Ark. Code Ann. § 20-21-213 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-213
Licensing and registration requirements generally
Status: in_force

(a) The State Radiation Control Agency shall provide by rule for licensing of radioactive material, or devices or equipment utilizing such material, and for licensing or registration of radiation equipment. (b) The rule shall provide for amendment, suspension, or revocation of licenses and registrations. (c) The rule shall provide that: (1) Each application for a specific license, or license or registration of radiation equipment, shall be in writing and shall state such information as the agency by rule may determine to be necessary to decide the technical and financial qualifications or any other qualifications of the applicant as the agency may deem reasonable and necessary to protect the occupational and public health and safety; (2) The agency may at any time after the filing of the application and before the expiration of the license or registration require further written statements and may make such inspections as the agency may deem necessary in order to determine whether the license or registration should be granted or denied or whether the license or registration should be modified, suspended, or revoked; (3) All applications and statements shall be signed by the applicant, licensee, or registrant; (4) The agency may require any applications or statements to be made under oath or affirmation; (5) Each license or registration shall be in a form and contain terms and conditions as the agency may by rule prescribe; (6) No license or registration issued under this subchapter nor any right under a license or registration shall be transferred, assigned, or in any manner disposed of unless the agency shall, after securing full information, find that the transfer is in accordance with the provisions of this subchapter and shall give its consent in writing; (7) The terms and conditions of all licenses or registrations shall be subject to amendment, revision, or modification by rules or orders issued in accordance with this subchapter; (8) Licenses issued by the agency shall: (A) Be renewed every five (5) to ten (10) years based on risk factors as determined by the agency; and (B) Expire at a time specified by the agency; and (9) Registrations issued shall: (A) Be renewed at a time specified by the agency; and (B) Expire one (1) year after issuance or at a time specified by the agency. Amended by Act 2021, No. 268,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2019, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516; Acts 1995, No. 796, § 2; 2003, No. 1119, §§ 1-3.

(a) The State Radiation Control Agency shall provide by rule for licensing of radioactive material, or devices or equipment utilizing such material, and for licensing or registration of radiation equipment.

(b) The rule shall provide for amendment, suspension, or revocation of licenses and registrations.

(c) The rule shall provide that: (1) Each application for a specific license, or license or registration of radiation equipment, shall be in writing and shall state such information as the agency by rule may determine to be necessary to decide the technical and financial qualifications or any other qualifications of the applicant as the agency may deem reasonable and necessary to protect the occupational and public health and safety; (2) The agency may at any time after the filing of the application and before the expiration of the license or registration require further written statements and may make such inspections as the agency may deem necessary in order to determine whether the license or registration should be granted or denied or whether the license or registration should be modified, suspended, or revoked; (3) All applications and statements shall be signed by the applicant, licensee, or registrant; (4) The agency may require any applications or statements to be made under oath or affirmation; (5) Each license or registration shall be in a form and contain terms and conditions as the agency may by rule prescribe; (6) No license or registration issued under this subchapter nor any right under a license or registration shall be transferred, assigned, or in any manner disposed of unless the agency shall, after securing full information, find that the transfer is in accordance with the provisions of this subchapter and shall give its consent in writing; (7) The terms and conditions of all licenses or registrations shall be subject to amendment, revision, or modification by rules or orders issued in accordance with this subchapter; (8) Licenses issued by the agency shall: (A) Be renewed every five (5) to ten (10) years based on risk factors as determined by the agency; and (B) Expire at a time specified by the agency; and (9) Registrations issued shall: (A) Be renewed at a time specified by the agency; and (B) Expire one (1) year after issuance or at a time specified by the agency.

(1) Each application for a specific license, or license or registration of radiation equipment, shall be in writing and shall state such information as the agency by rule may determine to be necessary to decide the technical and financial qualifications or any other qualifications of the applicant as the agency may deem reasonable and necessary to protect the occupational and public health and safety;

(2) The agency may at any time after the filing of the application and before the expiration of the license or registration require further written statements and may make such inspections as the agency may deem necessary in order to determine whether the license or registration should be granted or denied or whether the license or registration should be modified, suspended, or revoked;

(3) All applications and statements shall be signed by the applicant, licensee, or registrant;

(4) The agency may require any applications or statements to be made under oath or affirmation;

(5) Each license or registration shall be in a form and contain terms and conditions as the agency may by rule prescribe;

(6) No license or registration issued under this subchapter nor any right under a license or registration shall be transferred, assigned, or in any manner disposed of unless the agency shall, after securing full information, find that the transfer is in accordance with the provisions of this subchapter and shall give its consent in writing;

(7) The terms and conditions of all licenses or registrations shall be subject to amendment, revision, or modification by rules or orders issued in accordance with this subchapter;

(8) Licenses issued by the agency shall: (A) Be renewed every five (5) to ten (10) years based on risk factors as determined by the agency; and (B) Expire at a time specified by the agency; and

(A) Be renewed every five (5) to ten (10) years based on risk factors as determined by the agency; and

(B) Expire at a time specified by the agency; and

(9) Registrations issued shall: (A) Be renewed at a time specified by the agency; and (B) Expire one (1) year after issuance or at a time specified by the agency.

(A) Be renewed at a time specified by the agency; and

(B) Expire one (1) year after issuance or at a time specified by the agency.

Amended by Act 2021, No. 268,§ 5, eff. 7/28/2021.

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

Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516; Acts 1995, No. 796, § 2; 2003, No. 1119, §§ 1-3.
Ark. Code Ann. § 20-7-308 — AR Code / Title 20 / Chapter 7 / Subchapter 3 / Section 20-7-308
Repealer
Status: in_force

All laws and parts of laws in conflict with this subchapter are repealed, except that nothing in this subchapter shall be interpreted to repeal any provision which authorizes the Health Services Permit Agency to gather such data as may be necessary to conduct permit-of-approval activities. Acts 1995, No. 670, § 6.

All laws and parts of laws in conflict with this subchapter are repealed, except that nothing in this subchapter shall be interpreted to repeal any provision which authorizes the Health Services Permit Agency to gather such data as may be necessary to conduct permit-of-approval activities.

Acts 1995, No. 670, § 6.
Ark. Code Ann. § 20-7-612 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-612
Privacy rights protected
Status: in_force

This subchapter does not give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly, the courts, or the United States Constitution or the Arkansas Constitution other than to the extent provided in this subchapter. Acts 2011, No. 304, § 1.

This subchapter does not give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly, the courts, or the United States Constitution or the Arkansas Constitution other than to the extent provided in this subchapter.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-27-1807 — AR Code / Title 20 / Chapter 27 / Subchapter 18 / Section 20-27-1807
Rules - Promulgation and enforcement authority
Status: in_force

(a) The State Board of Health may adopt reasonable rules that it determines are necessary or useful to carry out the purposes or facilitate enforcement of this subchapter. (b) (1) The Department of Health and its authorized agents may enforce compliance with this subchapter and any rules adopted and promulgated under this subchapter by the board. (2) Under rules of the board, the department and its authorized agents may enter upon and inspect the premises of any public place or enclosed area within a place of employment at any reasonable time and in a reasonable manner. Amended by Act 2019, No. 315,§ 2122, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2121, eff. 7/24/2019. Acts 2006 (1st Ex. Sess.), No. 8, § 1.

(a) The State Board of Health may adopt reasonable rules that it determines are necessary or useful to carry out the purposes or facilitate enforcement of this subchapter.

(b) (1) The Department of Health and its authorized agents may enforce compliance with this subchapter and any rules adopted and promulgated under this subchapter by the board. (2) Under rules of the board, the department and its authorized agents may enter upon and inspect the premises of any public place or enclosed area within a place of employment at any reasonable time and in a reasonable manner.

(1) The Department of Health and its authorized agents may enforce compliance with this subchapter and any rules adopted and promulgated under this subchapter by the board.

(2) Under rules of the board, the department and its authorized agents may enter upon and inspect the premises of any public place or enclosed area within a place of employment at any reasonable time and in a reasonable manner.

Amended by Act 2019, No. 315,§ 2122, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2121, eff. 7/24/2019.

Acts 2006 (1st Ex. Sess.), No. 8, § 1.
Ark. Code Ann. § 20-47-801 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Behavioral Health Crisis Intervention Protocol Act of 2017". Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

This subchapter shall be known and may be cited as the "Behavioral Health Crisis Intervention Protocol Act of 2017".

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-27-2601 — AR Code / Title 20 / Chapter 27 / Subchapter 26 / Section 20-27-2601
Advertisements for gambling activities to include information concerning compulsive gambling disorders - Definitions
Status: in_force

(a) As used in this section: (1) "Gambling activity" means: (A) Casino gambling; (B) Horse racing; (C) Greyhound racing; (D) Electronic games of skill under § 23-113-103 ; (E) Lotteries conducted under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and (F) Lotteries of other states advertising in the state; and (2) "Gambling operator" means the operator of a gambling activity. (b) Except as provided in subdivisions (g)(1)(A) and (g)(2) of this section, an advertisement by a gambling operator for a gambling activity published or broadcast in this state shall include a toll-free helpline telephone number providing information and referral services concerning compulsive gambling disorders. (c) (1) In all printed, written, graphic, or internet advertising, the toll-free helpline telephone number required under this section shall be displayed in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in a size smaller than provided in subdivision (c)(2) of this section. (2) (A) Except as provided in subdivision (g)(1)(A) of this section, in outdoor advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall be displayed in not less than 36-point type print and not more than 50-point type print. (B) In all other printed, written, graphic, or internet advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall not be displayed in less than 8-point type print. (d) In all television advertising, the toll-free helpline telephone number required under this section shall: (1) Be clearly and conspicuously displayed; and (2) Remain on the screen for at least three (3) seconds. (e) Except as provided in subdivision (g)(2) of this section, in all radio advertising, the toll-free helpline telephone number required under this section shall be stated in a manner that is clear and understandable. (f) If a gambling operator operates a website that provides information about or access to a gambling activity, the toll-free telephone number required under this section shall be displayed on the website in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in less than 8-point type print. (g) (1) (A) This section does not apply to a billboard leased to a gambling operator as of July 27, 2011. (B) This section applies to a billboard leased to a gambling operator if the lease was executed by the gambling operator after July 27, 2011. (2) This section does not apply to a radio advertisement fifteen (15) seconds or less in length. Acts 2011, No. 1179, § 1.

(a) As used in this section: (1) "Gambling activity" means: (A) Casino gambling; (B) Horse racing; (C) Greyhound racing; (D) Electronic games of skill under § 23-113-103 ; (E) Lotteries conducted under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and (F) Lotteries of other states advertising in the state; and (2) "Gambling operator" means the operator of a gambling activity.

(1) "Gambling activity" means: (A) Casino gambling; (B) Horse racing; (C) Greyhound racing; (D) Electronic games of skill under § 23-113-103 ; (E) Lotteries conducted under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and (F) Lotteries of other states advertising in the state; and

(A) Casino gambling;

(B) Horse racing;

(C) Greyhound racing;

(D) Electronic games of skill under § 23-113-103 ;

(E) Lotteries conducted under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and

(F) Lotteries of other states advertising in the state; and

(2) "Gambling operator" means the operator of a gambling activity.

(b) Except as provided in subdivisions (g)(1)(A) and (g)(2) of this section, an advertisement by a gambling operator for a gambling activity published or broadcast in this state shall include a toll-free helpline telephone number providing information and referral services concerning compulsive gambling disorders.

(c) (1) In all printed, written, graphic, or internet advertising, the toll-free helpline telephone number required under this section shall be displayed in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in a size smaller than provided in subdivision (c)(2) of this section. (2) (A) Except as provided in subdivision (g)(1)(A) of this section, in outdoor advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall be displayed in not less than 36-point type print and not more than 50-point type print. (B) In all other printed, written, graphic, or internet advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall not be displayed in less than 8-point type print.

(1) In all printed, written, graphic, or internet advertising, the toll-free helpline telephone number required under this section shall be displayed in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in a size smaller than provided in subdivision (c)(2) of this section.

(2) (A) Except as provided in subdivision (g)(1)(A) of this section, in outdoor advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall be displayed in not less than 36-point type print and not more than 50-point type print. (B) In all other printed, written, graphic, or internet advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall not be displayed in less than 8-point type print.

(A) Except as provided in subdivision (g)(1)(A) of this section, in outdoor advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall be displayed in not less than 36-point type print and not more than 50-point type print.

(B) In all other printed, written, graphic, or internet advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall not be displayed in less than 8-point type print.

(d) In all television advertising, the toll-free helpline telephone number required under this section shall: (1) Be clearly and conspicuously displayed; and (2) Remain on the screen for at least three (3) seconds.

(1) Be clearly and conspicuously displayed; and

(2) Remain on the screen for at least three (3) seconds.

(e) Except as provided in subdivision (g)(2) of this section, in all radio advertising, the toll-free helpline telephone number required under this section shall be stated in a manner that is clear and understandable.

(f) If a gambling operator operates a website that provides information about or access to a gambling activity, the toll-free telephone number required under this section shall be displayed on the website in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in less than 8-point type print.

(g) (1) (A) This section does not apply to a billboard leased to a gambling operator as of July 27, 2011. (B) This section applies to a billboard leased to a gambling operator if the lease was executed by the gambling operator after July 27, 2011. (2) This section does not apply to a radio advertisement fifteen (15) seconds or less in length.

(1) (A) This section does not apply to a billboard leased to a gambling operator as of July 27, 2011. (B) This section applies to a billboard leased to a gambling operator if the lease was executed by the gambling operator after July 27, 2011.

(A) This section does not apply to a billboard leased to a gambling operator as of July 27, 2011.

(B) This section applies to a billboard leased to a gambling operator if the lease was executed by the gambling operator after July 27, 2011.

(2) This section does not apply to a radio advertisement fifteen (15) seconds or less in length.

Acts 2011, No. 1179, § 1.
Ark. Code Ann. § 20-14-904 — AR Code / Title 20 / Chapter 14 / Subchapter 9 / Section 20-14-904
Remedies
Status: in_force

(a) A qualified individual alleging a violation of this subchapter may bring an action in the appropriate circuit court for injunctive or other equitable relief. (b) Unless otherwise prohibited by Arkansas Constitution, Amendment 80, the court shall: (1) Schedule a hearing as soon as possible; and (2) Proceed expeditiously with an action alleging a violation of this subchapter. (c) This section does not limit or replace remedies available under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., or any other applicable law. Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.

(a) A qualified individual alleging a violation of this subchapter may bring an action in the appropriate circuit court for injunctive or other equitable relief.

(b) Unless otherwise prohibited by Arkansas Constitution, Amendment 80, the court shall: (1) Schedule a hearing as soon as possible; and (2) Proceed expeditiously with an action alleging a violation of this subchapter.

(1) Schedule a hearing as soon as possible; and

(2) Proceed expeditiously with an action alleging a violation of this subchapter.

(c) This section does not limit or replace remedies available under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., or any other applicable law.

Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 20-77-119 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-119
Finding - Resource eligibility limit
Status: in_force

(a) The General Assembly finds that: (1) The income of many elderly Arkansans slightly exceeds the Medicaid eligibility level; (2) Without adequate health care, many elderly Arkansans will develop more serious health problems, causing them to become debilitated and resulting in loss of independence, higher health costs, and possibly death; and (3) Expanded Medicaid coverage would improve the health of elderly Arkansans, extend their lives, and reduce their health costs. (b) When funds become available, the Department of Human Services shall raise the resource eligibility limit for persons sixty-five (65) years of age and over to four thousand dollars ($4,000) for a single individual and six thousand dollars ($6,000) for a married couple. Acts 2001, No. 1086, §§ 1, 2.

(a) The General Assembly finds that: (1) The income of many elderly Arkansans slightly exceeds the Medicaid eligibility level; (2) Without adequate health care, many elderly Arkansans will develop more serious health problems, causing them to become debilitated and resulting in loss of independence, higher health costs, and possibly death; and (3) Expanded Medicaid coverage would improve the health of elderly Arkansans, extend their lives, and reduce their health costs.

(1) The income of many elderly Arkansans slightly exceeds the Medicaid eligibility level;

(2) Without adequate health care, many elderly Arkansans will develop more serious health problems, causing them to become debilitated and resulting in loss of independence, higher health costs, and possibly death; and

(3) Expanded Medicaid coverage would improve the health of elderly Arkansans, extend their lives, and reduce their health costs.

(b) When funds become available, the Department of Human Services shall raise the resource eligibility limit for persons sixty-five (65) years of age and over to four thousand dollars ($4,000) for a single individual and six thousand dollars ($6,000) for a married couple.

Acts 2001, No. 1086, §§ 1, 2.
Ark. Code Ann. § 20-10-404 — AR Code / Title 20 / Chapter 10 / Subchapter 4 / Section 20-10-404
Application and fees
Status: in_force

(a) Any person desiring to be licensed as a nursing home administrator shall make application to the Office of Long-Term Care on forms prescribed by the office and shall furnish such information with the application as shall be required by the office. (b) An applicant shall complete the licensure process within one and one-half (11/2) years from the date of application approval for licensure. (c) Each application shall be accompanied by a licensure fee of one hundred dollars ($100), one-half (1/2) of which shall be refunded to the applicant if he or she is refused licensure by the office. (d) This section and §§ 20-10-405 and 20-10-408 only apply to nursing home administrators and are not intended to require administrators in other kinds of long-term care facilities unless provided by rule. Amended by Act 2019, No. 315,§ 1876, eff. 7/24/2019. Acts 1985, No. 884, § 5; 1985, No. 968, § 5; A.S.A. 1947, § 82-2235; Acts 1987, No. 320, § 1.

(a) Any person desiring to be licensed as a nursing home administrator shall make application to the Office of Long-Term Care on forms prescribed by the office and shall furnish such information with the application as shall be required by the office.

(b) An applicant shall complete the licensure process within one and one-half (11/2) years from the date of application approval for licensure.

(c) Each application shall be accompanied by a licensure fee of one hundred dollars ($100), one-half (1/2) of which shall be refunded to the applicant if he or she is refused licensure by the office.

(d) This section and §§ 20-10-405 and 20-10-408 only apply to nursing home administrators and are not intended to require administrators in other kinds of long-term care facilities unless provided by rule.

Amended by Act 2019, No. 315,§ 1876, eff. 7/24/2019.

Acts 1985, No. 884, § 5; 1985, No. 968, § 5; A.S.A. 1947, § 82-2235; Acts 1987, No. 320, § 1.
Ark. Code Ann. § 20-10-806 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-806
Administration - Rules and standards
Status: in_force

(a) This subchapter shall be administered by the Division of Health Facilities Services. (b) (1) The State Board of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter. (2) The rules and standards shall be amended or rescinded from time to time by the board as may be in the public interest, after first complying with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) Rules under this subchapter shall: (A) (i) Require that a qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse. (ii) The frequency of in-person visits shall be at least annually. (iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and (B) Not require: (i) A registered nurse to visit a patient every sixty-two (62) days to supervise services; (ii) For any home healthcare services agency in existence as of April 1, 2021, or licensed afterwards: (a) More than one (1) branch office or other place of business to be physically located in the state; or (b) A separate license indicating a geographic limitation with respect to the provision of services; or (iii) A branch office of a home healthcare services agency that only provides unskilled home healthcare services to be within a one-hundred-mile radius of a patient's home. Amended by Act 2021, No. 817,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1883, eff. 7/24/2019. Amended by Act 2019, No. 811,§ 2, eff. 7/24/2019. Acts 1987, No. 956, § 3.

(a) This subchapter shall be administered by the Division of Health Facilities Services.

(b) (1) The State Board of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter. (2) The rules and standards shall be amended or rescinded from time to time by the board as may be in the public interest, after first complying with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) Rules under this subchapter shall: (A) (i) Require that a qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse. (ii) The frequency of in-person visits shall be at least annually. (iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and (B) Not require: (i) A registered nurse to visit a patient every sixty-two (62) days to supervise services; (ii) For any home healthcare services agency in existence as of April 1, 2021, or licensed afterwards: (a) More than one (1) branch office or other place of business to be physically located in the state; or (b) A separate license indicating a geographic limitation with respect to the provision of services; or (iii) A branch office of a home healthcare services agency that only provides unskilled home healthcare services to be within a one-hundred-mile radius of a patient's home.

(1) The State Board of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter.

(2) The rules and standards shall be amended or rescinded from time to time by the board as may be in the public interest, after first complying with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) Rules under this subchapter shall: (A) (i) Require that a qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse. (ii) The frequency of in-person visits shall be at least annually. (iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and (B) Not require: (i) A registered nurse to visit a patient every sixty-two (62) days to supervise services; (ii) For any home healthcare services agency in existence as of April 1, 2021, or licensed afterwards: (a) More than one (1) branch office or other place of business to be physically located in the state; or (b) A separate license indicating a geographic limitation with respect to the provision of services; or (iii) A branch office of a home healthcare services agency that only provides unskilled home healthcare services to be within a one-hundred-mile radius of a patient's home.

(A) (i) Require that a qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse. (ii) The frequency of in-person visits shall be at least annually. (iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and

(i) Require that a qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse.

(ii) The frequency of in-person visits shall be at least annually.

(iii) (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education. (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and

(a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education.

(b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and

(B) Not require: (i) A registered nurse to visit a patient every sixty-two (62) days to supervise services; (ii) For any home healthcare services agency in existence as of April 1, 2021, or licensed afterwards: (a) More than one (1) branch office or other place of business to be physically located in the state; or (b) A separate license indicating a geographic limitation with respect to the provision of services; or (iii) A branch office of a home healthcare services agency that only provides unskilled home healthcare services to be within a one-hundred-mile radius of a patient's home.

(i) A registered nurse to visit a patient every sixty-two (62) days to supervise services;

(ii) For any home healthcare services agency in existence as of April 1, 2021, or licensed afterwards: (a) More than one (1) branch office or other place of business to be physically located in the state; or (b) A separate license indicating a geographic limitation with respect to the provision of services; or

(a) More than one (1) branch office or other place of business to be physically located in the state; or

(b) A separate license indicating a geographic limitation with respect to the provision of services; or

(iii) A branch office of a home healthcare services agency that only provides unskilled home healthcare services to be within a one-hundred-mile radius of a patient's home.

Amended by Act 2021, No. 817,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1883, eff. 7/24/2019.

Amended by Act 2019, No. 811,§ 2, eff. 7/24/2019.

Acts 1987, No. 956, § 3.
Ark. Code Ann. § 20-48-507 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-507
Revenue bonds secured by pledge of gross charges and surplus charges - Definition
Status: in_force

(a) The principal of, interest on, and paying agent's fees in connection with the revenue bonds of each issue shall be secured by a pledge of and payable in the first instance from the gross charges imposed by the Board of Developmental Disabilities Services pursuant to the provisions of § 20-48-411 applicable to the particular properties financed in whole or in part by the proceeds of the bonds of the particular issue involved. (b) (1) In addition, the board is authorized to pledge and to use for the payment of the principal of and interest on the bonds of any issue, and paying agent's fees, surplus charges applicable to existing properties and any other properties operated by the board, whether or not the other properties were financed in whole or in part by bonds issued under this subchapter. (2) "Surplus charges", as that term is used in this section, means gross charges which are not pledged to any bond issue and also that amount of any charges that are pledged which is in excess of the amount necessary to meet all requirements of resolutions securing bonds to finance the particular properties to the payment of which the charges are specifically pledged. (c) As specified in this subchapter, the resolution of the board pledging specific charges can control priorities as to the lien on the charges between successive issues. (d) In addition, the board is authorized to use, as distinguished from pledge, any available revenues and funds of the board, including without limitation appropriated and cash funds, if available. (e) All charges assessed and collected by the board pursuant to the authority conferred by § 20-48-411 are specifically declared to be cash funds and may be collected and deposited into such banks and depositories as shall be determined from time to time by the board. (f) Furthermore, in connection with any charges which are pledged to the payment of any issue of bonds pursuant to this subchapter, the board is expressly authorized to make such agreements and contracts with the bondholders, or the trustee for the bondholders, embodied in a resolution or trust indenture, referred to above, authorizing and securing the particular issue of bonds, with reference to the maintenance of the maximum possible occupancy and the maintenance of charges at a specified level, as the board may determine to be necessary or desirable in connection with the issuance of bonds on the most favorable terms possible. Acts 1963, No. 186, § 7; A.S.A. 1947, § 59-1122.

(a) The principal of, interest on, and paying agent's fees in connection with the revenue bonds of each issue shall be secured by a pledge of and payable in the first instance from the gross charges imposed by the Board of Developmental Disabilities Services pursuant to the provisions of § 20-48-411 applicable to the particular properties financed in whole or in part by the proceeds of the bonds of the particular issue involved.

(b) (1) In addition, the board is authorized to pledge and to use for the payment of the principal of and interest on the bonds of any issue, and paying agent's fees, surplus charges applicable to existing properties and any other properties operated by the board, whether or not the other properties were financed in whole or in part by bonds issued under this subchapter. (2) "Surplus charges", as that term is used in this section, means gross charges which are not pledged to any bond issue and also that amount of any charges that are pledged which is in excess of the amount necessary to meet all requirements of resolutions securing bonds to finance the particular properties to the payment of which the charges are specifically pledged.

(1) In addition, the board is authorized to pledge and to use for the payment of the principal of and interest on the bonds of any issue, and paying agent's fees, surplus charges applicable to existing properties and any other properties operated by the board, whether or not the other properties were financed in whole or in part by bonds issued under this subchapter.

(2) "Surplus charges", as that term is used in this section, means gross charges which are not pledged to any bond issue and also that amount of any charges that are pledged which is in excess of the amount necessary to meet all requirements of resolutions securing bonds to finance the particular properties to the payment of which the charges are specifically pledged.

(c) As specified in this subchapter, the resolution of the board pledging specific charges can control priorities as to the lien on the charges between successive issues.

(d) In addition, the board is authorized to use, as distinguished from pledge, any available revenues and funds of the board, including without limitation appropriated and cash funds, if available.

(e) All charges assessed and collected by the board pursuant to the authority conferred by § 20-48-411 are specifically declared to be cash funds and may be collected and deposited into such banks and depositories as shall be determined from time to time by the board.

(f) Furthermore, in connection with any charges which are pledged to the payment of any issue of bonds pursuant to this subchapter, the board is expressly authorized to make such agreements and contracts with the bondholders, or the trustee for the bondholders, embodied in a resolution or trust indenture, referred to above, authorizing and securing the particular issue of bonds, with reference to the maintenance of the maximum possible occupancy and the maintenance of charges at a specified level, as the board may determine to be necessary or desirable in connection with the issuance of bonds on the most favorable terms possible.

Acts 1963, No. 186, § 7; A.S.A. 1947, § 59-1122.
Ark. Code Ann. § 20-25-104 — AR Code / Title 20 / Chapter 25 / Section 20-25-104
Penalties
Status: in_force

(a) It shall be deemed a violation of this chapter: (1) For any manufacturer or retailer of manufactured homes to fail to correct a code violation within a reasonable time, not to exceed ninety (90) days, of being ordered to do so in writing by an authorized representative of the Director of the Arkansas Manufactured Home Commission if the manufacturer or retailer manufactured or sold the manufactured home after March 14, 1977; or (2) For any person to interfere with, obstruct, or hinder any authorized representative of the Director of the Arkansas Manufactured Home Commission in the performance of his or her duty. In seeking to determine whether a manufacturer or retailer has violated this chapter, the Director of the Arkansas Manufactured Home Commission shall have full authority to convene hearings and issue orders pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which is incorporated by reference. (b) Any individual or director, officer, or agent of a corporation who knowingly violates this chapter in a manner that threatens the health or safety of any purchaser shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both, for each violation. (c) (1) (A) Whoever violates any provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or final order issued pursuant to it shall be liable to the State of Arkansas for a civil penalty established by the rules promulgated by the Arkansas Manufactured Home Commission and approved by the General Assembly. (B) Each violation of a provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or order issued pursuant to it shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby. (C) The maximum civil penalty shall not exceed the amount established under subdivision (c)(1)(A) of this section for any related series of violations occurring within one (1) year from the date of the first violation. (2) Any individual or a director, officer, or agent of a corporation who knowingly violates Section 610 of Title VI of Pub. L. No. 93-383 in a manner that threatens the health or safety of any purchaser shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one (1) year, or both. (d) (1) If a manufactured home retailer or manufacturer violates any of the provisions of this chapter or any rules governing the manufactured home program, the retailer or manufacturer may be enjoined from selling any manufactured home until the retailer or manufacturer meets all the requirements of this chapter and rules promulgated pursuant to this chapter. (2) If any manufactured home installer violates any provision of this chapter or any rule relating to the federal Manufactured Home Construction and Safety Standards, the installer shall be enjoined from installing manufactured homes until the violations are corrected. (3) Whenever practicable, the Director of the Arkansas Manufactured Home Commission shall give notice to any person against whom an action for injunctive relief is contemplated and shall afford the person an opportunity to present his or her views, but the failure to give notice and afford an opportunity shall not preclude the granting of appropriate relief. Amended by Act 2023, No. 391,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2079, eff. 7/24/2019. Acts 1977, No. 419, § 10; 1981, No. 533, § 10; 1983, No. 416, § 1; A.S.A. 1947, § 82-3024; Acts 2001, No. 1067, § 2; 2007, No. 827, § 166.

(a) It shall be deemed a violation of this chapter: (1) For any manufacturer or retailer of manufactured homes to fail to correct a code violation within a reasonable time, not to exceed ninety (90) days, of being ordered to do so in writing by an authorized representative of the Director of the Arkansas Manufactured Home Commission if the manufacturer or retailer manufactured or sold the manufactured home after March 14, 1977; or (2) For any person to interfere with, obstruct, or hinder any authorized representative of the Director of the Arkansas Manufactured Home Commission in the performance of his or her duty. In seeking to determine whether a manufacturer or retailer has violated this chapter, the Director of the Arkansas Manufactured Home Commission shall have full authority to convene hearings and issue orders pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which is incorporated by reference.

(1) For any manufacturer or retailer of manufactured homes to fail to correct a code violation within a reasonable time, not to exceed ninety (90) days, of being ordered to do so in writing by an authorized representative of the Director of the Arkansas Manufactured Home Commission if the manufacturer or retailer manufactured or sold the manufactured home after March 14, 1977; or

(2) For any person to interfere with, obstruct, or hinder any authorized representative of the Director of the Arkansas Manufactured Home Commission in the performance of his or her duty. In seeking to determine whether a manufacturer or retailer has violated this chapter, the Director of the Arkansas Manufactured Home Commission shall have full authority to convene hearings and issue orders pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which is incorporated by reference.

(b) Any individual or director, officer, or agent of a corporation who knowingly violates this chapter in a manner that threatens the health or safety of any purchaser shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both, for each violation.

(c) (1) (A) Whoever violates any provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or final order issued pursuant to it shall be liable to the State of Arkansas for a civil penalty established by the rules promulgated by the Arkansas Manufactured Home Commission and approved by the General Assembly. (B) Each violation of a provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or order issued pursuant to it shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby. (C) The maximum civil penalty shall not exceed the amount established under subdivision (c)(1)(A) of this section for any related series of violations occurring within one (1) year from the date of the first violation. (2) Any individual or a director, officer, or agent of a corporation who knowingly violates Section 610 of Title VI of Pub. L. No. 93-383 in a manner that threatens the health or safety of any purchaser shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one (1) year, or both.

(1) (A) Whoever violates any provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or final order issued pursuant to it shall be liable to the State of Arkansas for a civil penalty established by the rules promulgated by the Arkansas Manufactured Home Commission and approved by the General Assembly. (B) Each violation of a provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or order issued pursuant to it shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby. (C) The maximum civil penalty shall not exceed the amount established under subdivision (c)(1)(A) of this section for any related series of violations occurring within one (1) year from the date of the first violation.

(A) Whoever violates any provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or final order issued pursuant to it shall be liable to the State of Arkansas for a civil penalty established by the rules promulgated by the Arkansas Manufactured Home Commission and approved by the General Assembly.

(B) Each violation of a provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or order issued pursuant to it shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby.

(C) The maximum civil penalty shall not exceed the amount established under subdivision (c)(1)(A) of this section for any related series of violations occurring within one (1) year from the date of the first violation.

(2) Any individual or a director, officer, or agent of a corporation who knowingly violates Section 610 of Title VI of Pub. L. No. 93-383 in a manner that threatens the health or safety of any purchaser shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one (1) year, or both.

(d) (1) If a manufactured home retailer or manufacturer violates any of the provisions of this chapter or any rules governing the manufactured home program, the retailer or manufacturer may be enjoined from selling any manufactured home until the retailer or manufacturer meets all the requirements of this chapter and rules promulgated pursuant to this chapter. (2) If any manufactured home installer violates any provision of this chapter or any rule relating to the federal Manufactured Home Construction and Safety Standards, the installer shall be enjoined from installing manufactured homes until the violations are corrected. (3) Whenever practicable, the Director of the Arkansas Manufactured Home Commission shall give notice to any person against whom an action for injunctive relief is contemplated and shall afford the person an opportunity to present his or her views, but the failure to give notice and afford an opportunity shall not preclude the granting of appropriate relief.

(1) If a manufactured home retailer or manufacturer violates any of the provisions of this chapter or any rules governing the manufactured home program, the retailer or manufacturer may be enjoined from selling any manufactured home until the retailer or manufacturer meets all the requirements of this chapter and rules promulgated pursuant to this chapter.

(2) If any manufactured home installer violates any provision of this chapter or any rule relating to the federal Manufactured Home Construction and Safety Standards, the installer shall be enjoined from installing manufactured homes until the violations are corrected.

(3) Whenever practicable, the Director of the Arkansas Manufactured Home Commission shall give notice to any person against whom an action for injunctive relief is contemplated and shall afford the person an opportunity to present his or her views, but the failure to give notice and afford an opportunity shall not preclude the granting of appropriate relief.

Amended by Act 2023, No. 391,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2079, eff. 7/24/2019.

Acts 1977, No. 419, § 10; 1981, No. 533, § 10; 1983, No. 416, § 1; A.S.A. 1947, § 82-3024; Acts 2001, No. 1067, § 2; 2007, No. 827, § 166.
Ark. Code Ann. § 20-17-1026 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1026
Annual permit fee
Status: in_force

(a) Within seventy-five (75) days after the end of the calendar year, each permit holder shall pay to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a permit renewal fee in the amount of one hundred dollars ($100). (b) All annual permit fees shall be classified as general funds of the board and shall be used to make loans to receivers and conservators as provided in § 20-17-1025 . Amended by Act 2021, No. 731,§ 13, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 57, eff. 7/1/2018. Acts 2001, No. 1242, § 6; 2005, No. 2169, § 5.

(a) Within seventy-five (75) days after the end of the calendar year, each permit holder shall pay to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a permit renewal fee in the amount of one hundred dollars ($100).

(b) All annual permit fees shall be classified as general funds of the board and shall be used to make loans to receivers and conservators as provided in § 20-17-1025 .

Amended by Act 2021, No. 731,§ 13, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 57, eff. 7/1/2018.

Acts 2001, No. 1242, § 6; 2005, No. 2169, § 5.
Ark. Code Ann. § 20-10-203 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-203
Powers and duties
Status: in_force

(a) The Office of Long-Term Care is designated as the unit of state government primarily responsible for the inspection, regulation, and licensure of long-term care facilities and the regulation and licensure of long-term care facility administrators. (b) The office may promulgate such rules not inconsistent with this chapter as it shall deem necessary or desirable to properly and efficiently carry out the purposes and intent of this chapter. Amended by Act 2019, No. 315,§ 1858, eff. 7/24/2019. Acts 1969, No. 58, § 13; 1979, No. 28, § 4; A.S.A. 1947, §§ 82-2213, 82-2219.

(a) The Office of Long-Term Care is designated as the unit of state government primarily responsible for the inspection, regulation, and licensure of long-term care facilities and the regulation and licensure of long-term care facility administrators.

(b) The office may promulgate such rules not inconsistent with this chapter as it shall deem necessary or desirable to properly and efficiently carry out the purposes and intent of this chapter.

Amended by Act 2019, No. 315,§ 1858, eff. 7/24/2019.

Acts 1969, No. 58, § 13; 1979, No. 28, § 4; A.S.A. 1947, §§ 82-2213, 82-2219.
Ark. Code Ann. § 20-58-212 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-212
Retail sales
Status: in_force

(a) Any and all eggs offered for sale at retail shall be prepackaged. (b) All eggs offered for sale at retail shall be plainly marked as to grade and size with letters not less than three-eighths inch (3/8") in height. (c) Each container of eggs offered for sale at retail shall bear on the exterior of the container the following: (1) The identity of the packer must be by registry of United States Department of Agriculture plant number or by state permit number or name of packer; (2) The date the eggs were packed; and (3) The correct grade and size of the eggs. Acts 1969, No. 220, §§ 9-11; A.S.A. 1947, §§ 82-1310 -- 82-1312.

(a) Any and all eggs offered for sale at retail shall be prepackaged.

(b) All eggs offered for sale at retail shall be plainly marked as to grade and size with letters not less than three-eighths inch (3/8") in height.

(c) Each container of eggs offered for sale at retail shall bear on the exterior of the container the following: (1) The identity of the packer must be by registry of United States Department of Agriculture plant number or by state permit number or name of packer; (2) The date the eggs were packed; and (3) The correct grade and size of the eggs.

(1) The identity of the packer must be by registry of United States Department of Agriculture plant number or by state permit number or name of packer;

(2) The date the eggs were packed; and

(3) The correct grade and size of the eggs.

Acts 1969, No. 220, §§ 9-11; A.S.A. 1947, §§ 82-1310 -- 82-1312.
Ark. Code Ann. § 20-64-205 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-205
Sale on written orders
Status: in_force

(1) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders: (a) To a manufacturer, wholesaler, or apothecary; (b) To a physician, dentist, or veterinarian; (c) To a person in charge of a hospital, but only for use by or in that hospital; (d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes. (2) A duly licensed manufacturer or wholesaler may sell narcotic drugs to any of the following persons: (a) On a special written order accompanied by a certificate of exemption, as required by the federal narcotic laws, to a person in the employ of the United States Government or of any state, territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties; (b) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his profession, or to a retired commissioned medical officer of the United States Army, the United States Navy, or the United States Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board of such ship or aircraft, when not in port. Provided: Such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned medical officer of the United States Army, the United States Navy, or the United States Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service; (c) To a person in a foreign country if the provisions of the federal narcotic laws are complied with. (3) Use of Official Written Orders. An official written order for any narcotic drug shall be signed in quadruplicate by the person giving said order or his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein, and one (1) copy shall be sent to the Secretary of the Department of Health not later than the 10th of the month following the month during which the order was made. In event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two (2) years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this subchapter. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the federal narcotic laws, respecting the requirements governing the use of order forms, and the purchaser has sent a signed copy of the order to the secretary as aforesaid. (4) Possession Lawful. Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor. (5) A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivisions thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his profession, or a retired commissioned medical officer of the United States Army, the United States Navy, or the United States Public Health Service employed upon such ship or aircraft who obtains narcotic drugs under the provisions of this section or otherwise, shall not administer nor dispense nor otherwise use such drugs, within this state, except within the scope of his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this subchapter. Amended by Act 2019, No. 910,§ 5092, eff. 7/1/2019. Acts 1937, No. 344, § 5; Pope's Dig., § 10130; Acts 1941, No. 324, §§ 3, 4; 1961, No. 417, § 1; A.S.A. 1947, § 82-1005.

(1) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders: (a) To a manufacturer, wholesaler, or apothecary; (b) To a physician, dentist, or veterinarian; (c) To a person in charge of a hospital, but only for use by or in that hospital; (d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.

(a) To a manufacturer, wholesaler, or apothecary;

(b) To a physician, dentist, or veterinarian;

(c) To a person in charge of a hospital, but only for use by or in that hospital;

(d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.

(2) A duly licensed manufacturer or wholesaler may sell narcotic drugs to any of the following persons: (a) On a special written order accompanied by a certificate of exemption, as required by the federal narcotic laws, to a person in the employ of the United States Government or of any state, territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties; (b) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his profession, or to a retired commissioned medical officer of the United States Army, the United States Navy, or the United States Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board of such ship or aircraft, when not in port. Provided: Such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned medical officer of the United States Army, the United States Navy, or the United States Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service; (c) To a person in a foreign country if the provisions of the federal narcotic laws are complied with.

(a) On a special written order accompanied by a certificate of exemption, as required by the federal narcotic laws, to a person in the employ of the United States Government or of any state, territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties;

(b) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his profession, or to a retired commissioned medical officer of the United States Army, the United States Navy, or the United States Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board of such ship or aircraft, when not in port. Provided: Such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned medical officer of the United States Army, the United States Navy, or the United States Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service;

(c) To a person in a foreign country if the provisions of the federal narcotic laws are complied with.

(3) Use of Official Written Orders. An official written order for any narcotic drug shall be signed in quadruplicate by the person giving said order or his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein, and one (1) copy shall be sent to the Secretary of the Department of Health not later than the 10th of the month following the month during which the order was made. In event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two (2) years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this subchapter. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the federal narcotic laws, respecting the requirements governing the use of order forms, and the purchaser has sent a signed copy of the order to the secretary as aforesaid.

(4) Possession Lawful. Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor.

(5) A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivisions thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his profession, or a retired commissioned medical officer of the United States Army, the United States Navy, or the United States Public Health Service employed upon such ship or aircraft who obtains narcotic drugs under the provisions of this section or otherwise, shall not administer nor dispense nor otherwise use such drugs, within this state, except within the scope of his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 5092, eff. 7/1/2019.

Acts 1937, No. 344, § 5; Pope's Dig., § 10130; Acts 1941, No. 324, §§ 3, 4; 1961, No. 417, § 1; A.S.A. 1947, § 82-1005.
Ark. Code Ann. § 20-17-1407 — AR Code / Title 20 / Chapter 17 / Subchapter 14 / Section 20-17-1407
Nonliability
Status: in_force

A person, funeral establishment, veterans service organization, or Department of Veterans Affairs or the United States Department of Veterans Affairs shall not be civilly liable for possessing, delivering, cremating, storing, disposing, or handling in any lawful manner the remains of a decedent under this subchapter. Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.

A person, funeral establishment, veterans service organization, or Department of Veterans Affairs or the United States Department of Veterans Affairs shall not be civilly liable for possessing, delivering, cremating, storing, disposing, or handling in any lawful manner the remains of a decedent under this subchapter.

Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-9-1504 — AR Code / Title 20 / Chapter 9 / Subchapter 15 / Section 20-9-1504
Enforcement
Status: in_force

(a) Any referral for or provision of gender transition procedures to an individual under eighteen (18) years of age is unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state. (b) A person may assert an actual or threatened violation of this subchapter as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief. (c) (1) A person shall bring a claim for a violation of this subchapter no later than two (2) years after the day the cause of action accrues. (2) An individual under eighteen (18) years of age may bring an action throughout their minority through a parent or next friend, and may bring an action in their own name upon reaching majority at any time from that point until twenty (20) years after reaching the age of majority. (d) Notwithstanding any other provision of law, an action under this subchapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. (e) In any action or proceeding to enforce a provision of this subchapter, a prevailing party who establishes a violation of this subchapter shall recover reasonable attorneys' fees. (f) (1) The Attorney General may bring an action to enforce compliance with this subchapter. (2) This subchapter does not deny, impair, or otherwise affect any right or authority of the Attorney General, the State of Arkansas, or any agency, officer, or employee of the state, acting under any law other than this subchapter, to institute or intervene in any proceeding. Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.

(a) Any referral for or provision of gender transition procedures to an individual under eighteen (18) years of age is unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state.

(b) A person may assert an actual or threatened violation of this subchapter as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief.

(c) (1) A person shall bring a claim for a violation of this subchapter no later than two (2) years after the day the cause of action accrues. (2) An individual under eighteen (18) years of age may bring an action throughout their minority through a parent or next friend, and may bring an action in their own name upon reaching majority at any time from that point until twenty (20) years after reaching the age of majority.

(1) A person shall bring a claim for a violation of this subchapter no later than two (2) years after the day the cause of action accrues.

(2) An individual under eighteen (18) years of age may bring an action throughout their minority through a parent or next friend, and may bring an action in their own name upon reaching majority at any time from that point until twenty (20) years after reaching the age of majority.

(d) Notwithstanding any other provision of law, an action under this subchapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

(e) In any action or proceeding to enforce a provision of this subchapter, a prevailing party who establishes a violation of this subchapter shall recover reasonable attorneys' fees.

(f) (1) The Attorney General may bring an action to enforce compliance with this subchapter. (2) This subchapter does not deny, impair, or otherwise affect any right or authority of the Attorney General, the State of Arkansas, or any agency, officer, or employee of the state, acting under any law other than this subchapter, to institute or intervene in any proceeding.

(1) The Attorney General may bring an action to enforce compliance with this subchapter.

(2) This subchapter does not deny, impair, or otherwise affect any right or authority of the Attorney General, the State of Arkansas, or any agency, officer, or employee of the state, acting under any law other than this subchapter, to institute or intervene in any proceeding.

Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-17-1027 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1027
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 58, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 8, eff. 8/16/2013. Acts 2005, No. 2169, § 6; 2009, No. 715, § 11.

Repealed by Act 2017, No. 788,§ 58, eff. 7/1/2018.

Amended by Act 2013, No. 390,§ 8, eff. 8/16/2013.

Acts 2005, No. 2169, § 6; 2009, No. 715, § 11.
Ark. Code Ann. § 20-29-107 — AR Code / Title 20 / Chapter 29 / Section 20-29-107
Appeals
Status: in_force

(a) (1) Appeals from a decision of the Arkansas Manufactured Home Commission shall be to the circuit court in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) The appeal shall stay that portion of the commission order which directs payment of the damages. Neither the respondent nor the commission shall be required to pay damages to the complainant until such time as a final order of the circuit court, Court of Appeals, or Supreme Court is issued. (b) On appeal, the circuit court jurisdiction in awarding damages to be paid from the Manufactured Housing Recovery Fund shall be limited in amount to: (1) The amount determined by the commission; or (2) The limits set forth in § 20-29-106(c) . The court shall not award attorney's fees or court costs to be paid by the fund. Acts 1987, No. 346, § 3.

(a) (1) Appeals from a decision of the Arkansas Manufactured Home Commission shall be to the circuit court in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) The appeal shall stay that portion of the commission order which directs payment of the damages. Neither the respondent nor the commission shall be required to pay damages to the complainant until such time as a final order of the circuit court, Court of Appeals, or Supreme Court is issued.

(1) Appeals from a decision of the Arkansas Manufactured Home Commission shall be to the circuit court in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(2) The appeal shall stay that portion of the commission order which directs payment of the damages. Neither the respondent nor the commission shall be required to pay damages to the complainant until such time as a final order of the circuit court, Court of Appeals, or Supreme Court is issued.

(b) On appeal, the circuit court jurisdiction in awarding damages to be paid from the Manufactured Housing Recovery Fund shall be limited in amount to: (1) The amount determined by the commission; or (2) The limits set forth in § 20-29-106(c) . The court shall not award attorney's fees or court costs to be paid by the fund.

(1) The amount determined by the commission; or

(2) The limits set forth in § 20-29-106(c) . The court shall not award attorney's fees or court costs to be paid by the fund.

Acts 1987, No. 346, § 3.
Ark. Code Ann. § 20-57-503 — AR Code / Title 20 / Chapter 57 / Subchapter 5 / Section 20-57-503
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Delivery" means the transfer of a homemade food or drink product resulting from a transaction between a producer and an informed end consumer. (B) "Delivery" includes the transfer of a homemade food or drink product to an informed end consumer by the producer or producer's designated agent at a farm, ranch, farmers' market, home, office, or any location permitted under this subchapter or agreed to between the producer and the informed end consumer; (2) "Farmers' market" means a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products, and other items permitted under this subchapter directly to consumers; (3) "Homemade food or drink product" means a food or drink product that is processed at the private residence of the producer, including a farm or ranch where the producer resides, that is exempt from state licensure, inspection, certification, and packaging and labeling requirements, and that is non-time/temperature control for safety food; (4) "Informed end consumer" means a person who: (A) Is the last person to purchase any homemade food or drink product; (B) Does not resell the homemade food or drink product; and (C) Has been informed that the homemade food or drink product: (i) Is not regulated, inspected, certified, or subject to state packaging or labeling requirements; and (ii) Has not been processed in a facility that is subject to state licensing, permitting, inspection, or regulation; (5) (A) "Non-time/temperature control for safety food" means food that does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the Department of Health. (B) "Non-time/temperature control for safety food" includes without limitation pickled cucumbers and other acidified vegetables that have an equilibrium pH value of 4.6 or less if: (i) (a) The recipe: (1) Is from a source approved by the department; or (2) Has been tested by an appropriately certified laboratory that confirmed the finished product has an equilibrium pH value of 4.6 or less. (b) If a recipe is not as described in subdivision (5)(B)(i) (a) of this section, the producer shall test each batch of the recipe with a calibrated pH meter to confirm the finished product has an equilibrium pH value of 4.6 or less; (ii) The batch is labeled with a unique number; and (iii) The producer maintains records that include: (a) The batch number; (b) The recipe used by the producer; (c) The source of the recipe or testing results if applicable; and (d) The date that the batch was prepared; (6) "Process" means operations a producer performs in the preparing, producing, or processing of the producer's homemade food or drink products and includes cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, and raising; (7) "Producer" means a person who processes homemade food or drink products on the person's private residence; (8) (A) "Time/temperature control for safety food" means food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the department. (B) "Time/temperature control for safety food" includes: (i) An animal food that is raw or heat treated; (ii) Food of plant origin that is heat treated or consists of raw seed sprouts; (iii) Cut leafy greens; (iv) Cut tomatoes or mixtures of cut tomatoes; and (v) Garlic-in-oil mixtures; and (9) "Transaction" means the exchange of buying and selling in person, by telephone or online, and the delivery of the homemade food or drink product. Amended by Act 2023, No. 205,§ 6, eff. 8/1/2023. Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.

As used in this subchapter:

(1) (A) "Delivery" means the transfer of a homemade food or drink product resulting from a transaction between a producer and an informed end consumer. (B) "Delivery" includes the transfer of a homemade food or drink product to an informed end consumer by the producer or producer's designated agent at a farm, ranch, farmers' market, home, office, or any location permitted under this subchapter or agreed to between the producer and the informed end consumer;

(A) "Delivery" means the transfer of a homemade food or drink product resulting from a transaction between a producer and an informed end consumer.

(B) "Delivery" includes the transfer of a homemade food or drink product to an informed end consumer by the producer or producer's designated agent at a farm, ranch, farmers' market, home, office, or any location permitted under this subchapter or agreed to between the producer and the informed end consumer;

(2) "Farmers' market" means a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products, and other items permitted under this subchapter directly to consumers;

(3) "Homemade food or drink product" means a food or drink product that is processed at the private residence of the producer, including a farm or ranch where the producer resides, that is exempt from state licensure, inspection, certification, and packaging and labeling requirements, and that is non-time/temperature control for safety food;

(4) "Informed end consumer" means a person who: (A) Is the last person to purchase any homemade food or drink product; (B) Does not resell the homemade food or drink product; and (C) Has been informed that the homemade food or drink product: (i) Is not regulated, inspected, certified, or subject to state packaging or labeling requirements; and (ii) Has not been processed in a facility that is subject to state licensing, permitting, inspection, or regulation;

(A) Is the last person to purchase any homemade food or drink product;

(B) Does not resell the homemade food or drink product; and

(C) Has been informed that the homemade food or drink product: (i) Is not regulated, inspected, certified, or subject to state packaging or labeling requirements; and (ii) Has not been processed in a facility that is subject to state licensing, permitting, inspection, or regulation;

(i) Is not regulated, inspected, certified, or subject to state packaging or labeling requirements; and

(ii) Has not been processed in a facility that is subject to state licensing, permitting, inspection, or regulation;

(5) (A) "Non-time/temperature control for safety food" means food that does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the Department of Health. (B) "Non-time/temperature control for safety food" includes without limitation pickled cucumbers and other acidified vegetables that have an equilibrium pH value of 4.6 or less if: (i) (a) The recipe: (1) Is from a source approved by the department; or (2) Has been tested by an appropriately certified laboratory that confirmed the finished product has an equilibrium pH value of 4.6 or less. (b) If a recipe is not as described in subdivision (5)(B)(i) (a) of this section, the producer shall test each batch of the recipe with a calibrated pH meter to confirm the finished product has an equilibrium pH value of 4.6 or less; (ii) The batch is labeled with a unique number; and (iii) The producer maintains records that include: (a) The batch number; (b) The recipe used by the producer; (c) The source of the recipe or testing results if applicable; and (d) The date that the batch was prepared;

(A) "Non-time/temperature control for safety food" means food that does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the Department of Health.

(B) "Non-time/temperature control for safety food" includes without limitation pickled cucumbers and other acidified vegetables that have an equilibrium pH value of 4.6 or less if: (i) (a) The recipe: (1) Is from a source approved by the department; or (2) Has been tested by an appropriately certified laboratory that confirmed the finished product has an equilibrium pH value of 4.6 or less. (b) If a recipe is not as described in subdivision (5)(B)(i) (a) of this section, the producer shall test each batch of the recipe with a calibrated pH meter to confirm the finished product has an equilibrium pH value of 4.6 or less; (ii) The batch is labeled with a unique number; and (iii) The producer maintains records that include: (a) The batch number; (b) The recipe used by the producer; (c) The source of the recipe or testing results if applicable; and (d) The date that the batch was prepared;

(i) (a) The recipe: (1) Is from a source approved by the department; or (2) Has been tested by an appropriately certified laboratory that confirmed the finished product has an equilibrium pH value of 4.6 or less. (b) If a recipe is not as described in subdivision (5)(B)(i) (a) of this section, the producer shall test each batch of the recipe with a calibrated pH meter to confirm the finished product has an equilibrium pH value of 4.6 or less;

(a) The recipe: (1) Is from a source approved by the department; or (2) Has been tested by an appropriately certified laboratory that confirmed the finished product has an equilibrium pH value of 4.6 or less.

(1) Is from a source approved by the department; or

(2) Has been tested by an appropriately certified laboratory that confirmed the finished product has an equilibrium pH value of 4.6 or less.

(b) If a recipe is not as described in subdivision (5)(B)(i) (a) of this section, the producer shall test each batch of the recipe with a calibrated pH meter to confirm the finished product has an equilibrium pH value of 4.6 or less;

(ii) The batch is labeled with a unique number; and

(iii) The producer maintains records that include: (a) The batch number; (b) The recipe used by the producer; (c) The source of the recipe or testing results if applicable; and (d) The date that the batch was prepared;

(a) The batch number;

(b) The recipe used by the producer;

(c) The source of the recipe or testing results if applicable; and

(d) The date that the batch was prepared;

(6) "Process" means operations a producer performs in the preparing, producing, or processing of the producer's homemade food or drink products and includes cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, and raising;

(7) "Producer" means a person who processes homemade food or drink products on the person's private residence;

(8) (A) "Time/temperature control for safety food" means food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the department. (B) "Time/temperature control for safety food" includes: (i) An animal food that is raw or heat treated; (ii) Food of plant origin that is heat treated or consists of raw seed sprouts; (iii) Cut leafy greens; (iv) Cut tomatoes or mixtures of cut tomatoes; and (v) Garlic-in-oil mixtures; and

(A) "Time/temperature control for safety food" means food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the department.

(B) "Time/temperature control for safety food" includes: (i) An animal food that is raw or heat treated; (ii) Food of plant origin that is heat treated or consists of raw seed sprouts; (iii) Cut leafy greens; (iv) Cut tomatoes or mixtures of cut tomatoes; and (v) Garlic-in-oil mixtures; and

(i) An animal food that is raw or heat treated;

(ii) Food of plant origin that is heat treated or consists of raw seed sprouts;

(iii) Cut leafy greens;

(iv) Cut tomatoes or mixtures of cut tomatoes; and

(v) Garlic-in-oil mixtures; and

(9) "Transaction" means the exchange of buying and selling in person, by telephone or online, and the delivery of the homemade food or drink product.

Amended by Act 2023, No. 205,§ 6, eff. 8/1/2023.

Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-59-228 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-228
Unlawful acts - Products below standard
Status: in_force

It shall be unlawful to sell, keep for sale, expose, or offer for sale any milk products or other dairy products which shall not conform at least to the minimum standards provided in this subchapter. Acts 1941, No. 114, § 3; A.S.A 1947, § 82-914.

It shall be unlawful to sell, keep for sale, expose, or offer for sale any milk products or other dairy products which shall not conform at least to the minimum standards provided in this subchapter.

Acts 1941, No. 114, § 3; A.S.A 1947, § 82-914.
Ark. Code Ann. § 20-27-2506 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2506
State Board of Health - Rules
Status: in_force

The State Board of Health shall adopt rules necessary to: (1) Establish annual license and certification fees for firms, training providers, and individuals; (2) Recover the costs of processing license applications and the issuance of licenses and certifications; and (3) Establish other fees necessary to recover the costs of enforcing this subchapter. Acts 2011, No. 1011, § 6.

The State Board of Health shall adopt rules necessary to:

(1) Establish annual license and certification fees for firms, training providers, and individuals;

(2) Recover the costs of processing license applications and the issuance of licenses and certifications; and

(3) Establish other fees necessary to recover the costs of enforcing this subchapter.

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-27-1007 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1007
Prohibitions
Status: in_force

It shall be unlawful for any person: (1) To conduct: (A) Asbestos response actions, demolitions, or renovations without having first obtained a license from the Division of Environmental Quality when acting as an asbestos abatement consultant or as an asbestos abatement contractor; (B) Training without having first obtained a license from the division when acting as an asbestos training provider; or (C) Asbestos response actions, demolitions, or renovations without having first obtained certification from the division when acting as a clearance air monitor, contractor/supervisor, inspector, management planner, project designer, or worker; (2) To participate in any response action, demolition, or renovation contrary to the rules or orders issued under this subchapter or contrary to the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and the rules promulgated thereunder, whether or not such person is required to have a license or certificate pursuant to this subchapter; (3) To knowingly make any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter or rules adopted pursuant to this subchapter or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant to this subchapter; or (4) To violate any provision of this subchapter or any rule or order adopted or issued under this subchapter. Amended by Act 2019, No. 315,§ 2101, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3218, eff. 7/1/2019. Acts 1985, No. 394, § 6; A.S.A. 1947, § 82-1949; Acts 1987, No. 531, § 5; 1993, No. 817, § 5; 1997, No. 308, § 1; 1999, No. 54, § 1.

It shall be unlawful for any person:

(1) To conduct: (A) Asbestos response actions, demolitions, or renovations without having first obtained a license from the Division of Environmental Quality when acting as an asbestos abatement consultant or as an asbestos abatement contractor; (B) Training without having first obtained a license from the division when acting as an asbestos training provider; or (C) Asbestos response actions, demolitions, or renovations without having first obtained certification from the division when acting as a clearance air monitor, contractor/supervisor, inspector, management planner, project designer, or worker;

(A) Asbestos response actions, demolitions, or renovations without having first obtained a license from the Division of Environmental Quality when acting as an asbestos abatement consultant or as an asbestos abatement contractor;

(B) Training without having first obtained a license from the division when acting as an asbestos training provider; or

(C) Asbestos response actions, demolitions, or renovations without having first obtained certification from the division when acting as a clearance air monitor, contractor/supervisor, inspector, management planner, project designer, or worker;

(2) To participate in any response action, demolition, or renovation contrary to the rules or orders issued under this subchapter or contrary to the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and the rules promulgated thereunder, whether or not such person is required to have a license or certificate pursuant to this subchapter;

(3) To knowingly make any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter or rules adopted pursuant to this subchapter or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant to this subchapter; or

(4) To violate any provision of this subchapter or any rule or order adopted or issued under this subchapter.

Amended by Act 2019, No. 315,§ 2101, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3218, eff. 7/1/2019.

Acts 1985, No. 394, § 6; A.S.A. 1947, § 82-1949; Acts 1987, No. 531, § 5; 1993, No. 817, § 5; 1997, No. 308, § 1; 1999, No. 54, § 1.
Ark. Code Ann. § 20-23-406 — AR Code / Title 20 / Chapter 23 / Subchapter 4 / Section 20-23-406
Restricted lifetime license - Certificate of competency and commission
Status: in_force

(a) (1) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler inspector for no fewer than twelve (12) years may apply for a restricted lifetime boiler inspector's certificate of competency and commission. (B) The certificate of competency and commission shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Division of Labor. (2) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler operator for no fewer than twelve (12) years may apply for a restricted lifetime boiler operator's license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division. (3) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping for no fewer than twelve (12) years may apply for a restricted lifetime license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division. (4) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the repair of boilers or unfired pressure vessels for no fewer than twelve (12) years may apply for a restricted lifetime license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division. (b) The division shall promulgate rules necessary to carry out the provisions of this section. Amended by Act 2019, No. 315,§ 2060, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5463, eff. 7/1/2019. Acts 1999, No. 141, § 1.

(a) (1) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler inspector for no fewer than twelve (12) years may apply for a restricted lifetime boiler inspector's certificate of competency and commission. (B) The certificate of competency and commission shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Division of Labor. (2) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler operator for no fewer than twelve (12) years may apply for a restricted lifetime boiler operator's license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division. (3) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping for no fewer than twelve (12) years may apply for a restricted lifetime license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division. (4) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the repair of boilers or unfired pressure vessels for no fewer than twelve (12) years may apply for a restricted lifetime license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.

(1) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler inspector for no fewer than twelve (12) years may apply for a restricted lifetime boiler inspector's certificate of competency and commission. (B) The certificate of competency and commission shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Division of Labor.

(A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler inspector for no fewer than twelve (12) years may apply for a restricted lifetime boiler inspector's certificate of competency and commission.

(B) The certificate of competency and commission shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the Division of Labor.

(2) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler operator for no fewer than twelve (12) years may apply for a restricted lifetime boiler operator's license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.

(A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been a boiler operator for no fewer than twelve (12) years may apply for a restricted lifetime boiler operator's license.

(B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.

(3) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping for no fewer than twelve (12) years may apply for a restricted lifetime license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.

(A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping for no fewer than twelve (12) years may apply for a restricted lifetime license.

(B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.

(4) (A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the repair of boilers or unfired pressure vessels for no fewer than twelve (12) years may apply for a restricted lifetime license. (B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.

(A) Upon reaching sixty-five (65) years of age or any time thereafter, any person who has been engaged in the repair of boilers or unfired pressure vessels for no fewer than twelve (12) years may apply for a restricted lifetime license.

(B) The license shall be issued upon satisfactory proof of age and upon payment of a fee prescribed by the division.

(b) The division shall promulgate rules necessary to carry out the provisions of this section.

Amended by Act 2019, No. 315,§ 2060, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5463, eff. 7/1/2019.

Acts 1999, No. 141, § 1.
Ark. Code Ann. § 20-14-805 — AR Code / Title 20 / Chapter 14 / Subchapter 8 / Section 20-14-805
Powers and duties of Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf
Status: in_force

(a) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf shall: (1) Recommend rules for the operation of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf to the State Board of Health; and (2) (A) Hold meetings at the offices of the Department of Health in Little Rock or at other places as the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf may determine. (B) The department shall provide meeting facilities and staff for meetings of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf. (b) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf shall review and recommend to the Secretary of the Department of Health: (1) Acceptance or rejection of applications for licensure and renewal of licenses for interpreters for the deaf, deafblind, hard of hearing, and oral deaf; (2) Criteria for issuance and renewal of licenses for licensed qualified interpreters; (3) Criteria for issuance and continuance of provisional licenses; (4) Fees for licensure and licensure renewal under this subchapter; (5) Suspension or revocation of licenses under this subchapter; (6) Procedures for receiving and investigating complaints under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (7) Rules to ensure that an interpreting agency provides only licensed qualified interpreters for services under this subchapter; (8) Rules regarding conflicts of interest regarding members of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf; (9) (A) A code of professional conduct. (B) The code of professional conduct shall provide, at a minimum, that: (i) A licensed qualified interpreter shall make a true interpretation in an understandable manner to an individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the licensed qualified interpreter is appointed and that the licensed qualified interpreter will interpret accurately the statements of the individual who is deaf or hard of hearing who desires that his or her statements be made in English to the best of the licensed qualified interpreter's skill and judgment; and (ii) All information that a licensed qualified interpreter gathers, learns from, or relays to an individual who is deaf, deafblind, hard of hearing, or oral deaf during an administrative, civil, or criminal proceeding shall remain confidential and privileged unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons; and (10) A continuing education program for licensed qualified interpreters. Amended by Act 2019, No. 910,§ 4995, eff. 7/1/2019. Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.

(a) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf shall: (1) Recommend rules for the operation of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf to the State Board of Health; and (2) (A) Hold meetings at the offices of the Department of Health in Little Rock or at other places as the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf may determine. (B) The department shall provide meeting facilities and staff for meetings of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf.

(1) Recommend rules for the operation of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf to the State Board of Health; and

(2) (A) Hold meetings at the offices of the Department of Health in Little Rock or at other places as the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf may determine. (B) The department shall provide meeting facilities and staff for meetings of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf.

(A) Hold meetings at the offices of the Department of Health in Little Rock or at other places as the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf may determine.

(B) The department shall provide meeting facilities and staff for meetings of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf.

(b) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf shall review and recommend to the Secretary of the Department of Health: (1) Acceptance or rejection of applications for licensure and renewal of licenses for interpreters for the deaf, deafblind, hard of hearing, and oral deaf; (2) Criteria for issuance and renewal of licenses for licensed qualified interpreters; (3) Criteria for issuance and continuance of provisional licenses; (4) Fees for licensure and licensure renewal under this subchapter; (5) Suspension or revocation of licenses under this subchapter; (6) Procedures for receiving and investigating complaints under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (7) Rules to ensure that an interpreting agency provides only licensed qualified interpreters for services under this subchapter; (8) Rules regarding conflicts of interest regarding members of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf; (9) (A) A code of professional conduct. (B) The code of professional conduct shall provide, at a minimum, that: (i) A licensed qualified interpreter shall make a true interpretation in an understandable manner to an individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the licensed qualified interpreter is appointed and that the licensed qualified interpreter will interpret accurately the statements of the individual who is deaf or hard of hearing who desires that his or her statements be made in English to the best of the licensed qualified interpreter's skill and judgment; and (ii) All information that a licensed qualified interpreter gathers, learns from, or relays to an individual who is deaf, deafblind, hard of hearing, or oral deaf during an administrative, civil, or criminal proceeding shall remain confidential and privileged unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons; and (10) A continuing education program for licensed qualified interpreters.

(1) Acceptance or rejection of applications for licensure and renewal of licenses for interpreters for the deaf, deafblind, hard of hearing, and oral deaf;

(2) Criteria for issuance and renewal of licenses for licensed qualified interpreters;

(3) Criteria for issuance and continuance of provisional licenses;

(4) Fees for licensure and licensure renewal under this subchapter;

(5) Suspension or revocation of licenses under this subchapter;

(6) Procedures for receiving and investigating complaints under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(7) Rules to ensure that an interpreting agency provides only licensed qualified interpreters for services under this subchapter;

(8) Rules regarding conflicts of interest regarding members of the Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf;

(9) (A) A code of professional conduct. (B) The code of professional conduct shall provide, at a minimum, that: (i) A licensed qualified interpreter shall make a true interpretation in an understandable manner to an individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the licensed qualified interpreter is appointed and that the licensed qualified interpreter will interpret accurately the statements of the individual who is deaf or hard of hearing who desires that his or her statements be made in English to the best of the licensed qualified interpreter's skill and judgment; and (ii) All information that a licensed qualified interpreter gathers, learns from, or relays to an individual who is deaf, deafblind, hard of hearing, or oral deaf during an administrative, civil, or criminal proceeding shall remain confidential and privileged unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons; and

(A) A code of professional conduct.

(B) The code of professional conduct shall provide, at a minimum, that: (i) A licensed qualified interpreter shall make a true interpretation in an understandable manner to an individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the licensed qualified interpreter is appointed and that the licensed qualified interpreter will interpret accurately the statements of the individual who is deaf or hard of hearing who desires that his or her statements be made in English to the best of the licensed qualified interpreter's skill and judgment; and (ii) All information that a licensed qualified interpreter gathers, learns from, or relays to an individual who is deaf, deafblind, hard of hearing, or oral deaf during an administrative, civil, or criminal proceeding shall remain confidential and privileged unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons; and

(i) A licensed qualified interpreter shall make a true interpretation in an understandable manner to an individual who is deaf, deafblind, hard of hearing, or oral deaf for whom the licensed qualified interpreter is appointed and that the licensed qualified interpreter will interpret accurately the statements of the individual who is deaf or hard of hearing who desires that his or her statements be made in English to the best of the licensed qualified interpreter's skill and judgment; and

(ii) All information that a licensed qualified interpreter gathers, learns from, or relays to an individual who is deaf, deafblind, hard of hearing, or oral deaf during an administrative, civil, or criminal proceeding shall remain confidential and privileged unless the individual who is deaf, deafblind, hard of hearing, or oral deaf desires that the information be communicated to other persons; and

(10) A continuing education program for licensed qualified interpreters.

Amended by Act 2019, No. 910,§ 4995, eff. 7/1/2019.

Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-77-1701 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1701
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) Healthcare providers who serve Medicaid recipients are an indispensable and vital link in serving this state's needy citizens; and (2) The Department of Human Services already has in place various provisions to: (A) Ensure the protection and respect for the rights of Medicaid recipients; and (B) Sanction errant Medicaid providers when necessary. (b) The General Assembly intends this subchapter to ensure that the department and its outside contractors treat providers with fairness and due process. Acts 2005, No. 1758, § 1.

(a) The General Assembly finds that: (1) Healthcare providers who serve Medicaid recipients are an indispensable and vital link in serving this state's needy citizens; and (2) The Department of Human Services already has in place various provisions to: (A) Ensure the protection and respect for the rights of Medicaid recipients; and (B) Sanction errant Medicaid providers when necessary.

(1) Healthcare providers who serve Medicaid recipients are an indispensable and vital link in serving this state's needy citizens; and

(2) The Department of Human Services already has in place various provisions to: (A) Ensure the protection and respect for the rights of Medicaid recipients; and (B) Sanction errant Medicaid providers when necessary.

(A) Ensure the protection and respect for the rights of Medicaid recipients; and

(B) Sanction errant Medicaid providers when necessary.

(b) The General Assembly intends this subchapter to ensure that the department and its outside contractors treat providers with fairness and due process.

Acts 2005, No. 1758, § 1.
Ark. Code Ann. § 20-8-206 — AR Code / Title 20 / Chapter 8 / Subchapter 2 / Section 20-8-206
Central registry - Definition - Legislative intent
Status: in_force

(a) (1) The Arkansas Spinal Cord Commission shall establish and maintain a central registry of spinal cord disabled persons. Every public and private health and social agency and attending physician shall report to the commission within five (5) calendar days after identification of any spinal cord disabled person. However, the consent of the individual shall be obtained before making this report, except that every spinal cord disease or injury resulting in permanent partial, permanent total, or total disability shall be reported to the commission immediately upon identification. (2) The report shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the commission. (b) (1) Within fifteen (15) days of the report and identification of a spinal cord disabled person, the commission shall notify the spinal cord disabled person or the most immediate family members of their right to assistance from the state, the services available, and the eligibility requirements. (2) The commission shall refer severely disabled persons to appropriate divisions, departments, and other state agencies to assure that maximum available rehabilitative services, if desired, are obtained by the spinal cord disabled person. (3) All other agencies of the state shall cooperate with the commission to ensure that appropriate total rehabilitative and other services are available, as well as access to records and other information. (c) As used in this section, "spinal cord disabled" means any person who has a spinal cord disease or injury, congenital or acquired, which results in partial or total loss of motor or sensory functions and which results in temporary or permanent partial or total disability. (d) It is the intent of the General Assembly to ensure the referral of all spinal cord disabled persons to the commission by appropriate individuals or public and private agencies in order that all spinal cord disabled persons might obtain the appropriate total rehabilitative services rendered by existing state agencies, state departments, and other organizations and individuals. Acts 1977, No. 170, §§ 1-4; 1977, No. 330, §§ 1-4; A.S.A. 1947, §§ 82-3307 -- 82-3310; Acts 1993, No. 1154, § 2.

(a) (1) The Arkansas Spinal Cord Commission shall establish and maintain a central registry of spinal cord disabled persons. Every public and private health and social agency and attending physician shall report to the commission within five (5) calendar days after identification of any spinal cord disabled person. However, the consent of the individual shall be obtained before making this report, except that every spinal cord disease or injury resulting in permanent partial, permanent total, or total disability shall be reported to the commission immediately upon identification. (2) The report shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the commission.

(1) The Arkansas Spinal Cord Commission shall establish and maintain a central registry of spinal cord disabled persons. Every public and private health and social agency and attending physician shall report to the commission within five (5) calendar days after identification of any spinal cord disabled person. However, the consent of the individual shall be obtained before making this report, except that every spinal cord disease or injury resulting in permanent partial, permanent total, or total disability shall be reported to the commission immediately upon identification.

(2) The report shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the commission.

(b) (1) Within fifteen (15) days of the report and identification of a spinal cord disabled person, the commission shall notify the spinal cord disabled person or the most immediate family members of their right to assistance from the state, the services available, and the eligibility requirements. (2) The commission shall refer severely disabled persons to appropriate divisions, departments, and other state agencies to assure that maximum available rehabilitative services, if desired, are obtained by the spinal cord disabled person. (3) All other agencies of the state shall cooperate with the commission to ensure that appropriate total rehabilitative and other services are available, as well as access to records and other information.

(1) Within fifteen (15) days of the report and identification of a spinal cord disabled person, the commission shall notify the spinal cord disabled person or the most immediate family members of their right to assistance from the state, the services available, and the eligibility requirements.

(2) The commission shall refer severely disabled persons to appropriate divisions, departments, and other state agencies to assure that maximum available rehabilitative services, if desired, are obtained by the spinal cord disabled person.

(3) All other agencies of the state shall cooperate with the commission to ensure that appropriate total rehabilitative and other services are available, as well as access to records and other information.

(c) As used in this section, "spinal cord disabled" means any person who has a spinal cord disease or injury, congenital or acquired, which results in partial or total loss of motor or sensory functions and which results in temporary or permanent partial or total disability.

(d) It is the intent of the General Assembly to ensure the referral of all spinal cord disabled persons to the commission by appropriate individuals or public and private agencies in order that all spinal cord disabled persons might obtain the appropriate total rehabilitative services rendered by existing state agencies, state departments, and other organizations and individuals.

Acts 1977, No. 170, §§ 1-4; 1977, No. 330, §§ 1-4; A.S.A. 1947, §§ 82-3307 -- 82-3310; Acts 1993, No. 1154, § 2.
Ark. Code Ann. § 20-15-1503 — AR Code / Title 20 / Chapter 15 / Subchapter 15 / Section 20-15-1503
Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board
Status: in_force

(a) There is created the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board. (b) (1) The board shall be composed of seven (7) members appointed by the Governor, after consulting the Arkansas Speech-Language-Hearing Association, Inc., from the following professions or groups: (A) One (1) audiologist; (B) One (1) audiologist from the Department of Health; (C) One (1) audiologist from Arkansas Children's Hospital; (D) One (1) speech-language pathologist; (E) One (1) pediatrician-neonatologist or ear, nose, and throat physician; (F) One (1) adult who is deaf or hard of hearing to represent consumer organizations for deaf and hard of hearing persons; and (G) One (1) consumer of services who is a parent of a child or children with hearing loss. (2) Appointments made by the Governor under this subsection shall be subject to confirmation by the Senate. (c) (1) Members shall be appointed for three-year staggered terms to be assigned by lot. (2) The terms shall commence on January 15 of each year. (d) The board shall annually select by a majority vote one (1) of its members to serve as a chair and one (1) to serve as vice chair. (e) The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty, or for any malfeasance in office. (f) The board shall act by majority vote and as required by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (g) The board shall have the authority to recommend rules to implement this subchapter, and the department shall promulgate these rules. (h) (1) The board shall hold its first meeting within thirty (30) days of July 30, 1999, at a place designated by the department. (2) Subsequent meetings shall be held quarterly at the call of the Chair of the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board or as often as necessary to make recommendations to the department so that the rules implementing this subchapter can be promulgated by July 1, 2000. (3) The board shall complete an annual report for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor which provides information such as, but not limited to, the number of hospitals in compliance with this subchapter, the number of Deaf, deaf, or Hard of Hearing infants identified, and the availability of follow-up services. (i) The department shall provide administrative support services required by the board. (j) Members shall not be entitled to compensation for their services but may receive expense reimbursement and a stipend in accordance with § 25-16-901 et seq. Amended by Act 2021, No. 84,§ 13, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1947, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1946, eff. 7/24/2019. Amended by Act 2015, No. 1100,§ 49, eff. 7/22/2015. Acts 1999, No. 1559, § 3.

(a) There is created the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board.

(b) (1) The board shall be composed of seven (7) members appointed by the Governor, after consulting the Arkansas Speech-Language-Hearing Association, Inc., from the following professions or groups: (A) One (1) audiologist; (B) One (1) audiologist from the Department of Health; (C) One (1) audiologist from Arkansas Children's Hospital; (D) One (1) speech-language pathologist; (E) One (1) pediatrician-neonatologist or ear, nose, and throat physician; (F) One (1) adult who is deaf or hard of hearing to represent consumer organizations for deaf and hard of hearing persons; and (G) One (1) consumer of services who is a parent of a child or children with hearing loss. (2) Appointments made by the Governor under this subsection shall be subject to confirmation by the Senate.

(1) The board shall be composed of seven (7) members appointed by the Governor, after consulting the Arkansas Speech-Language-Hearing Association, Inc., from the following professions or groups: (A) One (1) audiologist; (B) One (1) audiologist from the Department of Health; (C) One (1) audiologist from Arkansas Children's Hospital; (D) One (1) speech-language pathologist; (E) One (1) pediatrician-neonatologist or ear, nose, and throat physician; (F) One (1) adult who is deaf or hard of hearing to represent consumer organizations for deaf and hard of hearing persons; and (G) One (1) consumer of services who is a parent of a child or children with hearing loss.

(A) One (1) audiologist;

(B) One (1) audiologist from the Department of Health;

(C) One (1) audiologist from Arkansas Children's Hospital;

(D) One (1) speech-language pathologist;

(E) One (1) pediatrician-neonatologist or ear, nose, and throat physician;

(F) One (1) adult who is deaf or hard of hearing to represent consumer organizations for deaf and hard of hearing persons; and

(G) One (1) consumer of services who is a parent of a child or children with hearing loss.

(2) Appointments made by the Governor under this subsection shall be subject to confirmation by the Senate.

(c) (1) Members shall be appointed for three-year staggered terms to be assigned by lot. (2) The terms shall commence on January 15 of each year.

(1) Members shall be appointed for three-year staggered terms to be assigned by lot.

(2) The terms shall commence on January 15 of each year.

(d) The board shall annually select by a majority vote one (1) of its members to serve as a chair and one (1) to serve as vice chair.

(e) The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty, or for any malfeasance in office.

(f) The board shall act by majority vote and as required by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(g) The board shall have the authority to recommend rules to implement this subchapter, and the department shall promulgate these rules.

(h) (1) The board shall hold its first meeting within thirty (30) days of July 30, 1999, at a place designated by the department. (2) Subsequent meetings shall be held quarterly at the call of the Chair of the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board or as often as necessary to make recommendations to the department so that the rules implementing this subchapter can be promulgated by July 1, 2000. (3) The board shall complete an annual report for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor which provides information such as, but not limited to, the number of hospitals in compliance with this subchapter, the number of Deaf, deaf, or Hard of Hearing infants identified, and the availability of follow-up services.

(1) The board shall hold its first meeting within thirty (30) days of July 30, 1999, at a place designated by the department.

(2) Subsequent meetings shall be held quarterly at the call of the Chair of the Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board or as often as necessary to make recommendations to the department so that the rules implementing this subchapter can be promulgated by July 1, 2000.

(3) The board shall complete an annual report for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor which provides information such as, but not limited to, the number of hospitals in compliance with this subchapter, the number of Deaf, deaf, or Hard of Hearing infants identified, and the availability of follow-up services.

(i) The department shall provide administrative support services required by the board.

(j) Members shall not be entitled to compensation for their services but may receive expense reimbursement and a stipend in accordance with § 25-16-901 et seq.

Amended by Act 2021, No. 84,§ 13, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1947, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1946, eff. 7/24/2019.

Amended by Act 2015, No. 1100,§ 49, eff. 7/22/2015.

Acts 1999, No. 1559, § 3.
Ark. Code Ann. § 20-13-1804 — AR Code / Title 20 / Chapter 13 / Subchapter 18 / Section 20-13-1804
Opioid antagonist - Immunity
Status: in_force

(a) A healthcare professional acting in good faith may directly or by standing order prescribe, dispense, and supply an opioid antagonist to: (1) A person at risk of experiencing an opioid-related drug overdose; (2) A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose; (3) An individual who is employed or contracted by a public or private organization, including without limitation: (A) A state, municipal, or county entity; (B) A hospital or clinic; (C) A law enforcement agency; (D) A harm reduction organization; (E) A shelter or homeless services organization; (F) An educational institution; (G) A building manager; or (H) A pain management center; (4) An emergency medical services technician; (5) A first responder; (6) A law enforcement officer; or (7) An employee of the State Crime Laboratory. (b) Notwithstanding any other law, an individual that has been prescribed, dispensed, or supplied with an opioid antagonist under subsection (a) of this section: (1) Shall follow manufacturer instructions for storage, replacement, and disposal of the opioid antagonist; and (2) May provide the opioid antagonist, directly or indirectly, and at no cost, to a person described in subdivision (a)(1) or (2) of this section. (c) If an individual listed in subsection (a) of this section does not have access to a healthcare practitioner to issue a standing order for a prescription for an opioid antagonist, then the Secretary of the Department of Health, or his or her designee who is otherwise authorized to prescribe an opioid antagonist, may issue a standing order for an individual to act under subsection (b) of this section. (d) A person acting in good faith who reasonably believes that another person is experiencing an opioid-related drug overdose may administer an opioid antagonist that was prescribed, dispensed, or supplied under subsection (a) of this section. (e) The following individuals are immune from civil liability, criminal liability, or professional sanctions for administering, prescribing, dispensing, or supplying an opioid antagonist under this section: (1) A healthcare professional who prescribes an opioid antagonist under subsection (a) of this section; (2) A healthcare professional or pharmacist who acts in good faith and in compliance with the standard of care that dispenses or supplies an opioid antagonist under subsection (a) of this section; and (3) A person other than a healthcare professional who administers an opioid antagonist under subsection (d) of this section or who is supplied with an opioid antagonist under subsection (a) of this section. Amended by Act 2023, No. 586,§ 2, eff. 4/11/2023. Amended by Act 2017, No. 70,§ 1, eff. 8/1/2017. Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.

(a) A healthcare professional acting in good faith may directly or by standing order prescribe, dispense, and supply an opioid antagonist to: (1) A person at risk of experiencing an opioid-related drug overdose; (2) A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose; (3) An individual who is employed or contracted by a public or private organization, including without limitation: (A) A state, municipal, or county entity; (B) A hospital or clinic; (C) A law enforcement agency; (D) A harm reduction organization; (E) A shelter or homeless services organization; (F) An educational institution; (G) A building manager; or (H) A pain management center; (4) An emergency medical services technician; (5) A first responder; (6) A law enforcement officer; or (7) An employee of the State Crime Laboratory.

(1) A person at risk of experiencing an opioid-related drug overdose;

(2) A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose;

(3) An individual who is employed or contracted by a public or private organization, including without limitation: (A) A state, municipal, or county entity; (B) A hospital or clinic; (C) A law enforcement agency; (D) A harm reduction organization; (E) A shelter or homeless services organization; (F) An educational institution; (G) A building manager; or (H) A pain management center;

(A) A state, municipal, or county entity;

(B) A hospital or clinic;

(C) A law enforcement agency;

(D) A harm reduction organization;

(E) A shelter or homeless services organization;

(F) An educational institution;

(G) A building manager; or

(H) A pain management center;

(4) An emergency medical services technician;

(5) A first responder;

(6) A law enforcement officer; or

(7) An employee of the State Crime Laboratory.

(b) Notwithstanding any other law, an individual that has been prescribed, dispensed, or supplied with an opioid antagonist under subsection (a) of this section: (1) Shall follow manufacturer instructions for storage, replacement, and disposal of the opioid antagonist; and (2) May provide the opioid antagonist, directly or indirectly, and at no cost, to a person described in subdivision (a)(1) or (2) of this section.

(1) Shall follow manufacturer instructions for storage, replacement, and disposal of the opioid antagonist; and

(2) May provide the opioid antagonist, directly or indirectly, and at no cost, to a person described in subdivision (a)(1) or (2) of this section.

(c) If an individual listed in subsection (a) of this section does not have access to a healthcare practitioner to issue a standing order for a prescription for an opioid antagonist, then the Secretary of the Department of Health, or his or her designee who is otherwise authorized to prescribe an opioid antagonist, may issue a standing order for an individual to act under subsection (b) of this section.

(d) A person acting in good faith who reasonably believes that another person is experiencing an opioid-related drug overdose may administer an opioid antagonist that was prescribed, dispensed, or supplied under subsection (a) of this section.

(e) The following individuals are immune from civil liability, criminal liability, or professional sanctions for administering, prescribing, dispensing, or supplying an opioid antagonist under this section: (1) A healthcare professional who prescribes an opioid antagonist under subsection (a) of this section; (2) A healthcare professional or pharmacist who acts in good faith and in compliance with the standard of care that dispenses or supplies an opioid antagonist under subsection (a) of this section; and (3) A person other than a healthcare professional who administers an opioid antagonist under subsection (d) of this section or who is supplied with an opioid antagonist under subsection (a) of this section.

(1) A healthcare professional who prescribes an opioid antagonist under subsection (a) of this section;

(2) A healthcare professional or pharmacist who acts in good faith and in compliance with the standard of care that dispenses or supplies an opioid antagonist under subsection (a) of this section; and

(3) A person other than a healthcare professional who administers an opioid antagonist under subsection (d) of this section or who is supplied with an opioid antagonist under subsection (a) of this section.

Amended by Act 2023, No. 586,§ 2, eff. 4/11/2023.

Amended by Act 2017, No. 70,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-9-202 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-202
Penalties
Status: in_force

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution without first obtaining a license therefor as provided or violating any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation. (b) Upon conviction, the person shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent offense. (c) Each day the institution shall operate after a first conviction shall be considered a subsequent offense. Amended by Act 2019, No. 315,§ 1827, eff. 7/24/2019. Acts 1961, No. 414, § 27; A.S.A. 1947, § 82-353; Acts 2005, No. 1994, § 104.

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution without first obtaining a license therefor as provided or violating any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation.

(b) Upon conviction, the person shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent offense.

(c) Each day the institution shall operate after a first conviction shall be considered a subsequent offense.

Amended by Act 2019, No. 315,§ 1827, eff. 7/24/2019.

Acts 1961, No. 414, § 27; A.S.A. 1947, § 82-353; Acts 2005, No. 1994, § 104.
Ark. Code Ann. § 20-80-301 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-301
Title
Status: in_force

This subchapter shall be known as the "Community Service and Community Action Program Act of 1985". Acts 1985, No. 345, § 1; A.S.A. 1947, § 83-1107.

This subchapter shall be known as the "Community Service and Community Action Program Act of 1985".

Acts 1985, No. 345, § 1; A.S.A. 1947, § 83-1107.
Ark. Code Ann. § 20-27-2701 — AR Code / Title 20 / Chapter 27 / Subchapter 27 / Section 20-27-2701
Definitions
Status: in_force

As used in this subchapter: (1) "Bedding" means a mattress, upholstered spring, comforter, pad, cushion, pillow, box springs, foundation, or studio couch made, in whole or in part, from new or secondhand fabric, filling materials, or other materials, which can be used for sleeping or reclining purposes; (2) [Repealed.] (3) [Repealed.] (4) "Manufacture" means the making of bedding out of new material; (5) "New material" means any fabric, filling material, other material, or article of bedding that has not been previously used in the manufacturing, distributing, or retailing process or for which the legal title has not been transferred by a manufacturer, distributor, or retailer to a final purchaser, including by-products of any textile or manufacturing process that are free from dirt, insects, and other contamination; (6) "Person" means an individual, sole proprietorship, partnership, limited liability company, corporation, joint venture, association, trust, and any other entity and the agents, servants, and employees of the entity; (7) "Renovator" means a person that repairs, makes over, recovers, restores, sanitizes, germicidally treats, cleans, or renews bedding; (8) "Sanitizer" means a person that sanitizes, germicidally treats, or cleans but does not otherwise alter any fabric, filling material, other materials, or article of bedding for use in manufacturing or renovating bedding; (9) "Secondhand material" means any fabric, filling material, other material, or article of bedding that has been previously used for any purpose, including without limitation floor samples from any source other than a seller's own business and factory-returned materials or bedding, or is derived from a postconsumer or industrial waste and that may be used in place of new material in manufacturing or renovating bedding; and (10) "Seller" means a person that offers or exposes for sale, barters, trades, delivers, consigns, leases, possesses with intent to sell, or disposes of bedding in any commercial manner at the wholesale, retail, or other level of trade. Amended by Act 2019, No. 389,§ 48, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5039, eff. 7/1/2019. Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Bedding" means a mattress, upholstered spring, comforter, pad, cushion, pillow, box springs, foundation, or studio couch made, in whole or in part, from new or secondhand fabric, filling materials, or other materials, which can be used for sleeping or reclining purposes;

(2) [Repealed.]

(3) [Repealed.]

(4) "Manufacture" means the making of bedding out of new material;

(5) "New material" means any fabric, filling material, other material, or article of bedding that has not been previously used in the manufacturing, distributing, or retailing process or for which the legal title has not been transferred by a manufacturer, distributor, or retailer to a final purchaser, including by-products of any textile or manufacturing process that are free from dirt, insects, and other contamination;

(6) "Person" means an individual, sole proprietorship, partnership, limited liability company, corporation, joint venture, association, trust, and any other entity and the agents, servants, and employees of the entity;

(7) "Renovator" means a person that repairs, makes over, recovers, restores, sanitizes, germicidally treats, cleans, or renews bedding;

(8) "Sanitizer" means a person that sanitizes, germicidally treats, or cleans but does not otherwise alter any fabric, filling material, other materials, or article of bedding for use in manufacturing or renovating bedding;

(9) "Secondhand material" means any fabric, filling material, other material, or article of bedding that has been previously used for any purpose, including without limitation floor samples from any source other than a seller's own business and factory-returned materials or bedding, or is derived from a postconsumer or industrial waste and that may be used in place of new material in manufacturing or renovating bedding; and

(10) "Seller" means a person that offers or exposes for sale, barters, trades, delivers, consigns, leases, possesses with intent to sell, or disposes of bedding in any commercial manner at the wholesale, retail, or other level of trade.

Amended by Act 2019, No. 389,§ 48, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5039, eff. 7/1/2019.

Added by Act 2013, No. 1420,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-21-302 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-302
Purpose
Status: in_force

It is the purpose of this subchapter to effectuate the policies set forth in § 20-21-301 by providing for a program: (1) Of effective regulation of radiation emitted from electronic products or components of electronic products for the protection of the occupational and public health and safety; (2) To promote an orderly regulatory pattern within this state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation; and (3) To establish procedures for assumption and performance of certain regulatory responsibilities with respect to the manufacture, distribution, installation, repair, or use of electronic products. Acts 1969, No. 460, § 2; A.S.A. 1947, § 82-1529.

It is the purpose of this subchapter to effectuate the policies set forth in § 20-21-301 by providing for a program:

(1) Of effective regulation of radiation emitted from electronic products or components of electronic products for the protection of the occupational and public health and safety;

(2) To promote an orderly regulatory pattern within this state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation; and

(3) To establish procedures for assumption and performance of certain regulatory responsibilities with respect to the manufacture, distribution, installation, repair, or use of electronic products.

Acts 1969, No. 460, § 2; A.S.A. 1947, § 82-1529.
Ark. Code Ann. § 20-8-901 — AR Code / Title 20 / Chapter 8 / Subchapter 9 / Section 20-8-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Primary Prevention Programs Act". Added by Act 2019, No. 841,§ 2, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Primary Prevention Programs Act".

Added by Act 2019, No. 841,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-22-205 — AR Code / Title 20 / Chapter 22 / Subchapter 2 / Section 20-22-205
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 27, eff. 7/1/2023. Acts 1979, No. 852, § 4; A.S.A. 1947, § 19-2168.

Repealed by Act 2023, No. 841,§ 27, eff. 7/1/2023.

Acts 1979, No. 852, § 4; A.S.A. 1947, § 19-2168.
Ark. Code Ann. § 20-64-817 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-817
Statement of rights
Status: in_force

Every petition for involuntary commitment shall include or contain as an attachment the following statement of rights: (1) That the person has the right to effective assistance of counsel, including the right to a court-appointed attorney; (2) That the person and his or her attorney have the right to be present at all significant stages of the proceedings and at all hearings, except that no attorney shall be entitled to be present upon examination of the person by the treatment staff for the purpose of evaluation or treatment; (3) That the person has the right to present evidence in his or her own behalf and cross-examine witnesses who testify against him or her; (4) That the person has the right to remain silent; and (5) That the person has a right to view and copy all petitions, reports, and documents contained in the court file. Acts 1989 (3rd Ex. Sess.), No. 10, § 8.

Every petition for involuntary commitment shall include or contain as an attachment the following statement of rights:

(1) That the person has the right to effective assistance of counsel, including the right to a court-appointed attorney;

(2) That the person and his or her attorney have the right to be present at all significant stages of the proceedings and at all hearings, except that no attorney shall be entitled to be present upon examination of the person by the treatment staff for the purpose of evaluation or treatment;

(3) That the person has the right to present evidence in his or her own behalf and cross-examine witnesses who testify against him or her;

(4) That the person has the right to remain silent; and

(5) That the person has a right to view and copy all petitions, reports, and documents contained in the court file.

Acts 1989 (3rd Ex. Sess.), No. 10, § 8.
Ark. Code Ann. § 20-17-1007 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1007
Examination of cemetery
Status: in_force

(a) (1) An examined cemetery company shall pay the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the examination: (A) One hundred dollars ($100) per day for each examiner who conducts the examination; and (B) The amount necessary to reimburse the travel, meal, and lodging expenses of each examiner. (2) An examination shall be conducted by an employee of the State Insurance Department or board member. (b) In lieu of any financial examination that the board shall be authorized to make, the board may accept the audit of an independent certified public accountant, provided that the Insurance Commissioner has notified the cemetery company that the audit would be accepted and that the cemetery company has notified the commissioner in writing that an audit would be prepared. Amended by Act 2017, No. 788,§ 35, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 2, eff. 8/16/2013. Acts 1977, No. 352, § 20; 1981, No. 512, § 5; A.S.A. 1947, § 82-426.20; Acts 1997, No. 250, § 191; 2009, No. 715, § 4.

(a) (1) An examined cemetery company shall pay the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the examination: (A) One hundred dollars ($100) per day for each examiner who conducts the examination; and (B) The amount necessary to reimburse the travel, meal, and lodging expenses of each examiner. (2) An examination shall be conducted by an employee of the State Insurance Department or board member.

(1) An examined cemetery company shall pay the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the examination: (A) One hundred dollars ($100) per day for each examiner who conducts the examination; and (B) The amount necessary to reimburse the travel, meal, and lodging expenses of each examiner.

(A) One hundred dollars ($100) per day for each examiner who conducts the examination; and

(B) The amount necessary to reimburse the travel, meal, and lodging expenses of each examiner.

(2) An examination shall be conducted by an employee of the State Insurance Department or board member.

(b) In lieu of any financial examination that the board shall be authorized to make, the board may accept the audit of an independent certified public accountant, provided that the Insurance Commissioner has notified the cemetery company that the audit would be accepted and that the cemetery company has notified the commissioner in writing that an audit would be prepared.

Amended by Act 2017, No. 788,§ 35, eff. 7/1/2018.

Amended by Act 2013, No. 390,§ 2, eff. 8/16/2013.

Acts 1977, No. 352, § 20; 1981, No. 512, § 5; A.S.A. 1947, § 82-426.20; Acts 1997, No. 250, § 191; 2009, No. 715, § 4.
Ark. Code Ann. § 20-47-802 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-802
Legislative intent
Status: in_force

(a) It is the intent of the General Assembly to create an established protocol for crisis intervention by law enforcement agencies and jail personnel, the court system, hospitals, healthcare providers, and mental health professionals to address the methods and procedures to be used by law enforcement agencies and jail personnel, the court system, hospitals, healthcare providers, and mental health professionals in engaging with an individual who demonstrates substantial likelihood of committing bodily harm against himself or herself, or against another person, and who is an individual with a behavioral health impairment, mental disability, mental illness, or other permanent or temporary behavioral health or mental impairment. (b) Further, it is the intent of the General Assembly that the behavioral health crisis intervention protocol created under this subchapter and established to address engagement with a member of the public who is an individual with a behavioral health impairment results not in prosecution or incarceration but in treatment of the individual in a voluntary clinical setting until his or her behavioral health impairment is managed to the point that the individual is substantially less likely to commit a criminal or otherwise dangerous act. Amended by Act 2021, No. 989,§ 1, eff. 7/28/2021. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) It is the intent of the General Assembly to create an established protocol for crisis intervention by law enforcement agencies and jail personnel, the court system, hospitals, healthcare providers, and mental health professionals to address the methods and procedures to be used by law enforcement agencies and jail personnel, the court system, hospitals, healthcare providers, and mental health professionals in engaging with an individual who demonstrates substantial likelihood of committing bodily harm against himself or herself, or against another person, and who is an individual with a behavioral health impairment, mental disability, mental illness, or other permanent or temporary behavioral health or mental impairment.

(b) Further, it is the intent of the General Assembly that the behavioral health crisis intervention protocol created under this subchapter and established to address engagement with a member of the public who is an individual with a behavioral health impairment results not in prosecution or incarceration but in treatment of the individual in a voluntary clinical setting until his or her behavioral health impairment is managed to the point that the individual is substantially less likely to commit a criminal or otherwise dangerous act.

Amended by Act 2021, No. 989,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-80-407 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-407
Contracts or deeds
Status: in_force

(a) (1) Accepted applications will result in a contract or limited warranty donation deed between the Commissioner of State Lands and the applicant for donation of tax-forfeited lands. (2) The contract or deed, to be provided by the Commissioner of State Lands, shall provide that the applicant will have primary responsibility for the development of the donated parcel. (3) The contract or deed shall also set out the eligiblity criteria for determining an eligible person with respect to a sale, lease, or grant of a homestead from the donated parcel and shall require the applicant to follow the eligiblity criteria in making sales, leases, or grants from the donated parcel. (b) Upon execution of a donation deed to the applicant, the Commissioner of State Lands may no longer be an immediate party to the construction or maintenance of the parcel, except that the contract or donation deed may contain a possibility of reverter to the Commissioner of State Lands should the proposed homestead, for any reason, not develop pursuant to specifications. (c) In addition, the contract or deed may provide the time period within which the property may be developed. Acts 1993, No. 1009, § 8.

(a) (1) Accepted applications will result in a contract or limited warranty donation deed between the Commissioner of State Lands and the applicant for donation of tax-forfeited lands. (2) The contract or deed, to be provided by the Commissioner of State Lands, shall provide that the applicant will have primary responsibility for the development of the donated parcel. (3) The contract or deed shall also set out the eligiblity criteria for determining an eligible person with respect to a sale, lease, or grant of a homestead from the donated parcel and shall require the applicant to follow the eligiblity criteria in making sales, leases, or grants from the donated parcel.

(1) Accepted applications will result in a contract or limited warranty donation deed between the Commissioner of State Lands and the applicant for donation of tax-forfeited lands.

(2) The contract or deed, to be provided by the Commissioner of State Lands, shall provide that the applicant will have primary responsibility for the development of the donated parcel.

(3) The contract or deed shall also set out the eligiblity criteria for determining an eligible person with respect to a sale, lease, or grant of a homestead from the donated parcel and shall require the applicant to follow the eligiblity criteria in making sales, leases, or grants from the donated parcel.

(b) Upon execution of a donation deed to the applicant, the Commissioner of State Lands may no longer be an immediate party to the construction or maintenance of the parcel, except that the contract or donation deed may contain a possibility of reverter to the Commissioner of State Lands should the proposed homestead, for any reason, not develop pursuant to specifications.

(c) In addition, the contract or deed may provide the time period within which the property may be developed.

Acts 1993, No. 1009, § 8.
Ark. Code Ann. § 20-64-201 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-201
Definitions
Status: in_force

The following words and phrases, as used in this subchapter, shall have the following meanings, unless the context otherwise requires: (1) "Apothecary" means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this subchapter shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state; (2) "Dentist" means a person authorized by law to practice dentistry in this state; (3) "Dispense" includes distribute, leave with, give away, dispose of, or deliver; (4) "Federal narcotic laws" means the laws of the United States relating to opium, coca leaves, and other narcotic drugs; (5) "Hospital" means an institution for the care and treatment of the sick and injured, approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian; (6) "Laboratory" means a laboratory approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction; (7) "Manufacturer" means a person who, by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescriptions; (8) (A) "Narcotic drug" means any drug which is defined as a narcotic drug by order of the Director of the Department of Health. In the formulation of definitions of narcotic drugs, the Director of the Department of Health is directed to include all drugs which he or she finds are narcotic in character and by reason thereof are dangerous to the public health or are promotive of addiction-forming or addiction-sustaining results upon the user which threaten harm to the public health, safety, or morals. In formulating these definitions, the Director of the Department of Health shall take into consideration the provisions of the federal narcotic laws as they exist, from time to time, and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (8)(A), and under the policy of this subchapter. (B) "Narcotic drug" also means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. This term does not include the isoquinoline alkaloids of opium; (ii) Poppy straw and concentrate of poppy straw; (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers; (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; (vi) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions (8)(B)(i)-(v) of this section; (9) (A) "Official written order" means an order written on a form provided for that purpose by the United States Administrator of Drug Enforcement under the laws of the United States making provision therefor, if order forms are authorized and required by federal law and, if an order form is not provided, then on an official form provided for that purpose by the Secretary of the Department of Health. (B) When permitted by federal law, an official written order may also be written and submitted electronically; (10) "Person" includes any corporation, association, copartnership, or one (1) or more individuals; (11) "Physician" means a person authorized by law to practice medicine in this state and any other person authorized by law to treat sick and injured human beings in this state and to use narcotic drugs in connection with such treatment; (12) "Registry number" means the number assigned to each person registered under the federal narcotic laws; (13) "Sale" includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee; (14) "Veterinarian" means a person authorized by law to practice veterinary medicine in this state; (15) "Wholesaler" means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions; and (16) "Written prescription" means a prescription that is presented to an apothecary in compliance with federal law and regulations, including a written, oral, faxed, or electronic prescription. Amended by Act 2019, No. 389,§ 66, eff. 7/24/2019. Amended by Act 2013, No. 1331,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1331,§ 4, eff. 8/16/2013. Acts 1937, No. 344, § 1; Pope's Dig., §§ 4615, 10126; Acts 1941, No. 324, §§ 1, 2; 1955, No. 155, § 1; 1959, No. 250, § 1; 1965, No. 409, § 1; A.S.A 1947, § 82-1001; Acts 1987, No. 42, § 1.

The following words and phrases, as used in this subchapter, shall have the following meanings, unless the context otherwise requires:

(1) "Apothecary" means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this subchapter shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state;

(2) "Dentist" means a person authorized by law to practice dentistry in this state;

(3) "Dispense" includes distribute, leave with, give away, dispose of, or deliver;

(4) "Federal narcotic laws" means the laws of the United States relating to opium, coca leaves, and other narcotic drugs;

(5) "Hospital" means an institution for the care and treatment of the sick and injured, approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian;

(6) "Laboratory" means a laboratory approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction;

(7) "Manufacturer" means a person who, by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescriptions;

(8) (A) "Narcotic drug" means any drug which is defined as a narcotic drug by order of the Director of the Department of Health. In the formulation of definitions of narcotic drugs, the Director of the Department of Health is directed to include all drugs which he or she finds are narcotic in character and by reason thereof are dangerous to the public health or are promotive of addiction-forming or addiction-sustaining results upon the user which threaten harm to the public health, safety, or morals. In formulating these definitions, the Director of the Department of Health shall take into consideration the provisions of the federal narcotic laws as they exist, from time to time, and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (8)(A), and under the policy of this subchapter. (B) "Narcotic drug" also means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. This term does not include the isoquinoline alkaloids of opium; (ii) Poppy straw and concentrate of poppy straw; (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers; (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; (vi) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions (8)(B)(i)-(v) of this section;

(A) "Narcotic drug" means any drug which is defined as a narcotic drug by order of the Director of the Department of Health. In the formulation of definitions of narcotic drugs, the Director of the Department of Health is directed to include all drugs which he or she finds are narcotic in character and by reason thereof are dangerous to the public health or are promotive of addiction-forming or addiction-sustaining results upon the user which threaten harm to the public health, safety, or morals. In formulating these definitions, the Director of the Department of Health shall take into consideration the provisions of the federal narcotic laws as they exist, from time to time, and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (8)(A), and under the policy of this subchapter.

(B) "Narcotic drug" also means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. This term does not include the isoquinoline alkaloids of opium; (ii) Poppy straw and concentrate of poppy straw; (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers; (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; (vi) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions (8)(B)(i)-(v) of this section;

(i) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. This term does not include the isoquinoline alkaloids of opium;

(ii) Poppy straw and concentrate of poppy straw;

(iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

(v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers;

(vi) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions (8)(B)(i)-(v) of this section;

(9) (A) "Official written order" means an order written on a form provided for that purpose by the United States Administrator of Drug Enforcement under the laws of the United States making provision therefor, if order forms are authorized and required by federal law and, if an order form is not provided, then on an official form provided for that purpose by the Secretary of the Department of Health. (B) When permitted by federal law, an official written order may also be written and submitted electronically;

(A) "Official written order" means an order written on a form provided for that purpose by the United States Administrator of Drug Enforcement under the laws of the United States making provision therefor, if order forms are authorized and required by federal law and, if an order form is not provided, then on an official form provided for that purpose by the Secretary of the Department of Health.

(B) When permitted by federal law, an official written order may also be written and submitted electronically;

(10) "Person" includes any corporation, association, copartnership, or one (1) or more individuals;

(11) "Physician" means a person authorized by law to practice medicine in this state and any other person authorized by law to treat sick and injured human beings in this state and to use narcotic drugs in connection with such treatment;

(12) "Registry number" means the number assigned to each person registered under the federal narcotic laws;

(13) "Sale" includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee;

(14) "Veterinarian" means a person authorized by law to practice veterinary medicine in this state;

(15) "Wholesaler" means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions; and

(16) "Written prescription" means a prescription that is presented to an apothecary in compliance with federal law and regulations, including a written, oral, faxed, or electronic prescription.

Amended by Act 2019, No. 389,§ 66, eff. 7/24/2019.

Amended by Act 2013, No. 1331,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1331,§ 4, eff. 8/16/2013.

Acts 1937, No. 344, § 1; Pope's Dig., §§ 4615, 10126; Acts 1941, No. 324, §§ 1, 2; 1955, No. 155, § 1; 1959, No. 250, § 1; 1965, No. 409, § 1; A.S.A 1947, § 82-1001; Acts 1987, No. 42, § 1.
Ark. Code Ann. § 20-78-205 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-205
Division of Child Care and Early Childhood Education
Status: in_force

(a) There is created the Division of Child Care and Early Childhood Education within the Department of Human Services. In creating the Division of Child Care and Early Childhood Education, the General Assembly intends for the following to be maintained and enhanced: (1) Coordination of existing early childhood education and childcare programs; (2) Placement of children in quality early childhood programs which support their development and readiness for school; (3) Development of new childcare services under welfare reform which promote the developmental needs of children receiving transitional employment assistance benefits or other forms of public assistance; (4) Quality program standards for all early childhood and childcare programs; (5) State support for early childhood and childcare programs to attain quality program standards; (6) Economic and cultural integration of children in early childhood programs; (7) Access to additional support services for early childhood and childcare programs, such as healthcare and nutrition services; (8) Career development opportunities for early childhood program staff; (9) On-going interagency planning and collaboration in regard to early childhood and child care; (10) Parent support and education in choosing appropriate early childhood programs for their children; and (11) State support for local leadership, program innovation, and excellence in early childhood and care programs. (b) The Division of Child Care and Early Childhood Education shall have the following duties: (1) Administration of the Child Care and Development Block Grant and other childcare funds, state and federal, that are available to the department; (2) Administration of the Arkansas Better Chance Program, under interagency agreement with the Division of Elementary and Secondary Education; (3) Administration of the Arkansas Special Nutrition Program; (4) Establishment and promulgation of rules setting standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of childcare facilities in this state, as defined by § 20-78-202 ; (5) Staff support for the operation of the Arkansas Early Childhood Commission; (6) Provide consultative resources for the private sector in developing childcare programs; (7) Provide consultative resources for the private sector in developing childcare facilities; (8) Solicit grant funds for exemplary early childhood and childcare programs; and (9) Administration of the birth through prekindergarten teaching credential and the promulgation of rules to implement the teaching credential program under § 20-78-801 et seq. (c) (1) In addition to any other rights, powers, functions, and duties granted by law to the Division of Child Care and Early Childhood Education, the department is hereby authorized to promote and cooperate in the establishment of a foundation under the Arkansas nonprofit corporation law and to accept support and assistance in the form of money, property, or otherwise from the foundation to be used to enhance quality, affordability, and availability of child care and early education for all children in the state. (2) If a foundation is established for the early care and education of children and if the department shares resources or facilities with the foundation or accepts support and assistance from the foundation, the foundation shall file annually a report with the Governor, the Legislative Council, and the Legislative Joint Auditing Committee showing the amount and source of all gifts, grants, and donations of money or property received by the foundation and all expenditures or other dispositions of money or property by the foundation during the preceding year. (3) After consultation with the commission, the Director of the Division of Child Care and Early Childhood Education shall prepare rules for the use of foundation funds. The director shall submit the proposed rules to the Legislative Council for its review. (4) No person over whom the department has day-to-day managerial control shall receive compensation or remuneration from funds not in the State Treasury. (d) (1) The Division of Child Care and Early Childhood Education shall create and make available on the website of the department a form and graphical chart that concisely explains the: (A) Minimum licensing requirements for a licensed home; (B) Minimum licensing requirements for a licensed childcare center; (C) Procedure for obtaining licensure as a licensed home or licensed childcare center; (D) Registration requirements for a registered childcare family home; (E) Procedure for registering as a registered childcare family home; (F) Voluntary registry of daycare family homes; (G) Procedure for registering a daycare family home with the voluntary registry; (H) Availability of federal or state funds, grants, programs, or other financial assistance, including without limitation the: (i) Community Facilities Guaranteed Loan Program; (ii) Community Development Block Grant; (iii) Child and Adult Care Food Program; (iv) Child Care and Development Block Grant; (v) Early Head Start-Child Care Partnership Grant; (vi) Arkansas Better Chance Program; and (vii) Arkansas Special Nutrition Program; and (I) Availability of a federal or state tax credit or other federal or state tax benefit, including without limitation the employer-provided child care credit that is available to taxpayers under §§ 26-51-507 and 26-51-508 . (2) The Division of Child Care and Early Childhood Education shall place a form and graphical chart created in accordance with subdivision (d)(1) of this section in a conspicuous location on the website of the department. Amended by Act 2019, No. 131,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2307, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2306, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2305, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2304, eff. 7/1/2019. Amended by Act 2017, No. 576,§ 1, eff. 8/1/2017. Acts 1969, No. 434, § 12; 1973, No. 123, § 2; 1979, No. 904, § 1; A.S.A. 1947, § 83-911; Acts 1987, No. 856, § 1; 1989, No. 400, §§ 1, 2; 1995, No. 1280, §§ 13, 14; 1997, No. 250, § 205; 1997, No. 1132, § 4; 1999, No. 1222, § 9; 2001, No. 1271, § 1; 2009, No. 187, § 2; 2011, No. 1121, § 15.

(a) There is created the Division of Child Care and Early Childhood Education within the Department of Human Services. In creating the Division of Child Care and Early Childhood Education, the General Assembly intends for the following to be maintained and enhanced: (1) Coordination of existing early childhood education and childcare programs; (2) Placement of children in quality early childhood programs which support their development and readiness for school; (3) Development of new childcare services under welfare reform which promote the developmental needs of children receiving transitional employment assistance benefits or other forms of public assistance; (4) Quality program standards for all early childhood and childcare programs; (5) State support for early childhood and childcare programs to attain quality program standards; (6) Economic and cultural integration of children in early childhood programs; (7) Access to additional support services for early childhood and childcare programs, such as healthcare and nutrition services; (8) Career development opportunities for early childhood program staff; (9) On-going interagency planning and collaboration in regard to early childhood and child care; (10) Parent support and education in choosing appropriate early childhood programs for their children; and (11) State support for local leadership, program innovation, and excellence in early childhood and care programs.

(1) Coordination of existing early childhood education and childcare programs;

(2) Placement of children in quality early childhood programs which support their development and readiness for school;

(3) Development of new childcare services under welfare reform which promote the developmental needs of children receiving transitional employment assistance benefits or other forms of public assistance;

(4) Quality program standards for all early childhood and childcare programs;

(5) State support for early childhood and childcare programs to attain quality program standards;

(6) Economic and cultural integration of children in early childhood programs;

(7) Access to additional support services for early childhood and childcare programs, such as healthcare and nutrition services;

(8) Career development opportunities for early childhood program staff;

(9) On-going interagency planning and collaboration in regard to early childhood and child care;

(10) Parent support and education in choosing appropriate early childhood programs for their children; and

(11) State support for local leadership, program innovation, and excellence in early childhood and care programs.

(b) The Division of Child Care and Early Childhood Education shall have the following duties: (1) Administration of the Child Care and Development Block Grant and other childcare funds, state and federal, that are available to the department; (2) Administration of the Arkansas Better Chance Program, under interagency agreement with the Division of Elementary and Secondary Education; (3) Administration of the Arkansas Special Nutrition Program; (4) Establishment and promulgation of rules setting standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of childcare facilities in this state, as defined by § 20-78-202 ; (5) Staff support for the operation of the Arkansas Early Childhood Commission; (6) Provide consultative resources for the private sector in developing childcare programs; (7) Provide consultative resources for the private sector in developing childcare facilities; (8) Solicit grant funds for exemplary early childhood and childcare programs; and (9) Administration of the birth through prekindergarten teaching credential and the promulgation of rules to implement the teaching credential program under § 20-78-801 et seq.

(1) Administration of the Child Care and Development Block Grant and other childcare funds, state and federal, that are available to the department;

(2) Administration of the Arkansas Better Chance Program, under interagency agreement with the Division of Elementary and Secondary Education;

(3) Administration of the Arkansas Special Nutrition Program;

(4) Establishment and promulgation of rules setting standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of childcare facilities in this state, as defined by § 20-78-202 ;

(5) Staff support for the operation of the Arkansas Early Childhood Commission;

(6) Provide consultative resources for the private sector in developing childcare programs;

(7) Provide consultative resources for the private sector in developing childcare facilities;

(8) Solicit grant funds for exemplary early childhood and childcare programs; and

(9) Administration of the birth through prekindergarten teaching credential and the promulgation of rules to implement the teaching credential program under § 20-78-801 et seq.

(c) (1) In addition to any other rights, powers, functions, and duties granted by law to the Division of Child Care and Early Childhood Education, the department is hereby authorized to promote and cooperate in the establishment of a foundation under the Arkansas nonprofit corporation law and to accept support and assistance in the form of money, property, or otherwise from the foundation to be used to enhance quality, affordability, and availability of child care and early education for all children in the state. (2) If a foundation is established for the early care and education of children and if the department shares resources or facilities with the foundation or accepts support and assistance from the foundation, the foundation shall file annually a report with the Governor, the Legislative Council, and the Legislative Joint Auditing Committee showing the amount and source of all gifts, grants, and donations of money or property received by the foundation and all expenditures or other dispositions of money or property by the foundation during the preceding year. (3) After consultation with the commission, the Director of the Division of Child Care and Early Childhood Education shall prepare rules for the use of foundation funds. The director shall submit the proposed rules to the Legislative Council for its review. (4) No person over whom the department has day-to-day managerial control shall receive compensation or remuneration from funds not in the State Treasury.

(1) In addition to any other rights, powers, functions, and duties granted by law to the Division of Child Care and Early Childhood Education, the department is hereby authorized to promote and cooperate in the establishment of a foundation under the Arkansas nonprofit corporation law and to accept support and assistance in the form of money, property, or otherwise from the foundation to be used to enhance quality, affordability, and availability of child care and early education for all children in the state.

(2) If a foundation is established for the early care and education of children and if the department shares resources or facilities with the foundation or accepts support and assistance from the foundation, the foundation shall file annually a report with the Governor, the Legislative Council, and the Legislative Joint Auditing Committee showing the amount and source of all gifts, grants, and donations of money or property received by the foundation and all expenditures or other dispositions of money or property by the foundation during the preceding year.

(3) After consultation with the commission, the Director of the Division of Child Care and Early Childhood Education shall prepare rules for the use of foundation funds. The director shall submit the proposed rules to the Legislative Council for its review.

(4) No person over whom the department has day-to-day managerial control shall receive compensation or remuneration from funds not in the State Treasury.

(d) (1) The Division of Child Care and Early Childhood Education shall create and make available on the website of the department a form and graphical chart that concisely explains the: (A) Minimum licensing requirements for a licensed home; (B) Minimum licensing requirements for a licensed childcare center; (C) Procedure for obtaining licensure as a licensed home or licensed childcare center; (D) Registration requirements for a registered childcare family home; (E) Procedure for registering as a registered childcare family home; (F) Voluntary registry of daycare family homes; (G) Procedure for registering a daycare family home with the voluntary registry; (H) Availability of federal or state funds, grants, programs, or other financial assistance, including without limitation the: (i) Community Facilities Guaranteed Loan Program; (ii) Community Development Block Grant; (iii) Child and Adult Care Food Program; (iv) Child Care and Development Block Grant; (v) Early Head Start-Child Care Partnership Grant; (vi) Arkansas Better Chance Program; and (vii) Arkansas Special Nutrition Program; and (I) Availability of a federal or state tax credit or other federal or state tax benefit, including without limitation the employer-provided child care credit that is available to taxpayers under §§ 26-51-507 and 26-51-508 . (2) The Division of Child Care and Early Childhood Education shall place a form and graphical chart created in accordance with subdivision (d)(1) of this section in a conspicuous location on the website of the department.

(1) The Division of Child Care and Early Childhood Education shall create and make available on the website of the department a form and graphical chart that concisely explains the: (A) Minimum licensing requirements for a licensed home; (B) Minimum licensing requirements for a licensed childcare center; (C) Procedure for obtaining licensure as a licensed home or licensed childcare center; (D) Registration requirements for a registered childcare family home; (E) Procedure for registering as a registered childcare family home; (F) Voluntary registry of daycare family homes; (G) Procedure for registering a daycare family home with the voluntary registry; (H) Availability of federal or state funds, grants, programs, or other financial assistance, including without limitation the: (i) Community Facilities Guaranteed Loan Program; (ii) Community Development Block Grant; (iii) Child and Adult Care Food Program; (iv) Child Care and Development Block Grant; (v) Early Head Start-Child Care Partnership Grant; (vi) Arkansas Better Chance Program; and (vii) Arkansas Special Nutrition Program; and (I) Availability of a federal or state tax credit or other federal or state tax benefit, including without limitation the employer-provided child care credit that is available to taxpayers under §§ 26-51-507 and 26-51-508 .

(A) Minimum licensing requirements for a licensed home;

(B) Minimum licensing requirements for a licensed childcare center;

(C) Procedure for obtaining licensure as a licensed home or licensed childcare center;

(D) Registration requirements for a registered childcare family home;

(E) Procedure for registering as a registered childcare family home;

(F) Voluntary registry of daycare family homes;

(G) Procedure for registering a daycare family home with the voluntary registry;

(H) Availability of federal or state funds, grants, programs, or other financial assistance, including without limitation the: (i) Community Facilities Guaranteed Loan Program; (ii) Community Development Block Grant; (iii) Child and Adult Care Food Program; (iv) Child Care and Development Block Grant; (v) Early Head Start-Child Care Partnership Grant; (vi) Arkansas Better Chance Program; and (vii) Arkansas Special Nutrition Program; and

(i) Community Facilities Guaranteed Loan Program;

(ii) Community Development Block Grant;

(iii) Child and Adult Care Food Program;

(iv) Child Care and Development Block Grant;

(v) Early Head Start-Child Care Partnership Grant;

(vi) Arkansas Better Chance Program; and

(vii) Arkansas Special Nutrition Program; and

(I) Availability of a federal or state tax credit or other federal or state tax benefit, including without limitation the employer-provided child care credit that is available to taxpayers under §§ 26-51-507 and 26-51-508 .

(2) The Division of Child Care and Early Childhood Education shall place a form and graphical chart created in accordance with subdivision (d)(1) of this section in a conspicuous location on the website of the department.

Amended by Act 2019, No. 131,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2307, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2306, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2305, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2304, eff. 7/1/2019.

Amended by Act 2017, No. 576,§ 1, eff. 8/1/2017.

Acts 1969, No. 434, § 12; 1973, No. 123, § 2; 1979, No. 904, § 1; A.S.A. 1947, § 83-911; Acts 1987, No. 856, § 1; 1989, No. 400, §§ 1, 2; 1995, No. 1280, §§ 13, 14; 1997, No. 250, § 205; 1997, No. 1132, § 4; 1999, No. 1222, § 9; 2001, No. 1271, § 1; 2009, No. 187, § 2; 2011, No. 1121, § 15.
Ark. Code Ann. § 20-7-118 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-118
Annual conference for health officers
Status: in_force

(a) There shall be an annual conference of county health officers and city health officers of this state, meeting at such time and place as the State Board of Health designates. The President of the State Board of Health or some member of the board shall preside at the conference. (b) Each of the several counties, towns, and cities may provide for and pay the necessary expenses of its county health officer or city health officer for attendance at the conference. Acts 1913, No. 96, § 31; C. & M. Dig., § 5145; Pope's Dig., § 6416; A.S.A. 1947, § 82-120.

(a) There shall be an annual conference of county health officers and city health officers of this state, meeting at such time and place as the State Board of Health designates. The President of the State Board of Health or some member of the board shall preside at the conference.

(b) Each of the several counties, towns, and cities may provide for and pay the necessary expenses of its county health officer or city health officer for attendance at the conference.

Acts 1913, No. 96, § 31; C. & M. Dig., § 5145; Pope's Dig., § 6416; A.S.A. 1947, § 82-120.
Ark. Code Ann. § 20-86-109 — AR Code / Title 20 / Chapter 86 / Section 20-86-109
Matching funds
Status: in_force

(a) (1) Any individual, business, organization, or other entity may contribute matching funds to a fiduciary organization. (2) The funds shall be designated to the fiduciary organization to allocate to participants who meet the requirements in § 20-86-106 . (b) (1) A credit shall be allowed against the income tax liability imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for any Arkansas taxpayer who contributes to a fiduciary organization created pursuant to this subchapter in an amount equal to fifty percent (50%) of the amount of matching funds contributed to a fiduciary organization during the calendar year. (2) The amount of the credit that may be used by a taxpayer for a taxable year shall not exceed the lesser of twenty-five thousand dollars ($25,000) or the amount of individual or corporate income tax otherwise due. (c) Any unused credit may be carried over for a maximum of three (3) years up to a total tax credit allowed in the amount of twenty-five thousand dollars ($25,000). (d) (1) (A) To claim the benefits of this section, a taxpayer must notify the fiduciary organization that the taxpayer intends to make a contribution and the amount of the contribution. (B) The fiduciary organization shall then notify the Division of Workforce Services and request a certification from the division certifying the amount of the tax credit to which the taxpayer is entitled. (C) The fiduciary organization shall deliver the certification to the taxpayer upon receipt of the contribution. (2) A taxpayer must file the certificate with the taxpayer's income tax return for the first year in which the taxpayer claims a tax credit under this subchapter. (e) The total amount of tax credits certified under this subchapter shall not exceed one hundred thousand dollars ($100,000) per calendar year. (f) The Department of Finance and Administration shall promulgate any rules necessary to carry out the provisions of this section. (g) The division may monitor the use of these funds by fiduciary organizations. Amended by Act 2019, No. 315,§ 2312, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 565, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 564, eff. 7/1/2019. Acts 1999, No. 1217, § 9; 2007, No. 252, § 4; 2009, No. 1468, §§ 1, 2.

(a) (1) Any individual, business, organization, or other entity may contribute matching funds to a fiduciary organization. (2) The funds shall be designated to the fiduciary organization to allocate to participants who meet the requirements in § 20-86-106 .

(1) Any individual, business, organization, or other entity may contribute matching funds to a fiduciary organization.

(2) The funds shall be designated to the fiduciary organization to allocate to participants who meet the requirements in § 20-86-106 .

(b) (1) A credit shall be allowed against the income tax liability imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for any Arkansas taxpayer who contributes to a fiduciary organization created pursuant to this subchapter in an amount equal to fifty percent (50%) of the amount of matching funds contributed to a fiduciary organization during the calendar year. (2) The amount of the credit that may be used by a taxpayer for a taxable year shall not exceed the lesser of twenty-five thousand dollars ($25,000) or the amount of individual or corporate income tax otherwise due.

(1) A credit shall be allowed against the income tax liability imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for any Arkansas taxpayer who contributes to a fiduciary organization created pursuant to this subchapter in an amount equal to fifty percent (50%) of the amount of matching funds contributed to a fiduciary organization during the calendar year.

(2) The amount of the credit that may be used by a taxpayer for a taxable year shall not exceed the lesser of twenty-five thousand dollars ($25,000) or the amount of individual or corporate income tax otherwise due.

(c) Any unused credit may be carried over for a maximum of three (3) years up to a total tax credit allowed in the amount of twenty-five thousand dollars ($25,000).

(d) (1) (A) To claim the benefits of this section, a taxpayer must notify the fiduciary organization that the taxpayer intends to make a contribution and the amount of the contribution. (B) The fiduciary organization shall then notify the Division of Workforce Services and request a certification from the division certifying the amount of the tax credit to which the taxpayer is entitled. (C) The fiduciary organization shall deliver the certification to the taxpayer upon receipt of the contribution. (2) A taxpayer must file the certificate with the taxpayer's income tax return for the first year in which the taxpayer claims a tax credit under this subchapter.

(1) (A) To claim the benefits of this section, a taxpayer must notify the fiduciary organization that the taxpayer intends to make a contribution and the amount of the contribution. (B) The fiduciary organization shall then notify the Division of Workforce Services and request a certification from the division certifying the amount of the tax credit to which the taxpayer is entitled. (C) The fiduciary organization shall deliver the certification to the taxpayer upon receipt of the contribution.

(A) To claim the benefits of this section, a taxpayer must notify the fiduciary organization that the taxpayer intends to make a contribution and the amount of the contribution.

(B) The fiduciary organization shall then notify the Division of Workforce Services and request a certification from the division certifying the amount of the tax credit to which the taxpayer is entitled.

(C) The fiduciary organization shall deliver the certification to the taxpayer upon receipt of the contribution.

(2) A taxpayer must file the certificate with the taxpayer's income tax return for the first year in which the taxpayer claims a tax credit under this subchapter.

(e) The total amount of tax credits certified under this subchapter shall not exceed one hundred thousand dollars ($100,000) per calendar year.

(f) The Department of Finance and Administration shall promulgate any rules necessary to carry out the provisions of this section.

(g) The division may monitor the use of these funds by fiduciary organizations.

Amended by Act 2019, No. 315,§ 2312, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 565, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 564, eff. 7/1/2019.

Acts 1999, No. 1217, § 9; 2007, No. 252, § 4; 2009, No. 1468, §§ 1, 2.