1, 1995, that serves individuals with developmental disabilities; and (3) (A) "Intermediate care facility for individuals with developmental disabilities" means a residential institution maintained for the care and training of individuals with developmental disabilities, including without limitation individuals with intellectual disabilities. (B) "Intermediate care facility for individuals with developmental disabilities" has the same meaning as "intermediate care facility for individuals with intellectual disabilities" or "ICF/IID" under federal law.

(1) "Congregate setting" means a location within a residential care facility, an assisted living facility, or a designated residential setting of a nonprofit community program as defined in § 20-48-101 or its nonprofit affiliates;

(2) "Designated residential setting" includes the following when operated by a nonprofit community program as defined in § 20-48-101 : (A) A group home for individuals with developmental disabilities in operation and licensed by the Division of Developmental Disabilities Services on or before July 1, 1995; (B) A community residential home established after July 1, 1995, that serves individuals with developmental disabilities and provides housing for no more than four (4) unrelated persons; or (C) An apartment complex established after July 1, 1995, that serves individuals with developmental disabilities; and

(A) A group home for individuals with developmental disabilities in operation and licensed by the Division of Developmental Disabilities Services on or before July 1, 1995;

(B) A community residential home established after July 1, 1995, that serves individuals with developmental disabilities and provides housing for no more than four (4) unrelated persons; or

(C) An apartment complex established after July 1, 1995, that serves individuals with developmental disabilities; and

(3) (A) "Intermediate care facility for individuals with developmental disabilities" means a residential institution maintained for the care and training of individuals with developmental disabilities, including without limitation individuals with intellectual disabilities. (B) "Intermediate care facility for individuals with developmental disabilities" has the same meaning as "intermediate care facility for individuals with intellectual disabilities" or "ICF/IID" under federal law.

(A) "Intermediate care facility for individuals with developmental disabilities" means a residential institution maintained for the care and training of individuals with developmental disabilities, including without limitation individuals with intellectual disabilities.

(B) "Intermediate care facility for individuals with developmental disabilities" has the same meaning as "intermediate care facility for individuals with intellectual disabilities" or "ICF/IID" under federal law.

(b) (1) (A) The Department of Human Services shall reimburse residential care facilities, assisted living facilities, and qualified nonprofit community programs with a multihour daily service rate for personal care services delivered in congregate settings as provided in this section and approved by the Centers for Medicare & Medicaid Services. (B) The application of subdivision (b)(1)(A) of this section to nonprofit community programs is subject to available funds. (2) The department shall maintain Medicaid provider rules appropriate for the delivery of personal care services in congregate settings and the related multihour daily service rate reimbursement methodology. (3) The department shall make best efforts to obtain and maintain approval from the Centers for Medicare & Medicaid Services for a multihour daily service rate reimbursement for personal care services delivered in congregate settings.

(1) (A) The Department of Human Services shall reimburse residential care facilities, assisted living facilities, and qualified nonprofit community programs with a multihour daily service rate for personal care services delivered in congregate settings as provided in this section and approved by the Centers for Medicare & Medicaid Services. (B) The application of subdivision (b)(1)(A) of this section to nonprofit community programs is subject to available funds.

(A) The Department of Human Services shall reimburse residential care facilities, assisted living facilities, and qualified nonprofit community programs with a multihour daily service rate for personal care services delivered in congregate settings as provided in this section and approved by the Centers for Medicare & Medicaid Services.

(B) The application of subdivision (b)(1)(A) of this section to nonprofit community programs is subject to available funds.

(2) The department shall maintain Medicaid provider rules appropriate for the delivery of personal care services in congregate settings and the related multihour daily service rate reimbursement methodology.

(3) The department shall make best efforts to obtain and maintain approval from the Centers for Medicare & Medicaid Services for a multihour daily service rate reimbursement for personal care services delivered in congregate settings.

(c) The department shall provide copies to the Administrative Rules Subcommittee of the Legislative Council, providers, and the public of all state plan amendments, documentation, and correspondence submitted to or received from the Centers for Medicare & Medicaid Services in regard to this section and shall work jointly with provider representatives in obtaining and maintaining approval for a multihour daily service rate for personal care services delivered in congregate settings from the Centers for Medicare & Medicaid Services.

(d) (1) The Division of Medical Services shall use the same multihour daily service rate reimbursement methodology for personal care services delivered in a congregate setting located in a designated residential setting of a nonprofit community program as defined in § 20-48-101 as for personal care services delivered in a congregate setting located in a residential care facility and an assisted living facility. (2) Reimbursement for personal care services under this section is not available to an individual with a developmental disability who resides in an intermediate care facility for individuals with developmental disabilities.

(1) The Division of Medical Services shall use the same multihour daily service rate reimbursement methodology for personal care services delivered in a congregate setting located in a designated residential setting of a nonprofit community program as defined in § 20-48-101 as for personal care services delivered in a congregate setting located in a residential care facility and an assisted living facility.

(2) Reimbursement for personal care services under this section is not available to an individual with a developmental disability who resides in an intermediate care facility for individuals with developmental disabilities.

Amended by Act 2019, No. 315,§ 2145, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2144, eff. 7/24/2019.

Acts 1999, No. 1421, § 3; 2011, No. 560, § 1; 2011, No. 1156, § 2.
Ark. Code Ann. § 20-46-504 — AR Code / Title 20 / Chapter 46 / Subchapter 5 / Section 20-46-504
Rules
Status: in_force

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt, promulgate, and enforce the rules and standards that may be necessary for the accomplishment of this subchapter. (b) The rules and standards shall be modified, amended, or rescinded from time to time by the division as may be in the public interest. Amended by Act 2019, No. 315,§ 2142, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 71, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 13, eff. 8/16/2013. Acts 1987, No. 648, § 4.

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt, promulgate, and enforce the rules and standards that may be necessary for the accomplishment of this subchapter.

(b) The rules and standards shall be modified, amended, or rescinded from time to time by the division as may be in the public interest.

Amended by Act 2019, No. 315,§ 2142, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 71, eff. 8/1/2017.

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

Acts 1987, No. 648, § 4.
Ark. Code Ann. § 20-8-1002 — AR Code / Title 20 / Chapter 8 / Subchapter 10 / Section 20-8-1002
Administration
Status: in_force

(a) (1) The Department of Human Services may contract with one (1) or more organizations to deliver one (1) or more of the services described in § 20-8-1001 but may not contract with an organization that: (A) Is an abortion provider; (B) Assists women in obtaining an abortion, refers women to an abortion provider, recommends abortion, or promotes abortion; (C) Owns or operates an abortion provider or an entity that assists women in obtaining an abortion, refers women to an abortion provider, recommends abortion, or promotes abortion; (D) Employs a person who has performed an abortion in the last two (2) years; or (E) Has as a director, board member, officer, or employee a person who serves in any of these roles for an entity described in subdivisions (a)(1)(A)-(E) of this section. (2) (A) The procurement of one (1) or more vendors to serve as organizations shall be done through the Arkansas Procurement Law, § 19-11-201 et seq., by the Office of State Procurement. (B) If by July 1, 2024, the department has not contracted with one (1) or more organizations to deliver one (1) or more of the services described in § 20-8-1001 , the department shall submit a written report to the Legislative Council documenting the reasons why no contract has been procured and the status of the provision of the services required by § 20-8-1001 . (b) An organization contracting with the department shall report to the department on no more frequent than a monthly basis the following information: (1) The number of unique individuals who contacted the Life Choices Lifeline Program; (2) The number of individuals who obtained care plan coordination services; (3) The number of individuals who obtained healthy pregnancy program services; (4) The number of pregnant women who indicated a need for assistance as victims of assault, sexual assault, abuse, neglect, or human trafficking; (5) The number of individuals receiving services who identified a need for support in one (1) or more of the following areas: (A) Abuse, assault, sexual assault, coercion, or neglect; (B) Education or training for a professional certification; (C) Housing assistance; (D) Employment assistance; (E) Resume development; (F) Childcare; (G) Adoption services; (H) Financial assistance; (I) Substance abuse treatment and alcohol abuse treatment; (J) Mental health care; (K) Medical care; (L) Human trafficking; or (M) Health benefit plan coverage; and (6) The resources, services, and referrals provided by the organization. (c) The department shall not: (1) Require any contracted organization, or its employees, to refer a woman for any social or medical service to which the employee or agency has a conscience objection; (2) Prohibit a contracted organization or its employees from discussing abortion or related topics; (3) Prevent a contracted organization from recording information voluntarily disclosed by the participant for the purposes of supporting the participant or providing the participant ongoing support; (4) Require the contract organization to report data on a basis more frequent than monthly; or (5) Require the vendor to maintain an answer rate greater than eighty percent (80%) of calls within twenty (20) seconds. Added by Act 2023, No. 703,§ 3, eff. 8/1/2023.

(a) (1) The Department of Human Services may contract with one (1) or more organizations to deliver one (1) or more of the services described in § 20-8-1001 but may not contract with an organization that: (A) Is an abortion provider; (B) Assists women in obtaining an abortion, refers women to an abortion provider, recommends abortion, or promotes abortion; (C) Owns or operates an abortion provider or an entity that assists women in obtaining an abortion, refers women to an abortion provider, recommends abortion, or promotes abortion; (D) Employs a person who has performed an abortion in the last two (2) years; or (E) Has as a director, board member, officer, or employee a person who serves in any of these roles for an entity described in subdivisions (a)(1)(A)-(E) of this section. (2) (A) The procurement of one (1) or more vendors to serve as organizations shall be done through the Arkansas Procurement Law, § 19-11-201 et seq., by the Office of State Procurement. (B) If by July 1, 2024, the department has not contracted with one (1) or more organizations to deliver one (1) or more of the services described in § 20-8-1001 , the department shall submit a written report to the Legislative Council documenting the reasons why no contract has been procured and the status of the provision of the services required by § 20-8-1001 .

(1) The Department of Human Services may contract with one (1) or more organizations to deliver one (1) or more of the services described in § 20-8-1001 but may not contract with an organization that: (A) Is an abortion provider; (B) Assists women in obtaining an abortion, refers women to an abortion provider, recommends abortion, or promotes abortion; (C) Owns or operates an abortion provider or an entity that assists women in obtaining an abortion, refers women to an abortion provider, recommends abortion, or promotes abortion; (D) Employs a person who has performed an abortion in the last two (2) years; or (E) Has as a director, board member, officer, or employee a person who serves in any of these roles for an entity described in subdivisions (a)(1)(A)-(E) of this section.

(A) Is an abortion provider;

(B) Assists women in obtaining an abortion, refers women to an abortion provider, recommends abortion, or promotes abortion;

(C) Owns or operates an abortion provider or an entity that assists women in obtaining an abortion, refers women to an abortion provider, recommends abortion, or promotes abortion;

(D) Employs a person who has performed an abortion in the last two (2) years; or

(E) Has as a director, board member, officer, or employee a person who serves in any of these roles for an entity described in subdivisions (a)(1)(A)-(E) of this section.

(2) (A) The procurement of one (1) or more vendors to serve as organizations shall be done through the Arkansas Procurement Law, § 19-11-201 et seq., by the Office of State Procurement. (B) If by July 1, 2024, the department has not contracted with one (1) or more organizations to deliver one (1) or more of the services described in § 20-8-1001 , the department shall submit a written report to the Legislative Council documenting the reasons why no contract has been procured and the status of the provision of the services required by § 20-8-1001 .

(A) The procurement of one (1) or more vendors to serve as organizations shall be done through the Arkansas Procurement Law, § 19-11-201 et seq., by the Office of State Procurement.

(B) If by July 1, 2024, the department has not contracted with one (1) or more organizations to deliver one (1) or more of the services described in § 20-8-1001 , the department shall submit a written report to the Legislative Council documenting the reasons why no contract has been procured and the status of the provision of the services required by § 20-8-1001 .

(b) An organization contracting with the department shall report to the department on no more frequent than a monthly basis the following information: (1) The number of unique individuals who contacted the Life Choices Lifeline Program; (2) The number of individuals who obtained care plan coordination services; (3) The number of individuals who obtained healthy pregnancy program services; (4) The number of pregnant women who indicated a need for assistance as victims of assault, sexual assault, abuse, neglect, or human trafficking; (5) The number of individuals receiving services who identified a need for support in one (1) or more of the following areas: (A) Abuse, assault, sexual assault, coercion, or neglect; (B) Education or training for a professional certification; (C) Housing assistance; (D) Employment assistance; (E) Resume development; (F) Childcare; (G) Adoption services; (H) Financial assistance; (I) Substance abuse treatment and alcohol abuse treatment; (J) Mental health care; (K) Medical care; (L) Human trafficking; or (M) Health benefit plan coverage; and (6) The resources, services, and referrals provided by the organization.

(1) The number of unique individuals who contacted the Life Choices Lifeline Program;

(2) The number of individuals who obtained care plan coordination services;

(3) The number of individuals who obtained healthy pregnancy program services;

(4) The number of pregnant women who indicated a need for assistance as victims of assault, sexual assault, abuse, neglect, or human trafficking;

(5) The number of individuals receiving services who identified a need for support in one (1) or more of the following areas: (A) Abuse, assault, sexual assault, coercion, or neglect; (B) Education or training for a professional certification; (C) Housing assistance; (D) Employment assistance; (E) Resume development; (F) Childcare; (G) Adoption services; (H) Financial assistance; (I) Substance abuse treatment and alcohol abuse treatment; (J) Mental health care; (K) Medical care; (L) Human trafficking; or (M) Health benefit plan coverage; and

(A) Abuse, assault, sexual assault, coercion, or neglect;

(B) Education or training for a professional certification;

(C) Housing assistance;

(D) Employment assistance;

(E) Resume development;

(F) Childcare;

(G) Adoption services;

(H) Financial assistance;

(I) Substance abuse treatment and alcohol abuse treatment;

(J) Mental health care;

(K) Medical care;

(L) Human trafficking; or

(M) Health benefit plan coverage; and

(6) The resources, services, and referrals provided by the organization.

(c) The department shall not: (1) Require any contracted organization, or its employees, to refer a woman for any social or medical service to which the employee or agency has a conscience objection; (2) Prohibit a contracted organization or its employees from discussing abortion or related topics; (3) Prevent a contracted organization from recording information voluntarily disclosed by the participant for the purposes of supporting the participant or providing the participant ongoing support; (4) Require the contract organization to report data on a basis more frequent than monthly; or (5) Require the vendor to maintain an answer rate greater than eighty percent (80%) of calls within twenty (20) seconds.

(1) Require any contracted organization, or its employees, to refer a woman for any social or medical service to which the employee or agency has a conscience objection;

(2) Prohibit a contracted organization or its employees from discussing abortion or related topics;

(3) Prevent a contracted organization from recording information voluntarily disclosed by the participant for the purposes of supporting the participant or providing the participant ongoing support;

(4) Require the contract organization to report data on a basis more frequent than monthly; or

(5) Require the vendor to maintain an answer rate greater than eighty percent (80%) of calls within twenty (20) seconds.

Added by Act 2023, No. 703,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 20-78-303 — AR Code / Title 20 / Chapter 78 / Subchapter 3 / Section 20-78-303
Requirements of agreements
Status: in_force

Every agreement or contract entered into in accordance with this subchapter shall specify the following: (1) Full names and addresses of all parties to the agreement; (2) The precise organization, composition, and nature of the legal or the administrative entity that will be providing services together with its powers and limitations and the manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; (3) A description of the joint or cooperative undertaking that specifies the duties and responsibilities of all parties to the agreement; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget thereof, or in the case whereby one of the participants agrees to furnish specified services, the financial arrangements therefor; (5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such a partial or complete termination; and (6) Any other necessary and proper methods. Acts 1997, No. 939, § 3.

Every agreement or contract entered into in accordance with this subchapter shall specify the following:

(1) Full names and addresses of all parties to the agreement;

(2) The precise organization, composition, and nature of the legal or the administrative entity that will be providing services together with its powers and limitations and the manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;

(3) A description of the joint or cooperative undertaking that specifies the duties and responsibilities of all parties to the agreement;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget thereof, or in the case whereby one of the participants agrees to furnish specified services, the financial arrangements therefor;

(5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such a partial or complete termination; and

(6) Any other necessary and proper methods.

Acts 1997, No. 939, § 3.
Ark. Code Ann. § 20-48-211 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-211
Board of Developmental Disabilities Services - Community centers
Status: in_force

(a) (1) The Board of Developmental Disabilities Services may take the necessary action to establish and maintain, or to cause to be established and maintained, community centers, alone or together with public agencies or private organizations, at localities determined to be appropriate for the better providing of or for assistance in the providing of intellectual and developmental disabilities services in any region or locality of the state. (2) Community centers may be organized on a formal or informal basis as shall be determined to best suit the circumstances at any particular region or locality, including without limitation organization under the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 . (b) (1) Within the limits of available funds, a program for furnishing intellectual and developmental disabilities services shall be developed for each community center which may include a state grants-in-aid program. (2) The board may promulgate rules covering the establishment and operation of community centers, the formulation and implementation of intellectual and developmental disabilities programs and activities for community centers, and the funding of the programs and activities. (c) The board is prohibited from promulgating any rule that would set the salary of any employee of a community-based program unless specifically required to do so by the United States Government. Amended by Act 2019, No. 315,§ 2153, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 24, eff. 7/24/2019. Acts 1969, No. 265, § 9; 1983, No. 779, § 19; A.S.A. 1947, §§ 59-1009, 59-1009.1.

(a) (1) The Board of Developmental Disabilities Services may take the necessary action to establish and maintain, or to cause to be established and maintained, community centers, alone or together with public agencies or private organizations, at localities determined to be appropriate for the better providing of or for assistance in the providing of intellectual and developmental disabilities services in any region or locality of the state. (2) Community centers may be organized on a formal or informal basis as shall be determined to best suit the circumstances at any particular region or locality, including without limitation organization under the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 .

(1) The Board of Developmental Disabilities Services may take the necessary action to establish and maintain, or to cause to be established and maintained, community centers, alone or together with public agencies or private organizations, at localities determined to be appropriate for the better providing of or for assistance in the providing of intellectual and developmental disabilities services in any region or locality of the state.

(2) Community centers may be organized on a formal or informal basis as shall be determined to best suit the circumstances at any particular region or locality, including without limitation organization under the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 .

(b) (1) Within the limits of available funds, a program for furnishing intellectual and developmental disabilities services shall be developed for each community center which may include a state grants-in-aid program. (2) The board may promulgate rules covering the establishment and operation of community centers, the formulation and implementation of intellectual and developmental disabilities programs and activities for community centers, and the funding of the programs and activities.

(1) Within the limits of available funds, a program for furnishing intellectual and developmental disabilities services shall be developed for each community center which may include a state grants-in-aid program.

(2) The board may promulgate rules covering the establishment and operation of community centers, the formulation and implementation of intellectual and developmental disabilities programs and activities for community centers, and the funding of the programs and activities.

(c) The board is prohibited from promulgating any rule that would set the salary of any employee of a community-based program unless specifically required to do so by the United States Government.

Amended by Act 2019, No. 315,§ 2153, eff. 7/24/2019.

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

Acts 1969, No. 265, § 9; 1983, No. 779, § 19; A.S.A. 1947, §§ 59-1009, 59-1009.1.
Ark. Code Ann. § 20-76-435 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-435
No entitlement to assistance
Status: in_force

(a) This chapter shall not be interpreted to entitle any individual or family to assistance under any program created, implemented, or funded under or pursuant to this chapter. (b) All assistance provided under this chapter shall be subject to the provisions of any amending or repealing act that may hereafter be passed, and no recipient shall have any claim for compensation or otherwise by reason of his or her assistance being affected in any way by any amending or repealing act. Acts 1939, No. 280, § 37; A.S.A. 1947, § 83-142; Acts 1997, No. 1058, § 24.

(a) This chapter shall not be interpreted to entitle any individual or family to assistance under any program created, implemented, or funded under or pursuant to this chapter.

(b) All assistance provided under this chapter shall be subject to the provisions of any amending or repealing act that may hereafter be passed, and no recipient shall have any claim for compensation or otherwise by reason of his or her assistance being affected in any way by any amending or repealing act.

Acts 1939, No. 280, § 37; A.S.A. 1947, § 83-142; Acts 1997, No. 1058, § 24.
Ark. Code Ann. § 20-79-214 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-214
Nonassignability and exemption from claims of creditors of maintenance
Status: in_force

The right of individuals with a disability to maintenance under this subchapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors. Amended by Act 2019, No. 389,§ 87, eff. 7/24/2019. Acts 1955, No. 43, § 13; A.S.A. 1947, § 80-2552.

The right of individuals with a disability to maintenance under this subchapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

Amended by Act 2019, No. 389,§ 87, eff. 7/24/2019.

Acts 1955, No. 43, § 13; A.S.A. 1947, § 80-2552.
Ark. Code Ann. § 20-31-102 — AR Code / Title 20 / Chapter 31 / Section 20-31-102
Definitions
Status: in_force

As used in this chapter: (1) [Repealed.] (2) [Repealed.] (3) [Repealed.] (4) "Electrical facilities" means all wiring fixtures, appurtenances, and appliances for and in connection with a supply of electricity within or adjacent to any building, structure, or conveyance but not including the connection with a power supply meter or other power supply source; (5) "Electrical work" means: (A) Installations of electric conductors and equipment within or on public and private buildings or other structures, including recreational vehicles and floating buildings, and other premises such as yards, carnivals, parking and other lots, and industrial substations; (B) Installations of conductors that connect to the supply of electricity; and (C) Installations of other outside conductors on the premises; (6) (A) "Electrician" means any person, individual, member, or employee of a firm, partnership, or corporation which is engaged in the business of or who for hire: (i) Plans, lays out, and supervises the installation, maintenance, and extension of electrical conductors and equipment; or (ii) Installs, erects, repairs or contracts to install, erect, or repair: (a) Electrical wires or conductors to be used for the transmission of electric light, heat, power, or signaling purposes; (b) Moulding, ducts, raceways, or conduits for the reception or protection of wires or conduits; or (c) Any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes. (B) "Electrician" also means an electrical contractor, a master electrician, a journeyman electrician, or an industrial maintenance electrician licensed under § 17-28-101 et seq.; and (7) "Primary residence" means an unattached single-family dwelling used as the person's primary place of residence. Amended by Act 2019, No. 389,§ 50, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5502, eff. 7/1/2019. Acts 1991, No. 653, § 2.

As used in this chapter:

(1) [Repealed.]

(2) [Repealed.]

(3) [Repealed.]

(4) "Electrical facilities" means all wiring fixtures, appurtenances, and appliances for and in connection with a supply of electricity within or adjacent to any building, structure, or conveyance but not including the connection with a power supply meter or other power supply source;

(5) "Electrical work" means: (A) Installations of electric conductors and equipment within or on public and private buildings or other structures, including recreational vehicles and floating buildings, and other premises such as yards, carnivals, parking and other lots, and industrial substations; (B) Installations of conductors that connect to the supply of electricity; and (C) Installations of other outside conductors on the premises;

(A) Installations of electric conductors and equipment within or on public and private buildings or other structures, including recreational vehicles and floating buildings, and other premises such as yards, carnivals, parking and other lots, and industrial substations;

(B) Installations of conductors that connect to the supply of electricity; and

(C) Installations of other outside conductors on the premises;

(6) (A) "Electrician" means any person, individual, member, or employee of a firm, partnership, or corporation which is engaged in the business of or who for hire: (i) Plans, lays out, and supervises the installation, maintenance, and extension of electrical conductors and equipment; or (ii) Installs, erects, repairs or contracts to install, erect, or repair: (a) Electrical wires or conductors to be used for the transmission of electric light, heat, power, or signaling purposes; (b) Moulding, ducts, raceways, or conduits for the reception or protection of wires or conduits; or (c) Any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes. (B) "Electrician" also means an electrical contractor, a master electrician, a journeyman electrician, or an industrial maintenance electrician licensed under § 17-28-101 et seq.; and

(A) "Electrician" means any person, individual, member, or employee of a firm, partnership, or corporation which is engaged in the business of or who for hire: (i) Plans, lays out, and supervises the installation, maintenance, and extension of electrical conductors and equipment; or (ii) Installs, erects, repairs or contracts to install, erect, or repair: (a) Electrical wires or conductors to be used for the transmission of electric light, heat, power, or signaling purposes; (b) Moulding, ducts, raceways, or conduits for the reception or protection of wires or conduits; or (c) Any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes.

(i) Plans, lays out, and supervises the installation, maintenance, and extension of electrical conductors and equipment; or

(ii) Installs, erects, repairs or contracts to install, erect, or repair: (a) Electrical wires or conductors to be used for the transmission of electric light, heat, power, or signaling purposes; (b) Moulding, ducts, raceways, or conduits for the reception or protection of wires or conduits; or (c) Any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes.

(a) Electrical wires or conductors to be used for the transmission of electric light, heat, power, or signaling purposes;

(b) Moulding, ducts, raceways, or conduits for the reception or protection of wires or conduits; or

(c) Any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes.

(B) "Electrician" also means an electrical contractor, a master electrician, a journeyman electrician, or an industrial maintenance electrician licensed under § 17-28-101 et seq.; and

(7) "Primary residence" means an unattached single-family dwelling used as the person's primary place of residence.

Amended by Act 2019, No. 389,§ 50, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5502, eff. 7/1/2019.

Acts 1991, No. 653, § 2.
Ark. Code Ann. § 20-27-2108 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2108
Implementation
Status: in_force

(a) The Director of Arkansas Tobacco Control may promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to effectuate the purposes of this subchapter. (b) (1) The Secretary of the Department of Finance and Administration, the director, and their employees, in the regular course of conducting inspections of wholesalers and retailers, as authorized under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., may inspect cigarettes to determine if the cigarettes are marked as required by § 20-27-2106 . (2) If the secretary discovers cigarettes that are not marked as required, the secretary shall notify the director. Amended by Act 2019, No. 910,§ 3486, eff. 7/1/2019. Acts 2009, No. 697, § 2.

(a) The Director of Arkansas Tobacco Control may promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to effectuate the purposes of this subchapter.

(b) (1) The Secretary of the Department of Finance and Administration, the director, and their employees, in the regular course of conducting inspections of wholesalers and retailers, as authorized under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., may inspect cigarettes to determine if the cigarettes are marked as required by § 20-27-2106 . (2) If the secretary discovers cigarettes that are not marked as required, the secretary shall notify the director.

(1) The Secretary of the Department of Finance and Administration, the director, and their employees, in the regular course of conducting inspections of wholesalers and retailers, as authorized under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., may inspect cigarettes to determine if the cigarettes are marked as required by § 20-27-2106 .

(2) If the secretary discovers cigarettes that are not marked as required, the secretary shall notify the director.

Amended by Act 2019, No. 910,§ 3486, eff. 7/1/2019.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-77-1602 — AR Code / Title 20 / Chapter 77 / Subchapter 16 / Section 20-77-1602
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019. Acts 2005, No. 1757, § 1.

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.

Acts 2005, No. 1757, § 1.
Ark. Code Ann. § 20-48-303 — AR Code / Title 20 / Chapter 48 / Subchapter 3 / Section 20-48-303
Terms
Status: in_force

Every agreement or contract entered into in accordance with this subchapter shall specify the following: (1) Full names and addresses of all parties to the agreement; (2) The precise organization, composition, and nature of the legal or administrative entity that will be providing services, together with its powers and limitations and manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; (3) A description of the joint or cooperative undertaking that specifies the duties and responsibilities of all parties to the agreement; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget thereof, or in the case whereby one (1) of the participants agrees to furnish specified services, the financial arrangements therefor; (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon a partial or complete termination; and (6) Any other necessary and proper matters. Acts 1973, No. 465, § 3; A.S.A. 1947, § 59-1015.

Every agreement or contract entered into in accordance with this subchapter shall specify the following:

(1) Full names and addresses of all parties to the agreement;

(2) The precise organization, composition, and nature of the legal or administrative entity that will be providing services, together with its powers and limitations and manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;

(3) A description of the joint or cooperative undertaking that specifies the duties and responsibilities of all parties to the agreement;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget thereof, or in the case whereby one (1) of the participants agrees to furnish specified services, the financial arrangements therefor;

(5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon a partial or complete termination; and

(6) Any other necessary and proper matters.

Acts 1973, No. 465, § 3; A.S.A. 1947, § 59-1015.
Ark. Code Ann. § 20-20-101 — AR Code / Title 20 / Chapter 20 / Subchapter 1 / Section 20-20-101
Date of manufacture stamped on cotton insecticides
Status: in_force

(a) Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured. (b) (1) Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100). (2) Each bag or other container that is shipped without first having the date placed thereon shall be a separate offense. Acts 1959, No. 458, §§ 1, 2; A.S.A. 1947, §§ 77-212, 77-213; Acts 2005, No. 1994, § 117.

(a) Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured.

(b) (1) Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100). (2) Each bag or other container that is shipped without first having the date placed thereon shall be a separate offense.

(1) Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100).

(2) Each bag or other container that is shipped without first having the date placed thereon shall be a separate offense.

Acts 1959, No. 458, §§ 1, 2; A.S.A. 1947, §§ 77-212, 77-213; Acts 2005, No. 1994, § 117.
Ark. Code Ann. § 20-48-203 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-203
Board of Developmental Disabilities Services - Creation - Members
Status: in_force

(a) (1) The Board of Developmental Disabilities Services shall consist of seven (7) members, at least one (1) of whom shall be a woman, who shall be citizens and residents of the State of Arkansas and more than twenty-five (25) years of age. (2) One (1) of the members shall be a resident of each of the six (6) former congressional districts established by Acts 1951, No. 297 [repealed]. (3) The seventh member shall be a member at large. (b) Upon completion of the term of each member, a successor shall be appointed for a term of seven (7) years. (c) Appointment to fill a vacancy arising other than by expiration of a term of office shall be for the unexpired portion thereof. (d) Appointment shall be made by the Governor with the advice and consent of the Senate. (e) The board shall serve without compensation, except that each board member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1969, No. 265, § 4; A.S.A. 1947, § 59-1004; Acts 1997, No. 250, § 199.

(a) (1) The Board of Developmental Disabilities Services shall consist of seven (7) members, at least one (1) of whom shall be a woman, who shall be citizens and residents of the State of Arkansas and more than twenty-five (25) years of age. (2) One (1) of the members shall be a resident of each of the six (6) former congressional districts established by Acts 1951, No. 297 [repealed]. (3) The seventh member shall be a member at large.

(1) The Board of Developmental Disabilities Services shall consist of seven (7) members, at least one (1) of whom shall be a woman, who shall be citizens and residents of the State of Arkansas and more than twenty-five (25) years of age.

(2) One (1) of the members shall be a resident of each of the six (6) former congressional districts established by Acts 1951, No. 297 [repealed].

(3) The seventh member shall be a member at large.

(b) Upon completion of the term of each member, a successor shall be appointed for a term of seven (7) years.

(c) Appointment to fill a vacancy arising other than by expiration of a term of office shall be for the unexpired portion thereof.

(d) Appointment shall be made by the Governor with the advice and consent of the Senate.

(e) The board shall serve without compensation, except that each board member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Acts 1969, No. 265, § 4; A.S.A. 1947, § 59-1004; Acts 1997, No. 250, § 199.
Ark. Code Ann. § 20-25-108 — AR Code / Title 20 / Chapter 25 / Section 20-25-108
Compliance with code required
Status: in_force

(a) No retailer shall sell or offer for sale within this state any new manufactured home unless the manufactured home complies with the code. (b) No person shall manufacture in this state or manufacture out of this state and ship into this state for sale any new manufactured home unless the manufactured home complies with the code. Acts 1977, No. 419, § 3; 1981, No. 533, § 3; A.S.A. 1947, § 82-3017; Acts 2001, No. 1067, § 4; 2007, No. 1010, § 2.

(a) No retailer shall sell or offer for sale within this state any new manufactured home unless the manufactured home complies with the code.

(b) No person shall manufacture in this state or manufacture out of this state and ship into this state for sale any new manufactured home unless the manufactured home complies with the code.

Acts 1977, No. 419, § 3; 1981, No. 533, § 3; A.S.A. 1947, § 82-3017; Acts 2001, No. 1067, § 4; 2007, No. 1010, § 2.
Ark. Code Ann. § 20-27-1003 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Air monitor" means any person who collects airborne samples for analysis of asbestos fibers; (2) "Asbestos abatement consultant" means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, or response actions which will involve, or may involve, the removal or disturbance of asbestos-containing materials in any facility; (3) "Asbestos abatement contractor" means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, or response actions which will involve, or may involve, the removal or disturbance of asbestos-containing materials in any facility; (4) "Category I nonfriable asbestos-containing material" means asbestos-containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1 , Polarized Light Microscopy; (5) "Category II nonfriable asbestos-containing material" means any material excluding Category I nonfriable asbestos-containing materials containing more than one percent (1%) asbestos as determined using the methods specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1 , Polarized Light Microscopy, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure; (6) "Certificate" means a document issued by the Division of Environmental Quality to any person certifying that that person has satisfactorily completed asbestos training, examination, and other requirements established by the division to perform the duties of the following: (A) Air monitor; (B) Contractor/supervisor; (C) Inspector; (D) Management planner; (E) Project designer; and (F) Worker; (7) "Contractor/supervisor" means any person who supervises the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) A response action for a major fiber-release episode; (8) "Demolition" means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or intentional burning of a facility; (9) [Repealed.] (10) [Repealed.] (11) "Eligible structure" means a structure that: (A) Contains friable asbestos materials; (B) Unexpectedly collapses, is at imminent risk of collapse, or fails in its structural integrity; and (C) Is not a single or multifamily dwelling; (12) (A) "Facility" means: (i) Any institutional, commercial, public, industrial, or residential structure, installation, or building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative but excluding residential buildings having four (4) or fewer dwelling units; (ii) Any ship; and (iii) Any active or inactive waste disposal site. (B) For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject to this rule is not excluded, regardless of its current use or function; (13) "Friable asbestos materials" means any materials containing more than one percent (1%) asbestos as determined by using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1 , Polarized Light Microscopy, that when dry can be crumbled, pulverized, or reduced to powder by hand pressure; (14) "Inspector" means any person who inspects for asbestos-containing material in a facility; (15) "License" means a document issued by the division to an asbestos abatement contractor, asbestos abatement consultant, or training provider who meets the criteria for licensing as established by the division; (16) "Management planner" means any person who prepares management plans for a school; (17) "Nonfriable asbestos-containing material" means any material containing more than one percent (1%) of asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1 , Polarized Light Microscopy, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure; (18) "Owner or operator" means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both; (19) "Project designer" means any person who designs the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) Response action for a major fiber-release episode; (20) "Regulated asbestos-containing material" means: (A) Friable asbestos material; (B) Category I nonfriable asbestos-containing material that has become friable; (C) Category I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting, or abrading; or (D) Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subchapter; (21) "Renovation" means altering a facility or one (1) or more facility components in any way, including the stripping or removal of regulated asbestos-containing material from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions; (22) "Response action" means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable asbestos-containing material; (23) "Stabilization and abatement activity" means an activity relating to the abatement of friable asbestos materials in an eligible structure, including without limitation inspection, removal, site stabilization, and remediation; (24) "Training provider" means any person or other legal entity, however organized, that conducts some or all of the training programs for asbestos professional disciplines which are regulated by the division; and (25) "Worker" means any person who carries out any of the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) A response action for a major fiber-release episode. Amended by Act 2019, No. 315,§ 2097, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3214, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3213, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3212, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3211, eff. 7/1/2019. Amended by Act 2019, No. 389,§ 45, eff. 7/24/2019. Amended by Act 2017, No. 456,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 489,§ 2, eff. 3/22/2013. Acts 1985, No. 394, § 2; A.S.A. 1947, § 82-1945; Acts 1987, No. 531, § 2; 1993, No. 817, § 2; 1997, No. 308, § 1; 1999, No. 1164, § 175.

As used in this subchapter:

(1) "Air monitor" means any person who collects airborne samples for analysis of asbestos fibers;

(2) "Asbestos abatement consultant" means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, or response actions which will involve, or may involve, the removal or disturbance of asbestos-containing materials in any facility;

(3) "Asbestos abatement contractor" means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, or response actions which will involve, or may involve, the removal or disturbance of asbestos-containing materials in any facility;

(4) "Category I nonfriable asbestos-containing material" means asbestos-containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1 , Polarized Light Microscopy;

(5) "Category II nonfriable asbestos-containing material" means any material excluding Category I nonfriable asbestos-containing materials containing more than one percent (1%) asbestos as determined using the methods specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1 , Polarized Light Microscopy, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure;

(6) "Certificate" means a document issued by the Division of Environmental Quality to any person certifying that that person has satisfactorily completed asbestos training, examination, and other requirements established by the division to perform the duties of the following: (A) Air monitor; (B) Contractor/supervisor; (C) Inspector; (D) Management planner; (E) Project designer; and (F) Worker;

(A) Air monitor;

(B) Contractor/supervisor;

(C) Inspector;

(D) Management planner;

(E) Project designer; and

(F) Worker;

(7) "Contractor/supervisor" means any person who supervises the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) A response action for a major fiber-release episode;

(A) A response action other than a small-scale short-duration activity;

(B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or

(C) A response action for a major fiber-release episode;

(8) "Demolition" means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or intentional burning of a facility;

(9) [Repealed.]

(10) [Repealed.]

(11) "Eligible structure" means a structure that: (A) Contains friable asbestos materials; (B) Unexpectedly collapses, is at imminent risk of collapse, or fails in its structural integrity; and (C) Is not a single or multifamily dwelling;

(A) Contains friable asbestos materials;

(B) Unexpectedly collapses, is at imminent risk of collapse, or fails in its structural integrity; and

(C) Is not a single or multifamily dwelling;

(12) (A) "Facility" means: (i) Any institutional, commercial, public, industrial, or residential structure, installation, or building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative but excluding residential buildings having four (4) or fewer dwelling units; (ii) Any ship; and (iii) Any active or inactive waste disposal site. (B) For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject to this rule is not excluded, regardless of its current use or function;

(A) "Facility" means: (i) Any institutional, commercial, public, industrial, or residential structure, installation, or building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative but excluding residential buildings having four (4) or fewer dwelling units; (ii) Any ship; and (iii) Any active or inactive waste disposal site.

(i) Any institutional, commercial, public, industrial, or residential structure, installation, or building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative but excluding residential buildings having four (4) or fewer dwelling units;

(ii) Any ship; and

(iii) Any active or inactive waste disposal site.

(B) For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject to this rule is not excluded, regardless of its current use or function;

(13) "Friable asbestos materials" means any materials containing more than one percent (1%) asbestos as determined by using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1 , Polarized Light Microscopy, that when dry can be crumbled, pulverized, or reduced to powder by hand pressure;

(14) "Inspector" means any person who inspects for asbestos-containing material in a facility;

(15) "License" means a document issued by the division to an asbestos abatement contractor, asbestos abatement consultant, or training provider who meets the criteria for licensing as established by the division;

(16) "Management planner" means any person who prepares management plans for a school;

(17) "Nonfriable asbestos-containing material" means any material containing more than one percent (1%) of asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1 , Polarized Light Microscopy, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure;

(18) "Owner or operator" means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both;

(19) "Project designer" means any person who designs the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) Response action for a major fiber-release episode;

(A) A response action other than a small-scale short-duration activity;

(B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or

(C) Response action for a major fiber-release episode;

(20) "Regulated asbestos-containing material" means: (A) Friable asbestos material; (B) Category I nonfriable asbestos-containing material that has become friable; (C) Category I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting, or abrading; or (D) Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subchapter;

(A) Friable asbestos material;

(B) Category I nonfriable asbestos-containing material that has become friable;

(C) Category I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting, or abrading; or

(D) Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subchapter;

(21) "Renovation" means altering a facility or one (1) or more facility components in any way, including the stripping or removal of regulated asbestos-containing material from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions;

(22) "Response action" means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable asbestos-containing material;

(23) "Stabilization and abatement activity" means an activity relating to the abatement of friable asbestos materials in an eligible structure, including without limitation inspection, removal, site stabilization, and remediation;

(24) "Training provider" means any person or other legal entity, however organized, that conducts some or all of the training programs for asbestos professional disciplines which are regulated by the division; and

(25) "Worker" means any person who carries out any of the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) A response action for a major fiber-release episode.

(A) A response action other than a small-scale short-duration activity;

(B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or

(C) A response action for a major fiber-release episode.

Amended by Act 2019, No. 315,§ 2097, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3214, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3213, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3212, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3211, eff. 7/1/2019.

Amended by Act 2019, No. 389,§ 45, eff. 7/24/2019.

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

Amended by Act 2013, No. 489,§ 2, eff. 3/22/2013.

Acts 1985, No. 394, § 2; A.S.A. 1947, § 82-1945; Acts 1987, No. 531, § 2; 1993, No. 817, § 2; 1997, No. 308, § 1; 1999, No. 1164, § 175.
Ark. Code Ann. § 20-78-223 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-223
License fees - Disposition
Status: in_force

(a) The Division of Child Care and Early Childhood Education of the Department of Human Services shall not issue or maintain a license to a childcare facility unless the license fee is paid at the annual licensing or renewal date. The license fee is: (1) Fifteen dollars ($15.00) per year for childcare facilities serving fewer than seventeen (17) children; (2) Fifty dollars ($50.00) for childcare facilities serving seventeen (17) to ninety-nine (99) children; and (3) One hundred dollars ($100) per year for childcare facilities serving one hundred (100) or more children. (b) The division shall transmit the fees monthly to the Treasurer of State to be deposited as special revenues into the Child Care Fund. Acts 1997, No. 1132, § 22.

(a) The Division of Child Care and Early Childhood Education of the Department of Human Services shall not issue or maintain a license to a childcare facility unless the license fee is paid at the annual licensing or renewal date. The license fee is: (1) Fifteen dollars ($15.00) per year for childcare facilities serving fewer than seventeen (17) children; (2) Fifty dollars ($50.00) for childcare facilities serving seventeen (17) to ninety-nine (99) children; and (3) One hundred dollars ($100) per year for childcare facilities serving one hundred (100) or more children.

(1) Fifteen dollars ($15.00) per year for childcare facilities serving fewer than seventeen (17) children;

(2) Fifty dollars ($50.00) for childcare facilities serving seventeen (17) to ninety-nine (99) children; and

(3) One hundred dollars ($100) per year for childcare facilities serving one hundred (100) or more children.

(b) The division shall transmit the fees monthly to the Treasurer of State to be deposited as special revenues into the Child Care Fund.

Acts 1997, No. 1132, § 22.
Ark. Code Ann. § 20-10-2301 — AR Code / Title 20 / Chapter 10 / Subchapter 23 / Section 20-10-2301
Purpose and intent
Status: in_force

(a) The General Assembly recognizes that in order to provide for appropriate health care for all Arkansans: (1) Personal care service providers are a vital component in the recovery from an illness or an injury; (2) Sufficient personal care service providers should be available to meet the needs of all eligible recipients; and (3) Personal care service providers should be allowed to provide in-home personal care service to eligible recipients twenty-four (24) hours a day and seven (7) days a week. (b) It is the purpose of this subchapter to: (1) Allow a private care agency to provide in-home personal care services twenty-four (24) hours a day and seven (7) days a week to eligible recipients; (2) Provide for the reimbursement of the personal care services through Medicaid; and (3) Authorize the Department of Human Services in its administration of the Arkansas Medicaid Program to set forth Medicaid provider participation requirements for a private care agency that will ensure sufficient available personal care service providers in order to meet the needs of all eligible recipients, including available in-home personal care services twenty-four (24) hours a day and seven (7) days a week. (c) This subchapter does not supersede department rules that establish monthly benefit limits and prior authorization requirements. (d) The department is not required to reimburse a private care agency for twenty-four-hour-a-day and seven-day-a-week personal care services. Acts 2009, No. 5, § 1.

(a) The General Assembly recognizes that in order to provide for appropriate health care for all Arkansans: (1) Personal care service providers are a vital component in the recovery from an illness or an injury; (2) Sufficient personal care service providers should be available to meet the needs of all eligible recipients; and (3) Personal care service providers should be allowed to provide in-home personal care service to eligible recipients twenty-four (24) hours a day and seven (7) days a week.

(1) Personal care service providers are a vital component in the recovery from an illness or an injury;

(2) Sufficient personal care service providers should be available to meet the needs of all eligible recipients; and

(3) Personal care service providers should be allowed to provide in-home personal care service to eligible recipients twenty-four (24) hours a day and seven (7) days a week.

(b) It is the purpose of this subchapter to: (1) Allow a private care agency to provide in-home personal care services twenty-four (24) hours a day and seven (7) days a week to eligible recipients; (2) Provide for the reimbursement of the personal care services through Medicaid; and (3) Authorize the Department of Human Services in its administration of the Arkansas Medicaid Program to set forth Medicaid provider participation requirements for a private care agency that will ensure sufficient available personal care service providers in order to meet the needs of all eligible recipients, including available in-home personal care services twenty-four (24) hours a day and seven (7) days a week.

(1) Allow a private care agency to provide in-home personal care services twenty-four (24) hours a day and seven (7) days a week to eligible recipients;

(2) Provide for the reimbursement of the personal care services through Medicaid; and

(3) Authorize the Department of Human Services in its administration of the Arkansas Medicaid Program to set forth Medicaid provider participation requirements for a private care agency that will ensure sufficient available personal care service providers in order to meet the needs of all eligible recipients, including available in-home personal care services twenty-four (24) hours a day and seven (7) days a week.

(c) This subchapter does not supersede department rules that establish monthly benefit limits and prior authorization requirements.

(d) The department is not required to reimburse a private care agency for twenty-four-hour-a-day and seven-day-a-week personal care services.

Acts 2009, No. 5, § 1.
Ark. Code Ann. § 20-13-1111 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1111
Notice of convictions
Status: in_force

Arkansas-licensed emergency medical services personnel shall notify the Division of Emergency Medical Services of any conviction of or plea of guilty or nolo contendere to any offenses listed in § 20-13-1106(a) within ten (10) calendar days after the conviction or guilty plea or plea of nolo contendere. Acts 1999, No. 666, § 4; 2009, No. 689, § 18.

Arkansas-licensed emergency medical services personnel shall notify the Division of Emergency Medical Services of any conviction of or plea of guilty or nolo contendere to any offenses listed in § 20-13-1106(a) within ten (10) calendar days after the conviction or guilty plea or plea of nolo contendere.

Acts 1999, No. 666, § 4; 2009, No. 689, § 18.
Ark. Code Ann. § 20-17-802 — AR Code / Title 20 / Chapter 17 / Subchapter 8 / Section 20-17-802
Fetal remains resulting from abortion
Status: in_force

(a) A physician or facility that performs an abortion shall ensure that the fetal remains and all parts are disposed of in accordance with § 20-17-801 and the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 . (b) A person shall not perform any biomedical or behavioral research on: (1) A fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born; or (2) A fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion. (c) A person shall not buy, sell, give, exchange, or barter or offer to buy, sell, give, exchange, or barter any fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion. (d) A person shall not possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion. (e) Subsection (d) of this section does not apply to: (1) A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion; (2) An employee, agent, or servant of a physician performing a legal abortion or pathologist performing a pathological examination as the result of a legal abortion; (3) The staff, faculty, students, or governing body of any institution of higher education or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions; (4) Licensed physicians or their employees, agents, and servants while in the conduct of medical research; (5) Any licensed physician when performing a standard autopsy examination; or (6) Any person acting in accordance with § 20-17-801 or the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 . (f) A person violating this section is guilty of a Class A misdemeanor. Amended by Act 2017, No. 603,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 535,§ 1, eff. 7/22/2015. Acts 1983, No. 714, §§ 1-7; A.S.A. 1947, §§ 82-436 -- 82-442.

(a) A physician or facility that performs an abortion shall ensure that the fetal remains and all parts are disposed of in accordance with § 20-17-801 and the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 .

(b) A person shall not perform any biomedical or behavioral research on: (1) A fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born; or (2) A fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion.

(1) A fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born; or

(2) A fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion.

(c) A person shall not buy, sell, give, exchange, or barter or offer to buy, sell, give, exchange, or barter any fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.

(d) A person shall not possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.

(e) Subsection (d) of this section does not apply to: (1) A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion; (2) An employee, agent, or servant of a physician performing a legal abortion or pathologist performing a pathological examination as the result of a legal abortion; (3) The staff, faculty, students, or governing body of any institution of higher education or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions; (4) Licensed physicians or their employees, agents, and servants while in the conduct of medical research; (5) Any licensed physician when performing a standard autopsy examination; or (6) Any person acting in accordance with § 20-17-801 or the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 .

(1) A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion;

(2) An employee, agent, or servant of a physician performing a legal abortion or pathologist performing a pathological examination as the result of a legal abortion;

(3) The staff, faculty, students, or governing body of any institution of higher education or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions;

(4) Licensed physicians or their employees, agents, and servants while in the conduct of medical research;

(5) Any licensed physician when performing a standard autopsy examination; or

(6) Any person acting in accordance with § 20-17-801 or the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 .

(f) A person violating this section is guilty of a Class A misdemeanor.

Amended by Act 2017, No. 603,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 535,§ 1, eff. 7/22/2015.

Acts 1983, No. 714, §§ 1-7; A.S.A. 1947, §§ 82-436 -- 82-442.
Ark. Code Ann. § 20-76-202 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-202
Department of Human Services - Public assistance - Temporary funding
Status: in_force

(a) (1) It is found and determined that the continued operations of the Department of Human Services, through its appropriate divisions, in accordance with the approved annual operations plan, are from time to time seriously impaired by either administrative oversights and delays by the Office of Grants Management of the United States Department of Health and Human Services or by the processes of federal fiscal year conversion. (2) It is further found and determined that the delays in the proper preparation and transmittal of federal grant award authorizations and letter of credit instruments have created unnecessary hardships on the providers of services and the needy citizens of this state. (b) (1) Therefore, upon certification of the pending availability of federal funding by the disbursing officer of the appropriate division of the Department of Human Services, the Chief Fiscal Officer of the State may grant temporary advances. (2) The Chief Fiscal Officer of the State shall recover within a period of twenty (20) days the temporary advances upon receipt of the grant award authorizations or letter of credit instruments. (c) No person in the State of Arkansas shall be excluded from participation in or be subjected to discrimination under any program or activity enumerated in this section on the ground of race, color, sex, disability, religion, or national origin. Acts 1981, No. 934, §§ 31, 36; A.S.A. 1947, §§ 83-109.1, 83-124.2; Acts 1997, No. 1058, § 6.

(a) (1) It is found and determined that the continued operations of the Department of Human Services, through its appropriate divisions, in accordance with the approved annual operations plan, are from time to time seriously impaired by either administrative oversights and delays by the Office of Grants Management of the United States Department of Health and Human Services or by the processes of federal fiscal year conversion. (2) It is further found and determined that the delays in the proper preparation and transmittal of federal grant award authorizations and letter of credit instruments have created unnecessary hardships on the providers of services and the needy citizens of this state.

(1) It is found and determined that the continued operations of the Department of Human Services, through its appropriate divisions, in accordance with the approved annual operations plan, are from time to time seriously impaired by either administrative oversights and delays by the Office of Grants Management of the United States Department of Health and Human Services or by the processes of federal fiscal year conversion.

(2) It is further found and determined that the delays in the proper preparation and transmittal of federal grant award authorizations and letter of credit instruments have created unnecessary hardships on the providers of services and the needy citizens of this state.

(b) (1) Therefore, upon certification of the pending availability of federal funding by the disbursing officer of the appropriate division of the Department of Human Services, the Chief Fiscal Officer of the State may grant temporary advances. (2) The Chief Fiscal Officer of the State shall recover within a period of twenty (20) days the temporary advances upon receipt of the grant award authorizations or letter of credit instruments.

(1) Therefore, upon certification of the pending availability of federal funding by the disbursing officer of the appropriate division of the Department of Human Services, the Chief Fiscal Officer of the State may grant temporary advances.

(2) The Chief Fiscal Officer of the State shall recover within a period of twenty (20) days the temporary advances upon receipt of the grant award authorizations or letter of credit instruments.

(c) No person in the State of Arkansas shall be excluded from participation in or be subjected to discrimination under any program or activity enumerated in this section on the ground of race, color, sex, disability, religion, or national origin.

Acts 1981, No. 934, §§ 31, 36; A.S.A. 1947, §§ 83-109.1, 83-124.2; Acts 1997, No. 1058, § 6.
Ark. Code Ann. § 20-56-303 — AR Code / Title 20 / Chapter 56 / Subchapter 3 / Section 20-56-303
Limitations on access to dispensary or cultivation facility
Status: in_force

(a) Except as provided in subsection (b) of this section, a dispensary or a cultivation facility shall not allow access to the dispensary, cultivation facility, or the property of the dispensary or cultivation facility to individuals who: (1) Do not possess a current registry identification card issued by the Department of Health or the Alcoholic Beverage Control Division; or (2) Are not authorized by law to be at the dispensary or cultivation facility. (b) (1) A cultivation facility may allow access by visitors to restricted areas of the cultivation facility if: (A) The visitor: (i) Presents a government-issued identification upon entry; (ii) Wears a visitor designation tag at all times; (iii) Is escorted by authorized personnel at all times in the cultivation facility; (iv) Is not a minor; and (v) Has been invited by the cultivation facility or management personnel of the cultivation facility; and (B) The cultivation facility maintains: (i) A log book recording the name, address, and purpose of the visit for each visitor; and (ii) Video surveillance of the restricted areas. (2) (A) A parent with a registry identification card or a designated caregiver registry identification card may bring his or her child or children into a dispensary or cultivation facility for the purpose of purchasing usable marijuana. (B) A parent without a designated caregiver registry identification card or registry identification card may accompany his or her child who has a registry identification card into a dispensary or cultivation facility for the purpose of purchasing usable marijuana for the child or children. Amended by Act 2021, No. 919,§ 1, eff. 7/28/2021. Added by Act 2017, No. 1023,§ 1, eff. 8/1/2017.

(a) Except as provided in subsection (b) of this section, a dispensary or a cultivation facility shall not allow access to the dispensary, cultivation facility, or the property of the dispensary or cultivation facility to individuals who: (1) Do not possess a current registry identification card issued by the Department of Health or the Alcoholic Beverage Control Division; or (2) Are not authorized by law to be at the dispensary or cultivation facility.

(1) Do not possess a current registry identification card issued by the Department of Health or the Alcoholic Beverage Control Division; or

(2) Are not authorized by law to be at the dispensary or cultivation facility.

(b) (1) A cultivation facility may allow access by visitors to restricted areas of the cultivation facility if: (A) The visitor: (i) Presents a government-issued identification upon entry; (ii) Wears a visitor designation tag at all times; (iii) Is escorted by authorized personnel at all times in the cultivation facility; (iv) Is not a minor; and (v) Has been invited by the cultivation facility or management personnel of the cultivation facility; and (B) The cultivation facility maintains: (i) A log book recording the name, address, and purpose of the visit for each visitor; and (ii) Video surveillance of the restricted areas. (2) (A) A parent with a registry identification card or a designated caregiver registry identification card may bring his or her child or children into a dispensary or cultivation facility for the purpose of purchasing usable marijuana. (B) A parent without a designated caregiver registry identification card or registry identification card may accompany his or her child who has a registry identification card into a dispensary or cultivation facility for the purpose of purchasing usable marijuana for the child or children.

(1) A cultivation facility may allow access by visitors to restricted areas of the cultivation facility if: (A) The visitor: (i) Presents a government-issued identification upon entry; (ii) Wears a visitor designation tag at all times; (iii) Is escorted by authorized personnel at all times in the cultivation facility; (iv) Is not a minor; and (v) Has been invited by the cultivation facility or management personnel of the cultivation facility; and (B) The cultivation facility maintains: (i) A log book recording the name, address, and purpose of the visit for each visitor; and (ii) Video surveillance of the restricted areas.

(A) The visitor: (i) Presents a government-issued identification upon entry; (ii) Wears a visitor designation tag at all times; (iii) Is escorted by authorized personnel at all times in the cultivation facility; (iv) Is not a minor; and (v) Has been invited by the cultivation facility or management personnel of the cultivation facility; and

(i) Presents a government-issued identification upon entry;

(ii) Wears a visitor designation tag at all times;

(iii) Is escorted by authorized personnel at all times in the cultivation facility;

(iv) Is not a minor; and

(v) Has been invited by the cultivation facility or management personnel of the cultivation facility; and

(B) The cultivation facility maintains: (i) A log book recording the name, address, and purpose of the visit for each visitor; and (ii) Video surveillance of the restricted areas.

(i) A log book recording the name, address, and purpose of the visit for each visitor; and

(ii) Video surveillance of the restricted areas.

(2) (A) A parent with a registry identification card or a designated caregiver registry identification card may bring his or her child or children into a dispensary or cultivation facility for the purpose of purchasing usable marijuana. (B) A parent without a designated caregiver registry identification card or registry identification card may accompany his or her child who has a registry identification card into a dispensary or cultivation facility for the purpose of purchasing usable marijuana for the child or children.

(A) A parent with a registry identification card or a designated caregiver registry identification card may bring his or her child or children into a dispensary or cultivation facility for the purpose of purchasing usable marijuana.

(B) A parent without a designated caregiver registry identification card or registry identification card may accompany his or her child who has a registry identification card into a dispensary or cultivation facility for the purpose of purchasing usable marijuana for the child or children.

Amended by Act 2021, No. 919,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 1023,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-56-220 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-220
State Board of Health - Inspection
Status: in_force

(a) The State Board of Health or its authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose of: (1) Inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this subchapter are being violated; and (2) Securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the samples. (b) It shall be the duty of the board to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this subchapter is being violated. Acts 1953, No. 415, § 20; A.S.A. 1947, § 82-1120.

(a) The State Board of Health or its authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose of: (1) Inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this subchapter are being violated; and (2) Securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the samples.

(1) Inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this subchapter are being violated; and

(2) Securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the samples.

(b) It shall be the duty of the board to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this subchapter is being violated.

Acts 1953, No. 415, § 20; A.S.A. 1947, § 82-1120.
Ark. Code Ann. § 20-19-306 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-306
Illegal acts when person bitten
Status: in_force

(a) It is unlawful for any person bitten, the family, treating physician, or veterinarian that has knowledge of a person bitten by a dog, cat, or other animal to refuse to notify the health authorities promptly. (b) It is unlawful for the owner of the dog, cat, or other animal to sell, give away, transfer, transport to another area, or otherwise dispose of the dog, cat, or other animal that is known to have bitten a person until it is released by the health authorities. (c) (1) It is unlawful for the owner of the dog, cat, or other animal to refuse or fail to comply with the written or printed instructions of the health authorities in any particular case. (2) (A) The written instructions shall be delivered in person by health authorities or their authorized agent. (B) If instructions cannot be delivered in person, the instructions shall be mailed by regular mail, postage prepaid, and addressed to the owner of the dog, cat, or other animal. (C) The affidavit or testimony of the health authorities or their authorized agent, who delivered or mailed such instructions, shall be prima facie evidence of the receipt of the instructions by the owner of the dog, cat, or other animal. Acts 1968 (1st Ex. Sess.), No. 11, § 3; 1975, No. 725, § 2; A.S.A. 1947, § 82-2403.

(a) It is unlawful for any person bitten, the family, treating physician, or veterinarian that has knowledge of a person bitten by a dog, cat, or other animal to refuse to notify the health authorities promptly.

(b) It is unlawful for the owner of the dog, cat, or other animal to sell, give away, transfer, transport to another area, or otherwise dispose of the dog, cat, or other animal that is known to have bitten a person until it is released by the health authorities.

(c) (1) It is unlawful for the owner of the dog, cat, or other animal to refuse or fail to comply with the written or printed instructions of the health authorities in any particular case. (2) (A) The written instructions shall be delivered in person by health authorities or their authorized agent. (B) If instructions cannot be delivered in person, the instructions shall be mailed by regular mail, postage prepaid, and addressed to the owner of the dog, cat, or other animal. (C) The affidavit or testimony of the health authorities or their authorized agent, who delivered or mailed such instructions, shall be prima facie evidence of the receipt of the instructions by the owner of the dog, cat, or other animal.

(1) It is unlawful for the owner of the dog, cat, or other animal to refuse or fail to comply with the written or printed instructions of the health authorities in any particular case.

(2) (A) The written instructions shall be delivered in person by health authorities or their authorized agent. (B) If instructions cannot be delivered in person, the instructions shall be mailed by regular mail, postage prepaid, and addressed to the owner of the dog, cat, or other animal. (C) The affidavit or testimony of the health authorities or their authorized agent, who delivered or mailed such instructions, shall be prima facie evidence of the receipt of the instructions by the owner of the dog, cat, or other animal.

(A) The written instructions shall be delivered in person by health authorities or their authorized agent.

(B) If instructions cannot be delivered in person, the instructions shall be mailed by regular mail, postage prepaid, and addressed to the owner of the dog, cat, or other animal.

(C) The affidavit or testimony of the health authorities or their authorized agent, who delivered or mailed such instructions, shall be prima facie evidence of the receipt of the instructions by the owner of the dog, cat, or other animal.

Acts 1968 (1st Ex. Sess.), No. 11, § 3; 1975, No. 725, § 2; A.S.A. 1947, § 82-2403.