Ark. Code Ann. § 20-64-707 — AR Code / Title 20 / Chapter 64 / Subchapter 7 / Section 20-64-707
Division of Aging, Adult, and Behavioral Health Services - Cooperation by other departments
Status: in_force

(a) To effectuate the purpose of this subchapter and to make maximum use of existing facilities and personnel, it is the duty of all departments and agencies of the state government and all officers and employees of the state, when requested by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, to cooperate with it in all activities consistent with their proper respective functions. (b) This section does not give the division control over existing facilities, institutions, or agencies, or require the facilities, institutions, or agencies to serve the division inconsistently with their respective functions, or with the authority of their respective offices, or with the laws and regulations governing their respective activities, or give the division power to make use of any private institution or agency without the consent of the private institution or agency, or to pay a private institution or agency for services which a public institution or agency is willing and able to perform adequately. Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 24, eff. 8/16/2013. Acts 1955, No. 411, § 6; A.S.A. 1947, § 83-706.

(a) To effectuate the purpose of this subchapter and to make maximum use of existing facilities and personnel, it is the duty of all departments and agencies of the state government and all officers and employees of the state, when requested by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, to cooperate with it in all activities consistent with their proper respective functions.

(b) This section does not give the division control over existing facilities, institutions, or agencies, or require the facilities, institutions, or agencies to serve the division inconsistently with their respective functions, or with the authority of their respective offices, or with the laws and regulations governing their respective activities, or give the division power to make use of any private institution or agency without the consent of the private institution or agency, or to pay a private institution or agency for services which a public institution or agency is willing and able to perform adequately.

Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 24, eff. 8/16/2013.

Acts 1955, No. 411, § 6; A.S.A. 1947, § 83-706.
Ark. Code Ann. § 20-76-423 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-423
Aged, blind, and disabled - Supplemental Security Income - Legislative intent
Status: in_force

It was the intent of the Sixty-Ninth General Assembly that on January 1, 1974, and thereafter, the State of Arkansas should provide supplemental payments to its citizens participating in the new supplemental security income program in the amount of mandatory minimum supplements as outlined in Pub. L. No. 92-603 and further explained in the written agreement between the Department of Human Services and the United States Secretary of Health and Human Services. Acts 1985, No. 649, § 29; A.S.A. 1947, § 83-128.7.

It was the intent of the Sixty-Ninth General Assembly that on January 1, 1974, and thereafter, the State of Arkansas should provide supplemental payments to its citizens participating in the new supplemental security income program in the amount of mandatory minimum supplements as outlined in Pub. L. No. 92-603 and further explained in the written agreement between the Department of Human Services and the United States Secretary of Health and Human Services.

Acts 1985, No. 649, § 29; A.S.A. 1947, § 83-128.7.
Ark. Code Ann. § 20-76-105 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-105
[Repealed]
Status: repealed

Repealed by Act 2015, No. 907,§ 8, eff. 7/1/2015. Amended by Act 2013, No. 1132,§ 41, eff. 8/16/2013. Acts 1997, No. 1058, § 4; 1999, No. 1567, § 6; 2001, No. 1264, §§ 1-3; 2003, No. 1306, §§ 1-3; 2005, No. 1705, §§ 4-6; 2007, No. 514, § 2; 2009, No. 952, § 11.

Repealed by Act 2015, No. 907,§ 8, eff. 7/1/2015.

Amended by Act 2013, No. 1132,§ 41, eff. 8/16/2013.

Acts 1997, No. 1058, § 4; 1999, No. 1567, § 6; 2001, No. 1264, §§ 1-3; 2003, No. 1306, §§ 1-3; 2005, No. 1705, §§ 4-6; 2007, No. 514, § 2; 2009, No. 952, § 11.
Ark. Code Ann. § 20-56-222 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-222
State Board of Health - Enforcement of subchapter
Status: in_force

(a) The enforcement of the provisions of this subchapter and all acts ancillary to it shall be the duty of the Division of Environmental Health Protection of the Department of Health. (b) The State Board of Health is authorized to appoint the necessary personnel to properly administer this subchapter. Acts 1953, No. 415, § 22; A.S.A. 1947, § 82-1122.

(a) The enforcement of the provisions of this subchapter and all acts ancillary to it shall be the duty of the Division of Environmental Health Protection of the Department of Health.

(b) The State Board of Health is authorized to appoint the necessary personnel to properly administer this subchapter.

Acts 1953, No. 415, § 22; A.S.A. 1947, § 82-1122.
Ark. Code Ann. § 20-77-704 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-704
Payment of trust funds
Status: in_force

(a) The cotrustees of the Special Needs Trust Revolving Fund are hereby given complete discretion as to the expenditure of principal and income of the Special Needs Trust Revolving Fund for the purposes set forth in this subchapter, not to exceed all of the income earned by the fund annually and no more than ten percent (10%) of the principal of the fund. All income not expended annually shall become a part of and be added to the principal of the fund. The expenditures from the fund shall be subject to § 20-77-705 and shall have the following priorities: (1) Each claimant who is also a contributing beneficiary shall be deemed to have priority as to distribution of his or her share of the principal and the income earned by his or her share of the fund; and (2) Any of the share of principal or income of the contributing beneficiary not expended for the contributing beneficiary plus all expenditure of principal and income as allowed above which are not designated for any contributing beneficiary may be expended for any other claimant. (b) (1) The cotrustees shall keep a current account balance for each contributing beneficiary's fund, with the balance to be reduced by all expenditures for that contributing beneficiary whether out of the fund or from any collateral source until the balance reaches zero dollars ($0.00). (2) Should the contributing beneficiary die before his or her balance reaching zero dollars ($0.00), the balance shall be paid to the estate of the deceased contributing beneficiary. (c) When a contributing beneficiary's account balance as described in subsection (b) of this section reaches zero dollars ($0.00), the contributing beneficiary shall be treated as any other claimant for purposes of receiving benefits from this fund. In addition to the annual accounting as required by § 20-77-108 , the cotrustees shall notify a contributing beneficiary when his or her account balance reaches zero dollars ($0.00). (d) A benefit shall not be subject to execution, attachment, garnishment, or other process, except that benefits for allowable expenses shall not be exempt from a creditor to the extent that the creditor has provided products, services, or accommodations, the costs of which are included in the benefit. (e) An assignment by the claimant to any future benefit under the provisions of this subchapter is unenforceable, except an assignment of any benefit for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or disability on which the claim is based and are provided or are to be provided by the assignee. Acts 1993, No. 1228, § 1.

(a) The cotrustees of the Special Needs Trust Revolving Fund are hereby given complete discretion as to the expenditure of principal and income of the Special Needs Trust Revolving Fund for the purposes set forth in this subchapter, not to exceed all of the income earned by the fund annually and no more than ten percent (10%) of the principal of the fund. All income not expended annually shall become a part of and be added to the principal of the fund. The expenditures from the fund shall be subject to § 20-77-705 and shall have the following priorities: (1) Each claimant who is also a contributing beneficiary shall be deemed to have priority as to distribution of his or her share of the principal and the income earned by his or her share of the fund; and (2) Any of the share of principal or income of the contributing beneficiary not expended for the contributing beneficiary plus all expenditure of principal and income as allowed above which are not designated for any contributing beneficiary may be expended for any other claimant.

(1) Each claimant who is also a contributing beneficiary shall be deemed to have priority as to distribution of his or her share of the principal and the income earned by his or her share of the fund; and

(2) Any of the share of principal or income of the contributing beneficiary not expended for the contributing beneficiary plus all expenditure of principal and income as allowed above which are not designated for any contributing beneficiary may be expended for any other claimant.

(b) (1) The cotrustees shall keep a current account balance for each contributing beneficiary's fund, with the balance to be reduced by all expenditures for that contributing beneficiary whether out of the fund or from any collateral source until the balance reaches zero dollars ($0.00). (2) Should the contributing beneficiary die before his or her balance reaching zero dollars ($0.00), the balance shall be paid to the estate of the deceased contributing beneficiary.

(1) The cotrustees shall keep a current account balance for each contributing beneficiary's fund, with the balance to be reduced by all expenditures for that contributing beneficiary whether out of the fund or from any collateral source until the balance reaches zero dollars ($0.00).

(2) Should the contributing beneficiary die before his or her balance reaching zero dollars ($0.00), the balance shall be paid to the estate of the deceased contributing beneficiary.

(c) When a contributing beneficiary's account balance as described in subsection (b) of this section reaches zero dollars ($0.00), the contributing beneficiary shall be treated as any other claimant for purposes of receiving benefits from this fund. In addition to the annual accounting as required by § 20-77-108 , the cotrustees shall notify a contributing beneficiary when his or her account balance reaches zero dollars ($0.00).

(d) A benefit shall not be subject to execution, attachment, garnishment, or other process, except that benefits for allowable expenses shall not be exempt from a creditor to the extent that the creditor has provided products, services, or accommodations, the costs of which are included in the benefit.

(e) An assignment by the claimant to any future benefit under the provisions of this subchapter is unenforceable, except an assignment of any benefit for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or disability on which the claim is based and are provided or are to be provided by the assignee.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-27-401 — AR Code / Title 20 / Chapter 27 / Subchapter 4 / Section 20-27-401
Public nuisance
Status: in_force

The operation of a house of ill fame, a bawdy house, a disorderly house, or any house for the purpose of assignation or prostitution in this state to which men and women resort for the purpose of prostitution or lewdness is declared to be a public nuisance, detrimental to public morals, and may be abated under the present provisions of law for the suppression of public nuisances. Acts 1941, No. 361, § 3; A.S.A. 1947, § 41-3051.

The operation of a house of ill fame, a bawdy house, a disorderly house, or any house for the purpose of assignation or prostitution in this state to which men and women resort for the purpose of prostitution or lewdness is declared to be a public nuisance, detrimental to public morals, and may be abated under the present provisions of law for the suppression of public nuisances.

Acts 1941, No. 361, § 3; A.S.A. 1947, § 41-3051.
Ark. Code Ann. § 20-86-104 — AR Code / Title 20 / Chapter 86 / Section 20-86-104
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Administrative costs" includes, but is not limited to, soliciting matching funds, processing fees charged by the fiduciary organization or financial institution, and traditional overhead costs. (B) Administrative costs shall be limited to no more than ten percent (10%) of the contract; (2) "Eligible educational institution" means the following: (A) An institution described in 20 U.S.C. § 1088(a)(2) or § 1141(a) , as such sections are in effect on January 1, 2000; (B) An area vocational education school, as defined in 20 U.S.C. § 2471(4) , subparagraph (C) or subparagraph (D), as the section is in effect on January 1, 2000; and (C) Any other accredited education or training organization; (3) "Federal poverty level" means the poverty income guidelines published for a calendar year by the United States Department of Health and Human Services; (4) "Fiduciary organization" means the organization that will serve as an intermediary between an individual account holder and a financial institution holding account funds. A fiduciary organization shall be a not-for-profit organization described in § 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2000; (5) "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions and includes, but is not limited to, a bank, trust company, savings bank, building and loan association, savings and loan company or association, or credit union; (6) "Individual development account" means an account created pursuant to this subchapter exclusively for the purpose of paying the expenses of an eligible individual or family for the purposes set forth in § 20-86-107 ; (7) "Net worth" means the aggregate market value of all assets that are owned in whole or in part by any member of the household, less the obligations or debts of any member of the household; (8) "Operating costs" includes, but is not limited to, costs of training individual development account participants in economic and financial literacy and individual development account uses, marketing participation, counseling participants, and conducting required verification and compliance activities; (9) "Postsecondary educational expenses" means: (A) Tuition and fees required for the enrollment or attendance of an individual development account holder or immediate family member thereof who is a student at an eligible educational institution; and (B) Fees, books, supplies, and equipment required for courses of instruction for an individual development account holder or immediate family member thereof who is a student at an eligible educational institution; (10) "Qualified acquisition costs" means: (A) The costs of acquiring, constructing, or reconstructing a residence to be occupied by an individual development account holder or an immediate family member thereof, including, but not limited to, any usual or reasonable settlement, financing, or other closing costs; and (B) The costs of acquiring or repairing a motor vehicle to be used by an individual development account holder or an immediate family member thereof, including, but not limited to, any taxes, insurance, or registration costs incurred in acquiring a motor vehicle; (11) "Qualified business" means any business that does not contravene any law or public policy; (12) "Qualified business capitalization expenses" means qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan; (13) "Qualified emergency withdrawals" means a withdrawal by an eligible individual that is a withdrawal of only those funds or a portion of those funds deposited by the individual into the individual development account of the individual and that is permitted by a fiduciary organization on a case-by-case basis in accordance with the rules established by the department; (14) "Qualified expenditures" means expenditures included in a qualified plan, including, but not limited to, capital, plant, equipment, working capital, and inventory expenses; (15) "Qualified first-time home buyer" means an individual who has no ownership interest in a principal residence during the three-year period ending on the date of acquisition of the principal residence to which this subchapter applies; (16) "Qualified plan" means a plan for the operation of a business by an individual development account holder or an immediate family member thereof that: (A) Is approved by a financial institution or by a nonprofit microenterprise program or loan fund, having demonstrated business expertise; (B) Includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and (C) May require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor; and (17) "Qualified principal residence" means a principal residence within the meaning of section 1034 of the Internal Revenue Code of 1986, 26 U.S.C. § 1034 , as in effect on January 1, 2000, of an individual development account holder or an immediate family member thereof, the qualified acquisition costs of which do not exceed the average area purchase price applicable to such residence, determined in accordance with paragraphs (2) and (3) of section 143(e) of the Internal Revenue Code, 26 U.S.C. § 143(e)(2) and (3) , as in effect on January 1, 2000. Acts 1999, No. 1217, § 4; 2007, No. 252, § 1.

As used in this subchapter:

(1) (A) "Administrative costs" includes, but is not limited to, soliciting matching funds, processing fees charged by the fiduciary organization or financial institution, and traditional overhead costs. (B) Administrative costs shall be limited to no more than ten percent (10%) of the contract;

(A) "Administrative costs" includes, but is not limited to, soliciting matching funds, processing fees charged by the fiduciary organization or financial institution, and traditional overhead costs.

(B) Administrative costs shall be limited to no more than ten percent (10%) of the contract;

(2) "Eligible educational institution" means the following: (A) An institution described in 20 U.S.C. § 1088(a)(2) or § 1141(a) , as such sections are in effect on January 1, 2000; (B) An area vocational education school, as defined in 20 U.S.C. § 2471(4) , subparagraph (C) or subparagraph (D), as the section is in effect on January 1, 2000; and (C) Any other accredited education or training organization;

(A) An institution described in 20 U.S.C. § 1088(a)(2) or § 1141(a) , as such sections are in effect on January 1, 2000;

(B) An area vocational education school, as defined in 20 U.S.C. § 2471(4) , subparagraph (C) or subparagraph (D), as the section is in effect on January 1, 2000; and

(C) Any other accredited education or training organization;

(3) "Federal poverty level" means the poverty income guidelines published for a calendar year by the United States Department of Health and Human Services;

(4) "Fiduciary organization" means the organization that will serve as an intermediary between an individual account holder and a financial institution holding account funds. A fiduciary organization shall be a not-for-profit organization described in § 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2000;

(5) "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions and includes, but is not limited to, a bank, trust company, savings bank, building and loan association, savings and loan company or association, or credit union;

(6) "Individual development account" means an account created pursuant to this subchapter exclusively for the purpose of paying the expenses of an eligible individual or family for the purposes set forth in § 20-86-107 ;

(7) "Net worth" means the aggregate market value of all assets that are owned in whole or in part by any member of the household, less the obligations or debts of any member of the household;

(8) "Operating costs" includes, but is not limited to, costs of training individual development account participants in economic and financial literacy and individual development account uses, marketing participation, counseling participants, and conducting required verification and compliance activities;

(9) "Postsecondary educational expenses" means: (A) Tuition and fees required for the enrollment or attendance of an individual development account holder or immediate family member thereof who is a student at an eligible educational institution; and (B) Fees, books, supplies, and equipment required for courses of instruction for an individual development account holder or immediate family member thereof who is a student at an eligible educational institution;

(A) Tuition and fees required for the enrollment or attendance of an individual development account holder or immediate family member thereof who is a student at an eligible educational institution; and

(B) Fees, books, supplies, and equipment required for courses of instruction for an individual development account holder or immediate family member thereof who is a student at an eligible educational institution;

(10) "Qualified acquisition costs" means: (A) The costs of acquiring, constructing, or reconstructing a residence to be occupied by an individual development account holder or an immediate family member thereof, including, but not limited to, any usual or reasonable settlement, financing, or other closing costs; and (B) The costs of acquiring or repairing a motor vehicle to be used by an individual development account holder or an immediate family member thereof, including, but not limited to, any taxes, insurance, or registration costs incurred in acquiring a motor vehicle;

(A) The costs of acquiring, constructing, or reconstructing a residence to be occupied by an individual development account holder or an immediate family member thereof, including, but not limited to, any usual or reasonable settlement, financing, or other closing costs; and

(B) The costs of acquiring or repairing a motor vehicle to be used by an individual development account holder or an immediate family member thereof, including, but not limited to, any taxes, insurance, or registration costs incurred in acquiring a motor vehicle;

(11) "Qualified business" means any business that does not contravene any law or public policy;

(12) "Qualified business capitalization expenses" means qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan;

(13) "Qualified emergency withdrawals" means a withdrawal by an eligible individual that is a withdrawal of only those funds or a portion of those funds deposited by the individual into the individual development account of the individual and that is permitted by a fiduciary organization on a case-by-case basis in accordance with the rules established by the department;

(14) "Qualified expenditures" means expenditures included in a qualified plan, including, but not limited to, capital, plant, equipment, working capital, and inventory expenses;

(15) "Qualified first-time home buyer" means an individual who has no ownership interest in a principal residence during the three-year period ending on the date of acquisition of the principal residence to which this subchapter applies;

(16) "Qualified plan" means a plan for the operation of a business by an individual development account holder or an immediate family member thereof that: (A) Is approved by a financial institution or by a nonprofit microenterprise program or loan fund, having demonstrated business expertise; (B) Includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and (C) May require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor; and

(A) Is approved by a financial institution or by a nonprofit microenterprise program or loan fund, having demonstrated business expertise;

(B) Includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and

(C) May require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor; and

(17) "Qualified principal residence" means a principal residence within the meaning of section 1034 of the Internal Revenue Code of 1986, 26 U.S.C. § 1034 , as in effect on January 1, 2000, of an individual development account holder or an immediate family member thereof, the qualified acquisition costs of which do not exceed the average area purchase price applicable to such residence, determined in accordance with paragraphs (2) and (3) of section 143(e) of the Internal Revenue Code, 26 U.S.C. § 143(e)(2) and (3) , as in effect on January 1, 2000.

Acts 1999, No. 1217, § 4; 2007, No. 252, § 1.
Ark. Code Ann. § 20-16-816 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-816
Right of intervention
Status: in_force

The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter, as a matter of right and in his or her official capacity, to intervene to defend this law in any case in which its constitutionality is challenged. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter, as a matter of right and in his or her official capacity, to intervene to defend this law in any case in which its constitutionality is challenged.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-27-1316 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1316
Joint and several liability
Status: in_force

The owner or operator of any quarry or open pit mine where a blast is conducted and any contractor conducting the blast shall be jointly and severally liable for violations of this subchapter and any rules issued under this subchapter. Amended by Act 2019, No. 315,§ 2119, eff. 7/24/2019. Acts 1995, No. 814, § 11.

The owner or operator of any quarry or open pit mine where a blast is conducted and any contractor conducting the blast shall be jointly and severally liable for violations of this subchapter and any rules issued under this subchapter.

Amended by Act 2019, No. 315,§ 2119, eff. 7/24/2019.

Acts 1995, No. 814, § 11.
Ark. Code Ann. § 20-10-2509 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2509
Rules
Status: in_force

The Department of Human Services shall adopt rules: (1) For initial and continuing education on dementia for covered staff members; and (2) (A) To establish two (2) hours of continuing education on dementia for all covered staff annually. (B) The continuing education under subdivision (2)(A) of this section shall include new information on best practices in the treatment and care of persons with dementia. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

The Department of Human Services shall adopt rules:

(1) For initial and continuing education on dementia for covered staff members; and

(2) (A) To establish two (2) hours of continuing education on dementia for all covered staff annually. (B) The continuing education under subdivision (2)(A) of this section shall include new information on best practices in the treatment and care of persons with dementia.

(A) To establish two (2) hours of continuing education on dementia for all covered staff annually.

(B) The continuing education under subdivision (2)(A) of this section shall include new information on best practices in the treatment and care of persons with dementia.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-16-1002 — AR Code / Title 20 / Chapter 16 / Subchapter 10 / Section 20-16-1002
Prohibited acts - Penalties
Status: in_force

(a) It is unlawful for any person or entity, public or private, to intentionally or knowingly: (1) Perform or attempt to perform human cloning; (2) Participate in an attempt to perform human cloning; (3) Ship, transfer, or receive for any purpose an embryo produced by human cloning; or (4) Ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of human cloning. (b) A violation of subdivision (a)(1) of this section or a violation of subdivision (a)(2) of this section, or both, is a Class C felony. (c) A violation of subdivision (a)(3) of this section or a violation of subdivision (a)(4) of this section, or both, is a Class A misdemeanor. (d) (1) In addition to any criminal penalty that may be levied, any person or entity that violates any provision of this section shall be subject to a fine of not less than two hundred fifty thousand dollars ($250,000) or two (2) times the amount of any pecuniary gain that is received by the person or entity, whichever is greater. (2) All fines collected shall be placed into the general revenues of the State of Arkansas. Acts 2003, No. 607, § 1.

(a) It is unlawful for any person or entity, public or private, to intentionally or knowingly: (1) Perform or attempt to perform human cloning; (2) Participate in an attempt to perform human cloning; (3) Ship, transfer, or receive for any purpose an embryo produced by human cloning; or (4) Ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of human cloning.

(1) Perform or attempt to perform human cloning;

(2) Participate in an attempt to perform human cloning;

(3) Ship, transfer, or receive for any purpose an embryo produced by human cloning; or

(4) Ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of human cloning.

(b) A violation of subdivision (a)(1) of this section or a violation of subdivision (a)(2) of this section, or both, is a Class C felony.

(c) A violation of subdivision (a)(3) of this section or a violation of subdivision (a)(4) of this section, or both, is a Class A misdemeanor.

(d) (1) In addition to any criminal penalty that may be levied, any person or entity that violates any provision of this section shall be subject to a fine of not less than two hundred fifty thousand dollars ($250,000) or two (2) times the amount of any pecuniary gain that is received by the person or entity, whichever is greater. (2) All fines collected shall be placed into the general revenues of the State of Arkansas.

(1) In addition to any criminal penalty that may be levied, any person or entity that violates any provision of this section shall be subject to a fine of not less than two hundred fifty thousand dollars ($250,000) or two (2) times the amount of any pecuniary gain that is received by the person or entity, whichever is greater.

(2) All fines collected shall be placed into the general revenues of the State of Arkansas.

Acts 2003, No. 607, § 1.
Ark. Code Ann. § 20-12-601 — AR Code / Title 20 / Chapter 12 / Subchapter 6 / Section 20-12-601
Purpose
Status: in_force

It is the purpose and intent of this subchapter to establish a program of financial assistance to encourage primary care physicians to accept full-time faculty positions in a University of Arkansas for Medical Sciences area health education center community or at the Department of Family and Preventive Medicine within the University of Arkansas for Medical Sciences. Acts 1993, No. 1107, § 1.

It is the purpose and intent of this subchapter to establish a program of financial assistance to encourage primary care physicians to accept full-time faculty positions in a University of Arkansas for Medical Sciences area health education center community or at the Department of Family and Preventive Medicine within the University of Arkansas for Medical Sciences.

Acts 1993, No. 1107, § 1.
Ark. Code Ann. § 20-16-2107 — AR Code / Title 20 / Chapter 16 / Subchapter 21 / Section 20-16-2107
Right of intervention
Status: in_force

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-27-2705 — AR Code / Title 20 / Chapter 27 / Subchapter 27 / Section 20-27-2705
Rules
Status: in_force

(a) The Department of Health may adopt rules to implement this section, including without limitation rules regarding the following: (1) Mandatory label dimensions; (2) Format; (3) Informational content, including the name, address, and permit number of the manufacturer, renovator, or sanitizer; (4) Letter size; (5) Material; (6) Placement; (7) Affixing specifications; (8) Other relevant requirements; (9) The procedures and requirements for the application, issuance, renewal, denial, suspension, and revocation of each class of permit, including, but not limited to, manufacturers, renovators, sanitizers, and sellers; (10) Adequate notice and opportunity for hearing for persons potentially subject to denial, suspension, or revocation; (11) Approved manufacturers and sellers of labels required by this section; and (12) Any other substantive, interpretative, or procedural rules necessary to implement this subchapter. (b) In setting standards and procedures under this section, including those to protect public health and safety, the department may issue rules incorporating by reference uniform standards, norms, or testing procedures that are issued, promulgated, or accepted by recognized government, public, or industry organizations. Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.

(a) The Department of Health may adopt rules to implement this section, including without limitation rules regarding the following: (1) Mandatory label dimensions; (2) Format; (3) Informational content, including the name, address, and permit number of the manufacturer, renovator, or sanitizer; (4) Letter size; (5) Material; (6) Placement; (7) Affixing specifications; (8) Other relevant requirements; (9) The procedures and requirements for the application, issuance, renewal, denial, suspension, and revocation of each class of permit, including, but not limited to, manufacturers, renovators, sanitizers, and sellers; (10) Adequate notice and opportunity for hearing for persons potentially subject to denial, suspension, or revocation; (11) Approved manufacturers and sellers of labels required by this section; and (12) Any other substantive, interpretative, or procedural rules necessary to implement this subchapter.

(1) Mandatory label dimensions;

(2) Format;

(3) Informational content, including the name, address, and permit number of the manufacturer, renovator, or sanitizer;

(4) Letter size;

(5) Material;

(6) Placement;

(7) Affixing specifications;

(8) Other relevant requirements;

(9) The procedures and requirements for the application, issuance, renewal, denial, suspension, and revocation of each class of permit, including, but not limited to, manufacturers, renovators, sanitizers, and sellers;

(10) Adequate notice and opportunity for hearing for persons potentially subject to denial, suspension, or revocation;

(11) Approved manufacturers and sellers of labels required by this section; and

(12) Any other substantive, interpretative, or procedural rules necessary to implement this subchapter.

(b) In setting standards and procedures under this section, including those to protect public health and safety, the department may issue rules incorporating by reference uniform standards, norms, or testing procedures that are issued, promulgated, or accepted by recognized government, public, or industry organizations.

Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-78-227 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-227
General liability insurance coverage required
Status: in_force

(a) The purpose of this section is to enhance safe and responsible passenger transportation of children in child care by requiring appropriate liability insurance and driver training. (b) (1) The Division of Child Care and Early Childhood Education of the Department of Human Services, in collaboration with the State Insurance Department, shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed childcare centers and licensed and registered childcare family homes, including coverage for transportation services when applicable. (2) A state institution, political subdivision, or other entity that is entitled to immunity from liability under § 21-9-301 is not required to have general liability insurance coverage in order to be licensed. (c) The division shall promulgate rules requiring all drivers of vehicles transporting children on behalf of licensed childcare centers and licensed and registered childcare family homes to complete a comprehensive program of driver safety training. Amended by Act 2015, No. 23,§ 1, eff. 2/6/2015. Acts 2009, No. 778, §§ 1, 2.

(a) The purpose of this section is to enhance safe and responsible passenger transportation of children in child care by requiring appropriate liability insurance and driver training.

(b) (1) The Division of Child Care and Early Childhood Education of the Department of Human Services, in collaboration with the State Insurance Department, shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed childcare centers and licensed and registered childcare family homes, including coverage for transportation services when applicable. (2) A state institution, political subdivision, or other entity that is entitled to immunity from liability under § 21-9-301 is not required to have general liability insurance coverage in order to be licensed.

(1) The Division of Child Care and Early Childhood Education of the Department of Human Services, in collaboration with the State Insurance Department, shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed childcare centers and licensed and registered childcare family homes, including coverage for transportation services when applicable.

(2) A state institution, political subdivision, or other entity that is entitled to immunity from liability under § 21-9-301 is not required to have general liability insurance coverage in order to be licensed.

(c) The division shall promulgate rules requiring all drivers of vehicles transporting children on behalf of licensed childcare centers and licensed and registered childcare family homes to complete a comprehensive program of driver safety training.

Amended by Act 2015, No. 23,§ 1, eff. 2/6/2015.

Acts 2009, No. 778, §§ 1, 2.
Ark. Code Ann. § 20-47-222 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-222
Transfer and admission of residents who become ill in another state
Status: in_force

The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee shall have authority to authorize the transfer and admission to a receiving facility or program of any person who is a legal resident of the state and who may become mentally ill while a transient in another state, under the Interstate Compact on Mental Health, § 20-50-101 et seq. Amended by Act 2017, No. 913,§ 81, eff. 8/1/2017. Acts 1989, No. 861, § 19.

The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee shall have authority to authorize the transfer and admission to a receiving facility or program of any person who is a legal resident of the state and who may become mentally ill while a transient in another state, under the Interstate Compact on Mental Health, § 20-50-101 et seq.

Amended by Act 2017, No. 913,§ 81, eff. 8/1/2017.

Acts 1989, No. 861, § 19.
Ark. Code Ann. § 20-9-210 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-210
Construction program - Payment of installments
Status: in_force

The State Board of Health shall from time to time cause to be inspected each construction project approved by the United States Surgeon General. If the inspection warrants, the Department of Health shall certify to the United States Surgeon General that work has been performed upon the project or purchases have been made in accordance with the approved plans and specifications and that payment of an installment of federal funds is due the applicant. Acts 1961, No. 414, § 17; A.S.A. 1947, § 82-343.

The State Board of Health shall from time to time cause to be inspected each construction project approved by the United States Surgeon General. If the inspection warrants, the Department of Health shall certify to the United States Surgeon General that work has been performed upon the project or purchases have been made in accordance with the approved plans and specifications and that payment of an installment of federal funds is due the applicant.

Acts 1961, No. 414, § 17; A.S.A. 1947, § 82-343.
Ark. Code Ann. § 20-13-808 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-808
Terms - Vacancies - Meetings - Rules
Status: in_force

(a) All voting members of the Trauma Advisory Council shall be appointed for terms of five (5) years. (b) (1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled in the manner provided for the original appointment under § 20-13-807 . (2) The new appointee shall serve for the remainder of the unexpired term. (c) A member of the council shall be removed for conviction of a felony, for not attending fifty percent (50%) of the meetings in a calendar year, or if the member no longer meets the qualifications for his or her initial appointment. (d) (1) The members of the council shall elect from their membership a chair, a vice chair, and a secretary, whose duties shall be those customarily exercised by those officers or duties specifically designated by the council. (2) All officers shall serve for a period of two (2) years and until their successors are elected. (e) (1) A majority of the voting members of the council shall constitute a quorum for the purpose of transacting business. (2) Except for actions taken pursuant to subsection (g) of this section, all actions of the council shall be made by a majority of all voting members. (f) The council shall meet at least four (4) times a year but may meet more frequently upon the call of the Chair of the Trauma Advisory Council or at the request, stated in writing, of a majority of the members of the council. (g) (1) To assist in the expeditious conduct of its business when the full council is not meeting, the council may elect an executive committee. (2) The chair, the Vice Chair of the Trauma Advisory Council, and the Secretary of the Trauma Advisory Council shall be members of the executive committee. (3) The executive committee shall be constituted and shall function as provided in the bylaws of the council. (h) The council shall establish its own rules of procedure. Amended by Act 2017, No. 812,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 540,§ 43, eff. 8/1/2017. Acts 1993, No. 559, § 8; 2007, No. 827, § 157; 2009, No. 393, § 1.

(a) All voting members of the Trauma Advisory Council shall be appointed for terms of five (5) years.

(b) (1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled in the manner provided for the original appointment under § 20-13-807 . (2) The new appointee shall serve for the remainder of the unexpired term.

(1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled in the manner provided for the original appointment under § 20-13-807 .

(2) The new appointee shall serve for the remainder of the unexpired term.

(c) A member of the council shall be removed for conviction of a felony, for not attending fifty percent (50%) of the meetings in a calendar year, or if the member no longer meets the qualifications for his or her initial appointment.

(d) (1) The members of the council shall elect from their membership a chair, a vice chair, and a secretary, whose duties shall be those customarily exercised by those officers or duties specifically designated by the council. (2) All officers shall serve for a period of two (2) years and until their successors are elected.

(1) The members of the council shall elect from their membership a chair, a vice chair, and a secretary, whose duties shall be those customarily exercised by those officers or duties specifically designated by the council.

(2) All officers shall serve for a period of two (2) years and until their successors are elected.

(e) (1) A majority of the voting members of the council shall constitute a quorum for the purpose of transacting business. (2) Except for actions taken pursuant to subsection (g) of this section, all actions of the council shall be made by a majority of all voting members.

(1) A majority of the voting members of the council shall constitute a quorum for the purpose of transacting business.

(2) Except for actions taken pursuant to subsection (g) of this section, all actions of the council shall be made by a majority of all voting members.

(f) The council shall meet at least four (4) times a year but may meet more frequently upon the call of the Chair of the Trauma Advisory Council or at the request, stated in writing, of a majority of the members of the council.

(g) (1) To assist in the expeditious conduct of its business when the full council is not meeting, the council may elect an executive committee. (2) The chair, the Vice Chair of the Trauma Advisory Council, and the Secretary of the Trauma Advisory Council shall be members of the executive committee. (3) The executive committee shall be constituted and shall function as provided in the bylaws of the council.

(1) To assist in the expeditious conduct of its business when the full council is not meeting, the council may elect an executive committee.

(2) The chair, the Vice Chair of the Trauma Advisory Council, and the Secretary of the Trauma Advisory Council shall be members of the executive committee.

(3) The executive committee shall be constituted and shall function as provided in the bylaws of the council.

(h) The council shall establish its own rules of procedure.

Amended by Act 2017, No. 812,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 540,§ 43, eff. 8/1/2017.

Acts 1993, No. 559, § 8; 2007, No. 827, § 157; 2009, No. 393, § 1.
Ark. Code Ann. § 20-81-106 — AR Code / Title 20 / Chapter 81 / Section 20-81-106
County programs
Status: in_force

(a) (1) The Department of Veterans Affairs is authorized to establish, implement, and maintain a program for providing financial assistance to the counties to assist the counties in paying the salaries and expenses of county veterans' service officers. (2) Any program established and maintained by the Department of Veterans Affairs shall provide for financial assistance to applying counties on the basis of one dollar ($1.00) of state funds for each two dollars ($2.00) of county funds provided for the payment of the salary and expenses of the particular veterans' service officer of the applying county. (3) (A) Except as provided in subdivision (a)(3)(B) of this section, a county shall not receive financial assistance under the provisions of this act in excess of three thousand six hundred dollars ($3,600) in any fiscal year. (B) However, the financial assistance to counties under this section may be increased to a maximum of four thousand eight hundred dollars ($4,800) per year for those counties wherein the veteran population exceeds two thousand five hundred (2,500) veterans as reflected by the latest United States Department of Veterans Affairs report on veteran population. (b) (1) In addition to the financial assistance provided under this act, the Department of Veterans Affairs may provide an additional incentive payment of five hundred dollars ($500) per quarter of the fiscal year to counties that ensure the county's veteran's service officers obtain or maintain accreditation by the United States Department of Veterans Affairs. (2) In addition to the financial assistance provided under this act, the Department of Veterans Affairs may provide an additional incentive payment of five hundred dollars ($500) per quarter of the fiscal year to counties that ensure the county's veteran's service officers obtain or maintain access to and proficiency in the United States Department of Veteran Affairs' Veterans Benefits Management System. (c) Assistance grants under this section may be made only to those counties employing a county veterans' service officer who meets the training and testing qualifications, scheduled number of work hours per month, and other qualifications prescribed by the Department of Veterans Affairs for county veterans' service officers. (d) (1) The county veterans' service officers shall serve at the pleasure of the individual incumbent county judge in his or her respective county. (2) However, supervision, training, and testing of county veterans' service officers shall be the responsibility of the Department of Veterans Affairs. Amended by Act 2021, No. 941,§ 1, eff. 7/28/2021. Acts 1979, No. 324, § 11; A.S.A. 1947, § 11-1420; Acts 1989 (1st Ex. Sess.), No. 217, § 7.

(a) (1) The Department of Veterans Affairs is authorized to establish, implement, and maintain a program for providing financial assistance to the counties to assist the counties in paying the salaries and expenses of county veterans' service officers. (2) Any program established and maintained by the Department of Veterans Affairs shall provide for financial assistance to applying counties on the basis of one dollar ($1.00) of state funds for each two dollars ($2.00) of county funds provided for the payment of the salary and expenses of the particular veterans' service officer of the applying county. (3) (A) Except as provided in subdivision (a)(3)(B) of this section, a county shall not receive financial assistance under the provisions of this act in excess of three thousand six hundred dollars ($3,600) in any fiscal year. (B) However, the financial assistance to counties under this section may be increased to a maximum of four thousand eight hundred dollars ($4,800) per year for those counties wherein the veteran population exceeds two thousand five hundred (2,500) veterans as reflected by the latest United States Department of Veterans Affairs report on veteran population.

(1) The Department of Veterans Affairs is authorized to establish, implement, and maintain a program for providing financial assistance to the counties to assist the counties in paying the salaries and expenses of county veterans' service officers.

(2) Any program established and maintained by the Department of Veterans Affairs shall provide for financial assistance to applying counties on the basis of one dollar ($1.00) of state funds for each two dollars ($2.00) of county funds provided for the payment of the salary and expenses of the particular veterans' service officer of the applying county.

(3) (A) Except as provided in subdivision (a)(3)(B) of this section, a county shall not receive financial assistance under the provisions of this act in excess of three thousand six hundred dollars ($3,600) in any fiscal year. (B) However, the financial assistance to counties under this section may be increased to a maximum of four thousand eight hundred dollars ($4,800) per year for those counties wherein the veteran population exceeds two thousand five hundred (2,500) veterans as reflected by the latest United States Department of Veterans Affairs report on veteran population.

(A) Except as provided in subdivision (a)(3)(B) of this section, a county shall not receive financial assistance under the provisions of this act in excess of three thousand six hundred dollars ($3,600) in any fiscal year.

(B) However, the financial assistance to counties under this section may be increased to a maximum of four thousand eight hundred dollars ($4,800) per year for those counties wherein the veteran population exceeds two thousand five hundred (2,500) veterans as reflected by the latest United States Department of Veterans Affairs report on veteran population.

(b) (1) In addition to the financial assistance provided under this act, the Department of Veterans Affairs may provide an additional incentive payment of five hundred dollars ($500) per quarter of the fiscal year to counties that ensure the county's veteran's service officers obtain or maintain accreditation by the United States Department of Veterans Affairs. (2) In addition to the financial assistance provided under this act, the Department of Veterans Affairs may provide an additional incentive payment of five hundred dollars ($500) per quarter of the fiscal year to counties that ensure the county's veteran's service officers obtain or maintain access to and proficiency in the United States Department of Veteran Affairs' Veterans Benefits Management System.

(1) In addition to the financial assistance provided under this act, the Department of Veterans Affairs may provide an additional incentive payment of five hundred dollars ($500) per quarter of the fiscal year to counties that ensure the county's veteran's service officers obtain or maintain accreditation by the United States Department of Veterans Affairs.

(2) In addition to the financial assistance provided under this act, the Department of Veterans Affairs may provide an additional incentive payment of five hundred dollars ($500) per quarter of the fiscal year to counties that ensure the county's veteran's service officers obtain or maintain access to and proficiency in the United States Department of Veteran Affairs' Veterans Benefits Management System.

(c) Assistance grants under this section may be made only to those counties employing a county veterans' service officer who meets the training and testing qualifications, scheduled number of work hours per month, and other qualifications prescribed by the Department of Veterans Affairs for county veterans' service officers.

(d) (1) The county veterans' service officers shall serve at the pleasure of the individual incumbent county judge in his or her respective county. (2) However, supervision, training, and testing of county veterans' service officers shall be the responsibility of the Department of Veterans Affairs.

(1) The county veterans' service officers shall serve at the pleasure of the individual incumbent county judge in his or her respective county.

(2) However, supervision, training, and testing of county veterans' service officers shall be the responsibility of the Department of Veterans Affairs.

Amended by Act 2021, No. 941,§ 1, eff. 7/28/2021.

Acts 1979, No. 324, § 11; A.S.A. 1947, § 11-1420; Acts 1989 (1st Ex. Sess.), No. 217, § 7.
Ark. Code Ann. § 20-47-405 — AR Code / Title 20 / Chapter 47 / Subchapter 4 / Section 20-47-405
Treatment for tuberculosis - Transfer
Status: in_force

(a) Any person who is committed to the Arkansas State Hospital for treatment of a mental disease and who has or who develops tuberculosis may be transferred to a private hospital for treatment of his or her tuberculosis in the discretion of the Director of the Arkansas State Hospital. (b) The person so transferred shall be returned to the Arkansas State Hospital when his or her tuberculosis has improved to the point where it is not dangerous to himself or herself or others. Acts 1971, No. 433, ch. 3, § 27; A.S.A. 1947, § 59-427; Acts 2005, No. 440, § 1.

(a) Any person who is committed to the Arkansas State Hospital for treatment of a mental disease and who has or who develops tuberculosis may be transferred to a private hospital for treatment of his or her tuberculosis in the discretion of the Director of the Arkansas State Hospital.

(b) The person so transferred shall be returned to the Arkansas State Hospital when his or her tuberculosis has improved to the point where it is not dangerous to himself or herself or others.

Acts 1971, No. 433, ch. 3, § 27; A.S.A. 1947, § 59-427; Acts 2005, No. 440, § 1.
Ark. Code Ann. § 20-48-703 — AR Code / Title 20 / Chapter 48 / Subchapter 7 / Section 20-48-703
Eligibility
Status: in_force

(a) (1) Eligibility for services and appropriate placement in the least restrictive environment for individuals with intellectual and developmental disabilities under any of the service models included in the state's Medicaid plan with the Centers for Medicare & Medicaid Services or for services covered from state general revenue dollars shall be made by the interdisciplinary team composed in keeping with federal and state laws pertaining to individuals with special needs. (2) Subdivision (a)(1) of this section does not negate or preclude the rights of individuals with intellectual and developmental disabilities under existing federal and state laws. (b) (1) Subject to approval by the Centers for Medicare & Medicaid Services, the Department of Human Services will accept an individualized family service plan or an individualized program plan developed in conformity with all applicable state and federal laws as prior authorization for Medicaid-covered therapies provided to persons with intellectual and developmental disabilities. (2) Prior authorization does not preclude post-payment reviews or other utilization control measures. (c) (1) For individuals with intellectual and developmental disabilities who, pursuant to the diagnosis, evaluation, and assessments conducted by the interdisciplinary team, in conformity with all applicable federal and state laws, are found to fall within the eligibility guidelines adopted pursuant to this subchapter, and where the individual's primary care physician, independent of the service provider, serves as the gatekeeper and prescribes early intervention day treatment or adult developmental day treatment services, or both, prior approval is not required for up to five (5) hours of daily services. (2) If the funding model for the early intervention day treatment and adult developmental day treatment services is changed in the state's Medicaid plan with the Centers for Medicare & Medicaid Services, the five (5) hours per day shall remain the minimum number of hours to afford those families who choose to keep their child or adult with an intellectual or other developmental disability in the community, thereby bearing a considerable responsibility for the care and expenses related to the treatment and care. Amended by Act 2019, No. 1035,§ 35, eff. 7/24/2019. Acts 2001, No. 1792, § 3.

(a) (1) Eligibility for services and appropriate placement in the least restrictive environment for individuals with intellectual and developmental disabilities under any of the service models included in the state's Medicaid plan with the Centers for Medicare & Medicaid Services or for services covered from state general revenue dollars shall be made by the interdisciplinary team composed in keeping with federal and state laws pertaining to individuals with special needs. (2) Subdivision (a)(1) of this section does not negate or preclude the rights of individuals with intellectual and developmental disabilities under existing federal and state laws.

(1) Eligibility for services and appropriate placement in the least restrictive environment for individuals with intellectual and developmental disabilities under any of the service models included in the state's Medicaid plan with the Centers for Medicare & Medicaid Services or for services covered from state general revenue dollars shall be made by the interdisciplinary team composed in keeping with federal and state laws pertaining to individuals with special needs.

(2) Subdivision (a)(1) of this section does not negate or preclude the rights of individuals with intellectual and developmental disabilities under existing federal and state laws.

(b) (1) Subject to approval by the Centers for Medicare & Medicaid Services, the Department of Human Services will accept an individualized family service plan or an individualized program plan developed in conformity with all applicable state and federal laws as prior authorization for Medicaid-covered therapies provided to persons with intellectual and developmental disabilities. (2) Prior authorization does not preclude post-payment reviews or other utilization control measures.

(1) Subject to approval by the Centers for Medicare & Medicaid Services, the Department of Human Services will accept an individualized family service plan or an individualized program plan developed in conformity with all applicable state and federal laws as prior authorization for Medicaid-covered therapies provided to persons with intellectual and developmental disabilities.

(2) Prior authorization does not preclude post-payment reviews or other utilization control measures.

(c) (1) For individuals with intellectual and developmental disabilities who, pursuant to the diagnosis, evaluation, and assessments conducted by the interdisciplinary team, in conformity with all applicable federal and state laws, are found to fall within the eligibility guidelines adopted pursuant to this subchapter, and where the individual's primary care physician, independent of the service provider, serves as the gatekeeper and prescribes early intervention day treatment or adult developmental day treatment services, or both, prior approval is not required for up to five (5) hours of daily services. (2) If the funding model for the early intervention day treatment and adult developmental day treatment services is changed in the state's Medicaid plan with the Centers for Medicare & Medicaid Services, the five (5) hours per day shall remain the minimum number of hours to afford those families who choose to keep their child or adult with an intellectual or other developmental disability in the community, thereby bearing a considerable responsibility for the care and expenses related to the treatment and care.

(1) For individuals with intellectual and developmental disabilities who, pursuant to the diagnosis, evaluation, and assessments conducted by the interdisciplinary team, in conformity with all applicable federal and state laws, are found to fall within the eligibility guidelines adopted pursuant to this subchapter, and where the individual's primary care physician, independent of the service provider, serves as the gatekeeper and prescribes early intervention day treatment or adult developmental day treatment services, or both, prior approval is not required for up to five (5) hours of daily services.

(2) If the funding model for the early intervention day treatment and adult developmental day treatment services is changed in the state's Medicaid plan with the Centers for Medicare & Medicaid Services, the five (5) hours per day shall remain the minimum number of hours to afford those families who choose to keep their child or adult with an intellectual or other developmental disability in the community, thereby bearing a considerable responsibility for the care and expenses related to the treatment and care.

Amended by Act 2019, No. 1035,§ 35, eff. 7/24/2019.

Acts 2001, No. 1792, § 3.
Ark. Code Ann. § 20-47-811 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-811
Immunity from liability
Status: in_force

A person acting in good faith in connection with the detention of an individual with a behavioral health impairment under the crisis intervention protocol as set out in this subchapter is immune from civil or criminal liability for those acts. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

A person acting in good faith in connection with the detention of an individual with a behavioral health impairment under the crisis intervention protocol as set out in this subchapter is immune from civil or criminal liability for those acts.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-14-506 — AR Code / Title 20 / Chapter 14 / Subchapter 5 / Section 20-14-506
Procedural safeguards
Status: in_force

The procedural safeguards shall be the same as required under Pub. L. No. 94-142 and Pub. L. No. 99-457 and shall provide the following at a minimum: (1) (A) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding a complaint shall have the right to bring a civil action with respect to the complaint which may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. (B) In any action brought under this subdivision (1), the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and shall grant relief as the court determines is appropriate, basing its decision on the preponderance of the evidence; (2) The right to confidentiality of personally identifiable information which shall be protected through procedures such as appropriate access lists, sign-offs, and procedures for handling records; (3) The opportunity for parents or guardians to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan; (4) Procedures to protect the rights of the infants and toddlers with disabilities whenever the parents or guardian of the child is not known or is unavailable or whenever the child is a ward of the state. The procedures shall include the assignment of an individual who shall not be an employee of the state agency providing services to act as a surrogate for the parents or guardian; (5) Written prior notice to the parents or guardian of the infant or toddler with a disability whenever the state agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, placement, or provision of appropriate early intervention services to the infant or toddler with a disability; (6) Procedures designed to assure that the notice required by subdivision (5) of this section fully informs the parents or guardian in the parents' or guardian's native language unless it clearly is not feasible to do so, of all procedures available pursuant to this section; and (7) During the pendency of any proceeding or action involving a complaint, unless the state agency and the parents or guardian otherwise agree, the child shall continue to receive the appropriate early intervention services currently being provided, or if applying for initial services, shall receive the services not in dispute. Acts 1987, No. 658, § 6; 1997, No. 208, § 17.

The procedural safeguards shall be the same as required under Pub. L. No. 94-142 and Pub. L. No. 99-457 and shall provide the following at a minimum:

(1) (A) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding a complaint shall have the right to bring a civil action with respect to the complaint which may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. (B) In any action brought under this subdivision (1), the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and shall grant relief as the court determines is appropriate, basing its decision on the preponderance of the evidence;

(A) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding a complaint shall have the right to bring a civil action with respect to the complaint which may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.

(B) In any action brought under this subdivision (1), the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and shall grant relief as the court determines is appropriate, basing its decision on the preponderance of the evidence;

(2) The right to confidentiality of personally identifiable information which shall be protected through procedures such as appropriate access lists, sign-offs, and procedures for handling records;

(3) The opportunity for parents or guardians to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan;

(4) Procedures to protect the rights of the infants and toddlers with disabilities whenever the parents or guardian of the child is not known or is unavailable or whenever the child is a ward of the state. The procedures shall include the assignment of an individual who shall not be an employee of the state agency providing services to act as a surrogate for the parents or guardian;

(5) Written prior notice to the parents or guardian of the infant or toddler with a disability whenever the state agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, placement, or provision of appropriate early intervention services to the infant or toddler with a disability;

(6) Procedures designed to assure that the notice required by subdivision (5) of this section fully informs the parents or guardian in the parents' or guardian's native language unless it clearly is not feasible to do so, of all procedures available pursuant to this section; and

(7) During the pendency of any proceeding or action involving a complaint, unless the state agency and the parents or guardian otherwise agree, the child shall continue to receive the appropriate early intervention services currently being provided, or if applying for initial services, shall receive the services not in dispute.

Acts 1987, No. 658, § 6; 1997, No. 208, § 17.
Ark. Code Ann. § 20-59-217 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-217
Unlawful acts - Improper scales
Status: in_force

It shall be unlawful to use other than torsion balance scales or such scales as may be approved by AOAC International or the American Dairy Science Association when weighing cream for testing, when the tests are to be used as a basis for making payment for the cream. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to use other than torsion balance scales or such scales as may be approved by AOAC International or the American Dairy Science Association when weighing cream for testing, when the tests are to be used as a basis for making payment for the cream.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-9-903 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-903
Certificate required
Status: in_force

A private review agent who approves or denies payment or who recommends approval or denial of payment for hospital or medical services or whose review results in approval or denial of payment for hospital or medical services on a case-by-case basis may not conduct utilization review in this state unless the State Board of Health has granted the private review agent a certificate. Acts 1989, No. 537, § 3.

A private review agent who approves or denies payment or who recommends approval or denial of payment for hospital or medical services or whose review results in approval or denial of payment for hospital or medical services on a case-by-case basis may not conduct utilization review in this state unless the State Board of Health has granted the private review agent a certificate.

Acts 1989, No. 537, § 3.
Ark. Code Ann. § 20-20-303 — AR Code / Title 20 / Chapter 20 / Subchapter 3 / Section 20-20-303
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 5448, eff. 7/1/2019. Repealed by Act 2019, No. 910,§ 5017, eff. 7/1/2019. Acts 1993, No. 983, § 2.

Amended by Act 2019, No. 910,§ 5448, eff. 7/1/2019.

Repealed by Act 2019, No. 910,§ 5017, eff. 7/1/2019.

Acts 1993, No. 983, § 2.
Ark. Code Ann. § 20-10-231 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-231
Annual disclosure statement - Violations
Status: in_force

The failure to provide to any resident a copy of the disclosure statement upon request or to a prospective resident upon request or the failure of any facility to disclose the required information in a timely manner or the failure to file the disclosure statement as required shall be grounds for a Class C violation, pursuant to § 20-10-205 . Acts 1989, No. 664, § 1.

The failure to provide to any resident a copy of the disclosure statement upon request or to a prospective resident upon request or the failure of any facility to disclose the required information in a timely manner or the failure to file the disclosure statement as required shall be grounds for a Class C violation, pursuant to § 20-10-205 .

Acts 1989, No. 664, § 1.
Ark. Code Ann. § 20-48-1106 — AR Code / Title 20 / Chapter 48 / Subchapter 11 / Section 20-48-1106
Notice of underserved area
Status: in_force

(a) The Division of Developmental Disabilities Services of the Department of Human Services shall provide written notice by certified mail of its designation under § 20-48-1104 to all child health management services programs, developmental day treatment clinic services programs for children, and successor programs with existing operations in the county designated by the division as underserved. (b) If all child health management services programs, developmental day treatment clinic services programs for children, and successor programs with existing operations in the county designated by the division as underserved determine not to expand early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or successor program services in the underserved county, the division shall provide written notice by certified mail of its designation under § 20-48-1104 to all providers of child health management services, developmental day treatment clinic services for children, and any successor program services in the remainder of the state. (c) If all child health management services programs, developmental day treatment clinic services programs for children, and successor programs in the remainder of the state determine not to expand early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or successor program services in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation. Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.

(a) The Division of Developmental Disabilities Services of the Department of Human Services shall provide written notice by certified mail of its designation under § 20-48-1104 to all child health management services programs, developmental day treatment clinic services programs for children, and successor programs with existing operations in the county designated by the division as underserved.

(b) If all child health management services programs, developmental day treatment clinic services programs for children, and successor programs with existing operations in the county designated by the division as underserved determine not to expand early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or successor program services in the underserved county, the division shall provide written notice by certified mail of its designation under § 20-48-1104 to all providers of child health management services, developmental day treatment clinic services for children, and any successor program services in the remainder of the state.

(c) If all child health management services programs, developmental day treatment clinic services programs for children, and successor programs in the remainder of the state determine not to expand early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or successor program services in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.

Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-27-2101 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Cigarette Fire Safety Standard Act". Acts 2009, No. 697, § 2.

This subchapter shall be known and may be cited as the "Arkansas Cigarette Fire Safety Standard Act".

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-18-403 — AR Code / Title 20 / Chapter 18 / Subchapter 4 / Section 20-18-403
Judicial procedure to register birth
Status: in_force

(a) If the State Registrar of Vital Records refuses to file a certificate of birth under § 20-18-401 or § 20-18-402 , a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered. (b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege: (1) That the person for whom a delayed certificate of birth is sought was born in this state; (2) That no certificate of birth of the person can be found in the Division of Vital Records; (3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 20-18-401 or § 20-18-402 and rules adopted pursuant to § 20-18-401 or § 20-18-402 ; (4) That the state registrar has refused to file a certificate of birth; and (5) Such other allegations as may be required. (c) The petition shall be accompanied by a statement of the state registrar made in accordance with § 20-18-401 or § 20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration. (d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding. (e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approved by the state registrar to establish a court-ordered certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action. (f) The clerk of court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the court-ordered certificate of birth. Amended by Act 2019, No. 315,§ 1969, eff. 7/24/2019. Acts 1981, No. 120, § 10; A.S.A. 1947, § 82-510; Acts 1995, No. 1254, § 18.

(a) If the State Registrar of Vital Records refuses to file a certificate of birth under § 20-18-401 or § 20-18-402 , a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.

(b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege: (1) That the person for whom a delayed certificate of birth is sought was born in this state; (2) That no certificate of birth of the person can be found in the Division of Vital Records; (3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 20-18-401 or § 20-18-402 and rules adopted pursuant to § 20-18-401 or § 20-18-402 ; (4) That the state registrar has refused to file a certificate of birth; and (5) Such other allegations as may be required.

(1) That the person for whom a delayed certificate of birth is sought was born in this state;

(2) That no certificate of birth of the person can be found in the Division of Vital Records;

(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 20-18-401 or § 20-18-402 and rules adopted pursuant to § 20-18-401 or § 20-18-402 ;

(4) That the state registrar has refused to file a certificate of birth; and

(5) Such other allegations as may be required.

(c) The petition shall be accompanied by a statement of the state registrar made in accordance with § 20-18-401 or § 20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration.

(d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding.

(e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approved by the state registrar to establish a court-ordered certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action.

(f) The clerk of court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the court-ordered certificate of birth.

Amended by Act 2019, No. 315,§ 1969, eff. 7/24/2019.

Acts 1981, No. 120, § 10; A.S.A. 1947, § 82-510; Acts 1995, No. 1254, § 18.
Ark. Code Ann. § 20-77-703 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-703
Creation of Special Needs Trust Revolving Fund
Status: in_force

(a) There is created in the State Treasury a revolving fund to be designated the "Special Needs Trust Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of: (1) All moneys received from those individuals who desire to establish or maintain eligibility for benefits under the medical assistance program but who possess income or resources, including funds recovered from third parties, in excess of the established federal eligibility requirements, and the consideration for divestiture of income and resources shall be presumed to be for adequate and fair compensation; and (2) All moneys received by the cotrustees of the Special Needs Trust Revolving Fund from any other source, including moneys received from any state, federal, or private source. (b) All interest earned as a result of investing moneys in the fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by cotrustees for the purpose of implementing the provisions of this subchapter. If the cotrustees do not agree about the payment of any benefit or benefits, the determination of the Department of Human Services shall be binding. Acts 1993, No. 1228, § 1.

(a) There is created in the State Treasury a revolving fund to be designated the "Special Needs Trust Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of: (1) All moneys received from those individuals who desire to establish or maintain eligibility for benefits under the medical assistance program but who possess income or resources, including funds recovered from third parties, in excess of the established federal eligibility requirements, and the consideration for divestiture of income and resources shall be presumed to be for adequate and fair compensation; and (2) All moneys received by the cotrustees of the Special Needs Trust Revolving Fund from any other source, including moneys received from any state, federal, or private source.

(1) All moneys received from those individuals who desire to establish or maintain eligibility for benefits under the medical assistance program but who possess income or resources, including funds recovered from third parties, in excess of the established federal eligibility requirements, and the consideration for divestiture of income and resources shall be presumed to be for adequate and fair compensation; and

(2) All moneys received by the cotrustees of the Special Needs Trust Revolving Fund from any other source, including moneys received from any state, federal, or private source.

(b) All interest earned as a result of investing moneys in the fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by cotrustees for the purpose of implementing the provisions of this subchapter. If the cotrustees do not agree about the payment of any benefit or benefits, the determination of the Department of Human Services shall be binding.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-12-501 — AR Code / Title 20 / Chapter 12 / Subchapter 5 / Section 20-12-501
Purpose - Grant established
Status: in_force

(a) It is the purpose and intent of this subchapter to establish a program of financial assistance to encourage physicians to locate in and remain in the practice of primary care medicine in communities of the state that have a population of not more than fifteen thousand (15,000) persons. It is the intent of the General Assembly that physicians who locate for a minimum of four (4) years in and carry on a full-time practice of family medicine in a priority medically underserved area as defined by the Division of Health Facilities Services after July 1, 1999, shall be entitled to receive grants totalling fifty-five thousand dollars ($55,000) to be paid out over four (4) years. The first payment of twenty-five thousand dollars ($25,000) shall be made when a practice is established by the physician in the community and patients are being seen in the office. The second, third, and fourth payments of ten thousand dollars ($10,000) each shall be made after completion of each continuous year of service. (b) It is further the intent of this subchapter that individuals who were assisted by the Arkansas Rural Medical Practice Student Loan and Scholarship Program or the Community Match Rural Physician Recruitment Program are also eligible for benefits under this program. Acts 1991, No. 360, § 1; 1993, No. 763, § 1; 1995, No. 1089, § 1; 1999, No. 589, § 1.

(a) It is the purpose and intent of this subchapter to establish a program of financial assistance to encourage physicians to locate in and remain in the practice of primary care medicine in communities of the state that have a population of not more than fifteen thousand (15,000) persons. It is the intent of the General Assembly that physicians who locate for a minimum of four (4) years in and carry on a full-time practice of family medicine in a priority medically underserved area as defined by the Division of Health Facilities Services after July 1, 1999, shall be entitled to receive grants totalling fifty-five thousand dollars ($55,000) to be paid out over four (4) years. The first payment of twenty-five thousand dollars ($25,000) shall be made when a practice is established by the physician in the community and patients are being seen in the office. The second, third, and fourth payments of ten thousand dollars ($10,000) each shall be made after completion of each continuous year of service.

(b) It is further the intent of this subchapter that individuals who were assisted by the Arkansas Rural Medical Practice Student Loan and Scholarship Program or the Community Match Rural Physician Recruitment Program are also eligible for benefits under this program.

Acts 1991, No. 360, § 1; 1993, No. 763, § 1; 1995, No. 1089, § 1; 1999, No. 589, § 1.
Ark. Code Ann. § 20-78-505 — AR Code / Title 20 / Chapter 78 / Subchapter 5 / Section 20-78-505
Loan guarantees - Annual report
Status: in_force

(a) The Division of Child Care and Early Childhood Education is authorized to develop and implement, with the technical assistance of the Arkansas Early Childhood Commission, necessary rules to receive, review, and approve applications for loan deficiency guarantee assistance for expansion or development of childcare facilities in this state. (b) The maximum loan guarantee amount approved by the division shall be modified as necessary to ensure adequate childcare financing availability. (c) In guaranteeing loans under this subchapter, consideration shall be given to: (1) Geographic distribution; (2) Community need; (3) Community income, with priority given to those communities with the lowest median family income; (4) Proof of viable administrative and financial management; and (5) Intended licensure of the facility. (d) The division shall report each October to the Legislative Council on the status of the Arkansas Child Care Facilities Loan Guarantee Trust Fund. Amended by Act 2019, No. 315,§ 2297, eff. 7/24/2019. Acts 1989, No. 202, § 1; 1997, No. 540, § 44; 1997, No. 1132, § 28.

(a) The Division of Child Care and Early Childhood Education is authorized to develop and implement, with the technical assistance of the Arkansas Early Childhood Commission, necessary rules to receive, review, and approve applications for loan deficiency guarantee assistance for expansion or development of childcare facilities in this state.

(b) The maximum loan guarantee amount approved by the division shall be modified as necessary to ensure adequate childcare financing availability.

(c) In guaranteeing loans under this subchapter, consideration shall be given to: (1) Geographic distribution; (2) Community need; (3) Community income, with priority given to those communities with the lowest median family income; (4) Proof of viable administrative and financial management; and (5) Intended licensure of the facility.

(1) Geographic distribution;

(2) Community need;

(3) Community income, with priority given to those communities with the lowest median family income;

(4) Proof of viable administrative and financial management; and

(5) Intended licensure of the facility.

(d) The division shall report each October to the Legislative Council on the status of the Arkansas Child Care Facilities Loan Guarantee Trust Fund.

Amended by Act 2019, No. 315,§ 2297, eff. 7/24/2019.

Acts 1989, No. 202, § 1; 1997, No. 540, § 44; 1997, No. 1132, § 28.
Ark. Code Ann. § 20-13-306 — AR Code / Title 20 / Chapter 13 / Subchapter 3 / Section 20-13-306
Service charges for preexisting programs
Status: in_force

(a) In any county in which a system of emergency medical services has been established before July 20, 1979, the quorum court of the county may levy service charges on residents of the county or designated area of the county in which services are provided to finance or assist in financing the services. (b) The ordinance levying service charges to finance emergency medical services programs established before July 20, 1979, shall be subject to the same notice and hearing requirements and shall be subject to referendum in the same manner as is provided in this subchapter for the ordinance establishing a system of emergency medical services. Acts 1979, No. 51, § 6; A.S.A. 1947, § 82-3415.

(a) In any county in which a system of emergency medical services has been established before July 20, 1979, the quorum court of the county may levy service charges on residents of the county or designated area of the county in which services are provided to finance or assist in financing the services.

(b) The ordinance levying service charges to finance emergency medical services programs established before July 20, 1979, shall be subject to the same notice and hearing requirements and shall be subject to referendum in the same manner as is provided in this subchapter for the ordinance establishing a system of emergency medical services.

Acts 1979, No. 51, § 6; A.S.A. 1947, § 82-3415.
Ark. Code Ann. § 20-17-207 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-207
Transfer of patients - Compliance by healthcare provider or healthcare institution
Status: in_force

(a) A declaration under this subchapter is a written advance directive under the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (b) The provisions of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq., concerning compliance by a healthcare provider or healthcare institution apply to: (1) Determine whether an attending physician or other healthcare provider may decline to comply with a declaration executed under this subchapter; and (2) Any duty to transfer a patient when the attending physician or other healthcare provider declines to comply with a declaration executed under this subchapter. Amended by Act 2017, No. 974,§ 6, eff. 8/1/2017. Acts 1987, No. 713, § 7.

(a) A declaration under this subchapter is a written advance directive under the Arkansas Healthcare Decisions Act, § 20-6-101 et seq.

(b) The provisions of the Arkansas Healthcare Decisions Act, § 20-6-101 et seq., concerning compliance by a healthcare provider or healthcare institution apply to: (1) Determine whether an attending physician or other healthcare provider may decline to comply with a declaration executed under this subchapter; and (2) Any duty to transfer a patient when the attending physician or other healthcare provider declines to comply with a declaration executed under this subchapter.

(1) Determine whether an attending physician or other healthcare provider may decline to comply with a declaration executed under this subchapter; and

(2) Any duty to transfer a patient when the attending physician or other healthcare provider declines to comply with a declaration executed under this subchapter.

Amended by Act 2017, No. 974,§ 6, eff. 8/1/2017.

Acts 1987, No. 713, § 7.
Ark. Code Ann. § 20-9-910 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-910
Expiration of certificate - Renewal
Status: in_force

(a) A certificate expires on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this section. (b) Before the certificate expires, a certificate may be renewed for an additional two-year term if the applicant: (1) Otherwise is entitled to the certificate; (2) Pays the State Board of Health the renewal fee set by the board by rule; and (3) Submits to the board: (A) A renewal application on the form that the board requires; and (B) Satisfactory evidence of compliance with any requirement of this subchapter for certificate renewal. Amended by Act 2019, No. 315,§ 1854, eff. 7/24/2019. Acts 1989, No. 537, § 7.

(a) A certificate expires on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this section.

(b) Before the certificate expires, a certificate may be renewed for an additional two-year term if the applicant: (1) Otherwise is entitled to the certificate; (2) Pays the State Board of Health the renewal fee set by the board by rule; and (3) Submits to the board: (A) A renewal application on the form that the board requires; and (B) Satisfactory evidence of compliance with any requirement of this subchapter for certificate renewal.

(1) Otherwise is entitled to the certificate;

(2) Pays the State Board of Health the renewal fee set by the board by rule; and

(3) Submits to the board: (A) A renewal application on the form that the board requires; and (B) Satisfactory evidence of compliance with any requirement of this subchapter for certificate renewal.

(A) A renewal application on the form that the board requires; and

(B) Satisfactory evidence of compliance with any requirement of this subchapter for certificate renewal.

Amended by Act 2019, No. 315,§ 1854, eff. 7/24/2019.

Acts 1989, No. 537, § 7.
Ark. Code Ann. § 20-15-1901 — AR Code / Title 20 / Chapter 15 / Subchapter 19 / Section 20-15-1901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Colorectal Cancer Screening Initiative Act". Amended by Act 2019, No. 655,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017. Acts 2009, No. 1374, § 1.

This subchapter shall be known and may be cited as the "Arkansas Colorectal Cancer Screening Initiative Act".

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

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

Acts 2009, No. 1374, § 1.
Ark. Code Ann. § 20-78-304 — AR Code / Title 20 / Chapter 78 / Subchapter 3 / Section 20-78-304
Attorney General approval
Status: in_force

Every agreement made hereunder shall, before and as a condition precedent to its entry into force, may at the discretion of the Division of Children and Family Services of the Department of Human Services, be submitted to the Attorney General, who shall determine whether the agreement is in proper form and compatible with the laws of this state. The Attorney General shall approve any agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the division and the governing bodies concerned with the agreement the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within twenty (20) days of its submission shall constitute approval thereof. Acts 1997, No. 939, § 4.

Every agreement made hereunder shall, before and as a condition precedent to its entry into force, may at the discretion of the Division of Children and Family Services of the Department of Human Services, be submitted to the Attorney General, who shall determine whether the agreement is in proper form and compatible with the laws of this state. The Attorney General shall approve any agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the division and the governing bodies concerned with the agreement the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within twenty (20) days of its submission shall constitute approval thereof.

Acts 1997, No. 939, § 4.
Ark. Code Ann. § 20-59-225 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-225
Unlawful acts - Preservatives
Status: in_force

It shall be unlawful to sell or offer or expose for sale anywhere in this state, milk, cream, or other dairy products containing any preservatives of any kind whatsoever except common salt or sugar for flavoring purposes only or that shall not comply with the standards provided in this subchapter. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to sell or offer or expose for sale anywhere in this state, milk, cream, or other dairy products containing any preservatives of any kind whatsoever except common salt or sugar for flavoring purposes only or that shall not comply with the standards provided in this subchapter.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-23-203 — AR Code / Title 20 / Chapter 23 / Subchapter 2 / Section 20-23-203
Chief inspector's duty to inspect and enforce
Status: in_force

(a) The Chief Inspector of the Boiler Inspection Division, either personally or by a deputy inspector, shall carefully: (1) (A) Unless the chief inspector grants an extension of time for good cause, inspect internally and externally one (1) time annually every high pressure steam boiler and steam generating apparatus. (B) An extension of time under subdivision (a)(1)(A) of this section: (i) Shall not exceed six (6) months; and (ii) Shall cause the time period for the next annual inspection to begin on the day following the date of the inspection that was extended; (2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler to the extent permitted by the design and construction of the boiler; (3) Inspect one (1) time biennially every unfired pressure vessel located in this state that is not excepted from the inspections by this chapter; and (4) Give the owner or operator of the boiler notice of the time when an internal inspection will be made. (b) The chief inspector shall have free access at all reasonable times for himself or herself and his or her deputies to any premises in this state where a boiler or pressure piping is being built or where a boiler or pressure piping or power plant apparatus is being installed or operated, for the purpose of ascertaining whether the boiler or piping or apparatus is built, installed, and fitted with the necessary appliances and operated in accordance with this chapter and the rules adopted pursuant to this chapter. (c) (1) The chief inspector shall enforce the laws of the state governing the use of boilers and unfired pressure vessels. He or she shall examine into and report to the Director of the Division of Labor the causes of boiler explosions which occur within the state. (2) He or she shall keep in his or her office a complete and accurate record of the names of all owners or operators of boilers inspected by the Boiler Inspection Division, together with the location, make, type, dimensions, age, condition, pressure allowed upon, and date of the last inspection of all boilers and shall make an annual report thereon to the director. (d) (1) Subject to the requirements of this subsection and the time restriction under subdivision (a)(1)(B)(i) of this section, the chief inspector may, for good cause, extend the date of a boiler inspection upon receipt of the applicable boiler inspection fee. (2) At the time of the inspection under an extension granted under this section: (A) An additional fee equal to the amount of the applicable boiler inspection fee shall be paid to the chief inspector; and (B) The time period for the next inspection shall commence. Amended by Act 2023, No. 694,§ 1, eff. 4/11/2023. Amended by Act 2019, No. 315,§ 2050, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5455, eff. 7/1/2019. Amended by Act 2015, No. 95,§ 1, eff. 7/22/2015. Acts 1961, No. 494, § 3; 1970 (Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, § 81-503; Acts 1993, No. 477, § 3; 1999, No. 982, § 7; 2005, No. 1012, § 3.

(a) The Chief Inspector of the Boiler Inspection Division, either personally or by a deputy inspector, shall carefully: (1) (A) Unless the chief inspector grants an extension of time for good cause, inspect internally and externally one (1) time annually every high pressure steam boiler and steam generating apparatus. (B) An extension of time under subdivision (a)(1)(A) of this section: (i) Shall not exceed six (6) months; and (ii) Shall cause the time period for the next annual inspection to begin on the day following the date of the inspection that was extended; (2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler to the extent permitted by the design and construction of the boiler; (3) Inspect one (1) time biennially every unfired pressure vessel located in this state that is not excepted from the inspections by this chapter; and (4) Give the owner or operator of the boiler notice of the time when an internal inspection will be made.

(1) (A) Unless the chief inspector grants an extension of time for good cause, inspect internally and externally one (1) time annually every high pressure steam boiler and steam generating apparatus. (B) An extension of time under subdivision (a)(1)(A) of this section: (i) Shall not exceed six (6) months; and (ii) Shall cause the time period for the next annual inspection to begin on the day following the date of the inspection that was extended;

(A) Unless the chief inspector grants an extension of time for good cause, inspect internally and externally one (1) time annually every high pressure steam boiler and steam generating apparatus.

(B) An extension of time under subdivision (a)(1)(A) of this section: (i) Shall not exceed six (6) months; and (ii) Shall cause the time period for the next annual inspection to begin on the day following the date of the inspection that was extended;

(i) Shall not exceed six (6) months; and

(ii) Shall cause the time period for the next annual inspection to begin on the day following the date of the inspection that was extended;

(2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler to the extent permitted by the design and construction of the boiler;

(3) Inspect one (1) time biennially every unfired pressure vessel located in this state that is not excepted from the inspections by this chapter; and

(4) Give the owner or operator of the boiler notice of the time when an internal inspection will be made.

(b) The chief inspector shall have free access at all reasonable times for himself or herself and his or her deputies to any premises in this state where a boiler or pressure piping is being built or where a boiler or pressure piping or power plant apparatus is being installed or operated, for the purpose of ascertaining whether the boiler or piping or apparatus is built, installed, and fitted with the necessary appliances and operated in accordance with this chapter and the rules adopted pursuant to this chapter.

(c) (1) The chief inspector shall enforce the laws of the state governing the use of boilers and unfired pressure vessels. He or she shall examine into and report to the Director of the Division of Labor the causes of boiler explosions which occur within the state. (2) He or she shall keep in his or her office a complete and accurate record of the names of all owners or operators of boilers inspected by the Boiler Inspection Division, together with the location, make, type, dimensions, age, condition, pressure allowed upon, and date of the last inspection of all boilers and shall make an annual report thereon to the director.

(1) The chief inspector shall enforce the laws of the state governing the use of boilers and unfired pressure vessels. He or she shall examine into and report to the Director of the Division of Labor the causes of boiler explosions which occur within the state.

(2) He or she shall keep in his or her office a complete and accurate record of the names of all owners or operators of boilers inspected by the Boiler Inspection Division, together with the location, make, type, dimensions, age, condition, pressure allowed upon, and date of the last inspection of all boilers and shall make an annual report thereon to the director.

(d) (1) Subject to the requirements of this subsection and the time restriction under subdivision (a)(1)(B)(i) of this section, the chief inspector may, for good cause, extend the date of a boiler inspection upon receipt of the applicable boiler inspection fee. (2) At the time of the inspection under an extension granted under this section: (A) An additional fee equal to the amount of the applicable boiler inspection fee shall be paid to the chief inspector; and (B) The time period for the next inspection shall commence.

(1) Subject to the requirements of this subsection and the time restriction under subdivision (a)(1)(B)(i) of this section, the chief inspector may, for good cause, extend the date of a boiler inspection upon receipt of the applicable boiler inspection fee.

(2) At the time of the inspection under an extension granted under this section: (A) An additional fee equal to the amount of the applicable boiler inspection fee shall be paid to the chief inspector; and (B) The time period for the next inspection shall commence.

(A) An additional fee equal to the amount of the applicable boiler inspection fee shall be paid to the chief inspector; and

(B) The time period for the next inspection shall commence.

Amended by Act 2023, No. 694,§ 1, eff. 4/11/2023.

Amended by Act 2019, No. 315,§ 2050, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5455, eff. 7/1/2019.

Amended by Act 2015, No. 95,§ 1, eff. 7/22/2015.

Acts 1961, No. 494, § 3; 1970 (Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, § 81-503; Acts 1993, No. 477, § 3; 1999, No. 982, § 7; 2005, No. 1012, § 3.
Ark. Code Ann. § 20-77-145 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-145
Vagus nerve stimulation therapy system device reimbursement rates
Status: in_force

(a) The Department of Human Services shall establish separate vagus nerve stimulation therapy system device reimbursement rates for all acute care hospitals that are Medicaid providers. (b) The vagus nerve stimulation therapy system device reimbursement rates for implantation of a vagus nerve stimulation therapy system device shall be: (1) Equal to one hundred percent (100%) of the Medicare average comprehensive payment rate for vagus nerve stimulation therapy, device, and procedure; and (2) In addition to the surgery fees already listed in the Arkansas Medicaid Program. Added by Act 2021, No. 830,§ 1, eff. 7/28/2021.

(a) The Department of Human Services shall establish separate vagus nerve stimulation therapy system device reimbursement rates for all acute care hospitals that are Medicaid providers.

(b) The vagus nerve stimulation therapy system device reimbursement rates for implantation of a vagus nerve stimulation therapy system device shall be: (1) Equal to one hundred percent (100%) of the Medicare average comprehensive payment rate for vagus nerve stimulation therapy, device, and procedure; and (2) In addition to the surgery fees already listed in the Arkansas Medicaid Program.

(1) Equal to one hundred percent (100%) of the Medicare average comprehensive payment rate for vagus nerve stimulation therapy, device, and procedure; and

(2) In addition to the surgery fees already listed in the Arkansas Medicaid Program.

Added by Act 2021, No. 830,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-19-601 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-601
Definitions
Status: in_force

As used in this subchapter: (1) "Interested person" means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity that a court determines may have a pecuniary interest in a primate that is the subject of the petition under § 20-19-607 ; (2) "Law enforcement officer" means a public servant vested by law with a duty to maintain public order or to make an arrest for an offense, including without limitation: (A) An animal control officer; and (B) An Arkansas State Game and Fish Commission game warden; (3) "Person" means an individual, a partnership, a corporation, an organization, or another legal entity or an officer, a member, a shareholder, a director, an employee, an agent, or a representative of a partnership, a corporation, an organization, or another legal entity; (4) "Primate" means a live individual animal of the taxonomic order Primates, excluding humans; (5) (A) "Temporary holding facility" means an incorporated nonprofit animal protection organization, such as a registered humane society and shelter, that temporarily houses a primate at the written request of a law enforcement officer. (B) "Temporary holding facility" includes a person that is a registered primate owner that is temporarily caring for a primate; and (6) "Wildlife sanctuary" means a nonprofit entity that: (A) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care; (B) Does not conduct a commercial activity with respect to primates, including without limitation: (i) Sale, trade, auction, lease, or loan of primates or parts of primates; or (ii) Use of primates in a for-profit business or operation; (C) Does not use primates for entertainment purposes or in a traveling exhibit; (D) Does not breed primates; and (E) Does not allow members of the public to be in proximity to primates without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a primate of any age. Amended by Act 2023, No. 852,§ 7, eff. 8/1/2023. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Interested person" means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity that a court determines may have a pecuniary interest in a primate that is the subject of the petition under § 20-19-607 ;

(2) "Law enforcement officer" means a public servant vested by law with a duty to maintain public order or to make an arrest for an offense, including without limitation: (A) An animal control officer; and (B) An Arkansas State Game and Fish Commission game warden;

(A) An animal control officer; and

(B) An Arkansas State Game and Fish Commission game warden;

(3) "Person" means an individual, a partnership, a corporation, an organization, or another legal entity or an officer, a member, a shareholder, a director, an employee, an agent, or a representative of a partnership, a corporation, an organization, or another legal entity;

(4) "Primate" means a live individual animal of the taxonomic order Primates, excluding humans;

(5) (A) "Temporary holding facility" means an incorporated nonprofit animal protection organization, such as a registered humane society and shelter, that temporarily houses a primate at the written request of a law enforcement officer. (B) "Temporary holding facility" includes a person that is a registered primate owner that is temporarily caring for a primate; and

(A) "Temporary holding facility" means an incorporated nonprofit animal protection organization, such as a registered humane society and shelter, that temporarily houses a primate at the written request of a law enforcement officer.

(B) "Temporary holding facility" includes a person that is a registered primate owner that is temporarily caring for a primate; and

(6) "Wildlife sanctuary" means a nonprofit entity that: (A) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care; (B) Does not conduct a commercial activity with respect to primates, including without limitation: (i) Sale, trade, auction, lease, or loan of primates or parts of primates; or (ii) Use of primates in a for-profit business or operation; (C) Does not use primates for entertainment purposes or in a traveling exhibit; (D) Does not breed primates; and (E) Does not allow members of the public to be in proximity to primates without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a primate of any age.

(A) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care;

(B) Does not conduct a commercial activity with respect to primates, including without limitation: (i) Sale, trade, auction, lease, or loan of primates or parts of primates; or (ii) Use of primates in a for-profit business or operation;

(i) Sale, trade, auction, lease, or loan of primates or parts of primates; or

(ii) Use of primates in a for-profit business or operation;

(C) Does not use primates for entertainment purposes or in a traveling exhibit;

(D) Does not breed primates; and

(E) Does not allow members of the public to be in proximity to primates without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a primate of any age.

Amended by Act 2023, No. 852,§ 7, eff. 8/1/2023.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-10-902 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-902
Purpose
Status: in_force

It is the purpose of this subchapter to develop a mechanism whereby the concept of receivership can be utilized for the protection of residents in long-term care facilities. It is the intent of the General Assembly that receivership shall be a remedy of last resort when all other methods of remedy have failed or when the implementation of other remedies would be futile. It is not the intent of this subchapter to circumvent the Health Services Permit Program of the Health Services Permit Commission. No court or administrative agency shall interpret the contents of this subchapter to allow the transfer of beds or the license of a facility under receivership without approval of the commission as required by § 20-8-101 et seq. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1; 2001, No. 1800, § 17.

It is the purpose of this subchapter to develop a mechanism whereby the concept of receivership can be utilized for the protection of residents in long-term care facilities. It is the intent of the General Assembly that receivership shall be a remedy of last resort when all other methods of remedy have failed or when the implementation of other remedies would be futile. It is not the intent of this subchapter to circumvent the Health Services Permit Program of the Health Services Permit Commission. No court or administrative agency shall interpret the contents of this subchapter to allow the transfer of beds or the license of a facility under receivership without approval of the commission as required by § 20-8-101 et seq.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1; 2001, No. 1800, § 17.
Ark. Code Ann. § 20-64-315 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-315
Depressant and stimulant drugs - Exemptions from sections 20-64-309 - 20-64-315
Status: in_force

Depressant or stimulant drugs exempted under section 511(f) of the Federal Food, Drug, and Cosmetic Act and such other drugs as the State Board of Health shall specify are exempted from the application of §§ 20-64-309 - 20-64-315 . Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.

Depressant or stimulant drugs exempted under section 511(f) of the Federal Food, Drug, and Cosmetic Act and such other drugs as the State Board of Health shall specify are exempted from the application of §§ 20-64-309 - 20-64-315 .

Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Ark. Code Ann. § 20-27-1507 — AR Code / Title 20 / Chapter 27 / Subchapter 15 / Section 20-27-1507
[Repealed]
Status: repealed

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5038, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5037, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5036, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5035, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2292, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2291, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2290, eff. 7/1/2019. Amended by Act 2017, No. 565,§ 28, eff. 3/22/2017. Amended by Act 2013, No. 596,§ 2, eff. 8/16/2013. Acts 2005, No. 897, § 2; 2007, No. 230, § 7.

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5038, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5037, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5036, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5035, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2292, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2291, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2290, eff. 7/1/2019.

Amended by Act 2017, No. 565,§ 28, eff. 3/22/2017.

Amended by Act 2013, No. 596,§ 2, eff. 8/16/2013.

Acts 2005, No. 897, § 2; 2007, No. 230, § 7.
Ark. Code Ann. § 20-10-504 — AR Code / Title 20 / Chapter 10 / Subchapter 5 / Section 20-10-504
Public information campaign
Status: in_force

The state agencies shall carry out a public information campaign to inform the citizens of Arkansas about this network of services. Acts 1981, No. 380, § 4; A.S.A. 1947, § 82-2229.

The state agencies shall carry out a public information campaign to inform the citizens of Arkansas about this network of services.

Acts 1981, No. 380, § 4; A.S.A. 1947, § 82-2229.
Ark. Code Ann. § 20-76-208 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-208
Legislative finding - Regional offices
Status: in_force

(a) It is hereby found and determined by the Seventy-Seventh General Assembly that regional offices tend to create inefficiency in the operation of the programs and services provided by the Department of Human Services. (b) Therefore, no office of the Department of Human Services shall be called a regional office, nor shall any function of any office, other than the Department of Human Services Central Office, include supervision of any district department office. Acts 1989 (1st Ex. Sess.), No. 44, § 11.

(a) It is hereby found and determined by the Seventy-Seventh General Assembly that regional offices tend to create inefficiency in the operation of the programs and services provided by the Department of Human Services.

(b) Therefore, no office of the Department of Human Services shall be called a regional office, nor shall any function of any office, other than the Department of Human Services Central Office, include supervision of any district department office.

Acts 1989 (1st Ex. Sess.), No. 44, § 11.
Ark. Code Ann. § 20-10-903 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-903
Definitions
Status: in_force

As used in this subchapter: (1) "Administrator" means a long-term care facility administrator as defined in § 20-10-101 ; (2) "Emergency" means a situation, a physical condition, or one (1) or more practices, methods, or operations which threaten the health, security, or welfare of residents; (3) "Facility" means a long-term care facility which is required to be licensed under § 20-10-224 ; (4) "Habitual violation" means a violation of state or federal law which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents; (5) "Licensee" means any person or any other legal entity that is licensed or required to be licensed to operate a facility; (6) "Owner" means the holder of the title to the real estate in which the facility is maintained; (7) "Resident" means any person who lives in and receives services or care in a long-term care facility; and (8) "Substantial violation" means a violation of state or federal law which presents a reasonable likelihood of serious physical or mental harm to residents. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

As used in this subchapter:

(1) "Administrator" means a long-term care facility administrator as defined in § 20-10-101 ;

(2) "Emergency" means a situation, a physical condition, or one (1) or more practices, methods, or operations which threaten the health, security, or welfare of residents;

(3) "Facility" means a long-term care facility which is required to be licensed under § 20-10-224 ;

(4) "Habitual violation" means a violation of state or federal law which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents;

(5) "Licensee" means any person or any other legal entity that is licensed or required to be licensed to operate a facility;

(6) "Owner" means the holder of the title to the real estate in which the facility is maintained;

(7) "Resident" means any person who lives in and receives services or care in a long-term care facility; and

(8) "Substantial violation" means a violation of state or federal law which presents a reasonable likelihood of serious physical or mental harm to residents.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-16-2509 — AR Code / Title 20 / Chapter 16 / Subchapter 25 / Section 20-16-2509
Construction
Status: in_force

(a) This subchapter does not create or recognize a right to abortion. (b) This subchapter is not intended to make lawful an abortion that is currently unlawful. Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.

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

(b) This subchapter is not intended to make lawful an abortion that is currently unlawful.

Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-56-209 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-209
Misbranded food
Status: in_force

A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is offered for sale under the name of another food; (3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated; (4) If its container is so made, formed, or filled as to be misleading; (5) If in package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted, and exemptions as to small packages shall be established by rules prescribed by the State Board of Health; (6) If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as considered as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rules or regulations as provided by § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act, unless: (A) It conforms to the definition and standard; and (B) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by rules or regulations, the common names of optional ingredients other than spices, flavoring, and coloring present in the food; (8) If it purports to be or is represented as: (A) A food for which a standard of quality has been prescribed by rules or regulations as provided in § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act and its quality falls below the standard, unless its label bears, in such manner and form as the rules or regulations specify, a statement that it falls below the standard; or (B) A food for which a standard of fill of container has been prescribed by rules or regulations as provided by § 20-56-219 , and it falls below the standard of fill of container applicable thereto unless its label bears, in such manner and form as the rules or regulations specify, a statement that it falls below the standard; (9) If it is not subject to the provisions of subdivision (7) of this section, unless it bears labeling clearly giving: (A) The common or usual name of the food, if there is any; and (B) (i) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each. (ii) However, to the extent that compliance with the requirements of subdivision (9)(B)(i) of this section is impractical or results in deception or unfair competition, exemptions shall be established by rules promulgated by the board; (10) If it purports to be or is represented for special dietary uses unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the board determines to be, and by rules prescribed as necessary in order to fully inform purchasers as to its value for such uses; (11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative unless it bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subdivision (11) is impracticable, exemptions shall be established by rules promulgated by the board; and (12) If it is a product intended as an ingredient of another food and, when used according to the directions of the purveyor, will result in the final food product's being adulterated or misbranded. Amended by Act 2019, No. 315,§ 2165, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2164, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2163, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2162, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2161, eff. 7/24/2019. Acts 1953, No. 415, § 11; A.S.A. 1947, § 82-1111.

A food shall be deemed to be misbranded:

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

(2) If it is offered for sale under the name of another food;

(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated;

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

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

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

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

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

(7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rules or regulations as provided by § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act, unless: (A) It conforms to the definition and standard; and (B) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by rules or regulations, the common names of optional ingredients other than spices, flavoring, and coloring present in the food;

(A) It conforms to the definition and standard; and

(B) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by rules or regulations, the common names of optional ingredients other than spices, flavoring, and coloring present in the food;

(8) If it purports to be or is represented as: (A) A food for which a standard of quality has been prescribed by rules or regulations as provided in § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act and its quality falls below the standard, unless its label bears, in such manner and form as the rules or regulations specify, a statement that it falls below the standard; or (B) A food for which a standard of fill of container has been prescribed by rules or regulations as provided by § 20-56-219 , and it falls below the standard of fill of container applicable thereto unless its label bears, in such manner and form as the rules or regulations specify, a statement that it falls below the standard;

(A) A food for which a standard of quality has been prescribed by rules or regulations as provided in § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act and its quality falls below the standard, unless its label bears, in such manner and form as the rules or regulations specify, a statement that it falls below the standard; or

(B) A food for which a standard of fill of container has been prescribed by rules or regulations as provided by § 20-56-219 , and it falls below the standard of fill of container applicable thereto unless its label bears, in such manner and form as the rules or regulations specify, a statement that it falls below the standard;

(9) If it is not subject to the provisions of subdivision (7) of this section, unless it bears labeling clearly giving: (A) The common or usual name of the food, if there is any; and (B) (i) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each. (ii) However, to the extent that compliance with the requirements of subdivision (9)(B)(i) of this section is impractical or results in deception or unfair competition, exemptions shall be established by rules promulgated by the board;

(A) The common or usual name of the food, if there is any; and

(B) (i) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each. (ii) However, to the extent that compliance with the requirements of subdivision (9)(B)(i) of this section is impractical or results in deception or unfair competition, exemptions shall be established by rules promulgated by the board;

(i) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each.

(ii) However, to the extent that compliance with the requirements of subdivision (9)(B)(i) of this section is impractical or results in deception or unfair competition, exemptions shall be established by rules promulgated by the board;

(10) If it purports to be or is represented for special dietary uses unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the board determines to be, and by rules prescribed as necessary in order to fully inform purchasers as to its value for such uses;

(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative unless it bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subdivision (11) is impracticable, exemptions shall be established by rules promulgated by the board; and

(12) If it is a product intended as an ingredient of another food and, when used according to the directions of the purveyor, will result in the final food product's being adulterated or misbranded.

Amended by Act 2019, No. 315,§ 2165, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2164, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2163, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2162, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2161, eff. 7/24/2019.

Acts 1953, No. 415, § 11; A.S.A. 1947, § 82-1111.
Ark. Code Ann. § 20-58-209 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-209
Egg handler permit
Status: in_force

(a) All egg handler permits shall be conspicuously posted in the place of business to which they apply. (b) The annual permit year shall be twelve (12) months or any fraction thereof beginning July 1 and ending June 30 of each year. (c) No permit shall be transferable, but if the permit holder relocates, the permit may be moved from one (1) place to another with the consent of the Department of Agriculture. (d) No person shall operate a shell egg processing plant and egg candling room or an egg breaking plant before the plant or room has been approved by the Arkansas Livestock and Poultry Commission or its authorized agent and a permit issued. Amended by Act 2023, No. 598,§ 6, eff. 8/1/2023. Acts 1969, No. 220, § 12; 1970 (Ex. Sess.), No. 12, § 1; A.S.A. 1947, § 82-1317.

(a) All egg handler permits shall be conspicuously posted in the place of business to which they apply.

(b) The annual permit year shall be twelve (12) months or any fraction thereof beginning July 1 and ending June 30 of each year.

(c) No permit shall be transferable, but if the permit holder relocates, the permit may be moved from one (1) place to another with the consent of the Department of Agriculture.

(d) No person shall operate a shell egg processing plant and egg candling room or an egg breaking plant before the plant or room has been approved by the Arkansas Livestock and Poultry Commission or its authorized agent and a permit issued.

Amended by Act 2023, No. 598,§ 6, eff. 8/1/2023.

Acts 1969, No. 220, § 12; 1970 (Ex. Sess.), No. 12, § 1; A.S.A. 1947, § 82-1317.
Ark. Code Ann. § 20-13-203 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-203
Applicability
Status: in_force

(a) All municipal, county, or state-operated rescue services which choose to provide advanced life support skills to the general public but which do not transport patients except in mass casualty incidents shall comply with all rules and standards duly promulgated under this subchapter. (b) Furthermore, it is the intent of this subchapter that nothing contained in it applies by implication or otherwise to any municipal, county, or state-operated or state-sponsored rescue service which provides basic life support skills to the public in a "treat, no transport" fashion. Amended by Act 2019, No. 315,§ 1918, eff. 7/24/2019. Acts 1975, No. 435, § 2; 1981, No. 293, §§ 1, 2; 1985, No. 1001, § 1; A.S.A. 1947, § 82-3402.

(a) All municipal, county, or state-operated rescue services which choose to provide advanced life support skills to the general public but which do not transport patients except in mass casualty incidents shall comply with all rules and standards duly promulgated under this subchapter.

(b) Furthermore, it is the intent of this subchapter that nothing contained in it applies by implication or otherwise to any municipal, county, or state-operated or state-sponsored rescue service which provides basic life support skills to the public in a "treat, no transport" fashion.

Amended by Act 2019, No. 315,§ 1918, eff. 7/24/2019.

Acts 1975, No. 435, § 2; 1981, No. 293, §§ 1, 2; 1985, No. 1001, § 1; A.S.A. 1947, § 82-3402.
Ark. Code Ann. § 20-17-1216 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1216
Sale or purchase of parts prohibited
Status: in_force

(a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits an unclassified felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part. Acts 2007, No. 839, § 1.

(a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits an unclassified felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both.

(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-56-408 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-408
[See Note] Permits - Suspension or revocation
Status: in_force

(a) All permits issued under this subchapter shall be suspended or revoked by the Director of Arkansas Tobacco Control for any violation of this subchapter or the rules pertaining to this subchapter, subject to a hearing before the Arkansas Tobacco Control Board at the next regularly scheduled board meeting. (b) The director may revoke all permits to deal in hemp-derived products associated with any person who is convicted of or pleads guilty or nolo contendere to criminally violating this subchapter, subject to a hearing before the board at the next regularly scheduled board meeting. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

(a) All permits issued under this subchapter shall be suspended or revoked by the Director of Arkansas Tobacco Control for any violation of this subchapter or the rules pertaining to this subchapter, subject to a hearing before the Arkansas Tobacco Control Board at the next regularly scheduled board meeting.

(b) The director may revoke all permits to deal in hemp-derived products associated with any person who is convicted of or pleads guilty or nolo contendere to criminally violating this subchapter, subject to a hearing before the board at the next regularly scheduled board meeting.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-47-702 — AR Code / Title 20 / Chapter 47 / Subchapter 7 / Section 20-47-702
Purpose
Status: in_force

The purpose of this subchapter is to help facilitate the establishment of an improved system of behavioral health care for children and youth, especially those with serious emotional disturbances. Acts 2007, No. 1593, § 1.

The purpose of this subchapter is to help facilitate the establishment of an improved system of behavioral health care for children and youth, especially those with serious emotional disturbances.

Acts 2007, No. 1593, § 1.
Ark. Code Ann. § 20-76-515 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-515
[Repealed]
Status: repealed

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

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

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-24-117 — AR Code / Title 20 / Chapter 24 / Section 20-24-117
Fees
Status: in_force

(a) The following fees shall be paid to the Department of Labor and Licensing for each passenger, freight, or one-man elevator or dumbwaiter installation permit: (1) Elevators ............... $150.00 (2) Escalators and moving walks ............... 200.00 (3) Dumbwaiters ............... 100.00 (4) Wheelchair lifts ............... 100.00 (5) Workmen's hoists ............... 200.00 (b) A fee of not less than five dollars ($5.00) and not more than one hundred dollars ($100) shall be paid to the department for installation permits for all other types of elevators, escalators, power lifts, or moving walks. (c) A final inspection fee and the fee for the initial operating permit are included in the installation permit fee. If a scheduled final inspection is cancelled without due notice to the department or if the elevator is not complete in the judgment of the inspector, an additional fee of one hundred dollars ($100) shall be charged to the elevator contractor for an additional final inspection. (d) Major alterations may be made upon obtaining a permit, which requires payment of a fee of one hundred dollars ($100). Amended by Act 2019, No. 910,§ 5481, eff. 7/1/2019. Amended by Act 2017, No. 968,§ 7, eff. 8/1/2017. Acts 1963, No. 189, § 9; 1965, No. 72, § 5; 1969, No. 337, § 4; 1977, No. 539, § 5; 1983, No. 284, §§ 3-5; A.S.A. 1947, § 82-1809; Acts 1993, No. 584, § 2; 2003, No. 360, § 4.

(a) The following fees shall be paid to the Department of Labor and Licensing for each passenger, freight, or one-man elevator or dumbwaiter installation permit: (1) Elevators ............... $150.00 (2) Escalators and moving walks ............... 200.00 (3) Dumbwaiters ............... 100.00 (4) Wheelchair lifts ............... 100.00 (5) Workmen's hoists ............... 200.00

(1) Elevators ............... $150.00

(2) Escalators and moving walks ............... 200.00

(3) Dumbwaiters ............... 100.00

(4) Wheelchair lifts ............... 100.00

(5) Workmen's hoists ............... 200.00

(b) A fee of not less than five dollars ($5.00) and not more than one hundred dollars ($100) shall be paid to the department for installation permits for all other types of elevators, escalators, power lifts, or moving walks.

(c) A final inspection fee and the fee for the initial operating permit are included in the installation permit fee. If a scheduled final inspection is cancelled without due notice to the department or if the elevator is not complete in the judgment of the inspector, an additional fee of one hundred dollars ($100) shall be charged to the elevator contractor for an additional final inspection.

(d) Major alterations may be made upon obtaining a permit, which requires payment of a fee of one hundred dollars ($100).

Amended by Act 2019, No. 910,§ 5481, eff. 7/1/2019.

Amended by Act 2017, No. 968,§ 7, eff. 8/1/2017.

Acts 1963, No. 189, § 9; 1965, No. 72, § 5; 1969, No. 337, § 4; 1977, No. 539, § 5; 1983, No. 284, §§ 3-5; A.S.A. 1947, § 82-1809; Acts 1993, No. 584, § 2; 2003, No. 360, § 4.
Ark. Code Ann. § 20-77-102 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-102
Program for long-term care facility care
Status: in_force

(a) The appropriate division of the Department of Human Services is authorized to establish a program to provide for long-term care facility care for all residents of this state who are found to be qualified for and in need of long-term care facility care, as provided in this section. (b) The program shall consist of: (1) Long-term care facililty care for those persons eligible to receive medical care benefits under Title XIX of the Social Security Act in accordance with federal and state regulations promulgated therefor, within the maximum limitations provided under federal law or regulation for federal reimbursement for long-term care facility care under Title XIX of the Social Security Act; and (2) A program of state financial assistance for long-term care facility care for persons who are not eligible for medical care benefits under Title XIX of the Social Security Act to the extent that the cost of the class of long-term care facility care for which the person is determined to be qualified exceeds the ability of the person to pay for the care. (c) (1) However, the deputy director of the appropriate division of the department shall, in establishing the level of payment for services and benefits for long-term care facility care to be provided under the provisions of this section, promulgate appropriate rules to limit the cost of services to the State of Arkansas to funds available or estimated to be available to the appropriate division for that purpose during each fiscal year. (2) The rules promulgated by the deputy director shall provide that all persons eligible within each class of eligibility shall receive equal consideration for benefits. (3) The deputy director of the appropriate division of the department is authorized to promulgate such additional rules as deemed to be necessary to prevent abuse of benefits under this section, yet make available to the residents of this state who are eligible the full benefits of this section within the limitation of funds available therefor. (d) The Secretary of the Department of Human Services, with the approval of the Governor and after obtaining the advice of the Legislative Council, may provide for an expanded comprehensive program of long-term care facility care for residents of this state if he or she deems the program advisable or appropriate in order to take advantage of expanded federal programs or participation therein, within the limitation of funds that may be available to the department therefor. Amended by Act 2019, No. 315,§ 2256, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5218, eff. 7/1/2019. Amended by Act 2017, No. 591,§ 5, eff. 8/1/2017. Acts 1965 (2nd Ex. Sess.), No. 14, § 7; 1977, No. 416, § 1; A.S.A. 1947, § 83-162; Acts 2003, No. 136, § 1.

(a) The appropriate division of the Department of Human Services is authorized to establish a program to provide for long-term care facility care for all residents of this state who are found to be qualified for and in need of long-term care facility care, as provided in this section.

(b) The program shall consist of: (1) Long-term care facililty care for those persons eligible to receive medical care benefits under Title XIX of the Social Security Act in accordance with federal and state regulations promulgated therefor, within the maximum limitations provided under federal law or regulation for federal reimbursement for long-term care facility care under Title XIX of the Social Security Act; and (2) A program of state financial assistance for long-term care facility care for persons who are not eligible for medical care benefits under Title XIX of the Social Security Act to the extent that the cost of the class of long-term care facility care for which the person is determined to be qualified exceeds the ability of the person to pay for the care.

(1) Long-term care facililty care for those persons eligible to receive medical care benefits under Title XIX of the Social Security Act in accordance with federal and state regulations promulgated therefor, within the maximum limitations provided under federal law or regulation for federal reimbursement for long-term care facility care under Title XIX of the Social Security Act; and

(2) A program of state financial assistance for long-term care facility care for persons who are not eligible for medical care benefits under Title XIX of the Social Security Act to the extent that the cost of the class of long-term care facility care for which the person is determined to be qualified exceeds the ability of the person to pay for the care.

(c) (1) However, the deputy director of the appropriate division of the department shall, in establishing the level of payment for services and benefits for long-term care facility care to be provided under the provisions of this section, promulgate appropriate rules to limit the cost of services to the State of Arkansas to funds available or estimated to be available to the appropriate division for that purpose during each fiscal year. (2) The rules promulgated by the deputy director shall provide that all persons eligible within each class of eligibility shall receive equal consideration for benefits. (3) The deputy director of the appropriate division of the department is authorized to promulgate such additional rules as deemed to be necessary to prevent abuse of benefits under this section, yet make available to the residents of this state who are eligible the full benefits of this section within the limitation of funds available therefor.

(1) However, the deputy director of the appropriate division of the department shall, in establishing the level of payment for services and benefits for long-term care facility care to be provided under the provisions of this section, promulgate appropriate rules to limit the cost of services to the State of Arkansas to funds available or estimated to be available to the appropriate division for that purpose during each fiscal year.

(2) The rules promulgated by the deputy director shall provide that all persons eligible within each class of eligibility shall receive equal consideration for benefits.

(3) The deputy director of the appropriate division of the department is authorized to promulgate such additional rules as deemed to be necessary to prevent abuse of benefits under this section, yet make available to the residents of this state who are eligible the full benefits of this section within the limitation of funds available therefor.

(d) The Secretary of the Department of Human Services, with the approval of the Governor and after obtaining the advice of the Legislative Council, may provide for an expanded comprehensive program of long-term care facility care for residents of this state if he or she deems the program advisable or appropriate in order to take advantage of expanded federal programs or participation therein, within the limitation of funds that may be available to the department therefor.

Amended by Act 2019, No. 315,§ 2256, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5218, eff. 7/1/2019.

Amended by Act 2017, No. 591,§ 5, eff. 8/1/2017.

Acts 1965 (2nd Ex. Sess.), No. 14, § 7; 1977, No. 416, § 1; A.S.A. 1947, § 83-162; Acts 2003, No. 136, § 1.
Ark. Code Ann. § 20-13-1104 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1104
Form - State and national criminal history check
Status: in_force

(a) A request for a state or national criminal history check, or both, on a person shall include a completed form as required by the Identification Bureau of the Division of Arkansas State Police. (b) If an applicant is requesting initial Arkansas emergency medical services personnel licensure and can provide proof of continuous residency in the State of Arkansas for the past five (5) years, then the applicant shall be required to have only a state criminal history check completed. (c) If an applicant is requesting initial Arkansas emergency medical services personnel licensure and is from another state or if the applicant cannot provide proof of continuous residency in the State of Arkansas for the past five (5) years, the applicant shall be required to have both a state and a national criminal history check completed. Acts 1999, No. 666, §§ 2, 5; 2009, No. 689, § 16; 2011, No. 627, § 1.

(a) A request for a state or national criminal history check, or both, on a person shall include a completed form as required by the Identification Bureau of the Division of Arkansas State Police.

(b) If an applicant is requesting initial Arkansas emergency medical services personnel licensure and can provide proof of continuous residency in the State of Arkansas for the past five (5) years, then the applicant shall be required to have only a state criminal history check completed.

(c) If an applicant is requesting initial Arkansas emergency medical services personnel licensure and is from another state or if the applicant cannot provide proof of continuous residency in the State of Arkansas for the past five (5) years, the applicant shall be required to have both a state and a national criminal history check completed.

Acts 1999, No. 666, §§ 2, 5; 2009, No. 689, § 16; 2011, No. 627, § 1.
Ark. Code Ann. § 20-59-226 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-226
Unlawful acts - Removing label of health officer
Status: in_force

It shall be unlawful to remove or deface any tags or labels which have been attached by the Secretary of the Department of Health or his or her deputies to a receptacle containing cream, milk, or other dairy products. Amended by Act 2019, No. 910,§ 5061, eff. 7/1/2019. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to remove or deface any tags or labels which have been attached by the Secretary of the Department of Health or his or her deputies to a receptacle containing cream, milk, or other dairy products.

Amended by Act 2019, No. 910,§ 5061, eff. 7/1/2019.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-27-1311 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1311
Existing rules - Orders - Remedies
Status: in_force

(a) All existing rules of any other state agency relating to subjects embraced within this subchapter shall remain in full force and effect unless expressly repealed, amended, or superseded by the state agency affected. (b) All orders entered, permits granted, and pending legal proceedings instituted by any person, public or private, relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the Director of the Division of Labor under this subchapter. (c) No existing civil or criminal remedies, public or private, for any wrongful action relating to subjects embraced by this subchapter shall be excluded or impaired by this subchapter. Amended by Act 2019, No. 315,§ 2113, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5497, eff. 7/1/2019. Acts 1995, No. 814, § 13.

(a) All existing rules of any other state agency relating to subjects embraced within this subchapter shall remain in full force and effect unless expressly repealed, amended, or superseded by the state agency affected.

(b) All orders entered, permits granted, and pending legal proceedings instituted by any person, public or private, relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the Director of the Division of Labor under this subchapter.

(c) No existing civil or criminal remedies, public or private, for any wrongful action relating to subjects embraced by this subchapter shall be excluded or impaired by this subchapter.

Amended by Act 2019, No. 315,§ 2113, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5497, eff. 7/1/2019.

Acts 1995, No. 814, § 13.
Ark. Code Ann. § 20-20-222 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-222
Intergovernmental cooperation
Status: in_force

The State Plant Board may cooperate with, receive grants-in-aid from, and enter into agreements with any agency of the United States Government, of this state or its subdivisions, or of another state to obtain assistance in the implementation of this subchapter, in order to: (1) Secure uniformity of regulations; (2) Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs; (3) Develop and administer state plans for licensing of certified applicators consistent with federal standards; (4) Contract for training with other agencies for the purpose of training licensed applicators; (5) Contract for monitoring pesticides for the national plan; (6) Prepare and submit state plans to meet federal certification standards, as provided for in section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act; and (7) Regulate certified applicators. Acts 1975, No. 389, § 15; A.S.A. 1947, § 77-265.

The State Plant Board may cooperate with, receive grants-in-aid from, and enter into agreements with any agency of the United States Government, of this state or its subdivisions, or of another state to obtain assistance in the implementation of this subchapter, in order to:

(1) Secure uniformity of regulations;

(2) Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs;

(3) Develop and administer state plans for licensing of certified applicators consistent with federal standards;

(4) Contract for training with other agencies for the purpose of training licensed applicators;

(5) Contract for monitoring pesticides for the national plan;

(6) Prepare and submit state plans to meet federal certification standards, as provided for in section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act; and

(7) Regulate certified applicators.

Acts 1975, No. 389, § 15; A.S.A. 1947, § 77-265.
Ark. Code Ann. § 20-13-1114 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1114
Immunity
Status: in_force

Individuals are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occurring in the performance of duties imposed by this subchapter. Acts 1999, No. 666, § 9.

Individuals are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occurring in the performance of duties imposed by this subchapter.

Acts 1999, No. 666, § 9.
Ark. Code Ann. § 20-46-302 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-302
Department of Human Services - Power to regulate - Funding
Status: in_force

(a) The Arkansas State Hospital shall have the power to establish guidelines and rules in the administration of this section. (b) (1) The Arkansas State Hospital through the Department of Human Services is authorized and empowered to assist community mental health centers and clinics in providing funds for medication required for the treatment of mental illness for medically indigent patients at a rate not to exceed five cents (5¢) per capita of the geographical area served by those community mental health centers or clinics. (2) The most recent federal census will be used in determining the per capita of the area on which an allocation is made. (c) (1) Disbursement of funds authorized by this section shall be limited to the appropriations for the department and funds made available by law for the support of the appropriations. (2) The restrictions of the Arkansas Procurement Law, § 19-11-201 et seq.; the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq.; the Revenue Stabilization Law, § 19-5-101 et seq.; and other fiscal control laws of the state, where applicable, and rules promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of the funds. Amended by Act 2019, No. 315,§ 2141, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2140, eff. 7/24/2019. Acts 1972 (Ex. Sess.), No. 54, §§ 1, 2, 4; A.S.A. 1947, §§ 59-312 -- 59-314.

(a) The Arkansas State Hospital shall have the power to establish guidelines and rules in the administration of this section.

(b) (1) The Arkansas State Hospital through the Department of Human Services is authorized and empowered to assist community mental health centers and clinics in providing funds for medication required for the treatment of mental illness for medically indigent patients at a rate not to exceed five cents (5¢) per capita of the geographical area served by those community mental health centers or clinics. (2) The most recent federal census will be used in determining the per capita of the area on which an allocation is made.

(1) The Arkansas State Hospital through the Department of Human Services is authorized and empowered to assist community mental health centers and clinics in providing funds for medication required for the treatment of mental illness for medically indigent patients at a rate not to exceed five cents (5¢) per capita of the geographical area served by those community mental health centers or clinics.

(2) The most recent federal census will be used in determining the per capita of the area on which an allocation is made.

(c) (1) Disbursement of funds authorized by this section shall be limited to the appropriations for the department and funds made available by law for the support of the appropriations. (2) The restrictions of the Arkansas Procurement Law, § 19-11-201 et seq.; the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq.; the Revenue Stabilization Law, § 19-5-101 et seq.; and other fiscal control laws of the state, where applicable, and rules promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of the funds.

(1) Disbursement of funds authorized by this section shall be limited to the appropriations for the department and funds made available by law for the support of the appropriations.

(2) The restrictions of the Arkansas Procurement Law, § 19-11-201 et seq.; the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq.; the Revenue Stabilization Law, § 19-5-101 et seq.; and other fiscal control laws of the state, where applicable, and rules promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of the funds.

Amended by Act 2019, No. 315,§ 2141, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2140, eff. 7/24/2019.

Acts 1972 (Ex. Sess.), No. 54, §§ 1, 2, 4; A.S.A. 1947, §§ 59-312 -- 59-314.
Ark. Code Ann. § 20-26-203 — AR Code / Title 20 / Chapter 26 / Subchapter 2 / Section 20-26-203
Unlawful acts
Status: in_force

(a) It shall be unlawful for any person seeking to become a guest of any tourist camp, hotel, or rooming house to: (1) Register or permit himself or herself to be registered under an assumed name; (2) Falsely represent himself or herself as the spouse of any other guest or person seeking to become a guest; (3) Register or permit himself or herself to be registered under a false address; or (4) Register or permit to be registered a false automobile license designation. (b) It shall be unlawful for any operator of a tourist camp, hotel, or rooming house, or any employee of the operator to: (1) Accept as a guest any person without requiring a full registration as provided in § 20-26-206 ; or (2) Knowingly accept as a guest a person who has registered under a false name, who has registered with another under a false representation as to their relationship, or who has falsely represented the current license designation of his or her automobile. Acts 1945, No. 110, § 5; A.S.A. 1947, § 71-1105.

(a) It shall be unlawful for any person seeking to become a guest of any tourist camp, hotel, or rooming house to: (1) Register or permit himself or herself to be registered under an assumed name; (2) Falsely represent himself or herself as the spouse of any other guest or person seeking to become a guest; (3) Register or permit himself or herself to be registered under a false address; or (4) Register or permit to be registered a false automobile license designation.

(1) Register or permit himself or herself to be registered under an assumed name;

(2) Falsely represent himself or herself as the spouse of any other guest or person seeking to become a guest;

(3) Register or permit himself or herself to be registered under a false address; or

(4) Register or permit to be registered a false automobile license designation.

(b) It shall be unlawful for any operator of a tourist camp, hotel, or rooming house, or any employee of the operator to: (1) Accept as a guest any person without requiring a full registration as provided in § 20-26-206 ; or (2) Knowingly accept as a guest a person who has registered under a false name, who has registered with another under a false representation as to their relationship, or who has falsely represented the current license designation of his or her automobile.

(1) Accept as a guest any person without requiring a full registration as provided in § 20-26-206 ; or

(2) Knowingly accept as a guest a person who has registered under a false name, who has registered with another under a false representation as to their relationship, or who has falsely represented the current license designation of his or her automobile.

Acts 1945, No. 110, § 5; A.S.A. 1947, § 71-1105.
Ark. Code Ann. § 20-78-503 — AR Code / Title 20 / Chapter 78 / Subchapter 5 / Section 20-78-503
Arkansas Child Care Facilities Loan Guarantee Trust Fund
Status: in_force

(a) (1) There is established a cash fund account of the Division of Child Care and Early Childhood Education of the Department of Education to be known as the "Arkansas Child Care Facilities Loan Guarantee Trust Fund". (2) The cash fund account established under subdivision (a)(1) of this section shall be: (A) Maintained in one (1) or more financial institutions of the state; and (B) Administered in accordance with this subchapter. (b) The division is hereby authorized to accept moneys for the fund from any source, including, but not limited to, allocations from the Treasurer of State as provided in § 20-78-504 . (c) The fund shall be a continuing fund, not subject to fiscal year limitations, and shall be used to guarantee loans for the expansion or development of childcare facilities in this state and as provided in subsection (d) of this section. (d) Any interest at the end of the fiscal year which exceeds the amount necessary to cover loan defaults occurring during that fiscal year shall be made available for professional development and quality improvement activities and grants, including without limitation to support an early childhood foundation or public-private partnership. (e) The fund shall be administered by the division with technical assistance from the Arkansas Early Childhood Commission and the Arkansas Development Finance Authority. Amended by Act 2023, No. 237,§ 66, eff. 7/1/2023. Acts 1989, No. 202, § 1; 1997, No. 540, § 43; 1997, No. 1132, § 26; 2001, No. 305, § 1; 2011, No. 636, § 1.

(a) (1) There is established a cash fund account of the Division of Child Care and Early Childhood Education of the Department of Education to be known as the "Arkansas Child Care Facilities Loan Guarantee Trust Fund". (2) The cash fund account established under subdivision (a)(1) of this section shall be: (A) Maintained in one (1) or more financial institutions of the state; and (B) Administered in accordance with this subchapter.

(1) There is established a cash fund account of the Division of Child Care and Early Childhood Education of the Department of Education to be known as the "Arkansas Child Care Facilities Loan Guarantee Trust Fund".

(2) The cash fund account established under subdivision (a)(1) of this section shall be: (A) Maintained in one (1) or more financial institutions of the state; and (B) Administered in accordance with this subchapter.

(A) Maintained in one (1) or more financial institutions of the state; and

(B) Administered in accordance with this subchapter.

(b) The division is hereby authorized to accept moneys for the fund from any source, including, but not limited to, allocations from the Treasurer of State as provided in § 20-78-504 .

(c) The fund shall be a continuing fund, not subject to fiscal year limitations, and shall be used to guarantee loans for the expansion or development of childcare facilities in this state and as provided in subsection (d) of this section.

(d) Any interest at the end of the fiscal year which exceeds the amount necessary to cover loan defaults occurring during that fiscal year shall be made available for professional development and quality improvement activities and grants, including without limitation to support an early childhood foundation or public-private partnership.

(e) The fund shall be administered by the division with technical assistance from the Arkansas Early Childhood Commission and the Arkansas Development Finance Authority.

Amended by Act 2023, No. 237,§ 66, eff. 7/1/2023.

Acts 1989, No. 202, § 1; 1997, No. 540, § 43; 1997, No. 1132, § 26; 2001, No. 305, § 1; 2011, No. 636, § 1.
Ark. Code Ann. § 20-17-1202 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1202
Definitions
Status: in_force

In this subchapter: (1) "Adult" means an individual who is at least eighteen (18) years of age. (2) "Agent" means an individual: (A) authorized to make healthcare decisions on the principal's behalf by a power of attorney for health care; or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. (3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. (4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this subchapter, a fetus. (5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under § 20-17-1211 . (6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry. (7) "Donor" means an individual whose body or part is the subject of an anatomical gift. (8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. (9) "Driver's license" means a license or permit issued by the Office of Driver Services to operate a vehicle, whether or not conditions are attached to the license or permit. (10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. (11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem. (12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. (13) "Identification card" means an identification card issued by the Office of Driver Services. (14) "Know" means to have actual knowledge. (15) "Minor" means an individual who is under eighteen (18) years of age. (16) "Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. (17) "Parent" means a parent whose parental rights have not been terminated. (18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body. (19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state. (21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank. (22) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal. (23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. (24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted. (25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (26) "Refusal" means a record created under § 20-17-1207 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. (27) "Sign" means, with the present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic symbol, sound, or process. (28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (29) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator. (30) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education. (31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. (32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. Acts 2007, No. 839, § 1.

In this subchapter:

(1) "Adult" means an individual who is at least eighteen (18) years of age.

(2) "Agent" means an individual: (A) authorized to make healthcare decisions on the principal's behalf by a power of attorney for health care; or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

(A) authorized to make healthcare decisions on the principal's behalf by a power of attorney for health care; or

(B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

(3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.

(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this subchapter, a fetus.

(5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under § 20-17-1211 .

(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.

(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.

(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(9) "Driver's license" means a license or permit issued by the Office of Driver Services to operate a vehicle, whether or not conditions are attached to the license or permit.

(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.

(12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.

(13) "Identification card" means an identification card issued by the Office of Driver Services.

(14) "Know" means to have actual knowledge.

(15) "Minor" means an individual who is under eighteen (18) years of age.

(16) "Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.

(17) "Parent" means a parent whose parental rights have not been terminated.

(18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.

(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(20) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.

(21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.

(22) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.

(23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.

(25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(26) "Refusal" means a record created under § 20-17-1207 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.

(27) "Sign" means, with the present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(29) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.

(30) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

(31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

(32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-77-2003 — AR Code / Title 20 / Chapter 77 / Subchapter 20 / Section 20-77-2003
ARKids First enrollment and renewals
Status: in_force

(a) The Department of Human Services shall perform the initiatives under subsection (b) of this section to increase ARKids First enrollment and renewals and position the state to compete for a performance bonus payment under the Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3. (b) The department shall make best efforts to obtain approval from the Centers for Medicare & Medicaid Services for the following: (1) For each child enrolled in ARKids First A who becomes ineligible to complete his or her ARKids First A enrollment period for financial reasons, establishing a process to allow ARKids First B coverage from the date of ineligibility through the end date of the ARKids First A enrollment period; (2) An ex parte renewal process for ARKids First A and ARKids First B, in which the state performs the eligibility redetermination to the maximum extent possible based on information contained in the ARKids First file or by obtaining other information available to the state through other sources, such as income databases, before it seeks any information from the child's parent or representative; and (3) An Express Lane Eligibility enrollment option that allows use of other public program databases and findings to reach and enroll children in the ARKids First A and ARKids First B programs. Acts 2011, No. 771, § 1.

(a) The Department of Human Services shall perform the initiatives under subsection (b) of this section to increase ARKids First enrollment and renewals and position the state to compete for a performance bonus payment under the Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3.

(b) The department shall make best efforts to obtain approval from the Centers for Medicare & Medicaid Services for the following: (1) For each child enrolled in ARKids First A who becomes ineligible to complete his or her ARKids First A enrollment period for financial reasons, establishing a process to allow ARKids First B coverage from the date of ineligibility through the end date of the ARKids First A enrollment period; (2) An ex parte renewal process for ARKids First A and ARKids First B, in which the state performs the eligibility redetermination to the maximum extent possible based on information contained in the ARKids First file or by obtaining other information available to the state through other sources, such as income databases, before it seeks any information from the child's parent or representative; and (3) An Express Lane Eligibility enrollment option that allows use of other public program databases and findings to reach and enroll children in the ARKids First A and ARKids First B programs.

(1) For each child enrolled in ARKids First A who becomes ineligible to complete his or her ARKids First A enrollment period for financial reasons, establishing a process to allow ARKids First B coverage from the date of ineligibility through the end date of the ARKids First A enrollment period;

(2) An ex parte renewal process for ARKids First A and ARKids First B, in which the state performs the eligibility redetermination to the maximum extent possible based on information contained in the ARKids First file or by obtaining other information available to the state through other sources, such as income databases, before it seeks any information from the child's parent or representative; and

(3) An Express Lane Eligibility enrollment option that allows use of other public program databases and findings to reach and enroll children in the ARKids First A and ARKids First B programs.

Acts 2011, No. 771, § 1.
Ark. Code Ann. § 20-17-1404 — AR Code / Title 20 / Chapter 17 / Subchapter 14 / Section 20-17-1404
Authority to cremate unclaimed remains - Retention of the remains
Status: in_force

(a) An authorizing agent may authorize the cremation of an unclaimed deceased veteran's body. (b) A funeral establishment that accepts the unclaimed remains of a veteran: (1) Shall place the cremated remains in a container marked with the proper identification of the decedent; (2) (A) Shall retain or arrange for the retention of the cremated remains until they are relinquished to: (i) A veterans service organization; (ii) The Department of Veterans Affairs or the United States Department of Veterans Affairs; or (iii) The authorizing agent. (B) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs must certify that the deceased veteran: (i) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and (ii) Will be provided a dignified and honorable funeral at a veterans cemetery; and (3) (A) May dispose of the cremated remains in a manner permitted by law after five (5) days from the date of cremation if the cremated remains are not relinquished to a person as provided in subdivision (b)(2) of this section. (B) The disposal of the remains must comply with the public health and welfare laws of the State of Arkansas. Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.

(a) An authorizing agent may authorize the cremation of an unclaimed deceased veteran's body.

(b) A funeral establishment that accepts the unclaimed remains of a veteran: (1) Shall place the cremated remains in a container marked with the proper identification of the decedent; (2) (A) Shall retain or arrange for the retention of the cremated remains until they are relinquished to: (i) A veterans service organization; (ii) The Department of Veterans Affairs or the United States Department of Veterans Affairs; or (iii) The authorizing agent. (B) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs must certify that the deceased veteran: (i) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and (ii) Will be provided a dignified and honorable funeral at a veterans cemetery; and (3) (A) May dispose of the cremated remains in a manner permitted by law after five (5) days from the date of cremation if the cremated remains are not relinquished to a person as provided in subdivision (b)(2) of this section. (B) The disposal of the remains must comply with the public health and welfare laws of the State of Arkansas.

(1) Shall place the cremated remains in a container marked with the proper identification of the decedent;

(2) (A) Shall retain or arrange for the retention of the cremated remains until they are relinquished to: (i) A veterans service organization; (ii) The Department of Veterans Affairs or the United States Department of Veterans Affairs; or (iii) The authorizing agent. (B) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs must certify that the deceased veteran: (i) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and (ii) Will be provided a dignified and honorable funeral at a veterans cemetery; and

(A) Shall retain or arrange for the retention of the cremated remains until they are relinquished to: (i) A veterans service organization; (ii) The Department of Veterans Affairs or the United States Department of Veterans Affairs; or (iii) The authorizing agent.

(i) A veterans service organization;

(ii) The Department of Veterans Affairs or the United States Department of Veterans Affairs; or

(iii) The authorizing agent.

(B) The veterans service organization or Department of Veterans Affairs or the United States Department of Veterans Affairs must certify that the deceased veteran: (i) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and (ii) Will be provided a dignified and honorable funeral at a veterans cemetery; and

(i) Is entitled to interment benefits from the Department of Veterans Affairs or the United States Department of Veterans Affairs; and

(ii) Will be provided a dignified and honorable funeral at a veterans cemetery; and

(3) (A) May dispose of the cremated remains in a manner permitted by law after five (5) days from the date of cremation if the cremated remains are not relinquished to a person as provided in subdivision (b)(2) of this section. (B) The disposal of the remains must comply with the public health and welfare laws of the State of Arkansas.

(A) May dispose of the cremated remains in a manner permitted by law after five (5) days from the date of cremation if the cremated remains are not relinquished to a person as provided in subdivision (b)(2) of this section.

(B) The disposal of the remains must comply with the public health and welfare laws of the State of Arkansas.

Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.