Ark. Code Ann. § 20-80-302 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-302
Purpose
Status: in_force

(a) The purpose of this subchapter is to encourage nonprofit community action organizations which have been formed to provide basic and essential human services to low income and elderly citizens of Arkansas in the areas of health, transportation, housing, home repair and weatherization, aging programs and aging alternatives to institutionalization, developmental child care and enrichment, youth opportunity programs, and other related activities which the General Assembly recognizes as beneficial to a large number of Arkansas citizens. (b) It is further the purpose of this subchapter to encourage and promote the operations and activities of community action agencies whether the activities are conducted by one (1) agency or by two (2) or more cooperating agencies. Amended by Act 2019, No. 910,§ 3209, eff. 7/1/2019. Acts 1985, No. 345, § 1; A.S.A. 1947, § 83-1107.

(a) The purpose of this subchapter is to encourage nonprofit community action organizations which have been formed to provide basic and essential human services to low income and elderly citizens of Arkansas in the areas of health, transportation, housing, home repair and weatherization, aging programs and aging alternatives to institutionalization, developmental child care and enrichment, youth opportunity programs, and other related activities which the General Assembly recognizes as beneficial to a large number of Arkansas citizens.

(b) It is further the purpose of this subchapter to encourage and promote the operations and activities of community action agencies whether the activities are conducted by one (1) agency or by two (2) or more cooperating agencies.

Amended by Act 2019, No. 910,§ 3209, eff. 7/1/2019.

Acts 1985, No. 345, § 1; A.S.A. 1947, § 83-1107.
Ark. Code Ann. § 20-77-406 — AR Code / Title 20 / Chapter 77 / Subchapter 4 / Section 20-77-406
Prescription limits
Status: in_force

(a) The Arkansas Medicaid Program shall allow an adult beneficiary to have six (6) prescriptions per month. (b) Prescriptions issued under the program shall be renewed at time intervals consistent with and no stricter than state and federal laws. (c) The program shall not count a medication for any of the following conditions or treatments towards the prescription benefit cap for an adult Medicaid beneficiary per month: (1) High blood pressure; (2) Hypercholesteriolemia; (3) Blood modifiers; (4) Diabetes; or (5) Inhalers to treat respiratory illness. (d) On or before January 1, 2022, the Department of Human Services shall submit and apply for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement this section. (e) Quarterly, the department shall report on the progress and implementation of this section to: (1) The Senate Committee on Public Health, Welfare, and Labor; and (2) The House Committee on Public Health, Welfare, and Labor. Added by Act 2021, No. 758,§ 1, eff. 7/28/2021.

(a) The Arkansas Medicaid Program shall allow an adult beneficiary to have six (6) prescriptions per month.

(b) Prescriptions issued under the program shall be renewed at time intervals consistent with and no stricter than state and federal laws.

(c) The program shall not count a medication for any of the following conditions or treatments towards the prescription benefit cap for an adult Medicaid beneficiary per month: (1) High blood pressure; (2) Hypercholesteriolemia; (3) Blood modifiers; (4) Diabetes; or (5) Inhalers to treat respiratory illness.

(1) High blood pressure;

(2) Hypercholesteriolemia;

(3) Blood modifiers;

(4) Diabetes; or

(5) Inhalers to treat respiratory illness.

(d) On or before January 1, 2022, the Department of Human Services shall submit and apply for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement this section.

(e) Quarterly, the department shall report on the progress and implementation of this section to: (1) The Senate Committee on Public Health, Welfare, and Labor; and (2) The House Committee on Public Health, Welfare, and Labor.

(1) The Senate Committee on Public Health, Welfare, and Labor; and

(2) The House Committee on Public Health, Welfare, and Labor.

Added by Act 2021, No. 758,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-77-1508 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1508
Immunity and liability
Status: in_force

No liability on the part of and no cause of action of any nature shall arise against any member of the board of directors of a community-based health cooperative or against an employee or agent of a community-based health cooperative for any lawful action taken by them in the performance of their administrative powers and duties under this subchapter. Acts 2003, No. 660, § 8.

No liability on the part of and no cause of action of any nature shall arise against any member of the board of directors of a community-based health cooperative or against an employee or agent of a community-based health cooperative for any lawful action taken by them in the performance of their administrative powers and duties under this subchapter.

Acts 2003, No. 660, § 8.
Ark. Code Ann. § 20-76-501 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-501
[Repealed]
Status: repealed

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

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

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-48-104 — AR Code / Title 20 / Chapter 48 / Subchapter 1 / Section 20-48-104
Intermediate Care Facilities for Individuals with Intellectual Disabilities program - Administration
Status: in_force

(a) The operation of the community-based Intermediate Care Facilities for Individuals with Intellectual Disabilities program will be subject to the oversight of a five-member committee composed of three (3) members of the House of Representatives to be appointed by the Speaker of the House of Representatives and two (2) members of the Senate to be appointed by the President Pro Tempore of the Senate. (b) The committee shall provide oversight for the operation of the program and make recommendations, within the appropriate federal regulations and guidelines, to the Division of Developmental Disabilities Services and the Office of Long-Term Care to establish and clarify the mission, goals, levels of services, and scope of the program and to provide consistency in state rules, guidelines, standards, and policies. (c) The committee shall also make recommendations for adequate funding to ensure the fiscal integrity of the program to allow it to be operated pursuant to the state rules and federal regulations, guidelines, standards, and policies. Amended by Act 2019, No. 315,§ 2148, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 18, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 58, eff. 7/24/2019. Acts 1991, No. 922, § 20; 1991, No. 1129, § 26.

(a) The operation of the community-based Intermediate Care Facilities for Individuals with Intellectual Disabilities program will be subject to the oversight of a five-member committee composed of three (3) members of the House of Representatives to be appointed by the Speaker of the House of Representatives and two (2) members of the Senate to be appointed by the President Pro Tempore of the Senate.

(b) The committee shall provide oversight for the operation of the program and make recommendations, within the appropriate federal regulations and guidelines, to the Division of Developmental Disabilities Services and the Office of Long-Term Care to establish and clarify the mission, goals, levels of services, and scope of the program and to provide consistency in state rules, guidelines, standards, and policies.

(c) The committee shall also make recommendations for adequate funding to ensure the fiscal integrity of the program to allow it to be operated pursuant to the state rules and federal regulations, guidelines, standards, and policies.

Amended by Act 2019, No. 315,§ 2148, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 18, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 58, eff. 7/24/2019.

Acts 1991, No. 922, § 20; 1991, No. 1129, § 26.
Ark. Code Ann. § 20-22-1009 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1009
State Fire Marshal
Status: in_force

(a) There is created the position of State Fire Marshal within the Office of Fire Protection Services of the Division of Emergency Management. (b) The State Fire Marshal shall be under the supervision and direction of the Director of the Division of Emergency Management. (c) The State Fire Marshal shall work in coordination with the Coordinator of the Office of Fire Protection Services, the Arkansas Fire Protection Services Board, and the Director of the Division of Emergency Management. (d) The State Fire Marshal, who shall be employed by the Director of the Division of Emergency Management, in consultation with the Secretary of the Department of Public Safety, shall have the responsibility to carry out the administrative functions and directives assigned to the State Fire Marshal. (e) The State Fire Marshal may delegate administrative and investigative duties to the qualified personnel of the Office of Fire Protection Services. Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.

(a) There is created the position of State Fire Marshal within the Office of Fire Protection Services of the Division of Emergency Management.

(b) The State Fire Marshal shall be under the supervision and direction of the Director of the Division of Emergency Management.

(c) The State Fire Marshal shall work in coordination with the Coordinator of the Office of Fire Protection Services, the Arkansas Fire Protection Services Board, and the Director of the Division of Emergency Management.

(d) The State Fire Marshal, who shall be employed by the Director of the Division of Emergency Management, in consultation with the Secretary of the Department of Public Safety, shall have the responsibility to carry out the administrative functions and directives assigned to the State Fire Marshal.

(e) The State Fire Marshal may delegate administrative and investigative duties to the qualified personnel of the Office of Fire Protection Services.

Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.
Ark. Code Ann. § 20-23-305 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-305
Special inspection
Status: in_force

If at any time the owner, user, or agent of the owner of any boiler within the state shall desire a special inspection of any boiler, it shall be made by the Boiler Inspection Division after due request thereof. The inspector making the inspection shall collect a fee of one hundred dollars ($100) for each boiler together with his or her expenses from Little Rock to the place of inspection and return. Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1991, No. 560, § 1.

If at any time the owner, user, or agent of the owner of any boiler within the state shall desire a special inspection of any boiler, it shall be made by the Boiler Inspection Division after due request thereof. The inspector making the inspection shall collect a fee of one hundred dollars ($100) for each boiler together with his or her expenses from Little Rock to the place of inspection and return.

Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1991, No. 560, § 1.
Ark. Code Ann. § 20-58-207 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-207
Prohibited acts
Status: in_force

(a) No person, firm, or corporation shall sell, traffic in, or deliver to the retail or consuming trade any eggs unfit for human food. (b) It shall be unlawful to: (1) Prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, sell in bulk or containers, or advertise by sign, placard, or otherwise any eggs for human consumption which are mislabeled or deceptive or that are or contain inedible eggs not denatured or eggs that have been incubated; (2) Use descriptive terminology as to eggs that have not been graded and sized according to the standards set forth by the Arkansas Livestock and Poultry Commission; or (3) Use descriptive terminology such as "fresh" to represent the same to be "fresh" any eggs excepting those eggs that meet the minimum requirements of Grade A or higher according to the standards set forth by the commission. (c) No eggs shall be sold for resale to consumers below U.S. Consumer Grade B. (d) All restaurants, hotels, hospitals, and other eating establishments which knowingly purchase, sell, serve, or use in food preparation eggs below U.S. Consumer Grade B quality will be in violation of this subchapter. (e) Eggs in retail shall not be removed from the immediate container in which the eggs were received and placed into a different container by the retailer. Amended by Act 2023, No. 598,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 598,§ 4, eff. 8/1/2023. Acts 1969, No. 220, §§ 4, 14, 18; A.S.A. 1947, §§ 82-1304, 82-1315, 82-1321; Acts 1997, No. 700, § 2.

(a) No person, firm, or corporation shall sell, traffic in, or deliver to the retail or consuming trade any eggs unfit for human food.

(b) It shall be unlawful to: (1) Prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, sell in bulk or containers, or advertise by sign, placard, or otherwise any eggs for human consumption which are mislabeled or deceptive or that are or contain inedible eggs not denatured or eggs that have been incubated; (2) Use descriptive terminology as to eggs that have not been graded and sized according to the standards set forth by the Arkansas Livestock and Poultry Commission; or (3) Use descriptive terminology such as "fresh" to represent the same to be "fresh" any eggs excepting those eggs that meet the minimum requirements of Grade A or higher according to the standards set forth by the commission.

(1) Prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, sell in bulk or containers, or advertise by sign, placard, or otherwise any eggs for human consumption which are mislabeled or deceptive or that are or contain inedible eggs not denatured or eggs that have been incubated;

(2) Use descriptive terminology as to eggs that have not been graded and sized according to the standards set forth by the Arkansas Livestock and Poultry Commission; or

(3) Use descriptive terminology such as "fresh" to represent the same to be "fresh" any eggs excepting those eggs that meet the minimum requirements of Grade A or higher according to the standards set forth by the commission.

(c) No eggs shall be sold for resale to consumers below U.S. Consumer Grade B.

(d) All restaurants, hotels, hospitals, and other eating establishments which knowingly purchase, sell, serve, or use in food preparation eggs below U.S. Consumer Grade B quality will be in violation of this subchapter.

(e) Eggs in retail shall not be removed from the immediate container in which the eggs were received and placed into a different container by the retailer.

Amended by Act 2023, No. 598,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 598,§ 4, eff. 8/1/2023.

Acts 1969, No. 220, §§ 4, 14, 18; A.S.A. 1947, §§ 82-1304, 82-1315, 82-1321; Acts 1997, No. 700, § 2.
Ark. Code Ann. § 20-22-802 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-802
Definitions
Status: in_force

As used in this subchapter: (1) [Repealed.] (2) "Certified fire department" means any fire department certified by the Director of the Office of Fire Protection Services as meeting minimum standards prescribed by the Arkansas Fire Protection Services Board; (3) [Repealed.] (4) "Fire department" means any organization established for the prevention or extinguishment of fires, including, but not limited to, fire departments organized under municipal or county ordinances, improvement districts, membership fee-based private fire departments, and volunteer fire departments; and (5) "Firefighter" means any paid or volunteer member of a fire department who engages in fire suppressions, rescue, pump operations, or other fire-ground activities. Amended by Act 2019, No. 389,§ 40, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 39, eff. 7/24/2019. Acts 1987, No. 837, § 2; 2003, No. 1396, § 1; 2003, No. 1459, § 1.

As used in this subchapter:

(1) [Repealed.]

(2) "Certified fire department" means any fire department certified by the Director of the Office of Fire Protection Services as meeting minimum standards prescribed by the Arkansas Fire Protection Services Board;

(3) [Repealed.]

(4) "Fire department" means any organization established for the prevention or extinguishment of fires, including, but not limited to, fire departments organized under municipal or county ordinances, improvement districts, membership fee-based private fire departments, and volunteer fire departments; and

(5) "Firefighter" means any paid or volunteer member of a fire department who engages in fire suppressions, rescue, pump operations, or other fire-ground activities.

Amended by Act 2019, No. 389,§ 40, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 39, eff. 7/24/2019.

Acts 1987, No. 837, § 2; 2003, No. 1396, § 1; 2003, No. 1459, § 1.
Ark. Code Ann. § 20-8-806 — AR Code / Title 20 / Chapter 8 / Subchapter 8 / Section 20-8-806
Notice of agency relationship
Status: in_force

(a) The healthcare provider or medical professional shall provide written notice to each patient, parent of the patient, or legal guardian of the patient served under a contract described in this subchapter. (b) The written notice shall: (1) Be acknowledged in writing by the patient, the parent of the patient, or the legal guardian of the patient; and (2) Contain information that: (A) The healthcare provider or medical professional is an agent of the state; and (B) The exclusive remedy for damage or injury suffered as a result of any act or omission by the healthcare provider or medical professional acting within the scope of duties under a contract described in this subchapter is to file a claim in the Arkansas State Claims Commission. (c) The healthcare provider or medical professional may comply with the requirements of subdivisions (b)(2)(A) and (B) of this section by posting the notice in a conspicuous place within the place of business of the healthcare provider or medical professional. Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.

(a) The healthcare provider or medical professional shall provide written notice to each patient, parent of the patient, or legal guardian of the patient served under a contract described in this subchapter.

(b) The written notice shall: (1) Be acknowledged in writing by the patient, the parent of the patient, or the legal guardian of the patient; and (2) Contain information that: (A) The healthcare provider or medical professional is an agent of the state; and (B) The exclusive remedy for damage or injury suffered as a result of any act or omission by the healthcare provider or medical professional acting within the scope of duties under a contract described in this subchapter is to file a claim in the Arkansas State Claims Commission.

(1) Be acknowledged in writing by the patient, the parent of the patient, or the legal guardian of the patient; and

(2) Contain information that: (A) The healthcare provider or medical professional is an agent of the state; and (B) The exclusive remedy for damage or injury suffered as a result of any act or omission by the healthcare provider or medical professional acting within the scope of duties under a contract described in this subchapter is to file a claim in the Arkansas State Claims Commission.

(A) The healthcare provider or medical professional is an agent of the state; and

(B) The exclusive remedy for damage or injury suffered as a result of any act or omission by the healthcare provider or medical professional acting within the scope of duties under a contract described in this subchapter is to file a claim in the Arkansas State Claims Commission.

(c) The healthcare provider or medical professional may comply with the requirements of subdivisions (b)(2)(A) and (B) of this section by posting the notice in a conspicuous place within the place of business of the healthcare provider or medical professional.

Added by Act 2017, No. 958,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-56-223 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-223
State Board of Health - Enforcement of federal law
Status: in_force

The State Board of Health is authorized to confer and cooperate with the United States Food and Drug Administration in the enforcement of the Federal Food, Drug, and Cosmetic Act as it may apply to food, liquor, drugs, and cosmetic products received in this state from other states, territories, or foreign countries. Acts 1953, No. 415, § 23; A.S.A. 1947, § 82-1123.

The State Board of Health is authorized to confer and cooperate with the United States Food and Drug Administration in the enforcement of the Federal Food, Drug, and Cosmetic Act as it may apply to food, liquor, drugs, and cosmetic products received in this state from other states, territories, or foreign countries.

Acts 1953, No. 415, § 23; A.S.A. 1947, § 82-1123.
Ark. Code Ann. § 20-59-244 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-244
Unlawful acts - Pasteurized milk - Permit
Status: in_force

It shall be unlawful to label, sell, or offer for sale as pasteurized any milk unless it has been pasteurized in accordance with the provisions of the United States Public Health Service Standard Milk Ordinance and Code under a permit issued by the Secretary of the Department of Health. However, no permit shall be required where plants are operating under permit from a municipality enforcing the United States Public Health Service Standard Milk Ordinance and Code. Amended by Act 2019, No. 910,§ 5065, eff. 7/1/2019. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to label, sell, or offer for sale as pasteurized any milk unless it has been pasteurized in accordance with the provisions of the United States Public Health Service Standard Milk Ordinance and Code under a permit issued by the Secretary of the Department of Health. However, no permit shall be required where plants are operating under permit from a municipality enforcing the United States Public Health Service Standard Milk Ordinance and Code.

Amended by Act 2019, No. 910,§ 5065, eff. 7/1/2019.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-13-1702 — AR Code / Title 20 / Chapter 13 / Subchapter 17 / Section 20-13-1702
Legislative findings
Status: in_force

The General Assembly finds that: (1) In the United States, drug overdose death rates more than tripled since 1990; (2) Every day in the United States, one hundred twenty (120) people die as a result of a drug overdose while another six thousand seven hundred forty-eight (6,748) are treated in emergency departments for the misuse or abuse of drugs; (3) Joshua Ashley-Pauley of Faulkner County died of a drug overdose in May 2014; (4) Drug overdoses were the leading cause of death in 2012, with drug overdoses causing more deaths among people between twenty-five (25) years of age and sixty-four (64) years of age than motor vehicle traffic crashes; (5) Overdose reporting legislation, medical amnesty legislation, or 911 Good Samaritan laws have been enacted in fourteen (14) states, including Louisiana, Oklahoma, and Tennessee, and are under consideration in several other states; (6) In North Carolina, it is believed that at least twenty (20) lives have been saved since passage of similar legislation; and (7) The State of Arkansas must take steps to combat the increase of drug overdoses in the state and protect the health and safety of its citizens. Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.

The General Assembly finds that:

(1) In the United States, drug overdose death rates more than tripled since 1990;

(2) Every day in the United States, one hundred twenty (120) people die as a result of a drug overdose while another six thousand seven hundred forty-eight (6,748) are treated in emergency departments for the misuse or abuse of drugs;

(3) Joshua Ashley-Pauley of Faulkner County died of a drug overdose in May 2014;

(4) Drug overdoses were the leading cause of death in 2012, with drug overdoses causing more deaths among people between twenty-five (25) years of age and sixty-four (64) years of age than motor vehicle traffic crashes;

(5) Overdose reporting legislation, medical amnesty legislation, or 911 Good Samaritan laws have been enacted in fourteen (14) states, including Louisiana, Oklahoma, and Tennessee, and are under consideration in several other states;

(6) In North Carolina, it is believed that at least twenty (20) lives have been saved since passage of similar legislation; and

(7) The State of Arkansas must take steps to combat the increase of drug overdoses in the state and protect the health and safety of its citizens.

Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-16-2409 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2409
Penalties
Status: in_force

(a) (1) A person who performs an abortion shall be subject to a fine of five thousand dollars ($5,000) for each abortion performed without complying with the requirements of § 20-16-2407 . (2) The abortion facility at which the abortion was performed shall be jointly and severally liable for each fine assessed under subdivision (a)(1) of this section. (b) The fine imposed by this section is in addition to the criminal liability under the Woman's Right-to-Know Act, § 20-16-1701 et seq. (c) The Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed may file an action to recover the fine assessed under subdivision (a)(1) of this section as well as reasonable and necessary attorney's fees and costs incurred in bringing the action. (d) (1) Any person may bring a civil action to recover the civil penalty assessed under this section if: (A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and (B) Another person has not already recovered a fine for that specific violation of this subchapter. (2) If the person recovers the fine assessed under this section, the person may also recover attorney's fees and costs incurred in bringing the action. Amended by Act 2023, No. 703,§ 7, eff. 8/1/2023. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

(a) (1) A person who performs an abortion shall be subject to a fine of five thousand dollars ($5,000) for each abortion performed without complying with the requirements of § 20-16-2407 . (2) The abortion facility at which the abortion was performed shall be jointly and severally liable for each fine assessed under subdivision (a)(1) of this section.

(1) A person who performs an abortion shall be subject to a fine of five thousand dollars ($5,000) for each abortion performed without complying with the requirements of § 20-16-2407 .

(2) The abortion facility at which the abortion was performed shall be jointly and severally liable for each fine assessed under subdivision (a)(1) of this section.

(b) The fine imposed by this section is in addition to the criminal liability under the Woman's Right-to-Know Act, § 20-16-1701 et seq.

(c) The Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed may file an action to recover the fine assessed under subdivision (a)(1) of this section as well as reasonable and necessary attorney's fees and costs incurred in bringing the action.

(d) (1) Any person may bring a civil action to recover the civil penalty assessed under this section if: (A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and (B) Another person has not already recovered a fine for that specific violation of this subchapter. (2) If the person recovers the fine assessed under this section, the person may also recover attorney's fees and costs incurred in bringing the action.

(1) Any person may bring a civil action to recover the civil penalty assessed under this section if: (A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and (B) Another person has not already recovered a fine for that specific violation of this subchapter.

(A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and

(B) Another person has not already recovered a fine for that specific violation of this subchapter.

(2) If the person recovers the fine assessed under this section, the person may also recover attorney's fees and costs incurred in bringing the action.

Amended by Act 2023, No. 703,§ 7, eff. 8/1/2023.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-10-1407 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1407
[Repealed]
Status: repealed

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021. Acts 1999, No. 1529, § 7; 2001, No. 1397, § 5; 2005, No. 1411, § 6.

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021.

Acts 1999, No. 1529, § 7; 2001, No. 1397, § 5; 2005, No. 1411, § 6.
Ark. Code Ann. § 20-27-1008 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1008
Asbestos Abatement Grant Program - Limitation on grant funds
Status: in_force

(a) There is created within the Division of Environmental Quality the Asbestos Abatement Grant Program, which shall be used to provide financial assistance to an eligible city or county to be used exclusively for the purpose of one (1) or more stabilization and abatement activities as provided in this subchapter. (b) The total grant funds approved under this subchapter shall not exceed one hundred fifty thousand dollars ($150,000) per fiscal year. Amended by Act 2019, No. 910,§ 3219, eff. 7/1/2019. Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.

(a) There is created within the Division of Environmental Quality the Asbestos Abatement Grant Program, which shall be used to provide financial assistance to an eligible city or county to be used exclusively for the purpose of one (1) or more stabilization and abatement activities as provided in this subchapter.

(b) The total grant funds approved under this subchapter shall not exceed one hundred fifty thousand dollars ($150,000) per fiscal year.

Amended by Act 2019, No. 910,§ 3219, eff. 7/1/2019.

Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.
Ark. Code Ann. § 20-10-221 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-221
Construction program - Payment of installments
Status: in_force

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

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

Acts 1961, No. 414, § 17; A.S.A. 1947, § 82-343.
Ark. Code Ann. § 20-16-1710 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1710
Civil penalties
Status: in_force

(a) In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a: (1) Civil malpractice action for actual and punitive damages; and (2) Professional disciplinary action under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) A civil liability shall not be assessed against the woman upon whom the abortion is performed. (c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close the proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed or attempted. (d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. (e) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

(a) In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a: (1) Civil malpractice action for actual and punitive damages; and (2) Professional disciplinary action under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(1) Civil malpractice action for actual and punitive damages; and

(2) Professional disciplinary action under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(b) A civil liability shall not be assessed against the woman upon whom the abortion is performed.

(c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close the proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed or attempted.

(d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.

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

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-80-205 — AR Code / Title 20 / Chapter 80 / Subchapter 2 / Section 20-80-205
Program standards and procedures
Status: in_force

(a) In the development and implementation of the Older Worker Community Service Employment Program, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt program standards and procedures that will ensure that the intent and provisions of this subchapter are adhered to by community-based agencies receiving program grant funds. (b) At a minimum, the program and each program grant funded will: (1) Provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory personnel, but the personnel shall, to the fullest extent possible, be recruited from among eligible individuals; (2) Employ eligible individuals in community service programs or agencies sponsored by organizations exempt from taxation under the provisions of the Internal Revenue Code, other than political parties, except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship; (3) Contribute to the general welfare of the community; (4) Provide employment for eligible individuals whose opportunities for other suitable public or private paid employment are poor; (5) Result in an increase in employment opportunities for eligible individuals and will not result in the displacement of employed workers or impair existing contracts; (6) Utilize methods of recruitment and selection which will assure that the maximum number of eligible individuals will have an opportunity to participate in the program; (7) Ensure that, to the extent feasible, the program will serve the needs of minority eligible individuals in proportion to their number in the state; (8) Ensure that safe and healthy conditions of work will be provided and that persons employed in community services jobs assisted under this subchapter shall be paid at least the minimum wage as established by the Fair Labor Standards Act; and (9) Ensure that program employers provide personnel fringe benefits for participants. The coverage shall include workers' compensation, unemployment insurance, Federal Insurance Contributions Act, 26 U.S.C. § 3128 , and other coverage as may be required by regulation or policy. Amended by Act 2017, No. 913,§ 117, eff. 8/1/2017. Acts 1985, No. 1031, § 5; A.S.A. 1947, § 81-1511.

(a) In the development and implementation of the Older Worker Community Service Employment Program, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall adopt program standards and procedures that will ensure that the intent and provisions of this subchapter are adhered to by community-based agencies receiving program grant funds.

(b) At a minimum, the program and each program grant funded will: (1) Provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory personnel, but the personnel shall, to the fullest extent possible, be recruited from among eligible individuals; (2) Employ eligible individuals in community service programs or agencies sponsored by organizations exempt from taxation under the provisions of the Internal Revenue Code, other than political parties, except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship; (3) Contribute to the general welfare of the community; (4) Provide employment for eligible individuals whose opportunities for other suitable public or private paid employment are poor; (5) Result in an increase in employment opportunities for eligible individuals and will not result in the displacement of employed workers or impair existing contracts; (6) Utilize methods of recruitment and selection which will assure that the maximum number of eligible individuals will have an opportunity to participate in the program; (7) Ensure that, to the extent feasible, the program will serve the needs of minority eligible individuals in proportion to their number in the state; (8) Ensure that safe and healthy conditions of work will be provided and that persons employed in community services jobs assisted under this subchapter shall be paid at least the minimum wage as established by the Fair Labor Standards Act; and (9) Ensure that program employers provide personnel fringe benefits for participants. The coverage shall include workers' compensation, unemployment insurance, Federal Insurance Contributions Act, 26 U.S.C. § 3128 , and other coverage as may be required by regulation or policy.

(1) Provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory personnel, but the personnel shall, to the fullest extent possible, be recruited from among eligible individuals;

(2) Employ eligible individuals in community service programs or agencies sponsored by organizations exempt from taxation under the provisions of the Internal Revenue Code, other than political parties, except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship;

(3) Contribute to the general welfare of the community;

(4) Provide employment for eligible individuals whose opportunities for other suitable public or private paid employment are poor;

(5) Result in an increase in employment opportunities for eligible individuals and will not result in the displacement of employed workers or impair existing contracts;

(6) Utilize methods of recruitment and selection which will assure that the maximum number of eligible individuals will have an opportunity to participate in the program;

(7) Ensure that, to the extent feasible, the program will serve the needs of minority eligible individuals in proportion to their number in the state;

(8) Ensure that safe and healthy conditions of work will be provided and that persons employed in community services jobs assisted under this subchapter shall be paid at least the minimum wage as established by the Fair Labor Standards Act; and

(9) Ensure that program employers provide personnel fringe benefits for participants. The coverage shall include workers' compensation, unemployment insurance, Federal Insurance Contributions Act, 26 U.S.C. § 3128 , and other coverage as may be required by regulation or policy.

Amended by Act 2017, No. 913,§ 117, eff. 8/1/2017.

Acts 1985, No. 1031, § 5; A.S.A. 1947, § 81-1511.
Ark. Code Ann. § 20-10-915 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-915
Alternative procedure
Status: in_force

(a) (1) In lieu of bringing an action under this subchapter, the Department of Human Services, in its sole discretion, may place a designated employee from the department to act as monitor in the facility when any of the grounds for receivership exists in a facility. (2) The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with the state and federal rules and regulations, and report periodically to the department on the operation of the facility. (3) A monitor shall remain in a facility not to exceed sixty (60) days. (b) At the end of the monitoring period, if the department determines that insufficient progress has been made by the facility for elimination of the grounds for appointment of a receivership, the department may proceed for appointment of a receivership upon the grounds which existed at the time of placement of the monitor in the facility. (c) The department may promulgate any rules as necessary to implement this section. Amended by Act 2019, No. 315,§ 1891, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1890, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

(a) (1) In lieu of bringing an action under this subchapter, the Department of Human Services, in its sole discretion, may place a designated employee from the department to act as monitor in the facility when any of the grounds for receivership exists in a facility. (2) The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with the state and federal rules and regulations, and report periodically to the department on the operation of the facility. (3) A monitor shall remain in a facility not to exceed sixty (60) days.

(1) In lieu of bringing an action under this subchapter, the Department of Human Services, in its sole discretion, may place a designated employee from the department to act as monitor in the facility when any of the grounds for receivership exists in a facility.

(2) The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with the state and federal rules and regulations, and report periodically to the department on the operation of the facility.

(3) A monitor shall remain in a facility not to exceed sixty (60) days.

(b) At the end of the monitoring period, if the department determines that insufficient progress has been made by the facility for elimination of the grounds for appointment of a receivership, the department may proceed for appointment of a receivership upon the grounds which existed at the time of placement of the monitor in the facility.

(c) The department may promulgate any rules as necessary to implement this section.

Amended by Act 2019, No. 315,§ 1891, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1890, eff. 7/24/2019.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-10-223 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-223
Minimum standards for institutions
Status: in_force

(a) The Department of Human Services shall require institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the department as may be promulgated in accordance with the federal act and federal rules and regulations. (b) An institution, or the governing body thereof, shall comply with such minimum standards as may be prescribed by the department under the authority of this section even though federal aid may not be sought or received under §§ 20-10-213 - 20-10-228 . Acts 1961, No. 414, § 13; A.S.A. 1947, § 82-339.

(a) The Department of Human Services shall require institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the department as may be promulgated in accordance with the federal act and federal rules and regulations.

(b) An institution, or the governing body thereof, shall comply with such minimum standards as may be prescribed by the department under the authority of this section even though federal aid may not be sought or received under §§ 20-10-213 - 20-10-228 .

Acts 1961, No. 414, § 13; A.S.A. 1947, § 82-339.
Ark. Code Ann. § 20-15-706 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-706
Hearing
Status: in_force

The petition shall be heard in open court, and the respondent to the petition shall have the privilege of counsel of his or her own selection. Acts 1955, No. 161, § 6; A.S.A. 1947, § 82-616.

The petition shall be heard in open court, and the respondent to the petition shall have the privilege of counsel of his or her own selection.

Acts 1955, No. 161, § 6; A.S.A. 1947, § 82-616.
Ark. Code Ann. § 20-13-819 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-819
Quality or system assessment and improvement - Definition
Status: in_force

(a) (1) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health, the Trauma Advisory Council, or other entity authorized under this subchapter for the purpose of quality or system assessment and improvement of the trauma system shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., to the extent that it identifies or could be used to identify any individual patient, provider, institution, or health plan. (2) For purposes of this section, "data, records, reports, and documents" means recordings of interviews and all oral or written proceedings, reports, statements, minutes, memoranda, data, and other documentation collected or compiled for the purposes of trauma system quality review or trauma system assessment and improvement pursuant to a requirement of or request by the department, the council, or other entity authorized by this subchapter. (b) (1) Any data, records, reports, and documents collected or compiled by or on behalf of the department, the council, or other entity authorized under this subchapter for the purpose of quality or system assessment and improvement shall not be admissible in any legal proceeding and shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under § 16-46-105(a)(1) . (2) A healthcare provider's use of the information in its internal operations shall not operate as a waiver of these protections. (c) All information shall be treated in a manner that is consistent with all state and federal privacy requirements, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 privacy rule, 45 C.F.R. § 164.512(i) . (d) The department or other entity authorized to provide services for the trauma system may use any data, records, reports, or documents generated or acquired in its internal operations without waiving any protections under this section. Acts 2009, No. 393, § 1.

(a) (1) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health, the Trauma Advisory Council, or other entity authorized under this subchapter for the purpose of quality or system assessment and improvement of the trauma system shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., to the extent that it identifies or could be used to identify any individual patient, provider, institution, or health plan. (2) For purposes of this section, "data, records, reports, and documents" means recordings of interviews and all oral or written proceedings, reports, statements, minutes, memoranda, data, and other documentation collected or compiled for the purposes of trauma system quality review or trauma system assessment and improvement pursuant to a requirement of or request by the department, the council, or other entity authorized by this subchapter.

(1) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health, the Trauma Advisory Council, or other entity authorized under this subchapter for the purpose of quality or system assessment and improvement of the trauma system shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., to the extent that it identifies or could be used to identify any individual patient, provider, institution, or health plan.

(2) For purposes of this section, "data, records, reports, and documents" means recordings of interviews and all oral or written proceedings, reports, statements, minutes, memoranda, data, and other documentation collected or compiled for the purposes of trauma system quality review or trauma system assessment and improvement pursuant to a requirement of or request by the department, the council, or other entity authorized by this subchapter.

(b) (1) Any data, records, reports, and documents collected or compiled by or on behalf of the department, the council, or other entity authorized under this subchapter for the purpose of quality or system assessment and improvement shall not be admissible in any legal proceeding and shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under § 16-46-105(a)(1) . (2) A healthcare provider's use of the information in its internal operations shall not operate as a waiver of these protections.

(1) Any data, records, reports, and documents collected or compiled by or on behalf of the department, the council, or other entity authorized under this subchapter for the purpose of quality or system assessment and improvement shall not be admissible in any legal proceeding and shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under § 16-46-105(a)(1) .

(2) A healthcare provider's use of the information in its internal operations shall not operate as a waiver of these protections.

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

(d) The department or other entity authorized to provide services for the trauma system may use any data, records, reports, or documents generated or acquired in its internal operations without waiving any protections under this section.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-10-2502 — AR Code / Title 20 / Chapter 10 / Subchapter 25 / Section 20-10-2502
Definitions
Status: in_force

As used in this subchapter: (1) "Covered administrative staff member" means senior personnel at a facility, including administrators as well as managerial staff members, who directly supervise covered direct service staff members; (2) (A) "Covered direct service staff member" means a staff member whose work involves extensive contact with residents or program participants. (B) "Covered direct service staff member" includes: (i) A certified nursing assistant; (ii) A nurse aide; (iii) A personal care assistant; (iv) A personal care aide; (v) A licensed practical nurse; (vi) A licensed vocational nurse; (vii) A registered nurse; (viii) An activity director; and (ix) A staff member who provides direct patient care to a resident; (3) "Covered staff member" means a covered direct service staff member, covered administrative staff member, and other covered staff member; (4) "Facility" means a residential facility that provides supportive services and that has residents with Alzheimer's disease or other dementias, including without limitation an assisted living facility; (5) "Other covered staff member" means a staff member who has incidental contact on a recurring basis with residents or program participants, front desk staff, administrative staff, and other individuals who have incidental contact; and (6) "Staff member" means a full-time or part-time employee of a facility. Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Covered administrative staff member" means senior personnel at a facility, including administrators as well as managerial staff members, who directly supervise covered direct service staff members;

(2) (A) "Covered direct service staff member" means a staff member whose work involves extensive contact with residents or program participants. (B) "Covered direct service staff member" includes: (i) A certified nursing assistant; (ii) A nurse aide; (iii) A personal care assistant; (iv) A personal care aide; (v) A licensed practical nurse; (vi) A licensed vocational nurse; (vii) A registered nurse; (viii) An activity director; and (ix) A staff member who provides direct patient care to a resident;

(A) "Covered direct service staff member" means a staff member whose work involves extensive contact with residents or program participants.

(B) "Covered direct service staff member" includes: (i) A certified nursing assistant; (ii) A nurse aide; (iii) A personal care assistant; (iv) A personal care aide; (v) A licensed practical nurse; (vi) A licensed vocational nurse; (vii) A registered nurse; (viii) An activity director; and (ix) A staff member who provides direct patient care to a resident;

(i) A certified nursing assistant;

(ii) A nurse aide;

(iii) A personal care assistant;

(iv) A personal care aide;

(v) A licensed practical nurse;

(vi) A licensed vocational nurse;

(vii) A registered nurse;

(viii) An activity director; and

(ix) A staff member who provides direct patient care to a resident;

(3) "Covered staff member" means a covered direct service staff member, covered administrative staff member, and other covered staff member;

(4) "Facility" means a residential facility that provides supportive services and that has residents with Alzheimer's disease or other dementias, including without limitation an assisted living facility;

(5) "Other covered staff member" means a staff member who has incidental contact on a recurring basis with residents or program participants, front desk staff, administrative staff, and other individuals who have incidental contact; and

(6) "Staff member" means a full-time or part-time employee of a facility.

Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-48-412 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-412
Discharge
Status: in_force

(a) Any individual who has entered a human development center by voluntary admission in accordance with the provisions of § 20-48-406(b) may be withdrawn from the center at any time upon the application of the parent or guardian who has legal custody of the individual, provided the parent or guardian shall have first given to the Board of Developmental Disabilities Services thirty (30) days' notice in writing of his or her intention to withdraw the individual from the center. (b) An individual committed by order of the circuit court to a center or transferred from another institution shall not be discharged therefrom until, in the judgment of the board and the superintendent of the center, his or her condition justifies the discharge. Whenever the board in its sole judgment determines that the individual should be discharged, the discharge shall be by order of the board, and the board shall certify the discharge to the circuit court of the county making the order of commitment. Acts 1955, No. 6, § 9; 1957, No. 349, § 3; A.S.A. 1947, § 59-1109.

(a) Any individual who has entered a human development center by voluntary admission in accordance with the provisions of § 20-48-406(b) may be withdrawn from the center at any time upon the application of the parent or guardian who has legal custody of the individual, provided the parent or guardian shall have first given to the Board of Developmental Disabilities Services thirty (30) days' notice in writing of his or her intention to withdraw the individual from the center.

(b) An individual committed by order of the circuit court to a center or transferred from another institution shall not be discharged therefrom until, in the judgment of the board and the superintendent of the center, his or her condition justifies the discharge. Whenever the board in its sole judgment determines that the individual should be discharged, the discharge shall be by order of the board, and the board shall certify the discharge to the circuit court of the county making the order of commitment.

Acts 1955, No. 6, § 9; 1957, No. 349, § 3; A.S.A. 1947, § 59-1109.
Ark. Code Ann. § 20-59-605 — AR Code / Title 20 / Chapter 59 / Subchapter 6 / Section 20-59-605
Exemption of certain cooperative associations and their members
Status: in_force

This subchapter does not apply to transactions between a cooperative association, while acting as a marketing agent, and its members. Acts 1989, No. 4, § 4.

This subchapter does not apply to transactions between a cooperative association, while acting as a marketing agent, and its members.

Acts 1989, No. 4, § 4.
Ark. Code Ann. § 20-77-147 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-147
Diagnostic laboratory services
Status: in_force

(a) The General Assembly finds that: (1) The national coronavirus 2019 (COVID-19) emergency has emphasized the critical importance of laboratory testing for diagnosing disease and promoting health; (2) There is a disparity in the scope of laboratory testing services that are covered by the Arkansas Medicaid Program; (3) Often, radiology services are grouped with diagnostic laboratory services; (4) Radiology services are more expensive than diagnostic laboratory services and greatly reduce the services that a beneficiary can receive; (5) The program only covers up to five hundred dollars ($500) for all diagnostic laboratory services, including radiology; and (6) This disparity in services should be reduced or eliminated. (b) The program shall set the annual cap for: (1) Diagnostic laboratory services, not including radiology services, of at least five hundred dollars ($500); and (2) Radiology services of at least five hundred dollars ($500). (c) Any laboratory or diagnostic procedure that is an essential health benefit does not count towards the caps described in subsection (b) of this section. (d) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section. Added by Act 2021, No. 891,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) The national coronavirus 2019 (COVID-19) emergency has emphasized the critical importance of laboratory testing for diagnosing disease and promoting health; (2) There is a disparity in the scope of laboratory testing services that are covered by the Arkansas Medicaid Program; (3) Often, radiology services are grouped with diagnostic laboratory services; (4) Radiology services are more expensive than diagnostic laboratory services and greatly reduce the services that a beneficiary can receive; (5) The program only covers up to five hundred dollars ($500) for all diagnostic laboratory services, including radiology; and (6) This disparity in services should be reduced or eliminated.

(1) The national coronavirus 2019 (COVID-19) emergency has emphasized the critical importance of laboratory testing for diagnosing disease and promoting health;

(2) There is a disparity in the scope of laboratory testing services that are covered by the Arkansas Medicaid Program;

(3) Often, radiology services are grouped with diagnostic laboratory services;

(4) Radiology services are more expensive than diagnostic laboratory services and greatly reduce the services that a beneficiary can receive;

(5) The program only covers up to five hundred dollars ($500) for all diagnostic laboratory services, including radiology; and

(6) This disparity in services should be reduced or eliminated.

(b) The program shall set the annual cap for: (1) Diagnostic laboratory services, not including radiology services, of at least five hundred dollars ($500); and (2) Radiology services of at least five hundred dollars ($500).

(1) Diagnostic laboratory services, not including radiology services, of at least five hundred dollars ($500); and

(2) Radiology services of at least five hundred dollars ($500).

(c) Any laboratory or diagnostic procedure that is an essential health benefit does not count towards the caps described in subsection (b) of this section.

(d) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section.

Added by Act 2021, No. 891,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-8-1103 — AR Code / Title 20 / Chapter 8 / Subchapter 11 / Section 20-8-1103
Reports
Status: in_force

(a) By October 1, 2022, and by October 1 of each subsequent year, the Alzheimer's Disease and Dementia Advisory Council shall submit to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate an annual report on the status of implementation of the State Alzheimer's Plan recommendations under § 20-8-1102 , any barriers to implementation, and any proposed legislation. (b) Every four (4) years, the council shall issue an updated plan addressing the items in § 20-8-1102 and any other issues the council deems necessary and relevant toward addressing Alzheimer's disease and other dementias. Added by Act 2021, No. 391,§ 1, eff. 7/28/2021.

(a) By October 1, 2022, and by October 1 of each subsequent year, the Alzheimer's Disease and Dementia Advisory Council shall submit to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate an annual report on the status of implementation of the State Alzheimer's Plan recommendations under § 20-8-1102 , any barriers to implementation, and any proposed legislation.

(b) Every four (4) years, the council shall issue an updated plan addressing the items in § 20-8-1102 and any other issues the council deems necessary and relevant toward addressing Alzheimer's disease and other dementias.

Added by Act 2021, No. 391,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-47-201 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-201
Purpose - Policy
Status: in_force

(a) The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to assist in: (1) Establishing, maintaining, and coordinating a comprehensive and effective system of services for persons with mental illness, disease, or disorder who may be voluntarily or involuntarily admitted to mental health facilities and programs within the state; (2) Reducing the occurrence, severity, and duration of mental disabilities; and (3) Preventing persons with mental illness from harming themselves or others. (b) It is the policy of this state to provide access for persons with severe mental illness to appropriate, adequate, and humane care which, to the extent possible while meeting the purposes of rehabilitation and treatment, is: (1) Within each person's own geographic area of residence; (2) Least restrictive of the person's freedom of movement and ability to function normally in society, while being appropriate to the individual's capacity and promoting the person's independence; and (3) Directed toward assuring movement through all treatment components to assure continuity of care. (c) It is the policy of this state to maintain involuntary admission laws to ensure that mental illness, disease, or disorder in and of itself is insufficient to involuntarily admit any person into the mental health services system. Amended by Act 2017, No. 913,§ 73, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 14, eff. 8/16/2013. Acts 1989, No. 861, § 27.

(a) The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to assist in: (1) Establishing, maintaining, and coordinating a comprehensive and effective system of services for persons with mental illness, disease, or disorder who may be voluntarily or involuntarily admitted to mental health facilities and programs within the state; (2) Reducing the occurrence, severity, and duration of mental disabilities; and (3) Preventing persons with mental illness from harming themselves or others.

(1) Establishing, maintaining, and coordinating a comprehensive and effective system of services for persons with mental illness, disease, or disorder who may be voluntarily or involuntarily admitted to mental health facilities and programs within the state;

(2) Reducing the occurrence, severity, and duration of mental disabilities; and

(3) Preventing persons with mental illness from harming themselves or others.

(b) It is the policy of this state to provide access for persons with severe mental illness to appropriate, adequate, and humane care which, to the extent possible while meeting the purposes of rehabilitation and treatment, is: (1) Within each person's own geographic area of residence; (2) Least restrictive of the person's freedom of movement and ability to function normally in society, while being appropriate to the individual's capacity and promoting the person's independence; and (3) Directed toward assuring movement through all treatment components to assure continuity of care.

(1) Within each person's own geographic area of residence;

(2) Least restrictive of the person's freedom of movement and ability to function normally in society, while being appropriate to the individual's capacity and promoting the person's independence; and

(3) Directed toward assuring movement through all treatment components to assure continuity of care.

(c) It is the policy of this state to maintain involuntary admission laws to ensure that mental illness, disease, or disorder in and of itself is insufficient to involuntarily admit any person into the mental health services system.

Amended by Act 2017, No. 913,§ 73, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 14, eff. 8/16/2013.

Acts 1989, No. 861, § 27.
Ark. Code Ann. § 20-13-1304 — AR Code / Title 20 / Chapter 13 / Subchapter 13 / Section 20-13-1304
Access by public to defibrillators
Status: in_force

(a) In order to ensure the public health and safety, a person or entity that acquires an automated external defibrillator shall ensure that: (1) Expected automated external defibrillator users complete appropriate knowledge and skills courses at least one (1) time every two (2) years in cardiopulmonary resuscitation and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing cardiopulmonary resuscitation and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials; (2) The defibrillator is maintained and tested according to the manufacturer's operational guidelines and instructions; and (3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency. (b) Any person or entity that acquires an automated external defibrillator shall notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator. Acts 2005, No. 273, § 1.

(a) In order to ensure the public health and safety, a person or entity that acquires an automated external defibrillator shall ensure that: (1) Expected automated external defibrillator users complete appropriate knowledge and skills courses at least one (1) time every two (2) years in cardiopulmonary resuscitation and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing cardiopulmonary resuscitation and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials; (2) The defibrillator is maintained and tested according to the manufacturer's operational guidelines and instructions; and (3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.

(1) Expected automated external defibrillator users complete appropriate knowledge and skills courses at least one (1) time every two (2) years in cardiopulmonary resuscitation and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing cardiopulmonary resuscitation and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials;

(2) The defibrillator is maintained and tested according to the manufacturer's operational guidelines and instructions; and

(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.

(b) Any person or entity that acquires an automated external defibrillator shall notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator.

Acts 2005, No. 273, § 1.
Ark. Code Ann. § 20-47-106 — AR Code / Title 20 / Chapter 47 / Subchapter 1 / Section 20-47-106
Liability for support
Status: in_force

A person legally liable for the support, care, or maintenance of an individual in need of state mental health services under this chapter is liable for the costs of mental health services to the extent that: (1) The individual in need of services lacks the ability to pay; (2) The mental health services are not covered by a policy of insurance or other source of payment; and (3) The legally liable person is able to pay. Amended by Act 2017, No. 423,§ 33, eff. 8/1/2017. Rev. Stat., ch. 78, § 48; C. & M. Dig., § 5881; Pope's Dig., § 7603; A.S.A. 1947, § 59-115; Acts 2001, No. 1478, § 4.

A person legally liable for the support, care, or maintenance of an individual in need of state mental health services under this chapter is liable for the costs of mental health services to the extent that:

(1) The individual in need of services lacks the ability to pay;

(2) The mental health services are not covered by a policy of insurance or other source of payment; and

(3) The legally liable person is able to pay.

Amended by Act 2017, No. 423,§ 33, eff. 8/1/2017.

Rev. Stat., ch. 78, § 48; C. & M. Dig., § 5881; Pope's Dig., § 7603; A.S.A. 1947, § 59-115; Acts 2001, No. 1478, § 4.
Ark. Code Ann. § 20-17-707 — AR Code / Title 20 / Chapter 17 / Subchapter 7 / Section 20-17-707
Holding period for medical school
Status: in_force

(a) A medical school shall cause any unclaimed body offered and accepted under this subchapter to be retained in a proper state of preservation for fifteen (15) days after the date the unclaimed body is received by the medical school. (b) During the time period under subsection (a) of this section a relative, a next of kin, a friend, a representative of a fraternal society of which the deceased was a member, a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the unclaimed body for burial or cremation at his or her or its expense as stated in § 20-17-706(a) -(c). (c) If a claim is made, the medical school shall be reimbursed by the claimant for the embalming fee and transportation charges that have been incurred by the medical school in favor of the body claimed. (d) If the unclaimed body is not claimed by any person or organization within fifteen (15) days from the date of arrival at the medical school, then all right, title, and interest in the unclaimed body shall be deemed to vest in the state for the benefit of the medical school, and any living relative, next of kin, friend, or organization shall be deemed to have consented irrevocably to use of the unclaimed body for the advancement or study of medical science. Amended by Act 2019, No. 954,§ 5, eff. 7/24/2019. Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017. Amended by Act 2013, No. 723,§ 4, eff. 8/16/2013. Acts 1959, No. 22, § 6; A.S.A. 1947, § 82-405.4.

(a) A medical school shall cause any unclaimed body offered and accepted under this subchapter to be retained in a proper state of preservation for fifteen (15) days after the date the unclaimed body is received by the medical school.

(b) During the time period under subsection (a) of this section a relative, a next of kin, a friend, a representative of a fraternal society of which the deceased was a member, a veterans service organization as defined in the Missing in America Project Act, § 20-17-1401 et seq., the Department of Veterans Affairs, the United States Department of Veterans Affairs, or a representative of a charitable or religious group may claim the unclaimed body for burial or cremation at his or her or its expense as stated in § 20-17-706(a) -(c).

(c) If a claim is made, the medical school shall be reimbursed by the claimant for the embalming fee and transportation charges that have been incurred by the medical school in favor of the body claimed.

(d) If the unclaimed body is not claimed by any person or organization within fifteen (15) days from the date of arrival at the medical school, then all right, title, and interest in the unclaimed body shall be deemed to vest in the state for the benefit of the medical school, and any living relative, next of kin, friend, or organization shall be deemed to have consented irrevocably to use of the unclaimed body for the advancement or study of medical science.

Amended by Act 2019, No. 954,§ 5, eff. 7/24/2019.

Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.

Amended by Act 2013, No. 723,§ 4, eff. 8/16/2013.

Acts 1959, No. 22, § 6; A.S.A. 1947, § 82-405.4.
Ark. Code Ann. § 20-78-212 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-212
License - Nontransferability
Status: in_force

(a) A license for a childcare facility shall apply only to the address and location stated on the application and license issued, and it shall not be transferable from one holder of the license to another or from one (1) place to another. (b) If the location of a childcare facility is changed or the owner of the childcare facility is changed, then the license for that childcare facility shall automatically be revoked upon such a change. Acts 1969, No. 434, § 7; A.S.A. 1947, § 83-907; Acts 1997, No. 1132, § 11.

(a) A license for a childcare facility shall apply only to the address and location stated on the application and license issued, and it shall not be transferable from one holder of the license to another or from one (1) place to another.

(b) If the location of a childcare facility is changed or the owner of the childcare facility is changed, then the license for that childcare facility shall automatically be revoked upon such a change.

Acts 1969, No. 434, § 7; A.S.A. 1947, § 83-907; Acts 1997, No. 1132, § 11.
Ark. Code Ann. § 20-16-503 — AR Code / Title 20 / Chapter 16 / Subchapter 5 / Section 20-16-503
Notification - Physician's duty
Status: in_force

Laboratory reporting under §§ 20-16-501 - 20-16-506 shall in no way release the attending physician from his or her responsibility to report cases of sexually transmitted diseases to the HIV/STD/Hepatitis C Section of the Department of Health. Acts 1973, No. 60, § 7; A.S.A. 1947, § 82-638; Acts 2007, No. 827, § 161.

Laboratory reporting under §§ 20-16-501 - 20-16-506 shall in no way release the attending physician from his or her responsibility to report cases of sexually transmitted diseases to the HIV/STD/Hepatitis C Section of the Department of Health.

Acts 1973, No. 60, § 7; A.S.A. 1947, § 82-638; Acts 2007, No. 827, § 161.
Ark. Code Ann. § 20-15-2406 — AR Code / Title 20 / Chapter 15 / Subchapter 24 / Section 20-15-2406
Immunity from liability
Status: in_force

State, local, or regional members of the Maternal and Perinatal Outcomes Quality Review Committee are immune from civil and criminal liability in connection with their good faith participation in a maternal death review and all activities related to a review with the committee. Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.

State, local, or regional members of the Maternal and Perinatal Outcomes Quality Review Committee are immune from civil and criminal liability in connection with their good faith participation in a maternal death review and all activities related to a review with the committee.

Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-31-103 — AR Code / Title 20 / Chapter 31 / Section 20-31-103
Exemptions
Status: in_force

(a) The following types of construction and structures shall be exempted from this chapter: (1) Any construction, installation, maintenance, repair, or renovation by a public utility regulated by the Arkansas Public Service Commission, by a rural electric association or cooperative, or by a municipal utility, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards; (2) Any construction, installation, maintenance, repair, or renovation of any nonresidential farm building or structure; and (3) Any construction or manufacture of manufactured homes covered by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. (b) The exemption from compliance with the standards promulgated in this section shall not be referred to in any way, and it shall not be any evidence of the lack of negligence or the exercise of due care by a party at a trial of any civil action to recover damages by any party. (c) The licensing requirements of this chapter do not apply to an owner that performs electrical work or the construction, maintenance, or installation of electrical facilities upon the existing primary residence of the owner or a primary residence of the owner that is under construction. Acts 1991, No. 653, § 4; 2007, No. 993, § 1.

(a) The following types of construction and structures shall be exempted from this chapter: (1) Any construction, installation, maintenance, repair, or renovation by a public utility regulated by the Arkansas Public Service Commission, by a rural electric association or cooperative, or by a municipal utility, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards; (2) Any construction, installation, maintenance, repair, or renovation of any nonresidential farm building or structure; and (3) Any construction or manufacture of manufactured homes covered by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.

(1) Any construction, installation, maintenance, repair, or renovation by a public utility regulated by the Arkansas Public Service Commission, by a rural electric association or cooperative, or by a municipal utility, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards;

(2) Any construction, installation, maintenance, repair, or renovation of any nonresidential farm building or structure; and

(3) Any construction or manufacture of manufactured homes covered by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.

(b) The exemption from compliance with the standards promulgated in this section shall not be referred to in any way, and it shall not be any evidence of the lack of negligence or the exercise of due care by a party at a trial of any civil action to recover damages by any party.

(c) The licensing requirements of this chapter do not apply to an owner that performs electrical work or the construction, maintenance, or installation of electrical facilities upon the existing primary residence of the owner or a primary residence of the owner that is under construction.

Acts 1991, No. 653, § 4; 2007, No. 993, § 1.
Ark. Code Ann. § 20-59-604 — AR Code / Title 20 / Chapter 59 / Subchapter 6 / Section 20-59-604
Civil penalties
Status: in_force

A milk processor who fails to pay for raw milk as provided by this subchapter is liable to the dairy farmer for: (1) The purchase price of the raw milk; (2) Interest on the purchase price at the rate fixed by law for civil judgments commencing from the date possession is transferred until the date the payment is made in accordance with this subchapter; and (3) A reasonable attorney's fee for the collection of the payment. Acts 1989, No. 4, § 5.

A milk processor who fails to pay for raw milk as provided by this subchapter is liable to the dairy farmer for:

(1) The purchase price of the raw milk;

(2) Interest on the purchase price at the rate fixed by law for civil judgments commencing from the date possession is transferred until the date the payment is made in accordance with this subchapter; and

(3) A reasonable attorney's fee for the collection of the payment.

Acts 1989, No. 4, § 5.
Ark. Code Ann. § 20-77-309 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-309
Denial or reduction of benefits - Insurance policies
Status: in_force

No policy of accident or illness insurance issued or renewed after July 1, 1981, shall contain any provision denying or reducing benefits because services are rendered to an insured or dependent who is eligible for medical assistance under the Arkansas Medicaid Program. Acts 1981, No. 500, § 7; A.S.A. 1947, § 83-171.8.

No policy of accident or illness insurance issued or renewed after July 1, 1981, shall contain any provision denying or reducing benefits because services are rendered to an insured or dependent who is eligible for medical assistance under the Arkansas Medicaid Program.

Acts 1981, No. 500, § 7; A.S.A. 1947, § 83-171.8.
Ark. Code Ann. § 20-22-711 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-711
Times of permissible sales
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, permissible items of fireworks, defined in § 20-22-708 , may be sold at retail to residents of the State of Arkansas and used within the State of Arkansas from June 20 through July 10 and December 10 through January 5 of each year only. (2) Permissible items of fireworks as defined in § 20-22-708 may be sold at retail all-year if sold in a permanent physical location. (b) As used in this section, "fireworks" shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five-hundredths grains (0.25 gr.) or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five-hundredths grains (0.25 gr.) of explosive compounds, cone, bottle, tube, or other type serpentine pop-off novelties, nonpoisonous toy snake, smoke sticks without report, and sparklers, the sale and use of which shall be permitted at all times. Amended by Act 2017, No. 1093,§ 1, eff. 8/1/2017. Acts 1961, No. 224, § 3; A.S.A. 1947, § 82-1703.

(a) (1) Except as provided in subdivision (a)(2) of this section, permissible items of fireworks, defined in § 20-22-708 , may be sold at retail to residents of the State of Arkansas and used within the State of Arkansas from June 20 through July 10 and December 10 through January 5 of each year only. (2) Permissible items of fireworks as defined in § 20-22-708 may be sold at retail all-year if sold in a permanent physical location.

(1) Except as provided in subdivision (a)(2) of this section, permissible items of fireworks, defined in § 20-22-708 , may be sold at retail to residents of the State of Arkansas and used within the State of Arkansas from June 20 through July 10 and December 10 through January 5 of each year only.

(2) Permissible items of fireworks as defined in § 20-22-708 may be sold at retail all-year if sold in a permanent physical location.

(b) As used in this section, "fireworks" shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five-hundredths grains (0.25 gr.) or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five-hundredths grains (0.25 gr.) of explosive compounds, cone, bottle, tube, or other type serpentine pop-off novelties, nonpoisonous toy snake, smoke sticks without report, and sparklers, the sale and use of which shall be permitted at all times.

Amended by Act 2017, No. 1093,§ 1, eff. 8/1/2017.

Acts 1961, No. 224, § 3; A.S.A. 1947, § 82-1703.
Ark. Code Ann. § 20-15-2202 — AR Code / Title 20 / Chapter 15 / Subchapter 22 / Section 20-15-2202
Expired
Status: repealed

Added by Act 2017, No. 570,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 20-17-1306 — AR Code / Title 20 / Chapter 17 / Subchapter 13 / Section 20-17-1306
Application
Status: in_force

An eligible organization shall apply for grant payments under this subchapter according to the rules established by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. Amended by Act 2017, No. 788,§ 65, eff. 7/1/2018. Amended by Act 2015, No. 990,§ 2, eff. 7/22/2015. Acts 2009, No. 429, § 3.

An eligible organization shall apply for grant payments under this subchapter according to the rules established by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

Amended by Act 2017, No. 788,§ 65, eff. 7/1/2018.

Amended by Act 2015, No. 990,§ 2, eff. 7/22/2015.

Acts 2009, No. 429, § 3.
Ark. Code Ann. § 20-58-101 — AR Code / Title 20 / Chapter 58 / Subchapter 1 / Section 20-58-101
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1145,§ 3, eff. 8/16/2013. Acts 1931, No. 223, §§ 1, 2; Pope's Dig., §§ 3467, 3468; A.S.A. 1947, §§ 82-932, 82-933; Acts 2005, No. 1994, § 131.

Repealed by Act 2013, No. 1145,§ 3, eff. 8/16/2013.

Acts 1931, No. 223, §§ 1, 2; Pope's Dig., §§ 3467, 3468; A.S.A. 1947, §§ 82-932, 82-933; Acts 2005, No. 1994, § 131.
Ark. Code Ann. § 20-59-241 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-241
Unlawful acts - Labeling ice cream mix
Status: in_force

It shall be unlawful to sell or transport ice cream mix to another location for manufacture or freezing except in sealed containers that cannot be opened without breaking the seal, and the label shall be securely attached to the container and shall show the name of the manufacturer and the percentage of milk fat of the ice cream mix contained therein. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to sell or transport ice cream mix to another location for manufacture or freezing except in sealed containers that cannot be opened without breaking the seal, and the label shall be securely attached to the container and shall show the name of the manufacturer and the percentage of milk fat of the ice cream mix contained therein.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-32-112 — AR Code / Title 20 / Chapter 32 / Section 20-32-112
Violations - Penalties
Status: in_force

(a) Any person or carrier, or any officer, employee, agent, or representative thereof, while operating any vehicle transporting medical waste or which is authorized to transport medical waste, who shall violate any of the rules, including safety rules, prescribed or hereafter prescribed by the State Highway Commission pursuant to § 23-1-101 et seq. or who shall violate any rule of the Department of Health that specifically relates to the transportation of medical waste shall be guilty of a violation. (b) Upon conviction, that person or carrier, or officer, employee, agent, or representative thereof, shall be fined not more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent offense. Amended by Act 2019, No. 315,§ 2139, eff. 7/24/2019. Acts 1993, No. 412, § 2; 2005, No. 1994, § 129.

(a) Any person or carrier, or any officer, employee, agent, or representative thereof, while operating any vehicle transporting medical waste or which is authorized to transport medical waste, who shall violate any of the rules, including safety rules, prescribed or hereafter prescribed by the State Highway Commission pursuant to § 23-1-101 et seq. or who shall violate any rule of the Department of Health that specifically relates to the transportation of medical waste shall be guilty of a violation.

(b) Upon conviction, that person or carrier, or officer, employee, agent, or representative thereof, shall be fined not more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent offense.

Amended by Act 2019, No. 315,§ 2139, eff. 7/24/2019.

Acts 1993, No. 412, § 2; 2005, No. 1994, § 129.
Ark. Code Ann. § 20-8-501 — AR Code / Title 20 / Chapter 8 / Subchapter 5 / Section 20-8-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Newborn Umbilical Cord Blood Initiative Act". Acts 2007, No. 695, § 1.

This subchapter shall be known and may be cited as the "Newborn Umbilical Cord Blood Initiative Act".

Acts 2007, No. 695, § 1.
Ark. Code Ann. § 20-10-233 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-233
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 39, eff. 5/23/2016. Repealed by Act 2016EX3, No. 2,§ 39, eff. 5/23/2016. Acts 1991, No. 922, § 20; 1991, No. 1129, § 26.

Repealed by Act 2016EX3, No. 3,§ 39, eff. 5/23/2016.

Repealed by Act 2016EX3, No. 2,§ 39, eff. 5/23/2016.

Acts 1991, No. 922, § 20; 1991, No. 1129, § 26.
Ark. Code Ann. § 20-13-1703 — AR Code / Title 20 / Chapter 13 / Subchapter 17 / Section 20-13-1703
Definitions
Status: in_force

As used in this subchapter: (1) "Drug overdose" means an acute condition resulting from, or that a reasonable person would believe to be resulting from, the consumption or use of alcohol, a controlled substance, or dangerous drug or a combination of alcohol, controlled substance, or dangerous drug by an individual, causing signs, including without limitation: (A) Extreme physical illness; (B) Decreased level of consciousness; (C) Respiratory depression; (D) Coma; (E) Mania; or (F) Death; (2) "Emergency medical services" means: (A) The transportation and medical care provided the ill or injured by licensed emergency medical services personnel or other healthcare providers before arrival at a medical facility; and (B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility; (3) "Medical assistance" means aid provided to a person experiencing or believed to be experiencing a drug overdose by a healthcare provider acting within its scope of practice that may provide diagnosis, treatment, or emergency medical services relative to the drug overdose; and (4) "Seeks medical assistance" means accesses or assists in accessing the 911 system or otherwise contacts or assists in contacting law enforcement or a poison control center and provides care to a person experiencing or believed to be experiencing a drug overdose. Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Drug overdose" means an acute condition resulting from, or that a reasonable person would believe to be resulting from, the consumption or use of alcohol, a controlled substance, or dangerous drug or a combination of alcohol, controlled substance, or dangerous drug by an individual, causing signs, including without limitation: (A) Extreme physical illness; (B) Decreased level of consciousness; (C) Respiratory depression; (D) Coma; (E) Mania; or (F) Death;

(A) Extreme physical illness;

(B) Decreased level of consciousness;

(C) Respiratory depression;

(D) Coma;

(E) Mania; or

(F) Death;

(2) "Emergency medical services" means: (A) The transportation and medical care provided the ill or injured by licensed emergency medical services personnel or other healthcare providers before arrival at a medical facility; and (B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;

(A) The transportation and medical care provided the ill or injured by licensed emergency medical services personnel or other healthcare providers before arrival at a medical facility; and

(B) Continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;

(3) "Medical assistance" means aid provided to a person experiencing or believed to be experiencing a drug overdose by a healthcare provider acting within its scope of practice that may provide diagnosis, treatment, or emergency medical services relative to the drug overdose; and

(4) "Seeks medical assistance" means accesses or assists in accessing the 911 system or otherwise contacts or assists in contacting law enforcement or a poison control center and provides care to a person experiencing or believed to be experiencing a drug overdose.

Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-27-1707 — AR Code / Title 20 / Chapter 27 / Subchapter 17 / Section 20-27-1707
Reporting
Status: in_force

(a) (1) The Arkansas Child Death Review Panel shall report on or before December 31 of each year to the Legislative Council the number and causes of unexpected deaths of children. (2) The Legislative Council shall forward the report to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs. (b) The report shall include: (1) The Arkansas Child Death Review Panel's finding and recommendations for each of its duties under § 20-27-1704 ; (2) An analysis of factual information obtained from the review of the child death investigation reports under § 20-27-1705 ; and (3) Reports of the Arkansas Child Death Review Panel and any local or regional review panels that do not violate the confidentiality provisions under § 20-27-1706 . Acts 2005, No. 1818, § 1.

(a) (1) The Arkansas Child Death Review Panel shall report on or before December 31 of each year to the Legislative Council the number and causes of unexpected deaths of children. (2) The Legislative Council shall forward the report to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs.

(1) The Arkansas Child Death Review Panel shall report on or before December 31 of each year to the Legislative Council the number and causes of unexpected deaths of children.

(2) The Legislative Council shall forward the report to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs.

(b) The report shall include: (1) The Arkansas Child Death Review Panel's finding and recommendations for each of its duties under § 20-27-1704 ; (2) An analysis of factual information obtained from the review of the child death investigation reports under § 20-27-1705 ; and (3) Reports of the Arkansas Child Death Review Panel and any local or regional review panels that do not violate the confidentiality provisions under § 20-27-1706 .

(1) The Arkansas Child Death Review Panel's finding and recommendations for each of its duties under § 20-27-1704 ;

(2) An analysis of factual information obtained from the review of the child death investigation reports under § 20-27-1705 ; and

(3) Reports of the Arkansas Child Death Review Panel and any local or regional review panels that do not violate the confidentiality provisions under § 20-27-1706 .

Acts 2005, No. 1818, § 1.
Ark. Code Ann. § 20-19-510 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-510
Penalties
Status: in_force

A person who is in violation of the prohibitions of § 20-19-502 is guilty of a Class A misdemeanor. Acts 2005, No. 2226, § 1.

A person who is in violation of the prohibitions of § 20-19-502 is guilty of a Class A misdemeanor.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-9-1404 — AR Code / Title 20 / Chapter 9 / Subchapter 14 / Section 20-9-1404
Data on shaken baby syndrome
Status: in_force

(a) At the conclusion of a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq., if a child has been shaken or has an abusive or nonaccidental head trauma, the investigative agency shall identify the type of physical abuse in the child welfare information system. (b) The Department of Human Services shall include data on the number of children who suffer abusive head trauma, nonaccidental head trauma, and shaken baby syndrome in the annual Arkansas Child Welfare Report Card required under § 9-32-204 . Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.

(a) At the conclusion of a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq., if a child has been shaken or has an abusive or nonaccidental head trauma, the investigative agency shall identify the type of physical abuse in the child welfare information system.

(b) The Department of Human Services shall include data on the number of children who suffer abusive head trauma, nonaccidental head trauma, and shaken baby syndrome in the annual Arkansas Child Welfare Report Card required under § 9-32-204 .

Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-19-502 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-502
Prohibited acts
Status: in_force

(a) Except as permitted under this subchapter, it is unlawful for a person to: (1) Own or possess a large carnivore; (2) Breed a large carnivore; or (3) Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration. (b) Except as permitted under this subchapter, it is unlawful for a person or other entity in control of any property, residence, or business premises to knowingly permit any other person to be in possession of a large carnivore upon the property, residence, or business premises. Acts 2005, No. 2226, § 1.

(a) Except as permitted under this subchapter, it is unlawful for a person to: (1) Own or possess a large carnivore; (2) Breed a large carnivore; or (3) Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration.

(1) Own or possess a large carnivore;

(2) Breed a large carnivore; or

(3) Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration.

(b) Except as permitted under this subchapter, it is unlawful for a person or other entity in control of any property, residence, or business premises to knowingly permit any other person to be in possession of a large carnivore upon the property, residence, or business premises.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-76-602 — AR Code / Title 20 / Chapter 76 / Subchapter 6 / Section 20-76-602
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 49, eff. 5/23/2016. Repealed by Act 2016EX3, No. 2,§ 49, eff. 5/23/2016. Acts 2005, No. 1670, § 1.

Repealed by Act 2016EX3, No. 3,§ 49, eff. 5/23/2016.

Repealed by Act 2016EX3, No. 2,§ 49, eff. 5/23/2016.

Acts 2005, No. 1670, § 1.
Ark. Code Ann. § 20-13-606 — AR Code / Title 20 / Chapter 13 / Subchapter 6 / Section 20-13-606
Immunity
Status: in_force

No cause of action shall arise against a certificate holder pursuant to this subchapter or against the issuing physician for any act or omission when acting in good faith pursuant to the authority granted by this subchapter, except when the conduct amounts to gross negligence. Acts 1991, No. 270, § 6.

No cause of action shall arise against a certificate holder pursuant to this subchapter or against the issuing physician for any act or omission when acting in good faith pursuant to the authority granted by this subchapter, except when the conduct amounts to gross negligence.

Acts 1991, No. 270, § 6.
Ark. Code Ann. § 20-77-151 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-151
Depression screening for pregnant women
Status: in_force

(a) The Arkansas Medicaid Program shall reimburse for depression screening of a pregnant woman. (b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section. Added by Act 2023, No. 562,§ 1, eff. 8/1/2023.

(a) The Arkansas Medicaid Program shall reimburse for depression screening of a pregnant woman.

(b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section.

Added by Act 2023, No. 562,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-9-1201 — AR Code / Title 20 / Chapter 9 / Subchapter 12 / Section 20-9-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Health Facility Infection Disclosure Act of 2007". Acts 2007, No. 845, § 1.

This subchapter shall be known and may be cited as the "Health Facility Infection Disclosure Act of 2007".

Acts 2007, No. 845, § 1.
Ark. Code Ann. § 20-21-216 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-216
[Repealed]
Status: repealed

Repealed by Act 2021, No. 268,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2021, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.

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

Amended by Act 2019, No. 315,§ 2021, eff. 7/24/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.
Ark. Code Ann. § 20-18-502 — AR Code / Title 20 / Chapter 18 / Subchapter 5 / Section 20-18-502
Divorce or annulment registration
Status: in_force

(a) (1) For each divorce or annulment granted by any court in this state, a record shall be filed by the clerk of court with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section. (2) The record shall be prepared on a form prescribed and furnished by the State Registrar of Vital Records by the petitioner or his or her legal representative and shall be presented to the clerk of court with the petition. (3) In all cases, the completed record shall be a prerequisite to the entry of the decree. (b) The clerk of court shall complete and forward to the division on or before the thirtieth day of each calendar month the records of each divorce or annulment filed with him or her during the preceding calendar month. Acts 1981, No. 120, § 19; A.S.A. 1947, § 82-519; Acts 1995, No. 1254, § 24; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.

(a) (1) For each divorce or annulment granted by any court in this state, a record shall be filed by the clerk of court with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section. (2) The record shall be prepared on a form prescribed and furnished by the State Registrar of Vital Records by the petitioner or his or her legal representative and shall be presented to the clerk of court with the petition. (3) In all cases, the completed record shall be a prerequisite to the entry of the decree.

(1) For each divorce or annulment granted by any court in this state, a record shall be filed by the clerk of court with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section.

(2) The record shall be prepared on a form prescribed and furnished by the State Registrar of Vital Records by the petitioner or his or her legal representative and shall be presented to the clerk of court with the petition.

(3) In all cases, the completed record shall be a prerequisite to the entry of the decree.

(b) The clerk of court shall complete and forward to the division on or before the thirtieth day of each calendar month the records of each divorce or annulment filed with him or her during the preceding calendar month.

Acts 1981, No. 120, § 19; A.S.A. 1947, § 82-519; Acts 1995, No. 1254, § 24; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.
Ark. Code Ann. § 20-20-223 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-223
Reciprocal agreements
Status: in_force

The State Plant Board may waive all or part of the examination requirements provided for in §§ 20-20-209 - 20-20-211 and 20-20-217 on a reciprocal basis with any other state which has substantially the same standards and so long as out-of-state applicators are made subject to enforcement procedures provided in this subchapter to the same extent as those applicators examined and certified in this state. Acts 1975, No. 389, § 16; A.S.A. 1947, § 77-266.

The State Plant Board may waive all or part of the examination requirements provided for in §§ 20-20-209 - 20-20-211 and 20-20-217 on a reciprocal basis with any other state which has substantially the same standards and so long as out-of-state applicators are made subject to enforcement procedures provided in this subchapter to the same extent as those applicators examined and certified in this state.

Acts 1975, No. 389, § 16; A.S.A. 1947, § 77-266.
Ark. Code Ann. § 20-77-143 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-143
Products and label expansions approved by the United States Food and Drug Administration
Status: in_force

(a) The General Assembly finds that: (1) The Arkansas Medicaid Program has historically delayed or denied access to new products and label expansions approved by the United States Food and Drug Administration during the time period after the products or label expansions have been approved by the United States Food and Drug Administration but before the Arkansas Medicaid Drug Utilization Review Board has conducted a formal clinical review; (2) This practice: (A) Unnecessarily delays patient access to innovative products which can be particularly harmful for citizens of Arkansas who are living with life-shortening or life-threatening conditions; and (B) May result in irreversible harm to the health of citizens of Arkansas; (3) Other state Medicaid programs provide immediate access to new products and label expansions approved by the United States Food and Drug Administration prior to a formal clinical review; and (4) It is in the best interest of the citizens of this state to provide immediate access to new products and label expansions approved by the United States Food and Drug Administration prior to a formal clinical review. (b) Consistent with federal laws and regulations, the Arkansas Medicaid Program shall: (1) Provide immediate access to and reimbursement for new products and label expansions approved by the United States Food and Drug Administration, or outpatient drugs with a federal rebate agreement in place, if the product is prescribed according to approved indications or medically accepted indications; and (2) Not deny or delay coverage or reimbursement for new products and label expansions for an existing covered product approved by the United States Food and Drug Administration for an existing covered product, including denying or delaying access to a product solely because the Arkansas Medicaid Drug Utilization Review Board or any other advisory body has not conducted a formal clinical review of the product or label expansion. (c) (1) The Department of Human Services shall appoint two (2) individuals to the Arkansas Medicaid Drug Utilization Review Board. (2) The individuals appointed under subdivision (c)(1) of this section shall be: (A) Either physicians or advanced practice registered nurses; (B) Licensed and practicing in this state; and (C) Currently treating rare diseases or conditions. (3) The department shall amend any rules or bylaws of the Arkansas Medicaid Drug Utilization Review Board to implement this section. Added by Act 2021, No. 745,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) The Arkansas Medicaid Program has historically delayed or denied access to new products and label expansions approved by the United States Food and Drug Administration during the time period after the products or label expansions have been approved by the United States Food and Drug Administration but before the Arkansas Medicaid Drug Utilization Review Board has conducted a formal clinical review; (2) This practice: (A) Unnecessarily delays patient access to innovative products which can be particularly harmful for citizens of Arkansas who are living with life-shortening or life-threatening conditions; and (B) May result in irreversible harm to the health of citizens of Arkansas; (3) Other state Medicaid programs provide immediate access to new products and label expansions approved by the United States Food and Drug Administration prior to a formal clinical review; and (4) It is in the best interest of the citizens of this state to provide immediate access to new products and label expansions approved by the United States Food and Drug Administration prior to a formal clinical review.

(1) The Arkansas Medicaid Program has historically delayed or denied access to new products and label expansions approved by the United States Food and Drug Administration during the time period after the products or label expansions have been approved by the United States Food and Drug Administration but before the Arkansas Medicaid Drug Utilization Review Board has conducted a formal clinical review;

(2) This practice: (A) Unnecessarily delays patient access to innovative products which can be particularly harmful for citizens of Arkansas who are living with life-shortening or life-threatening conditions; and (B) May result in irreversible harm to the health of citizens of Arkansas;

(A) Unnecessarily delays patient access to innovative products which can be particularly harmful for citizens of Arkansas who are living with life-shortening or life-threatening conditions; and

(B) May result in irreversible harm to the health of citizens of Arkansas;

(3) Other state Medicaid programs provide immediate access to new products and label expansions approved by the United States Food and Drug Administration prior to a formal clinical review; and

(4) It is in the best interest of the citizens of this state to provide immediate access to new products and label expansions approved by the United States Food and Drug Administration prior to a formal clinical review.

(b) Consistent with federal laws and regulations, the Arkansas Medicaid Program shall: (1) Provide immediate access to and reimbursement for new products and label expansions approved by the United States Food and Drug Administration, or outpatient drugs with a federal rebate agreement in place, if the product is prescribed according to approved indications or medically accepted indications; and (2) Not deny or delay coverage or reimbursement for new products and label expansions for an existing covered product approved by the United States Food and Drug Administration for an existing covered product, including denying or delaying access to a product solely because the Arkansas Medicaid Drug Utilization Review Board or any other advisory body has not conducted a formal clinical review of the product or label expansion.

(1) Provide immediate access to and reimbursement for new products and label expansions approved by the United States Food and Drug Administration, or outpatient drugs with a federal rebate agreement in place, if the product is prescribed according to approved indications or medically accepted indications; and

(2) Not deny or delay coverage or reimbursement for new products and label expansions for an existing covered product approved by the United States Food and Drug Administration for an existing covered product, including denying or delaying access to a product solely because the Arkansas Medicaid Drug Utilization Review Board or any other advisory body has not conducted a formal clinical review of the product or label expansion.

(c) (1) The Department of Human Services shall appoint two (2) individuals to the Arkansas Medicaid Drug Utilization Review Board. (2) The individuals appointed under subdivision (c)(1) of this section shall be: (A) Either physicians or advanced practice registered nurses; (B) Licensed and practicing in this state; and (C) Currently treating rare diseases or conditions. (3) The department shall amend any rules or bylaws of the Arkansas Medicaid Drug Utilization Review Board to implement this section.

(1) The Department of Human Services shall appoint two (2) individuals to the Arkansas Medicaid Drug Utilization Review Board.

(2) The individuals appointed under subdivision (c)(1) of this section shall be: (A) Either physicians or advanced practice registered nurses; (B) Licensed and practicing in this state; and (C) Currently treating rare diseases or conditions.

(A) Either physicians or advanced practice registered nurses;

(B) Licensed and practicing in this state; and

(C) Currently treating rare diseases or conditions.

(3) The department shall amend any rules or bylaws of the Arkansas Medicaid Drug Utilization Review Board to implement this section.

Added by Act 2021, No. 745,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-14-1002 — AR Code / Title 20 / Chapter 14 / Subchapter 10 / Section 20-14-1002
Written notice to buyer or recipient
Status: in_force

(a) A person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog that states the following: (1) The dog does not have the special training required to qualify as a service animal; (2) The dog is not entitled to the rights and privileges accorded by law to a service animal; and (3) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310 . (b) A person or business that sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support animal shall provide a written notice to the buyer or recipient that states the following: (1) The item does not entitle an emotional support animal to the rights and privileges accorded by law to a service dog; and (2) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310 . (c) The written notices described in subsections (a) and (b) of this section shall be: (1) Made in bold and at least 12-point type; and (2) Provided on: (A) The receipt for the emotional support dog; (B) The product described in subsection (b) of this section; or (C) A separate piece of paper. Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.

(a) A person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog that states the following: (1) The dog does not have the special training required to qualify as a service animal; (2) The dog is not entitled to the rights and privileges accorded by law to a service animal; and (3) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310 .

(1) The dog does not have the special training required to qualify as a service animal;

(2) The dog is not entitled to the rights and privileges accorded by law to a service animal; and

(3) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310 .

(b) A person or business that sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support animal shall provide a written notice to the buyer or recipient that states the following: (1) The item does not entitle an emotional support animal to the rights and privileges accorded by law to a service dog; and (2) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310 .

(1) The item does not entitle an emotional support animal to the rights and privileges accorded by law to a service dog; and

(2) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310 .

(c) The written notices described in subsections (a) and (b) of this section shall be: (1) Made in bold and at least 12-point type; and (2) Provided on: (A) The receipt for the emotional support dog; (B) The product described in subsection (b) of this section; or (C) A separate piece of paper.

(1) Made in bold and at least 12-point type; and

(2) Provided on: (A) The receipt for the emotional support dog; (B) The product described in subsection (b) of this section; or (C) A separate piece of paper.

(A) The receipt for the emotional support dog;

(B) The product described in subsection (b) of this section; or

(C) A separate piece of paper.

Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-10-209 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-209
Disposition of funds
Status: in_force

(a) (1) There is established on the books of the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Long-Term Care Trust Fund". (2) The fund shall consist of all moneys and interest received from the imposition of civil penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of federal or state law, rules, or regulations, there to be administered by the Secretary of the Department of Human Services solely for the protection of the health or property of residents of long-term care facilities, including, but not limited to, the payment for the costs of relocation of residents to other facilities, maintenance and operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost. (b) Funds from the Long-Term Care Trust Fund may also be administered by the secretary for programs or uses that, in the determination of the Director of the Office of Long-Term Care, enhance the quality of life for long-term care facility residents through the adoption of principles and building designs established by the Eden Alternative, Inc. or Green House Project programs or other means. Amended by Act 2019, No. 315,§ 1865, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5183, eff. 7/1/2019. Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1988 (4th Ex. Sess.), No. 4, § 4; 1988 (4th Ex. Sess.), No. 14, § 4; 2007, No. 193, § 1.

(a) (1) There is established on the books of the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Long-Term Care Trust Fund". (2) The fund shall consist of all moneys and interest received from the imposition of civil penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of federal or state law, rules, or regulations, there to be administered by the Secretary of the Department of Human Services solely for the protection of the health or property of residents of long-term care facilities, including, but not limited to, the payment for the costs of relocation of residents to other facilities, maintenance and operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.

(1) There is established on the books of the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Long-Term Care Trust Fund".

(2) The fund shall consist of all moneys and interest received from the imposition of civil penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of federal or state law, rules, or regulations, there to be administered by the Secretary of the Department of Human Services solely for the protection of the health or property of residents of long-term care facilities, including, but not limited to, the payment for the costs of relocation of residents to other facilities, maintenance and operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.

(b) Funds from the Long-Term Care Trust Fund may also be administered by the secretary for programs or uses that, in the determination of the Director of the Office of Long-Term Care, enhance the quality of life for long-term care facility residents through the adoption of principles and building designs established by the Eden Alternative, Inc. or Green House Project programs or other means.

Amended by Act 2019, No. 315,§ 1865, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5183, eff. 7/1/2019.

Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1988 (4th Ex. Sess.), No. 4, § 4; 1988 (4th Ex. Sess.), No. 14, § 4; 2007, No. 193, § 1.
Ark. Code Ann. § 20-59-703 — AR Code / Title 20 / Chapter 59 / Subchapter 7 / Section 20-59-703
Rules
Status: in_force

The Department of Health shall have the authority to promulgate such rules as necessary to administer this subchapter. Amended by Act 2019, No. 315,§ 2203, eff. 7/24/2019. Acts 1993, No. 701, § 2.

The Department of Health shall have the authority to promulgate such rules as necessary to administer this subchapter.

Amended by Act 2019, No. 315,§ 2203, eff. 7/24/2019.

Acts 1993, No. 701, § 2.
Ark. Code Ann. § 20-59-305 — AR Code / Title 20 / Chapter 59 / Subchapter 3 / Section 20-59-305
Production permit required
Status: in_force

(a) It shall be unlawful for any person, firm, or corporation to operate a plant producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix without having first secured a permit signed by the Secretary of the Department of Health and bearing the seal of his or her office. The permit shall be displayed conspicuously at the place of business. (b) Permits shall be issued for one (1) year and shall be in effect from April 1 through March 31 of each year and shall be cancelled, withdrawn, or suspended by the State Board of Health for failure to comply with any of the provisions of this subchapter after due notice in writing has been given and the licensee has been granted a hearing. (c) Any licensee whose permit has been cancelled, withdrawn, or suspended as provided in this section shall have the right of appeal from the action of the board to the circuit court of the county of his or her residence. (d) The secretary shall collect for the permits, and all funds collected by the secretary under the provisions of this subchapter shall be deposited into the State Treasury. Amended by Act 2019, No. 910,§ 5069, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5068, eff. 7/1/2019. Acts 1953, No. 416, §§ 7, 8; 1979, No. 521, § 2; A.S.A. 1947, §§ 82-918.6, 82-918.7.

(a) It shall be unlawful for any person, firm, or corporation to operate a plant producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix without having first secured a permit signed by the Secretary of the Department of Health and bearing the seal of his or her office. The permit shall be displayed conspicuously at the place of business.

(b) Permits shall be issued for one (1) year and shall be in effect from April 1 through March 31 of each year and shall be cancelled, withdrawn, or suspended by the State Board of Health for failure to comply with any of the provisions of this subchapter after due notice in writing has been given and the licensee has been granted a hearing.

(c) Any licensee whose permit has been cancelled, withdrawn, or suspended as provided in this section shall have the right of appeal from the action of the board to the circuit court of the county of his or her residence.

(d) The secretary shall collect for the permits, and all funds collected by the secretary under the provisions of this subchapter shall be deposited into the State Treasury.

Amended by Act 2019, No. 910,§ 5069, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5068, eff. 7/1/2019.

Acts 1953, No. 416, §§ 7, 8; 1979, No. 521, § 2; A.S.A. 1947, §§ 82-918.6, 82-918.7.
Ark. Code Ann. § 20-59-204 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-204
State Board of Health - Appointment of deputies - Rules and standards
Status: in_force

(a) (1) The State Board of Health is authorized and empowered to appoint such deputies and office assistants as in its judgment may be deemed necessary to fully carry out the provisions of this subchapter. (2) The board is authorized and empowered to fix their compensation and to have full and complete control and supervision over them. (b) The board is further authorized, when not inconsistent with this subchapter, to formulate and prescribe such reasonable rules and define and establish standards for dairy products included in this subchapter as may be deemed necessary to accomplish the purpose of this subchapter. Amended by Act 2019, No. 315,§ 2191, eff. 7/24/2019. Acts 1941, No. 114, § 6; A.S.A. 1947, § 82-917.

(a) (1) The State Board of Health is authorized and empowered to appoint such deputies and office assistants as in its judgment may be deemed necessary to fully carry out the provisions of this subchapter. (2) The board is authorized and empowered to fix their compensation and to have full and complete control and supervision over them.

(1) The State Board of Health is authorized and empowered to appoint such deputies and office assistants as in its judgment may be deemed necessary to fully carry out the provisions of this subchapter.

(2) The board is authorized and empowered to fix their compensation and to have full and complete control and supervision over them.

(b) The board is further authorized, when not inconsistent with this subchapter, to formulate and prescribe such reasonable rules and define and establish standards for dairy products included in this subchapter as may be deemed necessary to accomplish the purpose of this subchapter.

Amended by Act 2019, No. 315,§ 2191, eff. 7/24/2019.

Acts 1941, No. 114, § 6; A.S.A. 1947, § 82-917.
Ark. Code Ann. § 20-77-122 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-122
Survey agency for psychiatric residential treatment facilities of children
Status: in_force

(a) To the extent required by federal law, the Division of Medical Services of the Department of Human Services shall designate a survey agency to conduct restraint and seclusion surveys in psychiatric residential treatment facilities for children as defined in § 9-28-402 . (b) No designation by the division shall act as a waiver of the provisions of § 9-28-407(a)(3) or any other applicable law governing child welfare agencies. Acts 2005, No. 2234, § 5.

(a) To the extent required by federal law, the Division of Medical Services of the Department of Human Services shall designate a survey agency to conduct restraint and seclusion surveys in psychiatric residential treatment facilities for children as defined in § 9-28-402 .

(b) No designation by the division shall act as a waiver of the provisions of § 9-28-407(a)(3) or any other applicable law governing child welfare agencies.

Acts 2005, No. 2234, § 5.
Ark. Code Ann. § 20-47-221 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-221
Patient or client advocate
Status: in_force

(a) (1) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall designate a patient or client advocate for the three (3) state mental health facilities located in Little Rock and Benton. (2) The designated patient or client advocate in these facilities shall report directly to the deputy director. (b) The administrator of each receiving facility or program shall designate a patient or client advocate for that receiving facility or program who shall report directly to the administrator. (c) The patient or client advocate's job duties in this capacity shall consist primarily of: (1) Ensuring that each patient or client is aware of his or her rights; (2) Investigating complaints of patients or clients; (3) Assisting in training staff of the receiving facility or program regarding patient's rights; and (4) Acting as an advocate on behalf of a patient or client who is unable to register a complaint because of his or her mental or physical condition. Amended by Act 2017, No. 913,§ 80, eff. 8/1/2017. Acts 1989, No. 861, § 17.

(a) (1) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall designate a patient or client advocate for the three (3) state mental health facilities located in Little Rock and Benton. (2) The designated patient or client advocate in these facilities shall report directly to the deputy director.

(1) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall designate a patient or client advocate for the three (3) state mental health facilities located in Little Rock and Benton.

(2) The designated patient or client advocate in these facilities shall report directly to the deputy director.

(b) The administrator of each receiving facility or program shall designate a patient or client advocate for that receiving facility or program who shall report directly to the administrator.

(c) The patient or client advocate's job duties in this capacity shall consist primarily of: (1) Ensuring that each patient or client is aware of his or her rights; (2) Investigating complaints of patients or clients; (3) Assisting in training staff of the receiving facility or program regarding patient's rights; and (4) Acting as an advocate on behalf of a patient or client who is unable to register a complaint because of his or her mental or physical condition.

(1) Ensuring that each patient or client is aware of his or her rights;

(2) Investigating complaints of patients or clients;

(3) Assisting in training staff of the receiving facility or program regarding patient's rights; and

(4) Acting as an advocate on behalf of a patient or client who is unable to register a complaint because of his or her mental or physical condition.

Amended by Act 2017, No. 913,§ 80, eff. 8/1/2017.

Acts 1989, No. 861, § 17.
Ark. Code Ann. § 20-56-307 — AR Code / Title 20 / Chapter 56 / Subchapter 3 / Section 20-56-307
Visiting qualifying patient registry identification card
Status: in_force

A registry identification card for a visiting qualifying patient shall be extended for a period of ninety (90) days. Added by Act 2021, No. 1028,§ 1, eff. 7/28/2021.

A registry identification card for a visiting qualifying patient shall be extended for a period of ninety (90) days.

Added by Act 2021, No. 1028,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-64-212 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-212
Persons and corporations exempted
Status: in_force

The provisions of this subchapter restricting the possession and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties. Acts 1937, No. 344, § 12; Pope's Dig., § 10137; A.S.A. 1947, § 82-1012.

The provisions of this subchapter restricting the possession and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties.

Acts 1937, No. 344, § 12; Pope's Dig., § 10137; A.S.A. 1947, § 82-1012.
Ark. Code Ann. § 20-62-102 — AR Code / Title 20 / Chapter 62 / Section 20-62-102
Sales of strychnine restricted
Status: in_force

(a) It shall be unlawful for any person in the State of Arkansas to sell or give away or for any person to buy or accept a gift of any strychnine or its salts except upon prescription therefor of a licensed physician, dentist, or veterinarian, or where purchased for use by a licensed pest control operator. (b) (1) Any person in this state selling or giving away any strychnine or its salts as authorized in subsection (a) of this section shall keep a record for not less than two (2) years, in a book provided for that purpose, of the date of the sale or gift, the quantity thereof, the name of the person making the sale or gift, and the signature and address of the person making the purchase or receiving the gift. (2) If the purchaser is a person who is not known to the seller of any strychnine or its salts, the seller shall require such identification of the purchaser as may be necessary to determine the true name and address of the purchaser. (c) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed two hundred dollars ($200) or imprisoned not more than thirty (30) days, or be both fined and imprisoned. Acts 1959, No. 41, §§ 1, 2; A.S.A. 1947, §§ 82-955, 82-956.

(a) It shall be unlawful for any person in the State of Arkansas to sell or give away or for any person to buy or accept a gift of any strychnine or its salts except upon prescription therefor of a licensed physician, dentist, or veterinarian, or where purchased for use by a licensed pest control operator.

(b) (1) Any person in this state selling or giving away any strychnine or its salts as authorized in subsection (a) of this section shall keep a record for not less than two (2) years, in a book provided for that purpose, of the date of the sale or gift, the quantity thereof, the name of the person making the sale or gift, and the signature and address of the person making the purchase or receiving the gift. (2) If the purchaser is a person who is not known to the seller of any strychnine or its salts, the seller shall require such identification of the purchaser as may be necessary to determine the true name and address of the purchaser.

(1) Any person in this state selling or giving away any strychnine or its salts as authorized in subsection (a) of this section shall keep a record for not less than two (2) years, in a book provided for that purpose, of the date of the sale or gift, the quantity thereof, the name of the person making the sale or gift, and the signature and address of the person making the purchase or receiving the gift.

(2) If the purchaser is a person who is not known to the seller of any strychnine or its salts, the seller shall require such identification of the purchaser as may be necessary to determine the true name and address of the purchaser.

(c) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed two hundred dollars ($200) or imprisoned not more than thirty (30) days, or be both fined and imprisoned.

Acts 1959, No. 41, §§ 1, 2; A.S.A. 1947, §§ 82-955, 82-956.
Ark. Code Ann. § 20-79-303 — AR Code / Title 20 / Chapter 79 / Subchapter 3 / Section 20-79-303
Technology Equipment Revolving Loan Fund - Administration
Status: in_force

(a) Arkansas Rehabilitation Services shall administer the Technology Equipment Revolving Loan Fund. (b) Arkansas Rehabilitation Services shall submit to the Technology Equipment Revolving Loan Fund Committee proposed rules governing the operation of the fund, including, but not limited to, eligibility for receipt of funds, purposes for which funds may be available, repayment of funds, administrative adjudications in accordance with Arkansas Administrative Procedure Act, § 25-15-201 et seq., and all other matters consistent with and necessary to accomplish the purposes as set out in this subchapter. (c) (1) The committee shall be advisers to Arkansas Rehabilitation Services in making loans under this subchapter. (2) The Commissioner of Arkansas Rehabilitation Services must act on the recommendation of the committee within thirty (30) days of the committee's recommendation or the recommendation of the committee shall be final. Amended by Act 2023, No. 182,§ 13, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2305, eff. 7/24/2019. Acts 1993, No. 384, §§ 6, 8, 9.

(a) Arkansas Rehabilitation Services shall administer the Technology Equipment Revolving Loan Fund.

(b) Arkansas Rehabilitation Services shall submit to the Technology Equipment Revolving Loan Fund Committee proposed rules governing the operation of the fund, including, but not limited to, eligibility for receipt of funds, purposes for which funds may be available, repayment of funds, administrative adjudications in accordance with Arkansas Administrative Procedure Act, § 25-15-201 et seq., and all other matters consistent with and necessary to accomplish the purposes as set out in this subchapter.

(c) (1) The committee shall be advisers to Arkansas Rehabilitation Services in making loans under this subchapter. (2) The Commissioner of Arkansas Rehabilitation Services must act on the recommendation of the committee within thirty (30) days of the committee's recommendation or the recommendation of the committee shall be final.

(1) The committee shall be advisers to Arkansas Rehabilitation Services in making loans under this subchapter.

(2) The Commissioner of Arkansas Rehabilitation Services must act on the recommendation of the committee within thirty (30) days of the committee's recommendation or the recommendation of the committee shall be final.

Amended by Act 2023, No. 182,§ 13, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2305, eff. 7/24/2019.

Acts 1993, No. 384, §§ 6, 8, 9.
Ark. Code Ann. § 20-27-1808 — AR Code / Title 20 / Chapter 27 / Subchapter 18 / Section 20-27-1808
Subchapter deemed cumulative
Status: in_force

(a) This subchapter is cumulative to and does not prohibit the enactment of any other general or local laws, rules, or regulations of state or local governing authorities or local ordinances prohibiting smoking that are more restrictive than or are in direct conflict with this subchapter. (b) This subchapter may not be construed to permit smoking where it is otherwise restricted by other applicable laws or employer policies. Acts 2006 (1st Ex. Sess.), No. 8, § 1.

(a) This subchapter is cumulative to and does not prohibit the enactment of any other general or local laws, rules, or regulations of state or local governing authorities or local ordinances prohibiting smoking that are more restrictive than or are in direct conflict with this subchapter.

(b) This subchapter may not be construed to permit smoking where it is otherwise restricted by other applicable laws or employer policies.

Acts 2006 (1st Ex. Sess.), No. 8, § 1.
Ark. Code Ann. § 20-80-304 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-304
Recognition of agencies generally - Establishment of financial assistance
Status: in_force

In furtherance of the purposes of this subchapter, the General Assembly recognizes community action organizations in their efforts to provide services beneficial to low-income citizens of this state and establishes a program of financial assistance to recognized community action agencies to enable them to continue and expand activities and programs stated in § 20-80-302 . Acts 1985, No. 345, § 1; A.S.A. 1947, § 83-1107.

In furtherance of the purposes of this subchapter, the General Assembly recognizes community action organizations in their efforts to provide services beneficial to low-income citizens of this state and establishes a program of financial assistance to recognized community action agencies to enable them to continue and expand activities and programs stated in § 20-80-302 .

Acts 1985, No. 345, § 1; A.S.A. 1947, § 83-1107.
Ark. Code Ann. § 20-20-221 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-221
Judicial review
Status: in_force

(a) Any person aggrieved by any action of the State Plant Board may obtain a review thereof by filing in the circuit court within thirty (30) days of notice of the action a written petition praying that the action of the board be set aside. (b) A copy of the petition shall immediately be delivered to the board, and within thirty (30) days thereafter, the board shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received. The court shall then have jurisdiction to affirm, set aside, or modify the action of the board, except that the findings of the board as to the facts, if supported by substantial evidence, shall be conclusive. Acts 1975, No. 389, § 22; A.S.A. 1947, § 77-272.

(a) Any person aggrieved by any action of the State Plant Board may obtain a review thereof by filing in the circuit court within thirty (30) days of notice of the action a written petition praying that the action of the board be set aside.

(b) A copy of the petition shall immediately be delivered to the board, and within thirty (30) days thereafter, the board shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received. The court shall then have jurisdiction to affirm, set aside, or modify the action of the board, except that the findings of the board as to the facts, if supported by substantial evidence, shall be conclusive.

Acts 1975, No. 389, § 22; A.S.A. 1947, § 77-272.
Ark. Code Ann. § 20-59-208 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-208
Receiving or transfer plant license
Status: in_force

(a) Any plant where fluid milk or cream not in consumer packages is received on consignment or otherwise, stored, or transported but where packaging, processing, or manufacturing does not occur shall be required to have an annual receiving or transfer plant license for each location or plant where milk or cream is received. (b) License fees for receiving or transfer plant licenses shall be as follows: (1) The license fee for a receiving or transfer plant receiving fluid milk shall be one-half (1/2) the fee based on the schedule under § 20-59-206(c)(1) ; (2) The license fee for a receiving or transfer plant receiving cream shall be one-half (1/2) the fee based on the schedule under § 20-59-206(c)(2) ; and (3) If a receiving or transfer plant receives both fluid milk and cream, the license fee shall be one-half (1/2) the fee based on a combination of schedules under § 20-59-206(c) . Acts 1941, No. 114, § 4; 1973, No. 98, § 2; A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1.

(a) Any plant where fluid milk or cream not in consumer packages is received on consignment or otherwise, stored, or transported but where packaging, processing, or manufacturing does not occur shall be required to have an annual receiving or transfer plant license for each location or plant where milk or cream is received.

(b) License fees for receiving or transfer plant licenses shall be as follows: (1) The license fee for a receiving or transfer plant receiving fluid milk shall be one-half (1/2) the fee based on the schedule under § 20-59-206(c)(1) ; (2) The license fee for a receiving or transfer plant receiving cream shall be one-half (1/2) the fee based on the schedule under § 20-59-206(c)(2) ; and (3) If a receiving or transfer plant receives both fluid milk and cream, the license fee shall be one-half (1/2) the fee based on a combination of schedules under § 20-59-206(c) .

(1) The license fee for a receiving or transfer plant receiving fluid milk shall be one-half (1/2) the fee based on the schedule under § 20-59-206(c)(1) ;

(2) The license fee for a receiving or transfer plant receiving cream shall be one-half (1/2) the fee based on the schedule under § 20-59-206(c)(2) ; and

(3) If a receiving or transfer plant receives both fluid milk and cream, the license fee shall be one-half (1/2) the fee based on a combination of schedules under § 20-59-206(c) .

Acts 1941, No. 114, § 4; 1973, No. 98, § 2; A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1.
Ark. Code Ann. § 20-15-2302 — AR Code / Title 20 / Chapter 15 / Subchapter 23 / Section 20-15-2302
Powers and duties
Status: in_force

The Maternal Mortality Review Committee shall: (1) Review pregnancy-associated deaths or deaths of women with indication of pregnancy up to three hundred sixty-five (365) days after the end of pregnancy, regardless of cause, to identify the factors contributing to these deaths; (2) Identify maternal death cases; (3) Review medical records and other relevant data; (4) Contact family members and other affected or involved persons to collect additional relevant data; (5) Consult with relevant experts to evaluate the records and data; (6) Make determinations regarding the preventability of maternal deaths; (7) Develop recommendations for the prevention of maternal deaths, including public health and clinical interventions that may reduce these deaths and improve systems of care; and (8) Disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public. Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.

The Maternal Mortality Review Committee shall:

(1) Review pregnancy-associated deaths or deaths of women with indication of pregnancy up to three hundred sixty-five (365) days after the end of pregnancy, regardless of cause, to identify the factors contributing to these deaths;

(2) Identify maternal death cases;

(3) Review medical records and other relevant data;

(4) Contact family members and other affected or involved persons to collect additional relevant data;

(5) Consult with relevant experts to evaluate the records and data;

(6) Make determinations regarding the preventability of maternal deaths;

(7) Develop recommendations for the prevention of maternal deaths, including public health and clinical interventions that may reduce these deaths and improve systems of care; and

(8) Disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public.

Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-59-602 — AR Code / Title 20 / Chapter 59 / Subchapter 6 / Section 20-59-602
Escrow accounts
Status: in_force

(a) (1) Pursuant to the provisions of this section, a dairy farmer from whom milk was purchased by a milk processor may require the milk processor to establish an escrow account for the benefit of the dairy farmer for the payment of the purchase price of milk as specified in subdivision (a)(2) of this section. (2) A dairy farmer may require the milk processor to establish an escrow account only if: (A) The dairy farmer has failed to receive payment of the purchase price for the milk, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the thirtieth day after the final date for payment of the purchase price that such payment has not been received; or (B) A payment instrument received by the dairy farmer from the milk processor has been dishonored, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the fifteenth business day after the day that the notice of dishonor was received. (3) The notice specified by subdivision (a)(2) of this section shall require that an escrow account be established and that the payment received from the sale of any milk or dairy product as specified in subsection (b) of this section shall be deposited into the escrow account until the dairy farmer has received full payment of the purchase price for the milk. (b) (1) The milk processor shall deposit upon receipt into the escrow account a proportional share of all payments received from the sale of milk or dairy products by the milk processor, which is equal to the amount of the milk sold by the dairy farmer to the processor in proportion to the total amount of milk purchased, for the sale of the milk and dairy products by the milk processor. The payments shall be deposited into the escrow account until the dairy farmer has received full payment for the purchase price for the milk. (2) The escrow account shall be a segregated interest-bearing account and shall be established for the benefit of the dairy farmer. Upon sufficient proof of identification, the escrow account agent shall promptly pay to the dairy farmer any sum accumulated for his or her benefit in the escrow account. (c) (1) If any milk processor is required to establish more than one (1) escrow account by operation of the provisions of this section, then the moneys accruing may all be commingled in a single account. (2) The commingled moneys accumulated in the account shall be distributed to each dairy farmer in the amount due to each. (3) If the commingled moneys accumulated in the account are insufficient to pay all the dairy farmers, the escrow account agent shall distribute the moneys so accumulated in proportion to the current amount due each. (d) For the purposes of this section, the moneys held by the escrow account agent shall be deemed to be the property of the dairy farmer, or dairy farmers if such moneys have been commingled, in the current amount due to each, or in proportion to the amount due each. Acts 1989, No. 4, § 2.

(a) (1) Pursuant to the provisions of this section, a dairy farmer from whom milk was purchased by a milk processor may require the milk processor to establish an escrow account for the benefit of the dairy farmer for the payment of the purchase price of milk as specified in subdivision (a)(2) of this section. (2) A dairy farmer may require the milk processor to establish an escrow account only if: (A) The dairy farmer has failed to receive payment of the purchase price for the milk, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the thirtieth day after the final date for payment of the purchase price that such payment has not been received; or (B) A payment instrument received by the dairy farmer from the milk processor has been dishonored, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the fifteenth business day after the day that the notice of dishonor was received. (3) The notice specified by subdivision (a)(2) of this section shall require that an escrow account be established and that the payment received from the sale of any milk or dairy product as specified in subsection (b) of this section shall be deposited into the escrow account until the dairy farmer has received full payment of the purchase price for the milk.

(1) Pursuant to the provisions of this section, a dairy farmer from whom milk was purchased by a milk processor may require the milk processor to establish an escrow account for the benefit of the dairy farmer for the payment of the purchase price of milk as specified in subdivision (a)(2) of this section.

(2) A dairy farmer may require the milk processor to establish an escrow account only if: (A) The dairy farmer has failed to receive payment of the purchase price for the milk, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the thirtieth day after the final date for payment of the purchase price that such payment has not been received; or (B) A payment instrument received by the dairy farmer from the milk processor has been dishonored, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the fifteenth business day after the day that the notice of dishonor was received.

(A) The dairy farmer has failed to receive payment of the purchase price for the milk, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the thirtieth day after the final date for payment of the purchase price that such payment has not been received; or

(B) A payment instrument received by the dairy farmer from the milk processor has been dishonored, and the dairy farmer has given written notice by registered mail, return receipt requested, to the milk processor by the end of the fifteenth business day after the day that the notice of dishonor was received.

(3) The notice specified by subdivision (a)(2) of this section shall require that an escrow account be established and that the payment received from the sale of any milk or dairy product as specified in subsection (b) of this section shall be deposited into the escrow account until the dairy farmer has received full payment of the purchase price for the milk.

(b) (1) The milk processor shall deposit upon receipt into the escrow account a proportional share of all payments received from the sale of milk or dairy products by the milk processor, which is equal to the amount of the milk sold by the dairy farmer to the processor in proportion to the total amount of milk purchased, for the sale of the milk and dairy products by the milk processor. The payments shall be deposited into the escrow account until the dairy farmer has received full payment for the purchase price for the milk. (2) The escrow account shall be a segregated interest-bearing account and shall be established for the benefit of the dairy farmer. Upon sufficient proof of identification, the escrow account agent shall promptly pay to the dairy farmer any sum accumulated for his or her benefit in the escrow account.

(1) The milk processor shall deposit upon receipt into the escrow account a proportional share of all payments received from the sale of milk or dairy products by the milk processor, which is equal to the amount of the milk sold by the dairy farmer to the processor in proportion to the total amount of milk purchased, for the sale of the milk and dairy products by the milk processor. The payments shall be deposited into the escrow account until the dairy farmer has received full payment for the purchase price for the milk.

(2) The escrow account shall be a segregated interest-bearing account and shall be established for the benefit of the dairy farmer. Upon sufficient proof of identification, the escrow account agent shall promptly pay to the dairy farmer any sum accumulated for his or her benefit in the escrow account.

(c) (1) If any milk processor is required to establish more than one (1) escrow account by operation of the provisions of this section, then the moneys accruing may all be commingled in a single account. (2) The commingled moneys accumulated in the account shall be distributed to each dairy farmer in the amount due to each. (3) If the commingled moneys accumulated in the account are insufficient to pay all the dairy farmers, the escrow account agent shall distribute the moneys so accumulated in proportion to the current amount due each.

(1) If any milk processor is required to establish more than one (1) escrow account by operation of the provisions of this section, then the moneys accruing may all be commingled in a single account.

(2) The commingled moneys accumulated in the account shall be distributed to each dairy farmer in the amount due to each.

(3) If the commingled moneys accumulated in the account are insufficient to pay all the dairy farmers, the escrow account agent shall distribute the moneys so accumulated in proportion to the current amount due each.

(d) For the purposes of this section, the moneys held by the escrow account agent shall be deemed to be the property of the dairy farmer, or dairy farmers if such moneys have been commingled, in the current amount due to each, or in proportion to the amount due each.

Acts 1989, No. 4, § 2.
Ark. Code Ann. § 20-47-708 — AR Code / Title 20 / Chapter 47 / Subchapter 7 / Section 20-47-708
Annual report
Status: in_force

The Department of Human Services shall report annually on progress to the: (1) Governor; (2) House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth; and (3) House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2013, No. 1132,§ 34, eff. 8/16/2013. Acts 2007, No. 1593, § 1.

The Department of Human Services shall report annually on progress to the:

(1) Governor;

(2) House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth; and

(3) House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

Amended by Act 2013, No. 1132,§ 34, eff. 8/16/2013.

Acts 2007, No. 1593, § 1.
Ark. Code Ann. § 20-10-202 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-202
Creation
Status: in_force

There is created an Office of Long-Term Care within the appropriate division as determined by the Secretary of the Department of Human Services. The head of the office shall be appointed by the secretary. Amended by Act 2019, No. 910,§ 5177, eff. 7/1/2019. Acts 1979, No. 28, § 4; A.S.A. 1947, § 82-2219.

There is created an Office of Long-Term Care within the appropriate division as determined by the Secretary of the Department of Human Services. The head of the office shall be appointed by the secretary.

Amended by Act 2019, No. 910,§ 5177, eff. 7/1/2019.

Acts 1979, No. 28, § 4; A.S.A. 1947, § 82-2219.
Ark. Code Ann. § 20-57-507 — AR Code / Title 20 / Chapter 57 / Subchapter 5 / Section 20-57-507
Applicability - Preemption
Status: in_force

(a) This subchapter does not: (1) Impede the Department of Health in any investigation of foodborne illness; (2) Change the requirements for brand inspection or animal health inspections; (3) Preclude an agency from providing assistance, consultation, or inspection, at the request of the producer; (4) Preclude the production or sale of food items otherwise allowed by law, including without limitation incidental sales of milk that has not been pasteurized under § 20-59-248 ; (5) Change the regulation of other goods and services where homemade food or drink products are also produced or sold; (6) Exempt producers or sellers of homemade food or drink products from any applicable: (A) Tax law; (B) Fishing or hunting law; (C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or (D) Another state's laws; or (7) Conflict with the authority of the department to ensure food is not adulterated or misbranded under the Food, Drug, and Cosmetic Act, § 20-56-201 et seq. (b) This subchapter preempts county, municipal, and other political subdivision jurisdictions from prohibiting and regulating the production and sale of homemade food or drink products. Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.

(a) This subchapter does not: (1) Impede the Department of Health in any investigation of foodborne illness; (2) Change the requirements for brand inspection or animal health inspections; (3) Preclude an agency from providing assistance, consultation, or inspection, at the request of the producer; (4) Preclude the production or sale of food items otherwise allowed by law, including without limitation incidental sales of milk that has not been pasteurized under § 20-59-248 ; (5) Change the regulation of other goods and services where homemade food or drink products are also produced or sold; (6) Exempt producers or sellers of homemade food or drink products from any applicable: (A) Tax law; (B) Fishing or hunting law; (C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or (D) Another state's laws; or (7) Conflict with the authority of the department to ensure food is not adulterated or misbranded under the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.

(1) Impede the Department of Health in any investigation of foodborne illness;

(2) Change the requirements for brand inspection or animal health inspections;

(3) Preclude an agency from providing assistance, consultation, or inspection, at the request of the producer;

(4) Preclude the production or sale of food items otherwise allowed by law, including without limitation incidental sales of milk that has not been pasteurized under § 20-59-248 ;

(5) Change the regulation of other goods and services where homemade food or drink products are also produced or sold;

(6) Exempt producers or sellers of homemade food or drink products from any applicable: (A) Tax law; (B) Fishing or hunting law; (C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or (D) Another state's laws; or

(A) Tax law;

(B) Fishing or hunting law;

(C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or

(D) Another state's laws; or

(7) Conflict with the authority of the department to ensure food is not adulterated or misbranded under the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.

(b) This subchapter preempts county, municipal, and other political subdivision jurisdictions from prohibiting and regulating the production and sale of homemade food or drink products.

Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-77-311 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-311
Denial or reduction of benefits - Healthcare providers
Status: in_force

After July 1, 1981, no association authorized to do business in this state which provides or pays for any healthcare benefits shall issue any certificate which contains any provision denying or reducing benefits because services are rendered to a certificate holder or beneficiary who is eligible for medical assistance under the Arkansas Medicaid Program. Acts 1981, No. 500, § 9; A.S.A. 1947, § 83-171.10.

After July 1, 1981, no association authorized to do business in this state which provides or pays for any healthcare benefits shall issue any certificate which contains any provision denying or reducing benefits because services are rendered to a certificate holder or beneficiary who is eligible for medical assistance under the Arkansas Medicaid Program.

Acts 1981, No. 500, § 9; A.S.A. 1947, § 83-171.10.
Ark. Code Ann. § 20-77-1203 — AR Code / Title 20 / Chapter 77 / Subchapter 12 / Section 20-77-1203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) (A) "Cost sharing" means the portion of the cost of a Medicaid-covered service which must be paid at the point of service by the eligible individual. (B) Cost sharing shall be set on a sliding scale based on income; (2) "Eligible individual" means an individual who meets the disability assets and unearned income standards to receive supplemental security income, who would be considered to be receiving supplemental security income benefits but for his or her earned income; (3) "Family" means family as defined in the Medical Services Policy Manual; (4) "Medicaid-covered service" means physician, pharmacy, and hospital services covered for other categories of the Arkansas Medicaid Program; and (5) "Premium" means a charge which must be paid by an applicant as a condition of enrolling in the low-income disabled working person category of Medicaid eligibility. Amended by Act 2013, No. 1048,§ 1, eff. 8/16/2013. Acts 1999, No. 1197, § 3.

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

(1) (A) "Cost sharing" means the portion of the cost of a Medicaid-covered service which must be paid at the point of service by the eligible individual. (B) Cost sharing shall be set on a sliding scale based on income;

(A) "Cost sharing" means the portion of the cost of a Medicaid-covered service which must be paid at the point of service by the eligible individual.

(B) Cost sharing shall be set on a sliding scale based on income;

(2) "Eligible individual" means an individual who meets the disability assets and unearned income standards to receive supplemental security income, who would be considered to be receiving supplemental security income benefits but for his or her earned income;

(3) "Family" means family as defined in the Medical Services Policy Manual;

(4) "Medicaid-covered service" means physician, pharmacy, and hospital services covered for other categories of the Arkansas Medicaid Program; and

(5) "Premium" means a charge which must be paid by an applicant as a condition of enrolling in the low-income disabled working person category of Medicaid eligibility.

Amended by Act 2013, No. 1048,§ 1, eff. 8/16/2013.

Acts 1999, No. 1197, § 3.
Ark. Code Ann. § 20-17-909 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-909
Minimum maintenance for petitioned abandoned cemeteries
Status: in_force

Petitioned abandoned cemeteries that are no more than one (1) acre in size are eligible for minimum maintenance. Acts 2005, No. 2001, § 2.

Petitioned abandoned cemeteries that are no more than one (1) acre in size are eligible for minimum maintenance.

Acts 2005, No. 2001, § 2.
Ark. Code Ann. § 20-48-509 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-509
Taxation of bonds
Status: in_force

Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes. This exemption includes income and estate taxes. Acts 1963, No. 186, § 9; A.S.A. 1947, § 59-1124.

Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes. This exemption includes income and estate taxes.

Acts 1963, No. 186, § 9; A.S.A. 1947, § 59-1124.
Ark. Code Ann. § 20-15-1505 — AR Code / Title 20 / Chapter 15 / Subchapter 15 / Section 20-15-1505
Exemption
Status: in_force

No test is to be performed if the parent of a newborn or infant dissents on the ground that the test conflicts with a personal religious belief or practice. Acts 1999, No. 1559, § 5.

No test is to be performed if the parent of a newborn or infant dissents on the ground that the test conflicts with a personal religious belief or practice.

Acts 1999, No. 1559, § 5.
Ark. Code Ann. § 20-16-812 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-812
Legislative intent
Status: in_force

This subchapter is not intended to create and shall not be construed to create an affirmative right to legal abortion. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

This subchapter is not intended to create and shall not be construed to create an affirmative right to legal abortion.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-13-501 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-501
Legislative finding
Status: in_force

(a) The General Assembly finds and declares that because of the inherent threat of human danger posed by injudicious use, or misuse, of dangerous substances, the physicians and allied health professionals who provide healthcare services for Arkansas citizens are in need of emergency poison control and drug information and toxicological laboratory services sufficient to provide, on a twenty-four-hour coverage basis, reliable, accurate, and qualified professional judgments and responses to requests for emergency poison control and drug information data and emergency toxicological laboratory services such as analysis of blood, urine, vomitus, and gastric lavage for substance identification, and that public health and welfare require such services. (b) The General Assembly further finds and declares that legislation is required to authorize and provide effective practical delivery of emergency poison control and drug information and toxicological laboratory services judgments and responses to physicians and allied health professionals who deliver healthcare services within this state. Acts 1975, No. 600, § 1; A.S.A. 1947, § 82-3501.

(a) The General Assembly finds and declares that because of the inherent threat of human danger posed by injudicious use, or misuse, of dangerous substances, the physicians and allied health professionals who provide healthcare services for Arkansas citizens are in need of emergency poison control and drug information and toxicological laboratory services sufficient to provide, on a twenty-four-hour coverage basis, reliable, accurate, and qualified professional judgments and responses to requests for emergency poison control and drug information data and emergency toxicological laboratory services such as analysis of blood, urine, vomitus, and gastric lavage for substance identification, and that public health and welfare require such services.

(b) The General Assembly further finds and declares that legislation is required to authorize and provide effective practical delivery of emergency poison control and drug information and toxicological laboratory services judgments and responses to physicians and allied health professionals who deliver healthcare services within this state.

Acts 1975, No. 600, § 1; A.S.A. 1947, § 82-3501.
Ark. Code Ann. § 20-38-106 — AR Code / Title 20 / Chapter 38 / Section 20-38-106
Evidence of criminal history records checks
Status: in_force

(a) A service provider shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing or certifying agency evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of the service provider and evidence that all operators, applicants for employment, and employees of the service provider have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency. (b) If a service provider employs an applicant or continues the employment of an employee who satisfied the criteria for a waiver under § 20-38-105(d)(3) , the service provider shall maintain documentation that the person met the criteria for the waiver, including the written acknowledgment by the licensing or certifying authority. Amended by Act 2019, No. 318,§ 9, eff. 7/24/2019. Amended by Act 2013, No. 990,§ 3, eff. 4/8/2013. Acts 2009, No. 762, § 4.

(a) A service provider shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing or certifying agency evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of the service provider and evidence that all operators, applicants for employment, and employees of the service provider have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency.

(b) If a service provider employs an applicant or continues the employment of an employee who satisfied the criteria for a waiver under § 20-38-105(d)(3) , the service provider shall maintain documentation that the person met the criteria for the waiver, including the written acknowledgment by the licensing or certifying authority.

Amended by Act 2019, No. 318,§ 9, eff. 7/24/2019.

Amended by Act 2013, No. 990,§ 3, eff. 4/8/2013.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-22-806 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-806
Certification and classification of fire departments
Status: in_force

(a) Fire departments in this state may apply for annual certification and classification by the Director of the Office of Fire Protection Services. Each fire department applying for certification shall submit such information as may be required by the director to determine whether the fire department meets minimum certification standards and to classify the department as to its level of service. (b) (1) Certification standards for fire departments shall not be changed unless the changes are approved by the Arkansas Fire Protection Services Board. (2) Any change to the certification standards under this subsection shall not be effective until twelve (12) months after the adoption of the published change. (c) (1) Firefighters shall maintain a minimum of sixteen (16) hours per year of certifiable training meeting the standards of the Arkansas Fire Training Academy. (2) A firefighter who receives more certified hours than required in subdivision (c)(1) of this section in a year may carry over the additional certified hours to the next year only. (d) Firefighters shall also receive within the first year of service as a firefighter: (1) Up to sixteen (16) hours in the Introduction to Firefighting course; (2) Up to sixteen (16) hours in the Personal Protective Equipment course; and (3) Up to eight (8) hours in the Wildland Fire Suppression course. (e) (1) A member of a fire department who does not engage in firefighting is exempt from the requirements of this section. (2) A member under subdivision (e)(1) of this section shall be eligible for workers' compensation coverage under § 20-22-809 . (3) A member under subdivision (e)(1) of this section is considered a firefighter for the purpose of number of members of the fire department. (f) A fire department that complies with this section is eligible for insurance premium tax moneys under § 14-284-401 et seq. Acts 1987, No. 837, § 5; 2007, No. 362, § 1; 2009, No. 808, § 1.

(a) Fire departments in this state may apply for annual certification and classification by the Director of the Office of Fire Protection Services. Each fire department applying for certification shall submit such information as may be required by the director to determine whether the fire department meets minimum certification standards and to classify the department as to its level of service.

(b) (1) Certification standards for fire departments shall not be changed unless the changes are approved by the Arkansas Fire Protection Services Board. (2) Any change to the certification standards under this subsection shall not be effective until twelve (12) months after the adoption of the published change.

(1) Certification standards for fire departments shall not be changed unless the changes are approved by the Arkansas Fire Protection Services Board.

(2) Any change to the certification standards under this subsection shall not be effective until twelve (12) months after the adoption of the published change.

(c) (1) Firefighters shall maintain a minimum of sixteen (16) hours per year of certifiable training meeting the standards of the Arkansas Fire Training Academy. (2) A firefighter who receives more certified hours than required in subdivision (c)(1) of this section in a year may carry over the additional certified hours to the next year only.

(1) Firefighters shall maintain a minimum of sixteen (16) hours per year of certifiable training meeting the standards of the Arkansas Fire Training Academy.

(2) A firefighter who receives more certified hours than required in subdivision (c)(1) of this section in a year may carry over the additional certified hours to the next year only.

(d) Firefighters shall also receive within the first year of service as a firefighter: (1) Up to sixteen (16) hours in the Introduction to Firefighting course; (2) Up to sixteen (16) hours in the Personal Protective Equipment course; and (3) Up to eight (8) hours in the Wildland Fire Suppression course.

(1) Up to sixteen (16) hours in the Introduction to Firefighting course;

(2) Up to sixteen (16) hours in the Personal Protective Equipment course; and

(3) Up to eight (8) hours in the Wildland Fire Suppression course.

(e) (1) A member of a fire department who does not engage in firefighting is exempt from the requirements of this section. (2) A member under subdivision (e)(1) of this section shall be eligible for workers' compensation coverage under § 20-22-809 . (3) A member under subdivision (e)(1) of this section is considered a firefighter for the purpose of number of members of the fire department.

(1) A member of a fire department who does not engage in firefighting is exempt from the requirements of this section.

(2) A member under subdivision (e)(1) of this section shall be eligible for workers' compensation coverage under § 20-22-809 .

(3) A member under subdivision (e)(1) of this section is considered a firefighter for the purpose of number of members of the fire department.

(f) A fire department that complies with this section is eligible for insurance premium tax moneys under § 14-284-401 et seq.

Acts 1987, No. 837, § 5; 2007, No. 362, § 1; 2009, No. 808, § 1.
Ark. Code Ann. § 20-56-218 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-218
Poisonous or deleterious substance - Rules for use
Status: in_force

(a) Any poisonous or deleterious substance added to any food, except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of § 20-56-208(2) , but when the substance is so required or cannot be so avoided, the State Board of Health shall promulgate rules limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of the public health. Any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of § 20-56-208(2) . (b) While such a rule is in effect limiting the quantity of any substance in the case of any food, the food shall not, by reason of bearing or containing any added amount of the substance not in excess of the limit established by rule, be considered to be adulterated within the meaning of § 20-56-208(1) . (c) In determining the quantity of the added substance to be tolerated in or on different articles of food, the board shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. Amended by Act 2019, No. 315,§ 2174, eff. 7/24/2019. Acts 1953, No. 415, § 13; A.S.A. 1947, § 82-1113.

(a) Any poisonous or deleterious substance added to any food, except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of § 20-56-208(2) , but when the substance is so required or cannot be so avoided, the State Board of Health shall promulgate rules limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of the public health. Any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of § 20-56-208(2) .

(b) While such a rule is in effect limiting the quantity of any substance in the case of any food, the food shall not, by reason of bearing or containing any added amount of the substance not in excess of the limit established by rule, be considered to be adulterated within the meaning of § 20-56-208(1) .

(c) In determining the quantity of the added substance to be tolerated in or on different articles of food, the board shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.

Amended by Act 2019, No. 315,§ 2174, eff. 7/24/2019.

Acts 1953, No. 415, § 13; A.S.A. 1947, § 82-1113.
Ark. Code Ann. § 20-10-1901 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1901
Purpose
Status: in_force

(a) The General Assembly finds that this subchapter is necessary to provide an alternative process to formal judicial or administrative appeals of deficiencies for long-term care facilities as a means for faster, more efficient, and less expensive resolution of disputes concerning deficiencies cited against long-term care facilities. (b) It is the intent of the General Assembly to provide a process supplemental to formal appeal that is both fair and impartial to all parties to address disputes between long-term care facilities and the Office of Long-Term Care when a deficiency is cited against a long-term care facility. Acts 2003, No. 1108, § 1.

(a) The General Assembly finds that this subchapter is necessary to provide an alternative process to formal judicial or administrative appeals of deficiencies for long-term care facilities as a means for faster, more efficient, and less expensive resolution of disputes concerning deficiencies cited against long-term care facilities.

(b) It is the intent of the General Assembly to provide a process supplemental to formal appeal that is both fair and impartial to all parties to address disputes between long-term care facilities and the Office of Long-Term Care when a deficiency is cited against a long-term care facility.

Acts 2003, No. 1108, § 1.
Ark. Code Ann. § 20-13-216 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-216
Data collection and evaluation system - Confidentiality of records - Definition
Status: in_force

(a) As used in this section, "data, records, reports, and documents" means recordings of interviews and all oral or written proceedings, reports, statements, minutes, memoranda, data, and other documentation collected or compiled for the purposes of nonhospital emergency medical services quality review or assessment and improvement pursuant to a requirement of or request by the Department of Health or other entity authorized by this section. (b) (1) The Department of Health shall develop a data collection and evaluation process to review nonhospital emergency medical care and time-critical diagnoses and procedures conducted by licensed emergency medical services personnel. (2) The State Board of Health shall promulgate rules for the Department of Health to implement the process, which shall be designed to study both the individual and collective care and treatment given to patients. (c) (1) The Department of Health may collect data and information regarding patients treated and transported from the field and admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit or post-hospitalization facility. (2) Data and information shall be collected in a manner that protects and maintains the confidential nature of patient records. (d) Records and reports made under this section shall: (1) Be held confidential within the hospital, the service provider, and the Department of Health; and (2) Not be available to the public. (e) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health or other entity authorized under this section for the purpose of quality or system assessment and improvement are not subject to disclosure to the extent that they identify or could be used to identify any individual patient, provider, institution, or health plan. (f) (1) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health or other entity authorized under this section for the purpose of quality or assessment and improvement shall: (A) Not be admissible in any legal proceeding; and (B) Be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under § 16-46-105(a)(1) . (2) A healthcare provider's use of the information in its internal operations shall not operate as a waiver of these protections. (g) All information shall be treated in a manner that is consistent with all state and federal privacy requirements. (h) The Department of Health or other entity authorized to provide services may use any data, records, reports, or documents generated or acquired in its internal operations without waiving any protections under this section. Added by Act 2021, No. 707,§ 1, eff. 7/28/2021.

(a) As used in this section, "data, records, reports, and documents" means recordings of interviews and all oral or written proceedings, reports, statements, minutes, memoranda, data, and other documentation collected or compiled for the purposes of nonhospital emergency medical services quality review or assessment and improvement pursuant to a requirement of or request by the Department of Health or other entity authorized by this section.

(b) (1) The Department of Health shall develop a data collection and evaluation process to review nonhospital emergency medical care and time-critical diagnoses and procedures conducted by licensed emergency medical services personnel. (2) The State Board of Health shall promulgate rules for the Department of Health to implement the process, which shall be designed to study both the individual and collective care and treatment given to patients.

(1) The Department of Health shall develop a data collection and evaluation process to review nonhospital emergency medical care and time-critical diagnoses and procedures conducted by licensed emergency medical services personnel.

(2) The State Board of Health shall promulgate rules for the Department of Health to implement the process, which shall be designed to study both the individual and collective care and treatment given to patients.

(c) (1) The Department of Health may collect data and information regarding patients treated and transported from the field and admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit or post-hospitalization facility. (2) Data and information shall be collected in a manner that protects and maintains the confidential nature of patient records.

(1) The Department of Health may collect data and information regarding patients treated and transported from the field and admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit or post-hospitalization facility.

(2) Data and information shall be collected in a manner that protects and maintains the confidential nature of patient records.

(d) Records and reports made under this section shall: (1) Be held confidential within the hospital, the service provider, and the Department of Health; and (2) Not be available to the public.

(1) Be held confidential within the hospital, the service provider, and the Department of Health; and

(2) Not be available to the public.

(e) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health or other entity authorized under this section for the purpose of quality or system assessment and improvement are not subject to disclosure to the extent that they identify or could be used to identify any individual patient, provider, institution, or health plan.

(f) (1) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health or other entity authorized under this section for the purpose of quality or assessment and improvement shall: (A) Not be admissible in any legal proceeding; and (B) Be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under § 16-46-105(a)(1) . (2) A healthcare provider's use of the information in its internal operations shall not operate as a waiver of these protections.

(1) Any data, records, reports, and documents collected or compiled by or on behalf of the Department of Health or other entity authorized under this section for the purpose of quality or assessment and improvement shall: (A) Not be admissible in any legal proceeding; and (B) Be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under § 16-46-105(a)(1) .

(A) Not be admissible in any legal proceeding; and

(B) Be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under § 16-46-105(a)(1) .

(2) A healthcare provider's use of the information in its internal operations shall not operate as a waiver of these protections.

(g) All information shall be treated in a manner that is consistent with all state and federal privacy requirements.

(h) The Department of Health or other entity authorized to provide services may use any data, records, reports, or documents generated or acquired in its internal operations without waiving any protections under this section.

Added by Act 2021, No. 707,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-48-903 — AR Code / Title 20 / Chapter 48 / Subchapter 9 / Section 20-48-903
Administration
Status: in_force

(a) The Director of the Division of Medical Services of the Department of Human Services shall administer this subchapter and shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the provider fee; (B) (i) The enforcement of this subchapter, including without limitation license or certification nonrenewal, letters of caution, sanctions, or fines. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500). (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee; (C) The format for reporting gross receipts; and (D) The administration of this subchapter. (2) The rules shall not grant any exceptions to or exceptions from the provider fee. Acts 2009, No. 433, § 1.

(a) The Director of the Division of Medical Services of the Department of Human Services shall administer this subchapter and shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the provider fee; (B) (i) The enforcement of this subchapter, including without limitation license or certification nonrenewal, letters of caution, sanctions, or fines. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500). (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee; (C) The format for reporting gross receipts; and (D) The administration of this subchapter. (2) The rules shall not grant any exceptions to or exceptions from the provider fee.

(1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for: (A) The proper imposition and collection of the provider fee; (B) (i) The enforcement of this subchapter, including without limitation license or certification nonrenewal, letters of caution, sanctions, or fines. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500). (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee; (C) The format for reporting gross receipts; and (D) The administration of this subchapter.

(A) The proper imposition and collection of the provider fee;

(B) (i) The enforcement of this subchapter, including without limitation license or certification nonrenewal, letters of caution, sanctions, or fines. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500). (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;

(i) The enforcement of this subchapter, including without limitation license or certification nonrenewal, letters of caution, sanctions, or fines.

(ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).

(iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;

(C) The format for reporting gross receipts; and

(D) The administration of this subchapter.

(2) The rules shall not grant any exceptions to or exceptions from the provider fee.

Acts 2009, No. 433, § 1.