Ark. Code Ann. § 20-77-2805 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2805
Medical Transportation Assessment Account
Status: in_force

(a) (1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the "Medical Transportation Assessment Account". (2) The medical transportation provider assessments imposed under § 20-77-2803 shall be deposited into the Medical Transportation Assessment Account. (b) Moneys in the Medical Transportation Assessment Account shall consist of: (1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from medical transportation provider assessments imposed under § 20-77-2803 ; (2) Any interest or penalties levied in conjunction with the administration of this subchapter; and (3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable. (c) The Medical Transportation Assessment Account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund. (d) Moneys in the Medical Transportation Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid. (e) The Medical Transportation Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues. (f) (1) Except as necessary to reimburse any funds borrowed to supplement funds in the Medical Transportation Assessment Account, the moneys in the Medical Transportation Assessment Account shall be used only as follows: (A) To make emergency medical transportation access payments under § 20-77-2809 ; (B) To reimburse moneys collected by the division from medical transportation providers through error or mistake or under this subchapter; or (C) To pay an annual fee to the division in the amount of three and three-fourths percent (3.75%) of the assessments collected from medical transportation providers under § 20-77-2803 each state fiscal year. (2) (A) The Medical Transportation Assessment Account shall retain account balances remaining each fiscal year. (B) At the end of each fiscal year, any positive balance remaining in the Medical Transportation Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of medical transportation provider assessment funds that must be generated during the subsequent fiscal year. (3) A medical transportation provider shall not be guaranteed that its emergency medical transportation access payments will equal or exceed the amount of its medical transportation provider assessment. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) (1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the "Medical Transportation Assessment Account". (2) The medical transportation provider assessments imposed under § 20-77-2803 shall be deposited into the Medical Transportation Assessment Account.

(1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the "Medical Transportation Assessment Account".

(2) The medical transportation provider assessments imposed under § 20-77-2803 shall be deposited into the Medical Transportation Assessment Account.

(b) Moneys in the Medical Transportation Assessment Account shall consist of: (1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from medical transportation provider assessments imposed under § 20-77-2803 ; (2) Any interest or penalties levied in conjunction with the administration of this subchapter; and (3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.

(1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from medical transportation provider assessments imposed under § 20-77-2803 ;

(2) Any interest or penalties levied in conjunction with the administration of this subchapter; and

(3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.

(c) The Medical Transportation Assessment Account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.

(d) Moneys in the Medical Transportation Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.

(e) The Medical Transportation Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.

(f) (1) Except as necessary to reimburse any funds borrowed to supplement funds in the Medical Transportation Assessment Account, the moneys in the Medical Transportation Assessment Account shall be used only as follows: (A) To make emergency medical transportation access payments under § 20-77-2809 ; (B) To reimburse moneys collected by the division from medical transportation providers through error or mistake or under this subchapter; or (C) To pay an annual fee to the division in the amount of three and three-fourths percent (3.75%) of the assessments collected from medical transportation providers under § 20-77-2803 each state fiscal year. (2) (A) The Medical Transportation Assessment Account shall retain account balances remaining each fiscal year. (B) At the end of each fiscal year, any positive balance remaining in the Medical Transportation Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of medical transportation provider assessment funds that must be generated during the subsequent fiscal year. (3) A medical transportation provider shall not be guaranteed that its emergency medical transportation access payments will equal or exceed the amount of its medical transportation provider assessment.

(1) Except as necessary to reimburse any funds borrowed to supplement funds in the Medical Transportation Assessment Account, the moneys in the Medical Transportation Assessment Account shall be used only as follows: (A) To make emergency medical transportation access payments under § 20-77-2809 ; (B) To reimburse moneys collected by the division from medical transportation providers through error or mistake or under this subchapter; or (C) To pay an annual fee to the division in the amount of three and three-fourths percent (3.75%) of the assessments collected from medical transportation providers under § 20-77-2803 each state fiscal year.

(A) To make emergency medical transportation access payments under § 20-77-2809 ;

(B) To reimburse moneys collected by the division from medical transportation providers through error or mistake or under this subchapter; or

(C) To pay an annual fee to the division in the amount of three and three-fourths percent (3.75%) of the assessments collected from medical transportation providers under § 20-77-2803 each state fiscal year.

(2) (A) The Medical Transportation Assessment Account shall retain account balances remaining each fiscal year. (B) At the end of each fiscal year, any positive balance remaining in the Medical Transportation Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of medical transportation provider assessment funds that must be generated during the subsequent fiscal year.

(A) The Medical Transportation Assessment Account shall retain account balances remaining each fiscal year.

(B) At the end of each fiscal year, any positive balance remaining in the Medical Transportation Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of medical transportation provider assessment funds that must be generated during the subsequent fiscal year.

(3) A medical transportation provider shall not be guaranteed that its emergency medical transportation access payments will equal or exceed the amount of its medical transportation provider assessment.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-78-206 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-206
Division of Child Care and Early Childhood Education - Rules
Status: in_force

(a) (1) (A) The Division of Child Care and Early Childhood Education shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of a childcare facility. (B) In developing proposed rules, the division shall consult with the Secretary of the Department of Health or his or her designated representative in regard to rules relating to health. (2) (A) (i) However, no childcare facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission. (ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Secretary of the Department of Education or his or her designated representative in regard to rules relating to education. (B) (i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian. (ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions. (iii) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to: (a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection; (b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination; (c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and (d) A signed statement of understanding that: (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school. (iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant. (v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability. (3) The Secretary of the Department of Health and the Secretary of the Department of Education and their designated representatives are directed to cooperate with and assist the division in developing rules in the respective areas of health and education. (4) In developing these rules, the division shall consult with such other agencies, organizations, or individuals as it shall deem appropriate. (5) Rules promulgated by the division pursuant to this section may be amended by the division from time to time, provided that any amendment to the rules shall be published and furnished to all licensed childcare facilities and to all applicants for a license at least sixty (60) days before the effective date of the amendment. (b) In establishing requirements and standards for the granting, revocation, refusal, and suspension of a license for a childcare facility, the division shall adopt such rules as will: (1) Promote the health, safety, and welfare of children attending a childcare facility; (2) Promote safe, comfortable, and healthy physical facilities for the children who attend the childcare facility; (3) Ensure adequate supervision of the children by capable, qualified, and healthy individuals; (4) Ensure appropriate educational programs and activities; and (5) Ensure adequate and healthy food service where food service is offered by the childcare facility. (c) (1) Questions between providers and the division concerning substantial compliance with the published standards, founded licensing complaints, denials of alternative compliance requests, and adverse actions shall first be appealed through the division's internal appeal process and then may be appealed through the Child Care Appeal Review Panel for determination. (2) The division shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in exercising any power authorized by § 20-78-213 . (d) If, upon the filing of a petition for a judicial review, the reviewing court enters a stay prohibiting enforcement of a decision of the division, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay. If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated. (e) All rules promulgated pursuant to this section shall be reviewed by the Senate Interim Committee on Children and Youth or an appropriate subcommittee thereof and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs. (f) (1) Any person with reasonable cause to suspect that a childcare facility has violated any provision of this subchapter or any rule of the division may immediately notify the Department of Human Services. (2) The Department of Human Services shall not release data that would identify the person who made the report or who cooperated in a subsequent investigation of a childcare facility unless a court of competent jurisdiction orders the release of information for good cause shown. (3) Following the inspection and investigation of a childcare facility as provided under this subsection, the Department of Human Services shall, upon request, provide information to the person or agency reporting the suspected violation as to whether an investigation has been conducted. (4) Willfully making false notification pursuant to this subsection shall be a Class C misdemeanor. Amended by Act 2019, No. 315,§ 2280, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2279, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2278, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2277, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2276, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2275, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5104, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5103, eff. 7/1/2019. Amended by Act 2017, No. 576,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 576,§ 2, eff. 8/1/2017. Acts 1969, No. 434, § 4; 1977, No. 349, § 2; A.S.A. 1947, §§ 83-904, 83-911.1; Acts 1991, No. 888, §§ 2, 4; 1995, No. 1280, § 15; 1997, No. 312, § 17; 1997, No. 870, § 1; 1997, No. 1132, § 5; 1999, No. 1222, § 10; 2003, No. 999, § 3.

(a) (1) (A) The Division of Child Care and Early Childhood Education shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of a childcare facility. (B) In developing proposed rules, the division shall consult with the Secretary of the Department of Health or his or her designated representative in regard to rules relating to health. (2) (A) (i) However, no childcare facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission. (ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Secretary of the Department of Education or his or her designated representative in regard to rules relating to education. (B) (i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian. (ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions. (iii) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to: (a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection; (b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination; (c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and (d) A signed statement of understanding that: (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school. (iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant. (v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability. (3) The Secretary of the Department of Health and the Secretary of the Department of Education and their designated representatives are directed to cooperate with and assist the division in developing rules in the respective areas of health and education. (4) In developing these rules, the division shall consult with such other agencies, organizations, or individuals as it shall deem appropriate. (5) Rules promulgated by the division pursuant to this section may be amended by the division from time to time, provided that any amendment to the rules shall be published and furnished to all licensed childcare facilities and to all applicants for a license at least sixty (60) days before the effective date of the amendment.

(1) (A) The Division of Child Care and Early Childhood Education shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of a childcare facility. (B) In developing proposed rules, the division shall consult with the Secretary of the Department of Health or his or her designated representative in regard to rules relating to health.

(A) The Division of Child Care and Early Childhood Education shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, and suspension of licenses for a childcare facility and the operation of a childcare facility.

(B) In developing proposed rules, the division shall consult with the Secretary of the Department of Health or his or her designated representative in regard to rules relating to health.

(2) (A) (i) However, no childcare facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission. (ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Secretary of the Department of Education or his or her designated representative in regard to rules relating to education. (B) (i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian. (ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions. (iii) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to: (a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection; (b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination; (c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and (d) A signed statement of understanding that: (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school. (iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant. (v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.

(A) (i) However, no childcare facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission. (ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Secretary of the Department of Education or his or her designated representative in regard to rules relating to education.

(i) However, no childcare facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission.

(ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Secretary of the Department of Education or his or her designated representative in regard to rules relating to education.

(B) (i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian. (ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions. (iii) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to: (a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection; (b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination; (c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and (d) A signed statement of understanding that: (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school. (iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant. (v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.

(i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian.

(ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions.

(iii) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to: (a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection; (b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination; (c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and (d) A signed statement of understanding that: (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.

(a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection;

(b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination;

(c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and

(d) A signed statement of understanding that: (1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.

(1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and

(2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.

(iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant.

(v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.

(3) The Secretary of the Department of Health and the Secretary of the Department of Education and their designated representatives are directed to cooperate with and assist the division in developing rules in the respective areas of health and education.

(4) In developing these rules, the division shall consult with such other agencies, organizations, or individuals as it shall deem appropriate.

(5) Rules promulgated by the division pursuant to this section may be amended by the division from time to time, provided that any amendment to the rules shall be published and furnished to all licensed childcare facilities and to all applicants for a license at least sixty (60) days before the effective date of the amendment.

(b) In establishing requirements and standards for the granting, revocation, refusal, and suspension of a license for a childcare facility, the division shall adopt such rules as will: (1) Promote the health, safety, and welfare of children attending a childcare facility; (2) Promote safe, comfortable, and healthy physical facilities for the children who attend the childcare facility; (3) Ensure adequate supervision of the children by capable, qualified, and healthy individuals; (4) Ensure appropriate educational programs and activities; and (5) Ensure adequate and healthy food service where food service is offered by the childcare facility.

(1) Promote the health, safety, and welfare of children attending a childcare facility;

(2) Promote safe, comfortable, and healthy physical facilities for the children who attend the childcare facility;

(3) Ensure adequate supervision of the children by capable, qualified, and healthy individuals;

(4) Ensure appropriate educational programs and activities; and

(5) Ensure adequate and healthy food service where food service is offered by the childcare facility.

(c) (1) Questions between providers and the division concerning substantial compliance with the published standards, founded licensing complaints, denials of alternative compliance requests, and adverse actions shall first be appealed through the division's internal appeal process and then may be appealed through the Child Care Appeal Review Panel for determination. (2) The division shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in exercising any power authorized by § 20-78-213 .

(1) Questions between providers and the division concerning substantial compliance with the published standards, founded licensing complaints, denials of alternative compliance requests, and adverse actions shall first be appealed through the division's internal appeal process and then may be appealed through the Child Care Appeal Review Panel for determination.

(2) The division shall follow the procedures prescribed for adjudication in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in exercising any power authorized by § 20-78-213 .

(d) If, upon the filing of a petition for a judicial review, the reviewing court enters a stay prohibiting enforcement of a decision of the division, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay. If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated.

(e) All rules promulgated pursuant to this section shall be reviewed by the Senate Interim Committee on Children and Youth or an appropriate subcommittee thereof and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs.

(f) (1) Any person with reasonable cause to suspect that a childcare facility has violated any provision of this subchapter or any rule of the division may immediately notify the Department of Human Services. (2) The Department of Human Services shall not release data that would identify the person who made the report or who cooperated in a subsequent investigation of a childcare facility unless a court of competent jurisdiction orders the release of information for good cause shown. (3) Following the inspection and investigation of a childcare facility as provided under this subsection, the Department of Human Services shall, upon request, provide information to the person or agency reporting the suspected violation as to whether an investigation has been conducted. (4) Willfully making false notification pursuant to this subsection shall be a Class C misdemeanor.

(1) Any person with reasonable cause to suspect that a childcare facility has violated any provision of this subchapter or any rule of the division may immediately notify the Department of Human Services.

(2) The Department of Human Services shall not release data that would identify the person who made the report or who cooperated in a subsequent investigation of a childcare facility unless a court of competent jurisdiction orders the release of information for good cause shown.

(3) Following the inspection and investigation of a childcare facility as provided under this subsection, the Department of Human Services shall, upon request, provide information to the person or agency reporting the suspected violation as to whether an investigation has been conducted.

(4) Willfully making false notification pursuant to this subsection shall be a Class C misdemeanor.

Amended by Act 2019, No. 315,§ 2280, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2279, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2278, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2277, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2276, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2275, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5104, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5103, eff. 7/1/2019.

Amended by Act 2017, No. 576,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 576,§ 2, eff. 8/1/2017.

Acts 1969, No. 434, § 4; 1977, No. 349, § 2; A.S.A. 1947, §§ 83-904, 83-911.1; Acts 1991, No. 888, §§ 2, 4; 1995, No. 1280, § 15; 1997, No. 312, § 17; 1997, No. 870, § 1; 1997, No. 1132, § 5; 1999, No. 1222, § 10; 2003, No. 999, § 3.
Ark. Code Ann. § 20-77-801 — AR Code / Title 20 / Chapter 77 / Subchapter 8 / Section 20-77-801
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Home intravenous drug therapy services" means the items and services described in subdivision (1)(B) of this section furnished to an individual who is under the care of a physician in a place of residence used as the individual's home, by a qualified home intravenous drug therapy provider, and under a plan established and periodically reviewed by a physician. (B) "Home intravenous drug therapy services" includes pharmacy and related services, including medical supplies, intravenous fluids, and equipment used in administering intravenous fluids as are necessary to conduct safely and effectively an intravenous-administered drug regimen; (2) "Qualified pharmacy home intravenous drug therapy provider" means any entity that the Arkansas State Board of Pharmacy determines meets the following requirements: (A) Is capable of providing home intravenous drug therapy services; (B) Makes services available, as needed, seven (7) days a week on a twenty-four-hour basis; (C) Adheres to the appropriate written protocols and policies with respect to the provision of items and services; (D) Maintains clinical records on all patients; (E) Coordinates all services with the patient's physician; (F) Maintains patient records as to frequency of nursing visits, certificate of medical necessity from the attending physician, progress reports on the patient, and a patient care plan; (G) Conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care; (H) Provides sterile compounding of intravenous drugs in an atmosphere which contains less than one thousand (1,000) particles 0.5 microns or larger in diameter per cubic foot of air and positive air flow. Clean air hoods must be certified at least annually; (I) Performs stringent quality control procedures, including complete sterile compounding records of drug lot number, expiration date, quantity used, and a copy of the label attached to the final compounded product; (J) Is licensed by the board; and (K) Meets other requirements as the board may determine are necessary to assure the safe and effective provision of home intravenous drug therapy services and the efficient administration of home intravenous drug therapy; and (3) "Referring physician" means, with respect to providing home intravenous drug therapy services to an individual, a physician who: (A) Prescribed the home intravenous drug for which the services are to be provided; and (B) Established the plan of care for the services. Acts 1993, No. 918, § 1; 2003, No. 1473, § 45.

As used in this subchapter:

(1) (A) "Home intravenous drug therapy services" means the items and services described in subdivision (1)(B) of this section furnished to an individual who is under the care of a physician in a place of residence used as the individual's home, by a qualified home intravenous drug therapy provider, and under a plan established and periodically reviewed by a physician. (B) "Home intravenous drug therapy services" includes pharmacy and related services, including medical supplies, intravenous fluids, and equipment used in administering intravenous fluids as are necessary to conduct safely and effectively an intravenous-administered drug regimen;

(A) "Home intravenous drug therapy services" means the items and services described in subdivision (1)(B) of this section furnished to an individual who is under the care of a physician in a place of residence used as the individual's home, by a qualified home intravenous drug therapy provider, and under a plan established and periodically reviewed by a physician.

(B) "Home intravenous drug therapy services" includes pharmacy and related services, including medical supplies, intravenous fluids, and equipment used in administering intravenous fluids as are necessary to conduct safely and effectively an intravenous-administered drug regimen;

(2) "Qualified pharmacy home intravenous drug therapy provider" means any entity that the Arkansas State Board of Pharmacy determines meets the following requirements: (A) Is capable of providing home intravenous drug therapy services; (B) Makes services available, as needed, seven (7) days a week on a twenty-four-hour basis; (C) Adheres to the appropriate written protocols and policies with respect to the provision of items and services; (D) Maintains clinical records on all patients; (E) Coordinates all services with the patient's physician; (F) Maintains patient records as to frequency of nursing visits, certificate of medical necessity from the attending physician, progress reports on the patient, and a patient care plan; (G) Conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care; (H) Provides sterile compounding of intravenous drugs in an atmosphere which contains less than one thousand (1,000) particles 0.5 microns or larger in diameter per cubic foot of air and positive air flow. Clean air hoods must be certified at least annually; (I) Performs stringent quality control procedures, including complete sterile compounding records of drug lot number, expiration date, quantity used, and a copy of the label attached to the final compounded product; (J) Is licensed by the board; and (K) Meets other requirements as the board may determine are necessary to assure the safe and effective provision of home intravenous drug therapy services and the efficient administration of home intravenous drug therapy; and

(A) Is capable of providing home intravenous drug therapy services;

(B) Makes services available, as needed, seven (7) days a week on a twenty-four-hour basis;

(C) Adheres to the appropriate written protocols and policies with respect to the provision of items and services;

(D) Maintains clinical records on all patients;

(E) Coordinates all services with the patient's physician;

(F) Maintains patient records as to frequency of nursing visits, certificate of medical necessity from the attending physician, progress reports on the patient, and a patient care plan;

(G) Conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care;

(H) Provides sterile compounding of intravenous drugs in an atmosphere which contains less than one thousand (1,000) particles 0.5 microns or larger in diameter per cubic foot of air and positive air flow. Clean air hoods must be certified at least annually;

(I) Performs stringent quality control procedures, including complete sterile compounding records of drug lot number, expiration date, quantity used, and a copy of the label attached to the final compounded product;

(J) Is licensed by the board; and

(K) Meets other requirements as the board may determine are necessary to assure the safe and effective provision of home intravenous drug therapy services and the efficient administration of home intravenous drug therapy; and

(3) "Referring physician" means, with respect to providing home intravenous drug therapy services to an individual, a physician who: (A) Prescribed the home intravenous drug for which the services are to be provided; and (B) Established the plan of care for the services.

(A) Prescribed the home intravenous drug for which the services are to be provided; and

(B) Established the plan of care for the services.

Acts 1993, No. 918, § 1; 2003, No. 1473, § 45.
Ark. Code Ann. § 20-59-302 — AR Code / Title 20 / Chapter 59 / Subchapter 3 / Section 20-59-302
Penalties
Status: in_force

(a) Any person, firm, or corporation that violates any of the provisions of this subchapter or any of the rules issued in connection therewith or any officer, agent, or employee thereof who directs or knowingly permits such a violation or who aids or assists such a violation shall be guilty of a violation and upon conviction shall be subject to a fine of not more than two hundred fifty dollars ($250) and not less than fifty dollars ($50.00). (b) Each violation shall constitute a separate offense. Amended by Act 2019, No. 315,§ 2198, eff. 7/24/2019. Acts 1953, No. 416, § 13; A.S.A. 1947, § 82-918.12; Acts 2005, No. 1994, § 134.

(a) Any person, firm, or corporation that violates any of the provisions of this subchapter or any of the rules issued in connection therewith or any officer, agent, or employee thereof who directs or knowingly permits such a violation or who aids or assists such a violation shall be guilty of a violation and upon conviction shall be subject to a fine of not more than two hundred fifty dollars ($250) and not less than fifty dollars ($50.00).

(b) Each violation shall constitute a separate offense.

Amended by Act 2019, No. 315,§ 2198, eff. 7/24/2019.

Acts 1953, No. 416, § 13; A.S.A. 1947, § 82-918.12; Acts 2005, No. 1994, § 134.
Ark. Code Ann. § 20-76-433 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-433
Records - Confidentiality
Status: in_force

(a) (1) (A) Records identifying persons participating in programs administered by the Department of Human Services may be disclosed only as expressly authorized by law or regulation creating or implementing the programs. (B) The rulemaking power of the Department of Human Services shall include the power to establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and departmental communications. (2) (A) (i) The various executive departments and agencies of the state shall exchange information as necessary for each department and agency to accomplish objectives and fulfill obligations created or imposed by federal or state law. (ii) The various executive departments and agencies of the state shall execute operating agreements to facilitate the exchanges of information authorized by this chapter. (B) Information received pursuant to this chapter shall be maintained by persons with a business need to access the information and shall be further disclosed only in accordance with any confidentiality provisions applicable to the department or agency originating the information. (b) Except for purposes directly connected with the administration of public assistance and in accordance with the rules of the Department of Human Services, it shall be unlawful for any person or persons to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of any list of or names of or any information concerning persons applying for or receiving assistance directly or indirectly derived from the records, papers, files, or communications of the Department of Human Services or acquired in the course of the performance of official duties. (c) Any person violating the provisions of this section or any rules promulgated under the power hereof shall upon conviction be deemed guilty of a misdemeanor and shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or confined in the county jail for not less than ten (10) days nor more than sixty (60) days or shall be subjected to both a fine and jail sentence. Amended by Act 2019, No. 315,§ 2254, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2253, eff. 7/24/2019. Acts 1939, No. 280, § 32; 1941, No. 274, § 6; A.S.A. 1947, § 83-138; Acts 1997, No. 1058, § 22.

(a) (1) (A) Records identifying persons participating in programs administered by the Department of Human Services may be disclosed only as expressly authorized by law or regulation creating or implementing the programs. (B) The rulemaking power of the Department of Human Services shall include the power to establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and departmental communications. (2) (A) (i) The various executive departments and agencies of the state shall exchange information as necessary for each department and agency to accomplish objectives and fulfill obligations created or imposed by federal or state law. (ii) The various executive departments and agencies of the state shall execute operating agreements to facilitate the exchanges of information authorized by this chapter. (B) Information received pursuant to this chapter shall be maintained by persons with a business need to access the information and shall be further disclosed only in accordance with any confidentiality provisions applicable to the department or agency originating the information.

(1) (A) Records identifying persons participating in programs administered by the Department of Human Services may be disclosed only as expressly authorized by law or regulation creating or implementing the programs. (B) The rulemaking power of the Department of Human Services shall include the power to establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and departmental communications.

(A) Records identifying persons participating in programs administered by the Department of Human Services may be disclosed only as expressly authorized by law or regulation creating or implementing the programs.

(B) The rulemaking power of the Department of Human Services shall include the power to establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and departmental communications.

(2) (A) (i) The various executive departments and agencies of the state shall exchange information as necessary for each department and agency to accomplish objectives and fulfill obligations created or imposed by federal or state law. (ii) The various executive departments and agencies of the state shall execute operating agreements to facilitate the exchanges of information authorized by this chapter. (B) Information received pursuant to this chapter shall be maintained by persons with a business need to access the information and shall be further disclosed only in accordance with any confidentiality provisions applicable to the department or agency originating the information.

(A) (i) The various executive departments and agencies of the state shall exchange information as necessary for each department and agency to accomplish objectives and fulfill obligations created or imposed by federal or state law. (ii) The various executive departments and agencies of the state shall execute operating agreements to facilitate the exchanges of information authorized by this chapter.

(i) The various executive departments and agencies of the state shall exchange information as necessary for each department and agency to accomplish objectives and fulfill obligations created or imposed by federal or state law.

(ii) The various executive departments and agencies of the state shall execute operating agreements to facilitate the exchanges of information authorized by this chapter.

(B) Information received pursuant to this chapter shall be maintained by persons with a business need to access the information and shall be further disclosed only in accordance with any confidentiality provisions applicable to the department or agency originating the information.

(b) Except for purposes directly connected with the administration of public assistance and in accordance with the rules of the Department of Human Services, it shall be unlawful for any person or persons to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of any list of or names of or any information concerning persons applying for or receiving assistance directly or indirectly derived from the records, papers, files, or communications of the Department of Human Services or acquired in the course of the performance of official duties.

(c) Any person violating the provisions of this section or any rules promulgated under the power hereof shall upon conviction be deemed guilty of a misdemeanor and shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or confined in the county jail for not less than ten (10) days nor more than sixty (60) days or shall be subjected to both a fine and jail sentence.

Amended by Act 2019, No. 315,§ 2254, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2253, eff. 7/24/2019.

Acts 1939, No. 280, § 32; 1941, No. 274, § 6; A.S.A. 1947, § 83-138; Acts 1997, No. 1058, § 22.
Ark. Code Ann. § 20-16-304 — AR Code / Title 20 / Chapter 16 / Subchapter 3 / Section 20-16-304
Public policy - Availability of procedures, supplies, and information - Exceptions
Status: in_force

It shall be the policy and authority of this state that: (1) All medically acceptable contraceptive procedures, supplies, and information shall be available through legally recognized channels to each person desirous of the procedures, supplies, and information regardless of sex, race, age, income, number of children, marital status, citizenship, or motive; (2) Medical procedures for permanent sterilization, when performed by a physician on a requesting and consenting person eighteen (18) years of age or older, or less than eighteen (18) years of age if legally married, be consistent with public policy; (3) Dissemination of medically acceptable contraceptive information in this state and in state and county health and welfare departments, in medical facilities, at institutions of higher education, and at other agencies and instrumentalities of this state be consistent with public policy; (4) Nothing in this subchapter shall prohibit a physician, pharmacist, or any other authorized paramedical personnel from refusing to furnish any contraceptive procedures, supplies, or information; and (5) No private institution or physician, nor any agent or employee of the institution or physician, nor any employee of a public institution acting under directions of a physician, shall be prohibited from refusing to provide contraceptive procedures, supplies, and information when the refusal is based upon religious or conscientious objection. No such institution, employee, agent, or physician shall be held liable for the refusal. Acts 1973, No. 235, § 4; A.S.A. 1947, § 82-3104.

It shall be the policy and authority of this state that:

(1) All medically acceptable contraceptive procedures, supplies, and information shall be available through legally recognized channels to each person desirous of the procedures, supplies, and information regardless of sex, race, age, income, number of children, marital status, citizenship, or motive;

(2) Medical procedures for permanent sterilization, when performed by a physician on a requesting and consenting person eighteen (18) years of age or older, or less than eighteen (18) years of age if legally married, be consistent with public policy;

(3) Dissemination of medically acceptable contraceptive information in this state and in state and county health and welfare departments, in medical facilities, at institutions of higher education, and at other agencies and instrumentalities of this state be consistent with public policy;

(4) Nothing in this subchapter shall prohibit a physician, pharmacist, or any other authorized paramedical personnel from refusing to furnish any contraceptive procedures, supplies, or information; and

(5) No private institution or physician, nor any agent or employee of the institution or physician, nor any employee of a public institution acting under directions of a physician, shall be prohibited from refusing to provide contraceptive procedures, supplies, and information when the refusal is based upon religious or conscientious objection. No such institution, employee, agent, or physician shall be held liable for the refusal.

Acts 1973, No. 235, § 4; A.S.A. 1947, § 82-3104.
Ark. Code Ann. § 20-12-404 — AR Code / Title 20 / Chapter 12 / Subchapter 4 / Section 20-12-404
Matching
Status: in_force

(a) (1) Funds requested by authority of this subchapter shall be matched on a cash basis of fifty to fifty (50:50) by the applicant. (2) Applicants who have completed a community health needs assessment shall be eligible to match funds requested by authority of this subchapter on a cash basis of twenty-five to seventy-five (25:75) by the applicant. (b) The state portion shall at no time exceed two hundred thousand dollars ($200,000) per county, local, commercial, or nonprofit operation. (c) This match requirement does not apply to funds used by the Department of Health to administer the Rural Health Services Revolving Fund. Acts 1989 (1st Ex. Sess.), No. 73, § 6; 1999, No. 590, § 1.

(a) (1) Funds requested by authority of this subchapter shall be matched on a cash basis of fifty to fifty (50:50) by the applicant. (2) Applicants who have completed a community health needs assessment shall be eligible to match funds requested by authority of this subchapter on a cash basis of twenty-five to seventy-five (25:75) by the applicant.

(1) Funds requested by authority of this subchapter shall be matched on a cash basis of fifty to fifty (50:50) by the applicant.

(2) Applicants who have completed a community health needs assessment shall be eligible to match funds requested by authority of this subchapter on a cash basis of twenty-five to seventy-five (25:75) by the applicant.

(b) The state portion shall at no time exceed two hundred thousand dollars ($200,000) per county, local, commercial, or nonprofit operation.

(c) This match requirement does not apply to funds used by the Department of Health to administer the Rural Health Services Revolving Fund.

Acts 1989 (1st Ex. Sess.), No. 73, § 6; 1999, No. 590, § 1.
Ark. Code Ann. § 20-15-2405 — AR Code / Title 20 / Chapter 15 / Subchapter 24 / Section 20-15-2405
Disclosure
Status: in_force

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes and providing case information on maternal deaths for review by the Maternal and Perinatal Outcomes Quality Review Committee is not a violation of the Health Insurance Portability and Accountability Act of 1996. Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes and providing case information on maternal deaths for review by the Maternal and Perinatal Outcomes Quality Review Committee is not a violation of the Health Insurance Portability and Accountability Act of 1996.

Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-76-502 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-502
[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. § 20-77-2506 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2506
Medicaid Inspector General - Duties
Status: in_force

The Medicaid Inspector General shall, in consultation with the Secretary of the Department of Inspector General: (1) Hire deputies, directors, assistants, and other officers and employees needed for the performance of his or her duties and prescribe the duties of deputies, directors, assistants, and other officers and fix the compensation of deputies, directors, assistants, and other officers within the amounts appropriated; (2) (A) Conduct and supervise activities to prevent, detect, and investigate medical assistance program fraud and abuse. (B) (i) The Office of Medicaid Inspector General shall review provider records only for the three (3) years before an investigation begins. (ii) However, if a credible allegation of fraud has been made or if the Office of Medicaid Inspector General has reason to believe that fraud has occurred, the Office of Medicaid Inspector General may review provider records for the five (5) years before the investigation began; (3) Work in a coordinated and cooperative manner with: (A) Federal, state, and local law enforcement agencies; (B) The Medicaid Fraud Control Unit of the office of the Attorney General; (C) United States Attorneys; (D) The United States Department of Health and Human Services' Office of Inspector General; (E) The Federal Bureau of Investigation; (F) The United States Drug Enforcement Administration; (G) Prosecuting attorneys; (H) The Centers for Medicare & Medicaid Services; and (I) An investigative unit maintained by a health insurer; (4) Solicit, receive, and investigate complaints related to fraud and abuse within the medical assistance program; (5) (A) Inform the Governor, the secretary, the Attorney General, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives regarding efforts to prevent, detect, investigate, and prosecute fraud and abuse within the medical assistance program. (B) All cases in which fraud is determined to have occurred shall be referred to the appropriate law enforcement agency for prosecution; (6) (A) Pursue civil and administrative enforcement actions against an individual or entity that engages in fraud, abuse, or illegal or improper acts within the medical assistance program, including without limitation: (i) Referral of information and evidence to regulatory agencies and licensure boards; (ii) Withholding payment of medical assistance funds in accordance with state laws and rules and federal laws and regulations; (iii) Imposition of administrative sanctions and penalties in accordance with state laws and rules and federal laws and regulations; (iv) Exclusion of providers, vendors, and contractors from participation in the medical assistance program; (v) Initiating and maintaining actions for civil recovery and, where authorized by law, seizure of property or other assets connected with improper payments; (vi) Entering into civil settlements; and (vii) Recovery of improperly expended medical assistance program funds from those who engage in fraud or abuse or illegal or improper acts perpetrated within the medical assistance program. (B) In investigating civil and administrative enforcement actions under subdivision (a)(6)(A) of this section, the Medicaid Inspector General shall consider the quality and availability of medical care and services and the best interest of both the medical assistance program and recipients; (7) Make available to appropriate law enforcement officials information and evidence relating to suspected criminal acts that have been obtained in the course of the Medicaid Inspector General's duties; (8) (A) Refer suspected fraud or criminal activity to the Medicaid Fraud Control Unit. (B) After a referral and with ten (10) days' written notice to the Medicaid Fraud Control Unit, the Medicaid Inspector General may provide relevant information about suspected fraud or criminal activity to another federal or state law enforcement agency that the Medicaid Inspector General deems appropriate under the circumstances; (9) Subpoena and enforce the attendance of witnesses, administer oaths or affirmations, examine witnesses under oath, and take testimony in connection with an investigation or audit under this subchapter and under rules governing these investigations; (10) Require and compel the production of books, papers, records, and documents as he or she deems relevant or material to an investigation, examination, or review undertaken under this section; (11) (A) Examine and copy or remove documents or records related to the medical assistance program or necessary for the Medicaid Inspector General to perform his or her duties if the documents are prepared, maintained, or held by or available to a state agency or local governmental entity the patients or clients of which are served by the medical assistance program, or the entity is otherwise responsible for the control of fraud and abuse within the medical assistance program. (B) A document or record examined and copied or removed by the Medicaid Inspector General under subdivision (11)(A) of this section is confidential. (C) The removal of a record under subdivision (11)(A) of this section is limited to circumstances in which a copy of the record is insufficient for an appropriate legal or investigative purpose. (D) For a removal under subdivision (11)(A) of this section, the Medicaid Inspector General shall copy the record and ensure the expedited return of the original, or of a copy if the original is required for an appropriate legal or investigative purpose, so that the information is expedited and the original or copy is readily accessible for the care and treatment needs of the patient; (12) (A) Recommend and implement policies relating to the prevention and detection of fraud and abuse. (B) The Medicaid Inspector General shall obtain the consent of the Attorney General before the implementation of a policy under subdivision (12)(A) of this section that may affect the operations of the office of the Attorney General; (13) (A) Monitor the implementation of a recommendation made by the Office of Medicaid Inspector General to an agency or other entity with responsibility for administration of the medical assistance program and produce a report detailing the results of its monitoring activity as necessary. (B) The report shall be submitted to the: (i) Secretary; (ii) President Pro Tempore of the Senate; (iii) Speaker of the House of Representatives; (iv) Legislative Council; (v) Arkansas Legislative Audit; and (vi) Attorney General; (14) Prepare cases, provide testimony, and support administrative hearings and other legal proceedings; (15) Review and audit contracts, cost reports, claims, bills, and other expenditures of medical assistance program funds to determine compliance with applicable state laws and rules and federal laws and regulations and take actions authorized by state laws and rules and federal laws and regulations; (16) (A) Work with the fiscal agent employed to operate the Medicaid Management Information System of the Department of Human Services to optimize the system, including without limitation the ability to add edits and audits in consultation with the Department of Human Services. (B) The Medicaid Inspector General shall be consulted before an edit or audit is added or discontinued by the Department of Human Services; (17) Work in a coordinated and cooperative manner with relevant agencies in the implementation of information technology relating to the prevention and identification of fraud and abuse in the medical assistance program; (18) (A) Conduct educational programs for medical assistance program providers, vendors, contractors, and recipients designed to limit fraud and abuse within the medical assistance program. (B) The Office of Medicaid Inspector General shall regularly communicate with and educate providers about the Office of Medicaid Inspector General's fraud and abuse prevention program and its audit policies and procedures. (C) The Office of Medicaid Inspector General shall educate providers annually concerning its areas of focus within the medical assistance program, appropriate billing and documentation, and methods for improving compliance with program rules, policies, and procedures; (19) (A) Develop protocols to facilitate the efficient self-disclosure consistent with the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the collection of overpayments and monitor collections, including those that are self-disclosed by providers. (B) A provider's good faith self-disclosure of overpayments may be considered as a mitigating factor in the determination of an administrative enforcement action; (20) Receive and investigate complaints of alleged failures of state and local officials to prevent, detect, and prosecute fraud and abuse in the medical assistance program; (21) Implement rules relating to the prevention, detection, investigation, and referral of fraud and abuse within the medical assistance program and to the recovery of improperly expended medical assistance program funds; (22) Conduct, in the context of the investigation of fraud and abuse, on-site inspections of a facility or an office; (23) (A) Take appropriate authorized actions to ensure that the medical assistance program is the payor of last resort; and (B) Recommend to the Department of Human Services that it take appropriate actions authorized under the jurisdiction of the Department of Human Services to ensure that the medical assistance program is the payor of last resort; (24) Annually submit a budget request for the next state fiscal year to the Governor; (25) Identify and order the return of underpayments to providers; (26) Maintain the confidentiality of all information and documents that are deemed confidential by law; (27) Implement, facilitate, and maintain federally required directives and contracts required for Medicaid integrity programs; (28) Implement and maintain a hotline for reporting complaints regarding fraud, waste, and abuse by providers; (29) Audit, investigate, and access Medicaid encounter data, premium data, or other information from an entity contracted with for the purpose of serving Medicaid programs; (30) (A) Promulgate administrative rules to establish policies and procedures for audits and investigations that are consistent with the duties of the Office of Medicaid Inspector General under this chapter. (B) The rules shall be posted on the Office of Medicaid Inspector General's website; (31) Identify conflicts between the Medicaid state plan, Department of Human Services rules, Medicaid provider manuals, Medicaid notices, or other guidance and recommend that the Department of Human Services reconcile inconsistencies; (32) When conducting an audit, investigation, or review under this subchapter, classify violations as either: (A) Errors that do not rise to the level of fraud or abuse; or (B) Fraud or abuse; (33) (A) If a credible allegation of fraud has been made, review provider records that have been the subject of a previous audit or review for the purpose of fraud investigation and referral. (B) However, the Medicaid Inspector General shall not duplicate an audit of a contract, cost report, claim, bill, or expenditure of a medical assistance program fund that has been the subject of a previous audit or review by or on behalf of the Office of Medicaid Inspector General, the Medicaid Fraud Control Unit, or other federal agency with authority over the medical assistance program if the audit or review was performed in accordance with the Government Auditing Standards; (34) (A) Utilize a quality improvement organization as part of the assessment of quality of services. (B) The quality improvement organization shall refer all identified improper payments due to technical deficiencies, abuse, waste, or fraud to the Medicaid Inspector General for further investigation and appropriate action, including without limitation recovery; and (35) Perform other functions necessary or appropriate to fulfill the duties and responsibilities of the Office of Medicaid Inspector General. Amended by Act 2019, No. 910,§ 5262, eff. 7/1/2019. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

The Medicaid Inspector General shall, in consultation with the Secretary of the Department of Inspector General:

(1) Hire deputies, directors, assistants, and other officers and employees needed for the performance of his or her duties and prescribe the duties of deputies, directors, assistants, and other officers and fix the compensation of deputies, directors, assistants, and other officers within the amounts appropriated;

(2) (A) Conduct and supervise activities to prevent, detect, and investigate medical assistance program fraud and abuse. (B) (i) The Office of Medicaid Inspector General shall review provider records only for the three (3) years before an investigation begins. (ii) However, if a credible allegation of fraud has been made or if the Office of Medicaid Inspector General has reason to believe that fraud has occurred, the Office of Medicaid Inspector General may review provider records for the five (5) years before the investigation began;

(A) Conduct and supervise activities to prevent, detect, and investigate medical assistance program fraud and abuse.

(B) (i) The Office of Medicaid Inspector General shall review provider records only for the three (3) years before an investigation begins. (ii) However, if a credible allegation of fraud has been made or if the Office of Medicaid Inspector General has reason to believe that fraud has occurred, the Office of Medicaid Inspector General may review provider records for the five (5) years before the investigation began;

(i) The Office of Medicaid Inspector General shall review provider records only for the three (3) years before an investigation begins.

(ii) However, if a credible allegation of fraud has been made or if the Office of Medicaid Inspector General has reason to believe that fraud has occurred, the Office of Medicaid Inspector General may review provider records for the five (5) years before the investigation began;

(3) Work in a coordinated and cooperative manner with: (A) Federal, state, and local law enforcement agencies; (B) The Medicaid Fraud Control Unit of the office of the Attorney General; (C) United States Attorneys; (D) The United States Department of Health and Human Services' Office of Inspector General; (E) The Federal Bureau of Investigation; (F) The United States Drug Enforcement Administration; (G) Prosecuting attorneys; (H) The Centers for Medicare & Medicaid Services; and (I) An investigative unit maintained by a health insurer;

(A) Federal, state, and local law enforcement agencies;

(B) The Medicaid Fraud Control Unit of the office of the Attorney General;

(C) United States Attorneys;

(D) The United States Department of Health and Human Services' Office of Inspector General;

(E) The Federal Bureau of Investigation;

(F) The United States Drug Enforcement Administration;

(G) Prosecuting attorneys;

(H) The Centers for Medicare & Medicaid Services; and

(I) An investigative unit maintained by a health insurer;

(4) Solicit, receive, and investigate complaints related to fraud and abuse within the medical assistance program;

(5) (A) Inform the Governor, the secretary, the Attorney General, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives regarding efforts to prevent, detect, investigate, and prosecute fraud and abuse within the medical assistance program. (B) All cases in which fraud is determined to have occurred shall be referred to the appropriate law enforcement agency for prosecution;

(A) Inform the Governor, the secretary, the Attorney General, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives regarding efforts to prevent, detect, investigate, and prosecute fraud and abuse within the medical assistance program.

(B) All cases in which fraud is determined to have occurred shall be referred to the appropriate law enforcement agency for prosecution;

(6) (A) Pursue civil and administrative enforcement actions against an individual or entity that engages in fraud, abuse, or illegal or improper acts within the medical assistance program, including without limitation: (i) Referral of information and evidence to regulatory agencies and licensure boards; (ii) Withholding payment of medical assistance funds in accordance with state laws and rules and federal laws and regulations; (iii) Imposition of administrative sanctions and penalties in accordance with state laws and rules and federal laws and regulations; (iv) Exclusion of providers, vendors, and contractors from participation in the medical assistance program; (v) Initiating and maintaining actions for civil recovery and, where authorized by law, seizure of property or other assets connected with improper payments; (vi) Entering into civil settlements; and (vii) Recovery of improperly expended medical assistance program funds from those who engage in fraud or abuse or illegal or improper acts perpetrated within the medical assistance program. (B) In investigating civil and administrative enforcement actions under subdivision (a)(6)(A) of this section, the Medicaid Inspector General shall consider the quality and availability of medical care and services and the best interest of both the medical assistance program and recipients;

(A) Pursue civil and administrative enforcement actions against an individual or entity that engages in fraud, abuse, or illegal or improper acts within the medical assistance program, including without limitation: (i) Referral of information and evidence to regulatory agencies and licensure boards; (ii) Withholding payment of medical assistance funds in accordance with state laws and rules and federal laws and regulations; (iii) Imposition of administrative sanctions and penalties in accordance with state laws and rules and federal laws and regulations; (iv) Exclusion of providers, vendors, and contractors from participation in the medical assistance program; (v) Initiating and maintaining actions for civil recovery and, where authorized by law, seizure of property or other assets connected with improper payments; (vi) Entering into civil settlements; and (vii) Recovery of improperly expended medical assistance program funds from those who engage in fraud or abuse or illegal or improper acts perpetrated within the medical assistance program.

(i) Referral of information and evidence to regulatory agencies and licensure boards;

(ii) Withholding payment of medical assistance funds in accordance with state laws and rules and federal laws and regulations;

(iii) Imposition of administrative sanctions and penalties in accordance with state laws and rules and federal laws and regulations;

(iv) Exclusion of providers, vendors, and contractors from participation in the medical assistance program;

(v) Initiating and maintaining actions for civil recovery and, where authorized by law, seizure of property or other assets connected with improper payments;

(vi) Entering into civil settlements; and

(vii) Recovery of improperly expended medical assistance program funds from those who engage in fraud or abuse or illegal or improper acts perpetrated within the medical assistance program.

(B) In investigating civil and administrative enforcement actions under subdivision (a)(6)(A) of this section, the Medicaid Inspector General shall consider the quality and availability of medical care and services and the best interest of both the medical assistance program and recipients;

(7) Make available to appropriate law enforcement officials information and evidence relating to suspected criminal acts that have been obtained in the course of the Medicaid Inspector General's duties;

(8) (A) Refer suspected fraud or criminal activity to the Medicaid Fraud Control Unit. (B) After a referral and with ten (10) days' written notice to the Medicaid Fraud Control Unit, the Medicaid Inspector General may provide relevant information about suspected fraud or criminal activity to another federal or state law enforcement agency that the Medicaid Inspector General deems appropriate under the circumstances;

(A) Refer suspected fraud or criminal activity to the Medicaid Fraud Control Unit.

(B) After a referral and with ten (10) days' written notice to the Medicaid Fraud Control Unit, the Medicaid Inspector General may provide relevant information about suspected fraud or criminal activity to another federal or state law enforcement agency that the Medicaid Inspector General deems appropriate under the circumstances;

(9) Subpoena and enforce the attendance of witnesses, administer oaths or affirmations, examine witnesses under oath, and take testimony in connection with an investigation or audit under this subchapter and under rules governing these investigations;

(10) Require and compel the production of books, papers, records, and documents as he or she deems relevant or material to an investigation, examination, or review undertaken under this section;

(11) (A) Examine and copy or remove documents or records related to the medical assistance program or necessary for the Medicaid Inspector General to perform his or her duties if the documents are prepared, maintained, or held by or available to a state agency or local governmental entity the patients or clients of which are served by the medical assistance program, or the entity is otherwise responsible for the control of fraud and abuse within the medical assistance program. (B) A document or record examined and copied or removed by the Medicaid Inspector General under subdivision (11)(A) of this section is confidential. (C) The removal of a record under subdivision (11)(A) of this section is limited to circumstances in which a copy of the record is insufficient for an appropriate legal or investigative purpose. (D) For a removal under subdivision (11)(A) of this section, the Medicaid Inspector General shall copy the record and ensure the expedited return of the original, or of a copy if the original is required for an appropriate legal or investigative purpose, so that the information is expedited and the original or copy is readily accessible for the care and treatment needs of the patient;

(A) Examine and copy or remove documents or records related to the medical assistance program or necessary for the Medicaid Inspector General to perform his or her duties if the documents are prepared, maintained, or held by or available to a state agency or local governmental entity the patients or clients of which are served by the medical assistance program, or the entity is otherwise responsible for the control of fraud and abuse within the medical assistance program.

(B) A document or record examined and copied or removed by the Medicaid Inspector General under subdivision (11)(A) of this section is confidential.

(C) The removal of a record under subdivision (11)(A) of this section is limited to circumstances in which a copy of the record is insufficient for an appropriate legal or investigative purpose.

(D) For a removal under subdivision (11)(A) of this section, the Medicaid Inspector General shall copy the record and ensure the expedited return of the original, or of a copy if the original is required for an appropriate legal or investigative purpose, so that the information is expedited and the original or copy is readily accessible for the care and treatment needs of the patient;

(12) (A) Recommend and implement policies relating to the prevention and detection of fraud and abuse. (B) The Medicaid Inspector General shall obtain the consent of the Attorney General before the implementation of a policy under subdivision (12)(A) of this section that may affect the operations of the office of the Attorney General;

(A) Recommend and implement policies relating to the prevention and detection of fraud and abuse.

(B) The Medicaid Inspector General shall obtain the consent of the Attorney General before the implementation of a policy under subdivision (12)(A) of this section that may affect the operations of the office of the Attorney General;

(13) (A) Monitor the implementation of a recommendation made by the Office of Medicaid Inspector General to an agency or other entity with responsibility for administration of the medical assistance program and produce a report detailing the results of its monitoring activity as necessary. (B) The report shall be submitted to the: (i) Secretary; (ii) President Pro Tempore of the Senate; (iii) Speaker of the House of Representatives; (iv) Legislative Council; (v) Arkansas Legislative Audit; and (vi) Attorney General;

(A) Monitor the implementation of a recommendation made by the Office of Medicaid Inspector General to an agency or other entity with responsibility for administration of the medical assistance program and produce a report detailing the results of its monitoring activity as necessary.

(B) The report shall be submitted to the: (i) Secretary; (ii) President Pro Tempore of the Senate; (iii) Speaker of the House of Representatives; (iv) Legislative Council; (v) Arkansas Legislative Audit; and (vi) Attorney General;

(i) Secretary;

(ii) President Pro Tempore of the Senate;

(iii) Speaker of the House of Representatives;

(iv) Legislative Council;

(v) Arkansas Legislative Audit; and

(vi) Attorney General;

(14) Prepare cases, provide testimony, and support administrative hearings and other legal proceedings;

(15) Review and audit contracts, cost reports, claims, bills, and other expenditures of medical assistance program funds to determine compliance with applicable state laws and rules and federal laws and regulations and take actions authorized by state laws and rules and federal laws and regulations;

(16) (A) Work with the fiscal agent employed to operate the Medicaid Management Information System of the Department of Human Services to optimize the system, including without limitation the ability to add edits and audits in consultation with the Department of Human Services. (B) The Medicaid Inspector General shall be consulted before an edit or audit is added or discontinued by the Department of Human Services;

(A) Work with the fiscal agent employed to operate the Medicaid Management Information System of the Department of Human Services to optimize the system, including without limitation the ability to add edits and audits in consultation with the Department of Human Services.

(B) The Medicaid Inspector General shall be consulted before an edit or audit is added or discontinued by the Department of Human Services;

(17) Work in a coordinated and cooperative manner with relevant agencies in the implementation of information technology relating to the prevention and identification of fraud and abuse in the medical assistance program;

(18) (A) Conduct educational programs for medical assistance program providers, vendors, contractors, and recipients designed to limit fraud and abuse within the medical assistance program. (B) The Office of Medicaid Inspector General shall regularly communicate with and educate providers about the Office of Medicaid Inspector General's fraud and abuse prevention program and its audit policies and procedures. (C) The Office of Medicaid Inspector General shall educate providers annually concerning its areas of focus within the medical assistance program, appropriate billing and documentation, and methods for improving compliance with program rules, policies, and procedures;

(A) Conduct educational programs for medical assistance program providers, vendors, contractors, and recipients designed to limit fraud and abuse within the medical assistance program.

(B) The Office of Medicaid Inspector General shall regularly communicate with and educate providers about the Office of Medicaid Inspector General's fraud and abuse prevention program and its audit policies and procedures.

(C) The Office of Medicaid Inspector General shall educate providers annually concerning its areas of focus within the medical assistance program, appropriate billing and documentation, and methods for improving compliance with program rules, policies, and procedures;

(19) (A) Develop protocols to facilitate the efficient self-disclosure consistent with the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the collection of overpayments and monitor collections, including those that are self-disclosed by providers. (B) A provider's good faith self-disclosure of overpayments may be considered as a mitigating factor in the determination of an administrative enforcement action;

(A) Develop protocols to facilitate the efficient self-disclosure consistent with the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the collection of overpayments and monitor collections, including those that are self-disclosed by providers.

(B) A provider's good faith self-disclosure of overpayments may be considered as a mitigating factor in the determination of an administrative enforcement action;

(20) Receive and investigate complaints of alleged failures of state and local officials to prevent, detect, and prosecute fraud and abuse in the medical assistance program;

(21) Implement rules relating to the prevention, detection, investigation, and referral of fraud and abuse within the medical assistance program and to the recovery of improperly expended medical assistance program funds;

(22) Conduct, in the context of the investigation of fraud and abuse, on-site inspections of a facility or an office;

(23) (A) Take appropriate authorized actions to ensure that the medical assistance program is the payor of last resort; and (B) Recommend to the Department of Human Services that it take appropriate actions authorized under the jurisdiction of the Department of Human Services to ensure that the medical assistance program is the payor of last resort;

(A) Take appropriate authorized actions to ensure that the medical assistance program is the payor of last resort; and

(B) Recommend to the Department of Human Services that it take appropriate actions authorized under the jurisdiction of the Department of Human Services to ensure that the medical assistance program is the payor of last resort;

(24) Annually submit a budget request for the next state fiscal year to the Governor;

(25) Identify and order the return of underpayments to providers;

(26) Maintain the confidentiality of all information and documents that are deemed confidential by law;

(27) Implement, facilitate, and maintain federally required directives and contracts required for Medicaid integrity programs;

(28) Implement and maintain a hotline for reporting complaints regarding fraud, waste, and abuse by providers;

(29) Audit, investigate, and access Medicaid encounter data, premium data, or other information from an entity contracted with for the purpose of serving Medicaid programs;

(30) (A) Promulgate administrative rules to establish policies and procedures for audits and investigations that are consistent with the duties of the Office of Medicaid Inspector General under this chapter. (B) The rules shall be posted on the Office of Medicaid Inspector General's website;

(A) Promulgate administrative rules to establish policies and procedures for audits and investigations that are consistent with the duties of the Office of Medicaid Inspector General under this chapter.

(B) The rules shall be posted on the Office of Medicaid Inspector General's website;

(31) Identify conflicts between the Medicaid state plan, Department of Human Services rules, Medicaid provider manuals, Medicaid notices, or other guidance and recommend that the Department of Human Services reconcile inconsistencies;

(32) When conducting an audit, investigation, or review under this subchapter, classify violations as either: (A) Errors that do not rise to the level of fraud or abuse; or (B) Fraud or abuse;

(A) Errors that do not rise to the level of fraud or abuse; or

(B) Fraud or abuse;

(33) (A) If a credible allegation of fraud has been made, review provider records that have been the subject of a previous audit or review for the purpose of fraud investigation and referral. (B) However, the Medicaid Inspector General shall not duplicate an audit of a contract, cost report, claim, bill, or expenditure of a medical assistance program fund that has been the subject of a previous audit or review by or on behalf of the Office of Medicaid Inspector General, the Medicaid Fraud Control Unit, or other federal agency with authority over the medical assistance program if the audit or review was performed in accordance with the Government Auditing Standards;

(A) If a credible allegation of fraud has been made, review provider records that have been the subject of a previous audit or review for the purpose of fraud investigation and referral.

(B) However, the Medicaid Inspector General shall not duplicate an audit of a contract, cost report, claim, bill, or expenditure of a medical assistance program fund that has been the subject of a previous audit or review by or on behalf of the Office of Medicaid Inspector General, the Medicaid Fraud Control Unit, or other federal agency with authority over the medical assistance program if the audit or review was performed in accordance with the Government Auditing Standards;

(34) (A) Utilize a quality improvement organization as part of the assessment of quality of services. (B) The quality improvement organization shall refer all identified improper payments due to technical deficiencies, abuse, waste, or fraud to the Medicaid Inspector General for further investigation and appropriate action, including without limitation recovery; and

(A) Utilize a quality improvement organization as part of the assessment of quality of services.

(B) The quality improvement organization shall refer all identified improper payments due to technical deficiencies, abuse, waste, or fraud to the Medicaid Inspector General for further investigation and appropriate action, including without limitation recovery; and

(35) Perform other functions necessary or appropriate to fulfill the duties and responsibilities of the Office of Medicaid Inspector General.

Amended by Act 2019, No. 910,§ 5262, eff. 7/1/2019.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-64-702 — AR Code / Title 20 / Chapter 64 / Subchapter 7 / Section 20-64-702
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Alcoholic" means any person who chronically and habitually uses alcoholic beverages to the extent that the person has lost the power of self-control with respect to the use of such beverages, or who while chronically and habitually under the influence of alcoholic beverages endangers public morals, health, safety, or welfare; (2) "Alcoholic beverages" includes alcoholic spirits, liquors, wines, beer, and every liquid or fluid containing alcohol which is capable of being consumed by human beings and produces intoxication in any form or in any degree; and (3) "Alcoholism" has reference to any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages. (4) [Repealed.] (5) [Repealed.] Amended by Act 2019, No. 389,§ 70, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 93, eff. 8/1/2017. Acts 1955, No. 411, § 3; A.S.A. 1947, § 83-703.

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

(1) "Alcoholic" means any person who chronically and habitually uses alcoholic beverages to the extent that the person has lost the power of self-control with respect to the use of such beverages, or who while chronically and habitually under the influence of alcoholic beverages endangers public morals, health, safety, or welfare;

(2) "Alcoholic beverages" includes alcoholic spirits, liquors, wines, beer, and every liquid or fluid containing alcohol which is capable of being consumed by human beings and produces intoxication in any form or in any degree; and

(3) "Alcoholism" has reference to any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages.

(4) [Repealed.]

(5) [Repealed.]

Amended by Act 2019, No. 389,§ 70, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 93, eff. 8/1/2017.

Acts 1955, No. 411, § 3; A.S.A. 1947, § 83-703.
Ark. Code Ann. § 20-16-602 — AR Code / Title 20 / Chapter 16 / Subchapter 6 / Section 20-16-602
Right-to-Know-and-See Act - Right to view ultrasound image before abortion - Definitions
Status: in_force

(a) This section shall be known and may be cited as the "Right-to-Know-and-See Act". (b) As used in this section: (1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (b)(1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child or the pregnant woman; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this section; (3) (A) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the abortion of her pregnancy to avert: (i) The death of the pregnant woman; or (ii) Serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (B) "Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; (4) "Qualified technician" means: (A) A registered diagnostic medical sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography; or (B) A certified nurse midwife or advanced practice registered nurse with certification in obstetrical ultrasonography; (5) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; and (6) "Unborn child" means the offspring of human beings from conception until birth. (c) (1) An abortion provider who knowingly performs or refers for an abortion shall comply with the requirements of this section. (2) Before a pregnant woman gives informed consent to an abortion or is referred for or administered any anesthesia or medication in preparation of an abortion, the physician or qualified technician shall: (A) Perform an obstetric ultrasound on the pregnant woman using a method that the physician and the pregnant woman agree is best under the circumstances; (B) (i) Provide a simultaneous verbal explanation of what the ultrasound is depicting that includes the presence and location of the unborn child within the uterus and the number of unborn children depicted. (ii) If the ultrasound image indicates that the unborn child has died, the physician or qualified technician shall inform the pregnant woman of that fact; (C) Display the ultrasound images so that the pregnant woman may view them and document in the pregnant woman's medical record that the ultrasound images were displayed to the pregnant woman; (D) Provide a medical description of the ultrasound images, including the dimensions of the unborn child and the presence of external members and internal organs if present and viewable; and (E) Retain the ultrasound image with the date that the ultrasound occurred in the pregnant woman's medical record. (d) (1) The Department of Health shall quarterly inspect the records to ensure compliance with this section. (2) The department shall: (A) Fine an abortion facility: (i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period; (ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and (iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and (B) Suspend the license of an abortion facility for six (6) months for the fourth violation in a thirty-six-month period. (3) Upon notification from the department of a violation by a physician, the Arkansas State Medical Board shall: (A) Fine a physician: (i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period; (ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and (iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and (B) Suspend the license of a physician for six (6) months for the fourth violation in a thirty-six-month period. (e) (1) This section does not: (A) Prevent a pregnant woman from averting her eyes or looking away from the ultrasound images required to be provided to and reviewed by the pregnant woman; or (B) (i) Apply in the case of a medical emergency. (ii) Upon a determination by the physician that a medical emergency exists with respect to the pregnant woman, the physician shall certify the specific medical conditions that constitute the medical emergency. (iii) A physician or abortion provider that willfully falsifies a certification under subdivision (e)(1)(B)(ii) of this section is subject to penalties under this section. (2) A physician or pregnant woman is not subject to a penalty if the pregnant woman declines to look at the presented ultrasound images. Amended by Act 2023, No. 559,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 498,§ 1, eff. 7/28/2021. Acts 2003, No. 1189, §§ 1, 2.

(a) This section shall be known and may be cited as the "Right-to-Know-and-See Act".

(b) As used in this section: (1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (b)(1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child or the pregnant woman; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this section; (3) (A) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the abortion of her pregnancy to avert: (i) The death of the pregnant woman; or (ii) Serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (B) "Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; (4) "Qualified technician" means: (A) A registered diagnostic medical sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography; or (B) A certified nurse midwife or advanced practice registered nurse with certification in obstetrical ultrasonography; (5) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; and (6) "Unborn child" means the offspring of human beings from conception until birth.

(1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (b)(1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child or the pregnant woman; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.

(B) An act under subdivision (b)(1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child or the pregnant woman; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy;

(i) Save the life or preserve the health of the unborn child or the pregnant woman;

(ii) Remove a dead unborn child caused by spontaneous abortion; or

(iii) Remove an ectopic pregnancy;

(2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this section;

(3) (A) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the abortion of her pregnancy to avert: (i) The death of the pregnant woman; or (ii) Serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (B) "Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;

(A) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the abortion of her pregnancy to avert: (i) The death of the pregnant woman; or (ii) Serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.

(i) The death of the pregnant woman; or

(ii) Serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.

(B) "Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;

(4) "Qualified technician" means: (A) A registered diagnostic medical sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography; or (B) A certified nurse midwife or advanced practice registered nurse with certification in obstetrical ultrasonography;

(A) A registered diagnostic medical sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography; or

(B) A certified nurse midwife or advanced practice registered nurse with certification in obstetrical ultrasonography;

(5) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; and

(6) "Unborn child" means the offspring of human beings from conception until birth.

(c) (1) An abortion provider who knowingly performs or refers for an abortion shall comply with the requirements of this section. (2) Before a pregnant woman gives informed consent to an abortion or is referred for or administered any anesthesia or medication in preparation of an abortion, the physician or qualified technician shall: (A) Perform an obstetric ultrasound on the pregnant woman using a method that the physician and the pregnant woman agree is best under the circumstances; (B) (i) Provide a simultaneous verbal explanation of what the ultrasound is depicting that includes the presence and location of the unborn child within the uterus and the number of unborn children depicted. (ii) If the ultrasound image indicates that the unborn child has died, the physician or qualified technician shall inform the pregnant woman of that fact; (C) Display the ultrasound images so that the pregnant woman may view them and document in the pregnant woman's medical record that the ultrasound images were displayed to the pregnant woman; (D) Provide a medical description of the ultrasound images, including the dimensions of the unborn child and the presence of external members and internal organs if present and viewable; and (E) Retain the ultrasound image with the date that the ultrasound occurred in the pregnant woman's medical record.

(1) An abortion provider who knowingly performs or refers for an abortion shall comply with the requirements of this section.

(2) Before a pregnant woman gives informed consent to an abortion or is referred for or administered any anesthesia or medication in preparation of an abortion, the physician or qualified technician shall: (A) Perform an obstetric ultrasound on the pregnant woman using a method that the physician and the pregnant woman agree is best under the circumstances; (B) (i) Provide a simultaneous verbal explanation of what the ultrasound is depicting that includes the presence and location of the unborn child within the uterus and the number of unborn children depicted. (ii) If the ultrasound image indicates that the unborn child has died, the physician or qualified technician shall inform the pregnant woman of that fact; (C) Display the ultrasound images so that the pregnant woman may view them and document in the pregnant woman's medical record that the ultrasound images were displayed to the pregnant woman; (D) Provide a medical description of the ultrasound images, including the dimensions of the unborn child and the presence of external members and internal organs if present and viewable; and (E) Retain the ultrasound image with the date that the ultrasound occurred in the pregnant woman's medical record.

(A) Perform an obstetric ultrasound on the pregnant woman using a method that the physician and the pregnant woman agree is best under the circumstances;

(B) (i) Provide a simultaneous verbal explanation of what the ultrasound is depicting that includes the presence and location of the unborn child within the uterus and the number of unborn children depicted. (ii) If the ultrasound image indicates that the unborn child has died, the physician or qualified technician shall inform the pregnant woman of that fact;

(i) Provide a simultaneous verbal explanation of what the ultrasound is depicting that includes the presence and location of the unborn child within the uterus and the number of unborn children depicted.

(ii) If the ultrasound image indicates that the unborn child has died, the physician or qualified technician shall inform the pregnant woman of that fact;

(C) Display the ultrasound images so that the pregnant woman may view them and document in the pregnant woman's medical record that the ultrasound images were displayed to the pregnant woman;

(D) Provide a medical description of the ultrasound images, including the dimensions of the unborn child and the presence of external members and internal organs if present and viewable; and

(E) Retain the ultrasound image with the date that the ultrasound occurred in the pregnant woman's medical record.

(d) (1) The Department of Health shall quarterly inspect the records to ensure compliance with this section. (2) The department shall: (A) Fine an abortion facility: (i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period; (ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and (iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and (B) Suspend the license of an abortion facility for six (6) months for the fourth violation in a thirty-six-month period. (3) Upon notification from the department of a violation by a physician, the Arkansas State Medical Board shall: (A) Fine a physician: (i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period; (ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and (iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and (B) Suspend the license of a physician for six (6) months for the fourth violation in a thirty-six-month period.

(1) The Department of Health shall quarterly inspect the records to ensure compliance with this section.

(2) The department shall: (A) Fine an abortion facility: (i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period; (ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and (iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and (B) Suspend the license of an abortion facility for six (6) months for the fourth violation in a thirty-six-month period.

(A) Fine an abortion facility: (i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period; (ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and (iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and

(i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period;

(ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and

(iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and

(B) Suspend the license of an abortion facility for six (6) months for the fourth violation in a thirty-six-month period.

(3) Upon notification from the department of a violation by a physician, the Arkansas State Medical Board shall: (A) Fine a physician: (i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period; (ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and (iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and (B) Suspend the license of a physician for six (6) months for the fourth violation in a thirty-six-month period.

(A) Fine a physician: (i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period; (ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and (iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and

(i) One thousand five hundred dollars ($1,500) for the first violation in a thirty-six-month period;

(ii) Three thousand dollars ($3,000) for the second violation in a thirty-six-month period; and

(iii) Five thousand dollars ($5,000) for the third violation in a thirty-six-month period; and

(B) Suspend the license of a physician for six (6) months for the fourth violation in a thirty-six-month period.

(e) (1) This section does not: (A) Prevent a pregnant woman from averting her eyes or looking away from the ultrasound images required to be provided to and reviewed by the pregnant woman; or (B) (i) Apply in the case of a medical emergency. (ii) Upon a determination by the physician that a medical emergency exists with respect to the pregnant woman, the physician shall certify the specific medical conditions that constitute the medical emergency. (iii) A physician or abortion provider that willfully falsifies a certification under subdivision (e)(1)(B)(ii) of this section is subject to penalties under this section. (2) A physician or pregnant woman is not subject to a penalty if the pregnant woman declines to look at the presented ultrasound images.

(1) This section does not: (A) Prevent a pregnant woman from averting her eyes or looking away from the ultrasound images required to be provided to and reviewed by the pregnant woman; or (B) (i) Apply in the case of a medical emergency. (ii) Upon a determination by the physician that a medical emergency exists with respect to the pregnant woman, the physician shall certify the specific medical conditions that constitute the medical emergency. (iii) A physician or abortion provider that willfully falsifies a certification under subdivision (e)(1)(B)(ii) of this section is subject to penalties under this section.

(A) Prevent a pregnant woman from averting her eyes or looking away from the ultrasound images required to be provided to and reviewed by the pregnant woman; or

(B) (i) Apply in the case of a medical emergency. (ii) Upon a determination by the physician that a medical emergency exists with respect to the pregnant woman, the physician shall certify the specific medical conditions that constitute the medical emergency. (iii) A physician or abortion provider that willfully falsifies a certification under subdivision (e)(1)(B)(ii) of this section is subject to penalties under this section.

(i) Apply in the case of a medical emergency.

(ii) Upon a determination by the physician that a medical emergency exists with respect to the pregnant woman, the physician shall certify the specific medical conditions that constitute the medical emergency.

(iii) A physician or abortion provider that willfully falsifies a certification under subdivision (e)(1)(B)(ii) of this section is subject to penalties under this section.

(2) A physician or pregnant woman is not subject to a penalty if the pregnant woman declines to look at the presented ultrasound images.

Amended by Act 2023, No. 559,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 498,§ 1, eff. 7/28/2021.

Acts 2003, No. 1189, §§ 1, 2.
Ark. Code Ann. § 20-10-2003 — AR Code / Title 20 / Chapter 10 / Subchapter 20 / Section 20-10-2003
Definitions
Status: in_force

As used in this subchapter: (1) "Assisted living facility" means the same as in § 20-10-1703 ; (2) "Congregate services" means provision of group meals or any activities of daily living and instrumental activities of daily living provided in a group setting; (3) "Person" means an individual, partnership, association, corporation, or other entity; (4) "Residential care facility" means the same as in § 20-10-101 ; and (5) "Supervision" means that an assisted living facility or a residential care facility monitors the condition or status of the resident as related to medical or personal care while in the facility. Amended by Act 2019, No. 389,§ 22, eff. 7/24/2019. Acts 2005, No. 2191, § 10.

As used in this subchapter:

(1) "Assisted living facility" means the same as in § 20-10-1703 ;

(2) "Congregate services" means provision of group meals or any activities of daily living and instrumental activities of daily living provided in a group setting;

(3) "Person" means an individual, partnership, association, corporation, or other entity;

(4) "Residential care facility" means the same as in § 20-10-101 ; and

(5) "Supervision" means that an assisted living facility or a residential care facility monitors the condition or status of the resident as related to medical or personal care while in the facility.

Amended by Act 2019, No. 389,§ 22, eff. 7/24/2019.

Acts 2005, No. 2191, § 10.
Ark. Code Ann. § 20-78-107 — AR Code / Title 20 / Chapter 78 / Subchapter 1 / Section 20-78-107
Criminal background checks for employees of private businesses that provide short-term child care for patrons - Definition
Status: in_force

(a) A private business that provides short-term child care for its patrons shall perform a criminal history check with the Department of Arkansas State Police and a Child Maltreatment Central Registry check with the Department of Human Services for every employee that is employed in a capacity that directly or indirectly relates to providing care or supervision of any child. (b) Employees who have pleaded guilty or nolo contendere to or have been found guilty of an offense for which registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., is required shall be prohibited from having any direct or indirect contact with or performing duties that directly or indirectly relate to providing care or supervision of a child who is in short-term child care provided by the private business for its patrons. (c) As used in this section, "short-term child care" means that: (1) The child does not receive care for more than: (A) Five (5) hours per day; or (B) Ten (10) hours per week; (2) A parent or guardian is on the premises or is otherwise easily accessible; and (3) The facility cares for five (5) children or less at one time. Acts 2011, No. 1181, § 1.

(a) A private business that provides short-term child care for its patrons shall perform a criminal history check with the Department of Arkansas State Police and a Child Maltreatment Central Registry check with the Department of Human Services for every employee that is employed in a capacity that directly or indirectly relates to providing care or supervision of any child.

(b) Employees who have pleaded guilty or nolo contendere to or have been found guilty of an offense for which registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., is required shall be prohibited from having any direct or indirect contact with or performing duties that directly or indirectly relate to providing care or supervision of a child who is in short-term child care provided by the private business for its patrons.

(c) As used in this section, "short-term child care" means that: (1) The child does not receive care for more than: (A) Five (5) hours per day; or (B) Ten (10) hours per week; (2) A parent or guardian is on the premises or is otherwise easily accessible; and (3) The facility cares for five (5) children or less at one time.

(1) The child does not receive care for more than: (A) Five (5) hours per day; or (B) Ten (10) hours per week;

(A) Five (5) hours per day; or

(B) Ten (10) hours per week;

(2) A parent or guardian is on the premises or is otherwise easily accessible; and

(3) The facility cares for five (5) children or less at one time.

Acts 2011, No. 1181, § 1.
Ark. Code Ann. § 20-22-804 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-804
Arkansas Fire Protection Services Board - Duties and powers
Status: in_force

(a) The Arkansas Fire Protection Services Board shall: (1) (A) Prescribe by rule minimum standards for the certification of fire departments and standards for the classification of fire departments as to their level of service, including, but not limited to, standards for training levels for firefighters of fire departments, minimum levels of equipment, and minimum performance standards. (B) A fire department shall be certified when it meets the minimum standards, training, and equipment set forth for each classification; (2) Establish a system of identification for firefighters of certified fire departments for the purpose of assisting firefighters to carry out their duties; (3) Assist fire departments with training programs and assist with the establishment and upgrading of fire departments; (4) Promote the exchange of information among fire departments and state agencies; (5) Serve in a governing capacity with the Director of the Division of Emergency Management with respect to the: (i) Operation of fire services; and (ii) Matters concerning certification and standards related to fire services in the state; (6) Periodically review and evaluate current and proposed national and international activities related to the improvement and upgrading of fire services to ensure that the state maintains acceptable standards of fire protection for its citizens and standards for training its firefighters; (7) Provide oversight for the Director of the Arkansas Fire Training Academy in matters related to the: (i) Training and certification of fire services personnel in Arkansas; and (ii) Curriculum and instructional content of the curriculum offered by the Arkansas Fire Training Academy; (8) (A) Advise the President of Southern Arkansas University in matters regarding the appointment and retention of the Director of the Arkansas Fire Training Academy, including without limitation: (i) Reviewing the applications for the position of Director of the Arkansas Fire Training Academy submitted to the president; and (ii) Ranking the candidates for the position in a descending order for the president. (B) The president shall appoint the Director of the Arkansas Fire Training Academy from the Arkansas Fire Protection Services Board's top three (3) recommended candidates; (9) (A) Advise the president in the creation and maintenance of the job description of the Director of the Arkansas Fire Training Academy. (B) The job description for the Director of the Arkansas Fire Training Academy shall define the Director of the Arkansas Fire Training Academy's: (i) Job duties and directions; and (ii) Expectations; (10) Establish other reasonable rules as may be necessary for the purposes of this subchapter; (11) (A) Advise the Director of the Division of Emergency Management in matters regarding the employment and retention of the Coordinator of the Office of Fire Protection Services including without limitation: (i) Reviewing the applications for the Coordinator of the Office of Fire Protection Services and submitted to the Division of Emergency Management; and (ii) Ranking the candidates for Coordinator of the Office of Fire Protection Services in a descending order for the Director of the Division of Emergency Management. (B) (i) The Director of the Division of Emergency Management shall employ the Coordinator of Fire Protection Services from the top three (3) recommended candidates; and (ii) If a candidate removes his or her application from consideration, the rank of the candidates shall be adjusted to fill that numerical rank to ensure the Director of the Division of Emergency Management considers the top three (3) remaining recommended candidates; (12) (A) Advise the Director of the Division of Emergency Management in the creation and maintenance of the job description for the Coordinator of the Office of Fire Protection Services. (B) The job description for the Coordinator of the Office of Fire Protection Services shall define the Coordinator of the Office of Fire Protection Services': (i) Job duties and directions; and (ii) Expectations; (13) (A) Advise the Director of the Division of Emergency Management in matters regarding the employment and retention of the State Fire Marshal, including without limitation: (i) Reviewing the applications for the State Fire Marshal and submitted to the Division of Emergency Management; and (ii) Ranking the candidates for State Fire Marshal in a descending order for the Director of the Division of Emergency Management. (B) The Director of the Division of Emergency Management shall employ the State Fire Marshal from the top three (3) recommended candidates; (14) (A) Advise the Director of the Division of Emergency Management in the creation and maintenance of the job description for the State Fire Marshal. (B) The job description for the State Fire Marshal shall define the State Fire Marshal's: (i) Job duties and directions; and (ii) Expectations; (15) Provide oversight for the Director of the Division of Emergency Management for the Office of Fire Protection Services; (16) (A) Provide guidance to fire departments concerning compliance with rules or orders of the Arkansas Fire Protection Services Board. (B) The Office of Fire Protection Services shall be responsible for oversight of the fire coordinators of each county to ensure the information, guidance, rules, and orders of the Arkansas Fire Protection Services Board are complied with by the fire departments; (17) Adopt rules to create the form and allowable rates for insurance reimbursement; (18) Develop a Uniform Fire Department Insurance Reimbursement Billing Form; and (19) Develop the Arkansas Fire Protection Services Grant Program. (b) The Arkansas Fire Protection Services Board shall have the following duties and responsibilities: (1) Develop a plan for statewide fire prevention, including plans for urban and rural fire prevention; (2) Develop and maintain a fire prevention database upon which decisions concerning fire prevention and policy may intelligently be made; (3) Identify state needs relative to fire prevention, including specific needs of urban and rural areas; (4) Recommend actions to meet identified state needs relative to fire prevention; (5) Monitor and review the effectiveness of existing and proposed fire prevention programs; (6) Maintain an awareness of fire prevention research and development of importance to the state to promote information exchange and coordination of efforts; (7) Recommend legislative and executive action to encourage development of fire prevention resources and the efficient utilization of the resources; (8) Administer a public fire prevention awareness program to inform the public of the importance and methods of fire prevention; (9) Advise the General Assembly, the Governor, the State Fire Marshal, the Arkansas Forestry Commission, the Director of the Arkansas Fire Training Academy, the Director of the Division of Arkansas State Police, and the Insurance Commissioner on fire prevention and program matters of importance to each; (10) Advise on the delegation of responsibilities to state agencies responsible for fire prevention and policy and recommend resolution of conflicts between the various agencies on fire prevention matters; (11) Develop an annual report on the activities of the Arkansas Fire Protection Services Board and transmit the report to the Secretary of the Department of Public Safety and the General Assembly on or before November 30 annually; (12) Coordinate activities with the Federal Emergency Management Agency and any other federal or state agencies involved with fire prevention matters; and (13) Establish, maintain, and update a list of all the following in the state: (A) Volunteer fire fighters; and (B) Professional fire fighters. (c) (1) The Arkansas Fire Protection Services Board may revoke the certification of any firefighter who has been convicted of a felony under § 17-3-102 . (2) Before the Arkansas Fire Protection Services Board revokes the certification of a firefighter under this subsection, the firefighter may request a hearing in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) If the Arkansas Fire Protection Services Board revokes the firefighter's certification under this subsection, the firefighter may appeal the Arkansas Fire Protection Services Board's decision to the Pulaski County Circuit Court in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) The Arkansas Fire Training Academy shall be the custodian of all records on the decertification of firefighters under this subsection. Amended by Act 2023, No. 841,§ 41, eff. 7/1/2023. Amended by Act 2021, No. 1094,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2044, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2043, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6021, eff. 7/1/2019. Amended by Act 2013, No. 1091,§ 1, eff. 8/16/2013. Acts 1987, No. 837, § 3; 1993, No. 280, § 1; 1999, No. 646, § 58; 2003, No. 1459, § 3.

(a) The Arkansas Fire Protection Services Board shall: (1) (A) Prescribe by rule minimum standards for the certification of fire departments and standards for the classification of fire departments as to their level of service, including, but not limited to, standards for training levels for firefighters of fire departments, minimum levels of equipment, and minimum performance standards. (B) A fire department shall be certified when it meets the minimum standards, training, and equipment set forth for each classification; (2) Establish a system of identification for firefighters of certified fire departments for the purpose of assisting firefighters to carry out their duties; (3) Assist fire departments with training programs and assist with the establishment and upgrading of fire departments; (4) Promote the exchange of information among fire departments and state agencies; (5) Serve in a governing capacity with the Director of the Division of Emergency Management with respect to the: (i) Operation of fire services; and (ii) Matters concerning certification and standards related to fire services in the state; (6) Periodically review and evaluate current and proposed national and international activities related to the improvement and upgrading of fire services to ensure that the state maintains acceptable standards of fire protection for its citizens and standards for training its firefighters; (7) Provide oversight for the Director of the Arkansas Fire Training Academy in matters related to the: (i) Training and certification of fire services personnel in Arkansas; and (ii) Curriculum and instructional content of the curriculum offered by the Arkansas Fire Training Academy; (8) (A) Advise the President of Southern Arkansas University in matters regarding the appointment and retention of the Director of the Arkansas Fire Training Academy, including without limitation: (i) Reviewing the applications for the position of Director of the Arkansas Fire Training Academy submitted to the president; and (ii) Ranking the candidates for the position in a descending order for the president. (B) The president shall appoint the Director of the Arkansas Fire Training Academy from the Arkansas Fire Protection Services Board's top three (3) recommended candidates; (9) (A) Advise the president in the creation and maintenance of the job description of the Director of the Arkansas Fire Training Academy. (B) The job description for the Director of the Arkansas Fire Training Academy shall define the Director of the Arkansas Fire Training Academy's: (i) Job duties and directions; and (ii) Expectations; (10) Establish other reasonable rules as may be necessary for the purposes of this subchapter; (11) (A) Advise the Director of the Division of Emergency Management in matters regarding the employment and retention of the Coordinator of the Office of Fire Protection Services including without limitation: (i) Reviewing the applications for the Coordinator of the Office of Fire Protection Services and submitted to the Division of Emergency Management; and (ii) Ranking the candidates for Coordinator of the Office of Fire Protection Services in a descending order for the Director of the Division of Emergency Management. (B) (i) The Director of the Division of Emergency Management shall employ the Coordinator of Fire Protection Services from the top three (3) recommended candidates; and (ii) If a candidate removes his or her application from consideration, the rank of the candidates shall be adjusted to fill that numerical rank to ensure the Director of the Division of Emergency Management considers the top three (3) remaining recommended candidates; (12) (A) Advise the Director of the Division of Emergency Management in the creation and maintenance of the job description for the Coordinator of the Office of Fire Protection Services. (B) The job description for the Coordinator of the Office of Fire Protection Services shall define the Coordinator of the Office of Fire Protection Services': (i) Job duties and directions; and (ii) Expectations; (13) (A) Advise the Director of the Division of Emergency Management in matters regarding the employment and retention of the State Fire Marshal, including without limitation: (i) Reviewing the applications for the State Fire Marshal and submitted to the Division of Emergency Management; and (ii) Ranking the candidates for State Fire Marshal in a descending order for the Director of the Division of Emergency Management. (B) The Director of the Division of Emergency Management shall employ the State Fire Marshal from the top three (3) recommended candidates; (14) (A) Advise the Director of the Division of Emergency Management in the creation and maintenance of the job description for the State Fire Marshal. (B) The job description for the State Fire Marshal shall define the State Fire Marshal's: (i) Job duties and directions; and (ii) Expectations; (15) Provide oversight for the Director of the Division of Emergency Management for the Office of Fire Protection Services; (16) (A) Provide guidance to fire departments concerning compliance with rules or orders of the Arkansas Fire Protection Services Board. (B) The Office of Fire Protection Services shall be responsible for oversight of the fire coordinators of each county to ensure the information, guidance, rules, and orders of the Arkansas Fire Protection Services Board are complied with by the fire departments; (17) Adopt rules to create the form and allowable rates for insurance reimbursement; (18) Develop a Uniform Fire Department Insurance Reimbursement Billing Form; and (19) Develop the Arkansas Fire Protection Services Grant Program.

(1) (A) Prescribe by rule minimum standards for the certification of fire departments and standards for the classification of fire departments as to their level of service, including, but not limited to, standards for training levels for firefighters of fire departments, minimum levels of equipment, and minimum performance standards. (B) A fire department shall be certified when it meets the minimum standards, training, and equipment set forth for each classification;

(A) Prescribe by rule minimum standards for the certification of fire departments and standards for the classification of fire departments as to their level of service, including, but not limited to, standards for training levels for firefighters of fire departments, minimum levels of equipment, and minimum performance standards.

(B) A fire department shall be certified when it meets the minimum standards, training, and equipment set forth for each classification;

(2) Establish a system of identification for firefighters of certified fire departments for the purpose of assisting firefighters to carry out their duties;

(3) Assist fire departments with training programs and assist with the establishment and upgrading of fire departments;

(4) Promote the exchange of information among fire departments and state agencies;

(5) Serve in a governing capacity with the Director of the Division of Emergency Management with respect to the: (i) Operation of fire services; and (ii) Matters concerning certification and standards related to fire services in the state;

(i) Operation of fire services; and

(ii) Matters concerning certification and standards related to fire services in the state;

(6) Periodically review and evaluate current and proposed national and international activities related to the improvement and upgrading of fire services to ensure that the state maintains acceptable standards of fire protection for its citizens and standards for training its firefighters;

(7) Provide oversight for the Director of the Arkansas Fire Training Academy in matters related to the: (i) Training and certification of fire services personnel in Arkansas; and (ii) Curriculum and instructional content of the curriculum offered by the Arkansas Fire Training Academy;

(i) Training and certification of fire services personnel in Arkansas; and

(ii) Curriculum and instructional content of the curriculum offered by the Arkansas Fire Training Academy;

(8) (A) Advise the President of Southern Arkansas University in matters regarding the appointment and retention of the Director of the Arkansas Fire Training Academy, including without limitation: (i) Reviewing the applications for the position of Director of the Arkansas Fire Training Academy submitted to the president; and (ii) Ranking the candidates for the position in a descending order for the president. (B) The president shall appoint the Director of the Arkansas Fire Training Academy from the Arkansas Fire Protection Services Board's top three (3) recommended candidates;

(A) Advise the President of Southern Arkansas University in matters regarding the appointment and retention of the Director of the Arkansas Fire Training Academy, including without limitation: (i) Reviewing the applications for the position of Director of the Arkansas Fire Training Academy submitted to the president; and (ii) Ranking the candidates for the position in a descending order for the president.

(i) Reviewing the applications for the position of Director of the Arkansas Fire Training Academy submitted to the president; and

(ii) Ranking the candidates for the position in a descending order for the president.

(B) The president shall appoint the Director of the Arkansas Fire Training Academy from the Arkansas Fire Protection Services Board's top three (3) recommended candidates;

(9) (A) Advise the president in the creation and maintenance of the job description of the Director of the Arkansas Fire Training Academy. (B) The job description for the Director of the Arkansas Fire Training Academy shall define the Director of the Arkansas Fire Training Academy's: (i) Job duties and directions; and (ii) Expectations;

(A) Advise the president in the creation and maintenance of the job description of the Director of the Arkansas Fire Training Academy.

(B) The job description for the Director of the Arkansas Fire Training Academy shall define the Director of the Arkansas Fire Training Academy's: (i) Job duties and directions; and (ii) Expectations;

(i) Job duties and directions; and

(ii) Expectations;

(10) Establish other reasonable rules as may be necessary for the purposes of this subchapter;

(11) (A) Advise the Director of the Division of Emergency Management in matters regarding the employment and retention of the Coordinator of the Office of Fire Protection Services including without limitation: (i) Reviewing the applications for the Coordinator of the Office of Fire Protection Services and submitted to the Division of Emergency Management; and (ii) Ranking the candidates for Coordinator of the Office of Fire Protection Services in a descending order for the Director of the Division of Emergency Management. (B) (i) The Director of the Division of Emergency Management shall employ the Coordinator of Fire Protection Services from the top three (3) recommended candidates; and (ii) If a candidate removes his or her application from consideration, the rank of the candidates shall be adjusted to fill that numerical rank to ensure the Director of the Division of Emergency Management considers the top three (3) remaining recommended candidates;

(A) Advise the Director of the Division of Emergency Management in matters regarding the employment and retention of the Coordinator of the Office of Fire Protection Services including without limitation: (i) Reviewing the applications for the Coordinator of the Office of Fire Protection Services and submitted to the Division of Emergency Management; and (ii) Ranking the candidates for Coordinator of the Office of Fire Protection Services in a descending order for the Director of the Division of Emergency Management.

(i) Reviewing the applications for the Coordinator of the Office of Fire Protection Services and submitted to the Division of Emergency Management; and

(ii) Ranking the candidates for Coordinator of the Office of Fire Protection Services in a descending order for the Director of the Division of Emergency Management.

(B) (i) The Director of the Division of Emergency Management shall employ the Coordinator of Fire Protection Services from the top three (3) recommended candidates; and (ii) If a candidate removes his or her application from consideration, the rank of the candidates shall be adjusted to fill that numerical rank to ensure the Director of the Division of Emergency Management considers the top three (3) remaining recommended candidates;

(i) The Director of the Division of Emergency Management shall employ the Coordinator of Fire Protection Services from the top three (3) recommended candidates; and

(ii) If a candidate removes his or her application from consideration, the rank of the candidates shall be adjusted to fill that numerical rank to ensure the Director of the Division of Emergency Management considers the top three (3) remaining recommended candidates;

(12) (A) Advise the Director of the Division of Emergency Management in the creation and maintenance of the job description for the Coordinator of the Office of Fire Protection Services. (B) The job description for the Coordinator of the Office of Fire Protection Services shall define the Coordinator of the Office of Fire Protection Services': (i) Job duties and directions; and (ii) Expectations;

(A) Advise the Director of the Division of Emergency Management in the creation and maintenance of the job description for the Coordinator of the Office of Fire Protection Services.

(B) The job description for the Coordinator of the Office of Fire Protection Services shall define the Coordinator of the Office of Fire Protection Services': (i) Job duties and directions; and (ii) Expectations;

(i) Job duties and directions; and

(ii) Expectations;

(13) (A) Advise the Director of the Division of Emergency Management in matters regarding the employment and retention of the State Fire Marshal, including without limitation: (i) Reviewing the applications for the State Fire Marshal and submitted to the Division of Emergency Management; and (ii) Ranking the candidates for State Fire Marshal in a descending order for the Director of the Division of Emergency Management. (B) The Director of the Division of Emergency Management shall employ the State Fire Marshal from the top three (3) recommended candidates;

(A) Advise the Director of the Division of Emergency Management in matters regarding the employment and retention of the State Fire Marshal, including without limitation: (i) Reviewing the applications for the State Fire Marshal and submitted to the Division of Emergency Management; and (ii) Ranking the candidates for State Fire Marshal in a descending order for the Director of the Division of Emergency Management.

(i) Reviewing the applications for the State Fire Marshal and submitted to the Division of Emergency Management; and

(ii) Ranking the candidates for State Fire Marshal in a descending order for the Director of the Division of Emergency Management.

(B) The Director of the Division of Emergency Management shall employ the State Fire Marshal from the top three (3) recommended candidates;

(14) (A) Advise the Director of the Division of Emergency Management in the creation and maintenance of the job description for the State Fire Marshal. (B) The job description for the State Fire Marshal shall define the State Fire Marshal's: (i) Job duties and directions; and (ii) Expectations;

(A) Advise the Director of the Division of Emergency Management in the creation and maintenance of the job description for the State Fire Marshal.

(B) The job description for the State Fire Marshal shall define the State Fire Marshal's: (i) Job duties and directions; and (ii) Expectations;

(i) Job duties and directions; and

(ii) Expectations;

(15) Provide oversight for the Director of the Division of Emergency Management for the Office of Fire Protection Services;

(16) (A) Provide guidance to fire departments concerning compliance with rules or orders of the Arkansas Fire Protection Services Board. (B) The Office of Fire Protection Services shall be responsible for oversight of the fire coordinators of each county to ensure the information, guidance, rules, and orders of the Arkansas Fire Protection Services Board are complied with by the fire departments;

(A) Provide guidance to fire departments concerning compliance with rules or orders of the Arkansas Fire Protection Services Board.

(B) The Office of Fire Protection Services shall be responsible for oversight of the fire coordinators of each county to ensure the information, guidance, rules, and orders of the Arkansas Fire Protection Services Board are complied with by the fire departments;

(17) Adopt rules to create the form and allowable rates for insurance reimbursement;

(18) Develop a Uniform Fire Department Insurance Reimbursement Billing Form; and

(19) Develop the Arkansas Fire Protection Services Grant Program.

(b) The Arkansas Fire Protection Services Board shall have the following duties and responsibilities: (1) Develop a plan for statewide fire prevention, including plans for urban and rural fire prevention; (2) Develop and maintain a fire prevention database upon which decisions concerning fire prevention and policy may intelligently be made; (3) Identify state needs relative to fire prevention, including specific needs of urban and rural areas; (4) Recommend actions to meet identified state needs relative to fire prevention; (5) Monitor and review the effectiveness of existing and proposed fire prevention programs; (6) Maintain an awareness of fire prevention research and development of importance to the state to promote information exchange and coordination of efforts; (7) Recommend legislative and executive action to encourage development of fire prevention resources and the efficient utilization of the resources; (8) Administer a public fire prevention awareness program to inform the public of the importance and methods of fire prevention; (9) Advise the General Assembly, the Governor, the State Fire Marshal, the Arkansas Forestry Commission, the Director of the Arkansas Fire Training Academy, the Director of the Division of Arkansas State Police, and the Insurance Commissioner on fire prevention and program matters of importance to each; (10) Advise on the delegation of responsibilities to state agencies responsible for fire prevention and policy and recommend resolution of conflicts between the various agencies on fire prevention matters; (11) Develop an annual report on the activities of the Arkansas Fire Protection Services Board and transmit the report to the Secretary of the Department of Public Safety and the General Assembly on or before November 30 annually; (12) Coordinate activities with the Federal Emergency Management Agency and any other federal or state agencies involved with fire prevention matters; and (13) Establish, maintain, and update a list of all the following in the state: (A) Volunteer fire fighters; and (B) Professional fire fighters.

(1) Develop a plan for statewide fire prevention, including plans for urban and rural fire prevention;

(2) Develop and maintain a fire prevention database upon which decisions concerning fire prevention and policy may intelligently be made;

(3) Identify state needs relative to fire prevention, including specific needs of urban and rural areas;

(4) Recommend actions to meet identified state needs relative to fire prevention;

(5) Monitor and review the effectiveness of existing and proposed fire prevention programs;

(6) Maintain an awareness of fire prevention research and development of importance to the state to promote information exchange and coordination of efforts;

(7) Recommend legislative and executive action to encourage development of fire prevention resources and the efficient utilization of the resources;

(8) Administer a public fire prevention awareness program to inform the public of the importance and methods of fire prevention;

(9) Advise the General Assembly, the Governor, the State Fire Marshal, the Arkansas Forestry Commission, the Director of the Arkansas Fire Training Academy, the Director of the Division of Arkansas State Police, and the Insurance Commissioner on fire prevention and program matters of importance to each;

(10) Advise on the delegation of responsibilities to state agencies responsible for fire prevention and policy and recommend resolution of conflicts between the various agencies on fire prevention matters;

(11) Develop an annual report on the activities of the Arkansas Fire Protection Services Board and transmit the report to the Secretary of the Department of Public Safety and the General Assembly on or before November 30 annually;

(12) Coordinate activities with the Federal Emergency Management Agency and any other federal or state agencies involved with fire prevention matters; and

(13) Establish, maintain, and update a list of all the following in the state: (A) Volunteer fire fighters; and (B) Professional fire fighters.

(A) Volunteer fire fighters; and

(B) Professional fire fighters.

(c) (1) The Arkansas Fire Protection Services Board may revoke the certification of any firefighter who has been convicted of a felony under § 17-3-102 . (2) Before the Arkansas Fire Protection Services Board revokes the certification of a firefighter under this subsection, the firefighter may request a hearing in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) If the Arkansas Fire Protection Services Board revokes the firefighter's certification under this subsection, the firefighter may appeal the Arkansas Fire Protection Services Board's decision to the Pulaski County Circuit Court in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) The Arkansas Fire Training Academy shall be the custodian of all records on the decertification of firefighters under this subsection.

(1) The Arkansas Fire Protection Services Board may revoke the certification of any firefighter who has been convicted of a felony under § 17-3-102 .

(2) Before the Arkansas Fire Protection Services Board revokes the certification of a firefighter under this subsection, the firefighter may request a hearing in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) If the Arkansas Fire Protection Services Board revokes the firefighter's certification under this subsection, the firefighter may appeal the Arkansas Fire Protection Services Board's decision to the Pulaski County Circuit Court in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(4) The Arkansas Fire Training Academy shall be the custodian of all records on the decertification of firefighters under this subsection.

Amended by Act 2023, No. 841,§ 41, eff. 7/1/2023.

Amended by Act 2021, No. 1094,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2044, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2043, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6021, eff. 7/1/2019.

Amended by Act 2013, No. 1091,§ 1, eff. 8/16/2013.

Acts 1987, No. 837, § 3; 1993, No. 280, § 1; 1999, No. 646, § 58; 2003, No. 1459, § 3.
Ark. Code Ann. § 20-10-408 — AR Code / Title 20 / Chapter 10 / Subchapter 4 / Section 20-10-408
Disposition of funds
Status: in_force

(a) All funds derived from fees collected pursuant to this subchapter are special revenues and shall be deposited into the State Treasury, there to be credited to the Nursing Home Personnel Training Fund to be utilized by the Office of Long-Term Care for development and implementation of training programs as may be prescribed by the office. (b) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services may transfer all unexpended funds relative to the licensure of nursing home administrators that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 1880, eff. 7/24/2019. Acts 1987, No. 320, § 1.

(a) All funds derived from fees collected pursuant to this subchapter are special revenues and shall be deposited into the State Treasury, there to be credited to the Nursing Home Personnel Training Fund to be utilized by the Office of Long-Term Care for development and implementation of training programs as may be prescribed by the office.

(b) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services may transfer all unexpended funds relative to the licensure of nursing home administrators that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 1880, eff. 7/24/2019.

Acts 1987, No. 320, § 1.
Ark. Code Ann. § 20-22-306 — AR Code / Title 20 / Chapter 22 / Subchapter 3 / Section 20-22-306
Conviction as prima facie evidence in civil action
Status: in_force

Conviction for violation of § 5-38-310 or any part of § 5-38-311 shall be prima facie evidence of responsibility in civil action to recover damages or suppression costs under § 20-22-304 . Acts 1935, No. 85, § 5; Pope's Dig., § 3053; A.S.A. 1947, § 41-1955.

Conviction for violation of § 5-38-310 or any part of § 5-38-311 shall be prima facie evidence of responsibility in civil action to recover damages or suppression costs under § 20-22-304 .

Acts 1935, No. 85, § 5; Pope's Dig., § 3053; A.S.A. 1947, § 41-1955.
Ark. Code Ann. § 20-13-205 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-205
Emergency Medical Services Advisory Council - Creation - Members
Status: in_force

(a) There is created the Emergency Medical Services Advisory Council, which shall consist of nineteen (19) members with a demonstrated interest in emergency medical services, to be appointed by the Governor as follows: (1) Four (4) members shall be licensed medical doctors of good professional standing. One (1) member shall be appointed representing each of the following areas: (A) The Arkansas Chapter of the American College of Emergency Physicians; (B) The Arkansas Academy of Family Physicians, Inc.; (C) The Arkansas Medical Society, Inc.; and (D) The medical director for a licensed paramedic ambulance service; (2) One (1) member recommended by the Arkansas Hospital Association, Inc.; (3) One (1) member who shall be a member of the Arkansas Emergency Nurses Association; (4) One (1) member who shall be a member of, and recommended by, the Arkansas Ambulance Association; (5) One (1) member who shall be a licensed paramedic; (6) One (1) member who shall be a licensed EMT; (7) One (1) member representing fire department-based ambulance services; (8) One (1) member representing emergency medical services personnel training sites who has had at least five (5) years' experience associated with emergency medical services personnel in this state; (9) One (1) member who shall be a consumer representative who has an interest in public health and emergency medical services. The member shall be appointed by the Governor from the state at large; (10) One (1) member who shall be sixty-five (65) years of age or more. This member shall be appointed by the Governor from the state at large and shall not belong to any other group specifically addressed in this section, with the exception of the consumer representative; (11) One (1) member who shall represent city-based or county-based ambulance services; (12) One (1) member who shall represent the Arkansas Association of Chiefs of Police or the Arkansas Sheriffs' Association; (13) One (1) member representing fire service rescue operations which do not transport patients; (14) One (1) member licensed as an attorney at law in good professional standing within this state and having a knowledge of medical and legal issues; (15) One (1) member appointed from a list of two (2) nominees submitted by the Arkansas Emergency Medical Technicians Association; and (16) One (1) member who shall be a certified military emergency medical technician. (b) Members shall be appointed for terms of five (5) years. (c) Vacancies on the council due to death, resignation, or other causes shall be filled by appointment by the Governor for the unexpired portion of the term thereof in the same manner as is provided in this section for initial appointments. (d) Members except those employed by the state may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (e) The members may be removed by the Governor for neglect of duty or malfeasance in office. Amended by Act 2017, No. 540,§ 42, eff. 8/1/2017. Acts 1975, No. 435, § 3; 1985, No. 1001, § 2; A.S.A. 1947, § 82-3403; Acts 1997, No. 250, § 182; 2001, No. 1557, § 3; 2005, No. 1228, § 1; 2009, No. 689, § 8.

(a) There is created the Emergency Medical Services Advisory Council, which shall consist of nineteen (19) members with a demonstrated interest in emergency medical services, to be appointed by the Governor as follows: (1) Four (4) members shall be licensed medical doctors of good professional standing. One (1) member shall be appointed representing each of the following areas: (A) The Arkansas Chapter of the American College of Emergency Physicians; (B) The Arkansas Academy of Family Physicians, Inc.; (C) The Arkansas Medical Society, Inc.; and (D) The medical director for a licensed paramedic ambulance service; (2) One (1) member recommended by the Arkansas Hospital Association, Inc.; (3) One (1) member who shall be a member of the Arkansas Emergency Nurses Association; (4) One (1) member who shall be a member of, and recommended by, the Arkansas Ambulance Association; (5) One (1) member who shall be a licensed paramedic; (6) One (1) member who shall be a licensed EMT; (7) One (1) member representing fire department-based ambulance services; (8) One (1) member representing emergency medical services personnel training sites who has had at least five (5) years' experience associated with emergency medical services personnel in this state; (9) One (1) member who shall be a consumer representative who has an interest in public health and emergency medical services. The member shall be appointed by the Governor from the state at large; (10) One (1) member who shall be sixty-five (65) years of age or more. This member shall be appointed by the Governor from the state at large and shall not belong to any other group specifically addressed in this section, with the exception of the consumer representative; (11) One (1) member who shall represent city-based or county-based ambulance services; (12) One (1) member who shall represent the Arkansas Association of Chiefs of Police or the Arkansas Sheriffs' Association; (13) One (1) member representing fire service rescue operations which do not transport patients; (14) One (1) member licensed as an attorney at law in good professional standing within this state and having a knowledge of medical and legal issues; (15) One (1) member appointed from a list of two (2) nominees submitted by the Arkansas Emergency Medical Technicians Association; and (16) One (1) member who shall be a certified military emergency medical technician.

(1) Four (4) members shall be licensed medical doctors of good professional standing. One (1) member shall be appointed representing each of the following areas: (A) The Arkansas Chapter of the American College of Emergency Physicians; (B) The Arkansas Academy of Family Physicians, Inc.; (C) The Arkansas Medical Society, Inc.; and (D) The medical director for a licensed paramedic ambulance service;

(A) The Arkansas Chapter of the American College of Emergency Physicians;

(B) The Arkansas Academy of Family Physicians, Inc.;

(C) The Arkansas Medical Society, Inc.; and

(D) The medical director for a licensed paramedic ambulance service;

(2) One (1) member recommended by the Arkansas Hospital Association, Inc.;

(3) One (1) member who shall be a member of the Arkansas Emergency Nurses Association;

(4) One (1) member who shall be a member of, and recommended by, the Arkansas Ambulance Association;

(5) One (1) member who shall be a licensed paramedic;

(6) One (1) member who shall be a licensed EMT;

(7) One (1) member representing fire department-based ambulance services;

(8) One (1) member representing emergency medical services personnel training sites who has had at least five (5) years' experience associated with emergency medical services personnel in this state;

(9) One (1) member who shall be a consumer representative who has an interest in public health and emergency medical services. The member shall be appointed by the Governor from the state at large;

(10) One (1) member who shall be sixty-five (65) years of age or more. This member shall be appointed by the Governor from the state at large and shall not belong to any other group specifically addressed in this section, with the exception of the consumer representative;

(11) One (1) member who shall represent city-based or county-based ambulance services;

(12) One (1) member who shall represent the Arkansas Association of Chiefs of Police or the Arkansas Sheriffs' Association;

(13) One (1) member representing fire service rescue operations which do not transport patients;

(14) One (1) member licensed as an attorney at law in good professional standing within this state and having a knowledge of medical and legal issues;

(15) One (1) member appointed from a list of two (2) nominees submitted by the Arkansas Emergency Medical Technicians Association; and

(16) One (1) member who shall be a certified military emergency medical technician.

(b) Members shall be appointed for terms of five (5) years.

(c) Vacancies on the council due to death, resignation, or other causes shall be filled by appointment by the Governor for the unexpired portion of the term thereof in the same manner as is provided in this section for initial appointments.

(d) Members except those employed by the state may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(e) The members may be removed by the Governor for neglect of duty or malfeasance in office.

Amended by Act 2017, No. 540,§ 42, eff. 8/1/2017.

Acts 1975, No. 435, § 3; 1985, No. 1001, § 2; A.S.A. 1947, § 82-3403; Acts 1997, No. 250, § 182; 2001, No. 1557, § 3; 2005, No. 1228, § 1; 2009, No. 689, § 8.
Ark. Code Ann. § 20-46-103 — AR Code / Title 20 / Chapter 46 / Subchapter 1 / Section 20-46-103
Records of State Board of Health, hospitals, etc., confidential - Exceptions and liability
Status: in_force

(a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society and allied medical societies, or from in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to the patients, which are used in the course of medical studies for the purpose of reducing morbidity or mortality, as provided in this act, shall be strictly confidential and shall be used only for medical research. (b) Any authorized person, hospital, sanatorium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality: (1) The board, the University of Arkansas for Medical Sciences Medical Center, the Arkansas Medical Society or any committee or allied society thereof, or any other national medical organization approved by the board or any committee or allied medical society therein; or (2) Any in-hospital staff committee of licensed hospitals. (c) No liability for damages or other relief shall arise or be enforced against any authorized person, institution, or organization by reason of having provided information or material, by reason of having released or published the findings and conclusions of the groups to advance medical research and medical education, or by reason of having released or published generally a summary of the studies. (d) (1) In all events, the identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. (2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor. (3) All information, interviews, reports, statements, memoranda, or other data, but not the original medical records pertaining to the patient, furnished by reason of this act, and any findings or conclusions resulting from studies are declared to be privileged communications which may not be used, offered, or received in evidence in any legal proceeding of any kind or character. Any attempt to use or offer any information, interviews, reports, statements, memoranda, or other data, findings, or conclusions or any part thereof, but not the original medical records pertaining to the patient, unless waived by the interested parties, shall constitute prejudicial error in any such proceeding. (e) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient. Acts 1971, No. 433, ch. 2, § 10; A.S.A. 1947, § 59-310.

(a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society and allied medical societies, or from in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to the patients, which are used in the course of medical studies for the purpose of reducing morbidity or mortality, as provided in this act, shall be strictly confidential and shall be used only for medical research.

(b) Any authorized person, hospital, sanatorium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality: (1) The board, the University of Arkansas for Medical Sciences Medical Center, the Arkansas Medical Society or any committee or allied society thereof, or any other national medical organization approved by the board or any committee or allied medical society therein; or (2) Any in-hospital staff committee of licensed hospitals.

(1) The board, the University of Arkansas for Medical Sciences Medical Center, the Arkansas Medical Society or any committee or allied society thereof, or any other national medical organization approved by the board or any committee or allied medical society therein; or

(2) Any in-hospital staff committee of licensed hospitals.

(c) No liability for damages or other relief shall arise or be enforced against any authorized person, institution, or organization by reason of having provided information or material, by reason of having released or published the findings and conclusions of the groups to advance medical research and medical education, or by reason of having released or published generally a summary of the studies.

(d) (1) In all events, the identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. (2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor. (3) All information, interviews, reports, statements, memoranda, or other data, but not the original medical records pertaining to the patient, furnished by reason of this act, and any findings or conclusions resulting from studies are declared to be privileged communications which may not be used, offered, or received in evidence in any legal proceeding of any kind or character. Any attempt to use or offer any information, interviews, reports, statements, memoranda, or other data, findings, or conclusions or any part thereof, but not the original medical records pertaining to the patient, unless waived by the interested parties, shall constitute prejudicial error in any such proceeding.

(1) In all events, the identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances.

(2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor.

(3) All information, interviews, reports, statements, memoranda, or other data, but not the original medical records pertaining to the patient, furnished by reason of this act, and any findings or conclusions resulting from studies are declared to be privileged communications which may not be used, offered, or received in evidence in any legal proceeding of any kind or character. Any attempt to use or offer any information, interviews, reports, statements, memoranda, or other data, findings, or conclusions or any part thereof, but not the original medical records pertaining to the patient, unless waived by the interested parties, shall constitute prejudicial error in any such proceeding.

(e) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.

Acts 1971, No. 433, ch. 2, § 10; A.S.A. 1947, § 59-310.
Ark. Code Ann. § 20-57-102 — AR Code / Title 20 / Chapter 57 / Subchapter 1 / Section 20-57-102
Salvage of food - Definitions
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Food salvage distributor" means a person, firm, or corporation that engages in the business of distributing, peddling, or otherwise trafficking in any salvaged products enumerated in the definition of a food salvager; and (2) "Food salvager" means a person, firm, or corporation engaged in the business of reconditioning, labeling, relabeling, repackaging, recoopering, sorting, cleaning, culling, or by other means salvaging items and who sells, offers for sale, or distributes for human or animal consumption any salvaged food, beverage, including beer, wine and distilled spirits, vitamin, food supplement, dentifrice, drug, cosmetic, single-service food container or utensil, soda straws, paper napkins, or any other product of a similar nature that has been damaged or contaminated by fire, water, smoke, chemicals, transit, or by any other means. (b) (1) Food salvagers and food salvage distributors located in or operating in Arkansas shall obtain a permit from the Department of Health upon payment of a fee of one hundred fifty dollars ($150) as a condition of the right to carry on the business. (2) Permits issued under this section shall not be transferable and shall be renewed annually. (3) The department may issue permits for less than one (1) year. The cost of the permits shall be based upon the number of months the permit is valid divided by twelve (12) months multiplied by the annual permit fee. (c) The State Board of Health is empowered to promulgate and enforce reasonable rules in order to assure that salvaged foods are safe for human or animal consumption, as the case may be. (d) It shall be the duty of the Division of Environmental Health Protection of the Department of Health to administer the provisions of this section and the rules pursuant to it. (e) All fees levied and collected under the provisions of this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund. (f) (1) A person who violates a provision of this section or a rule pursuant to it shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or shall be sentenced to imprisonment for not more than thirty (30) days, or both a fine and imprisonment. (2) Each day on which a violation of this section occurs or continues constitutes a separate offense and shall be punished accordingly. (g) Subject to the rules which may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department is authorized to transfer all unexpended funds relative to the food salvager's permit that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 2178, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2177, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2176, eff. 7/24/2019. Acts 1963, No. 241, §§ 1-8; 1977, No. 357, § 5; A.S.A. 1947, §§ 82-967 -- 82-974; Acts 1987, No. 451, § 1; 1991, No. 378, § 1.

(a) As used in this section, unless the context otherwise requires: (1) "Food salvage distributor" means a person, firm, or corporation that engages in the business of distributing, peddling, or otherwise trafficking in any salvaged products enumerated in the definition of a food salvager; and (2) "Food salvager" means a person, firm, or corporation engaged in the business of reconditioning, labeling, relabeling, repackaging, recoopering, sorting, cleaning, culling, or by other means salvaging items and who sells, offers for sale, or distributes for human or animal consumption any salvaged food, beverage, including beer, wine and distilled spirits, vitamin, food supplement, dentifrice, drug, cosmetic, single-service food container or utensil, soda straws, paper napkins, or any other product of a similar nature that has been damaged or contaminated by fire, water, smoke, chemicals, transit, or by any other means.

(1) "Food salvage distributor" means a person, firm, or corporation that engages in the business of distributing, peddling, or otherwise trafficking in any salvaged products enumerated in the definition of a food salvager; and

(2) "Food salvager" means a person, firm, or corporation engaged in the business of reconditioning, labeling, relabeling, repackaging, recoopering, sorting, cleaning, culling, or by other means salvaging items and who sells, offers for sale, or distributes for human or animal consumption any salvaged food, beverage, including beer, wine and distilled spirits, vitamin, food supplement, dentifrice, drug, cosmetic, single-service food container or utensil, soda straws, paper napkins, or any other product of a similar nature that has been damaged or contaminated by fire, water, smoke, chemicals, transit, or by any other means.

(b) (1) Food salvagers and food salvage distributors located in or operating in Arkansas shall obtain a permit from the Department of Health upon payment of a fee of one hundred fifty dollars ($150) as a condition of the right to carry on the business. (2) Permits issued under this section shall not be transferable and shall be renewed annually. (3) The department may issue permits for less than one (1) year. The cost of the permits shall be based upon the number of months the permit is valid divided by twelve (12) months multiplied by the annual permit fee.

(1) Food salvagers and food salvage distributors located in or operating in Arkansas shall obtain a permit from the Department of Health upon payment of a fee of one hundred fifty dollars ($150) as a condition of the right to carry on the business.

(2) Permits issued under this section shall not be transferable and shall be renewed annually.

(3) The department may issue permits for less than one (1) year. The cost of the permits shall be based upon the number of months the permit is valid divided by twelve (12) months multiplied by the annual permit fee.

(c) The State Board of Health is empowered to promulgate and enforce reasonable rules in order to assure that salvaged foods are safe for human or animal consumption, as the case may be.

(d) It shall be the duty of the Division of Environmental Health Protection of the Department of Health to administer the provisions of this section and the rules pursuant to it.

(e) All fees levied and collected under the provisions of this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.

(f) (1) A person who violates a provision of this section or a rule pursuant to it shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or shall be sentenced to imprisonment for not more than thirty (30) days, or both a fine and imprisonment. (2) Each day on which a violation of this section occurs or continues constitutes a separate offense and shall be punished accordingly.

(1) A person who violates a provision of this section or a rule pursuant to it shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or shall be sentenced to imprisonment for not more than thirty (30) days, or both a fine and imprisonment.

(2) Each day on which a violation of this section occurs or continues constitutes a separate offense and shall be punished accordingly.

(g) Subject to the rules which may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department is authorized to transfer all unexpended funds relative to the food salvager's permit that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 2178, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2177, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2176, eff. 7/24/2019.

Acts 1963, No. 241, §§ 1-8; 1977, No. 357, § 5; A.S.A. 1947, §§ 82-967 -- 82-974; Acts 1987, No. 451, § 1; 1991, No. 378, § 1.
Ark. Code Ann. § 20-10-1305 — AR Code / Title 20 / Chapter 10 / Subchapter 13 / Section 20-10-1305
Exemptions
Status: in_force

All residents of nursing home facilities and all full-time and part-time employees of nursing home facilities shall be immunized according to this subchapter with the following exemptions: (1) No individual shall be required to receive either an influenza virus vaccine or a pneumococcal pneumonia vaccine if the vaccine is medically contraindicated as described in the product labeling approved by the United States Food and Drug Administration; and (2) The provisions of this subchapter shall not apply if the resident or legal guardian objects on the grounds that the immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which the resident or guardian is an adherent or member. Acts 1999, No. 1524, § 5; 2007, No. 827, § 155.

All residents of nursing home facilities and all full-time and part-time employees of nursing home facilities shall be immunized according to this subchapter with the following exemptions:

(1) No individual shall be required to receive either an influenza virus vaccine or a pneumococcal pneumonia vaccine if the vaccine is medically contraindicated as described in the product labeling approved by the United States Food and Drug Administration; and

(2) The provisions of this subchapter shall not apply if the resident or legal guardian objects on the grounds that the immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which the resident or guardian is an adherent or member.

Acts 1999, No. 1524, § 5; 2007, No. 827, § 155.
Ark. Code Ann. § 20-47-809 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-809
Implementation of psychiatric emergency services
Status: in_force

(a) (1) To implement psychiatric emergency services under a crisis intervention protocol under this subchapter, a crisis stabilization unit shall request licensure from the Department of Human Services for the number of extended observation beds that are required to adequately serve the designated crisis stabilization unit catchment area. (2) A license for the requested extended observation beds is required before the crisis stabilization unit may put the extended observation beds into service for patients. (b) If the Department of Human Services determines that psychiatric emergency services under this subchapter are adequate to provide for the privacy and safety of all patients receiving services in the crisis stabilization unit, the Department of Human Services may approve the location of one (1) or more of the extended observation units within another area of the single point of entry rather than in proximity to the emergency department. (c) Each crisis stabilization unit shall provide or contract to provide qualified physicians, licensed mental health professionals, psychiatric nurse practitioners, psychiatric physician assistants, and ancillary personnel necessary to provide services twenty-four (24) hours per day, seven (7) days per week. (d) (1) A psychiatric emergency service provided by a crisis stabilization unit shall have at least one (1) physician, one (1) psychiatric nurse practitioner, one (1) psychiatric physician assistant, or one (1) mental health professional who is a member of the staff of the crisis stabilization unit and who is on duty and available at all times. (2) However, the medical director of the crisis stabilization unit may waive the requirement under subdivision (d)(1) of this section if provisions are made for: (A) A physician in the emergency department to assume responsibility and provide initial evaluation and treatment of an individual with a behavioral health impairment in the custody of a crisis intervention team officer or referred by the community mental health center; (B) A licensed mental health professional to screen and assess an individual with a behavioral health impairment within thirty (30) minutes of notification that the individual has arrived; and (C) The physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional on call for the psychiatric emergency service to evaluate the individual with a behavioral health impairment onsite within twelve (12) hours of the individual's admission. (3) A crisis stabilization unit is encouraged to use telemedicine under this subchapter to the extent it is effective and authorized by state law. Amended by Act 2021, No. 989,§ 4, eff. 7/28/2021. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) (1) To implement psychiatric emergency services under a crisis intervention protocol under this subchapter, a crisis stabilization unit shall request licensure from the Department of Human Services for the number of extended observation beds that are required to adequately serve the designated crisis stabilization unit catchment area. (2) A license for the requested extended observation beds is required before the crisis stabilization unit may put the extended observation beds into service for patients.

(1) To implement psychiatric emergency services under a crisis intervention protocol under this subchapter, a crisis stabilization unit shall request licensure from the Department of Human Services for the number of extended observation beds that are required to adequately serve the designated crisis stabilization unit catchment area.

(2) A license for the requested extended observation beds is required before the crisis stabilization unit may put the extended observation beds into service for patients.

(b) If the Department of Human Services determines that psychiatric emergency services under this subchapter are adequate to provide for the privacy and safety of all patients receiving services in the crisis stabilization unit, the Department of Human Services may approve the location of one (1) or more of the extended observation units within another area of the single point of entry rather than in proximity to the emergency department.

(c) Each crisis stabilization unit shall provide or contract to provide qualified physicians, licensed mental health professionals, psychiatric nurse practitioners, psychiatric physician assistants, and ancillary personnel necessary to provide services twenty-four (24) hours per day, seven (7) days per week.

(d) (1) A psychiatric emergency service provided by a crisis stabilization unit shall have at least one (1) physician, one (1) psychiatric nurse practitioner, one (1) psychiatric physician assistant, or one (1) mental health professional who is a member of the staff of the crisis stabilization unit and who is on duty and available at all times. (2) However, the medical director of the crisis stabilization unit may waive the requirement under subdivision (d)(1) of this section if provisions are made for: (A) A physician in the emergency department to assume responsibility and provide initial evaluation and treatment of an individual with a behavioral health impairment in the custody of a crisis intervention team officer or referred by the community mental health center; (B) A licensed mental health professional to screen and assess an individual with a behavioral health impairment within thirty (30) minutes of notification that the individual has arrived; and (C) The physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional on call for the psychiatric emergency service to evaluate the individual with a behavioral health impairment onsite within twelve (12) hours of the individual's admission. (3) A crisis stabilization unit is encouraged to use telemedicine under this subchapter to the extent it is effective and authorized by state law.

(1) A psychiatric emergency service provided by a crisis stabilization unit shall have at least one (1) physician, one (1) psychiatric nurse practitioner, one (1) psychiatric physician assistant, or one (1) mental health professional who is a member of the staff of the crisis stabilization unit and who is on duty and available at all times.

(2) However, the medical director of the crisis stabilization unit may waive the requirement under subdivision (d)(1) of this section if provisions are made for: (A) A physician in the emergency department to assume responsibility and provide initial evaluation and treatment of an individual with a behavioral health impairment in the custody of a crisis intervention team officer or referred by the community mental health center; (B) A licensed mental health professional to screen and assess an individual with a behavioral health impairment within thirty (30) minutes of notification that the individual has arrived; and (C) The physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional on call for the psychiatric emergency service to evaluate the individual with a behavioral health impairment onsite within twelve (12) hours of the individual's admission.

(A) A physician in the emergency department to assume responsibility and provide initial evaluation and treatment of an individual with a behavioral health impairment in the custody of a crisis intervention team officer or referred by the community mental health center;

(B) A licensed mental health professional to screen and assess an individual with a behavioral health impairment within thirty (30) minutes of notification that the individual has arrived; and

(C) The physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional on call for the psychiatric emergency service to evaluate the individual with a behavioral health impairment onsite within twelve (12) hours of the individual's admission.

(3) A crisis stabilization unit is encouraged to use telemedicine under this subchapter to the extent it is effective and authorized by state law.

Amended by Act 2021, No. 989,§ 4, eff. 7/28/2021.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-27-802 — AR Code / Title 20 / Chapter 27 / Subchapter 8 / Section 20-27-802
Inside door handles required on certain walk-in refrigerators, etc
Status: in_force

The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors may require the installation of inside door handles on any walk-in refrigerator, icebox, freezer, or door of a cold storage room where in his or her discretion the absence of inside door handles in the freezing unit may endanger the life of any employee or other authorized personnel using the unit. Amended by Act 2019, No. 910,§ 5484, eff. 7/1/2019. Acts 1957, No. 347, § 2; A.S.A. 1947, § 82-731.

The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors may require the installation of inside door handles on any walk-in refrigerator, icebox, freezer, or door of a cold storage room where in his or her discretion the absence of inside door handles in the freezing unit may endanger the life of any employee or other authorized personnel using the unit.

Amended by Act 2019, No. 910,§ 5484, eff. 7/1/2019.

Acts 1957, No. 347, § 2; A.S.A. 1947, § 82-731.
Ark. Code Ann. § 20-16-1104 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1104
Unborn child pain prevention
Status: in_force

(a) Except in the case of a medical emergency, before an abortion is performed on an unborn child whose gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female: (1) Whether an anesthetic or analgesic would eliminate or alleviate organic pain to the unborn child that could be caused by the particular method of abortion to be employed; and (2) Of the particular medical risks associated with the particular anesthetic or analgesic. (b) After presenting the information required in subsection (a) of this section and with the consent of the pregnant female, the physician shall administer the anesthetic or analgesic. Acts 2005, No. 1696, § 1.

(a) Except in the case of a medical emergency, before an abortion is performed on an unborn child whose gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female: (1) Whether an anesthetic or analgesic would eliminate or alleviate organic pain to the unborn child that could be caused by the particular method of abortion to be employed; and (2) Of the particular medical risks associated with the particular anesthetic or analgesic.

(1) Whether an anesthetic or analgesic would eliminate or alleviate organic pain to the unborn child that could be caused by the particular method of abortion to be employed; and

(2) Of the particular medical risks associated with the particular anesthetic or analgesic.

(b) After presenting the information required in subsection (a) of this section and with the consent of the pregnant female, the physician shall administer the anesthetic or analgesic.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-50-106 — AR Code / Title 20 / Chapter 50 / Section 20-50-106
Copies of chapter transmitted to other jurisdictions
Status: in_force

Authorized copies of this chapter shall, upon its approval, be transmitted by the Secretary of State to the Governor of each state, the Attorney General, and the United States Secretary of State, and the Council of State Governments. Acts 1971, No. 433, ch. 9, § 6; A.S.A. 1947, § 59-806.

Authorized copies of this chapter shall, upon its approval, be transmitted by the Secretary of State to the Governor of each state, the Attorney General, and the United States Secretary of State, and the Council of State Governments.

Acts 1971, No. 433, ch. 9, § 6; A.S.A. 1947, § 59-806.