Ark. Code Ann. § 20-16-205 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-205
Medical director - Appointment - Powers and duties
Status: in_force

(a) The Arkansas Reproductive Health Monitoring System shall be administered by a medical director appointed by the Medical Director of Arkansas Children's Hospital from among the professional staff of Arkansas Children's Hospital. (b) The Medical Director of the Arkansas Reproductive Health Monitoring System shall: (1) Supervise the work of the system and administer the budget; (2) Appoint and remove such other employees as may be necessary to perform the duties and responsibilities of the system; and (3) Select and retain the services of consultants whose advice is considered necessary to carry out the system's mandate. Amended by Act 2015, No. 1062,§ 3, eff. 7/22/2015. Acts 1985, No. 214, § 2; A.S.A. 1947, § 82-4609.

(a) The Arkansas Reproductive Health Monitoring System shall be administered by a medical director appointed by the Medical Director of Arkansas Children's Hospital from among the professional staff of Arkansas Children's Hospital.

(b) The Medical Director of the Arkansas Reproductive Health Monitoring System shall: (1) Supervise the work of the system and administer the budget; (2) Appoint and remove such other employees as may be necessary to perform the duties and responsibilities of the system; and (3) Select and retain the services of consultants whose advice is considered necessary to carry out the system's mandate.

(1) Supervise the work of the system and administer the budget;

(2) Appoint and remove such other employees as may be necessary to perform the duties and responsibilities of the system; and

(3) Select and retain the services of consultants whose advice is considered necessary to carry out the system's mandate.

Amended by Act 2015, No. 1062,§ 3, eff. 7/22/2015.

Acts 1985, No. 214, § 2; A.S.A. 1947, § 82-4609.
Ark. Code Ann. § 20-17-1022 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1022
Records required
Status: in_force

(a) All cemetery companies shall make and keep accounts and records which shall indicate that they have made the required contributions to the permanent maintenance fund. The burden is upon the cemetery company to maintain the accounts and records. (b) Unless otherwise approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, all sales contracts and deeds issued by the cemetery company shall be numbered before they are executed by the cemetery company and shall contain those items that the board by rule or order prescribes. (c) A cemetery company shall maintain records of its interments that shall include without limitation: (1) The name of the interred or entombed; (2) The date of interment or entombment; and (3) The location of interment or entombment. Amended by Act 2017, No. 788,§ 54, eff. 7/1/2018. Acts 1977, No. 352, § 17; A.S.A. 1947, § 82-426.17; Acts 2011, No. 590, § 10.

(a) All cemetery companies shall make and keep accounts and records which shall indicate that they have made the required contributions to the permanent maintenance fund. The burden is upon the cemetery company to maintain the accounts and records.

(b) Unless otherwise approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, all sales contracts and deeds issued by the cemetery company shall be numbered before they are executed by the cemetery company and shall contain those items that the board by rule or order prescribes.

(c) A cemetery company shall maintain records of its interments that shall include without limitation: (1) The name of the interred or entombed; (2) The date of interment or entombment; and (3) The location of interment or entombment.

(1) The name of the interred or entombed;

(2) The date of interment or entombment; and

(3) The location of interment or entombment.

Amended by Act 2017, No. 788,§ 54, eff. 7/1/2018.

Acts 1977, No. 352, § 17; A.S.A. 1947, § 82-426.17; Acts 2011, No. 590, § 10.
Ark. Code Ann. § 20-10-2002 — AR Code / Title 20 / Chapter 10 / Subchapter 20 / Section 20-10-2002
Purpose
Status: in_force

The purpose of this subchapter is to protect the elderly and other vulnerable citizens of the State of Arkansas by ensuring that all facilities that offer assisted living or similar services are properly licensed and following the statutes and rules for long-term care facilities. Acts 2005, No. 2191, § 10.

The purpose of this subchapter is to protect the elderly and other vulnerable citizens of the State of Arkansas by ensuring that all facilities that offer assisted living or similar services are properly licensed and following the statutes and rules for long-term care facilities.

Acts 2005, No. 2191, § 10.
Ark. Code Ann. § 20-27-709 — AR Code / Title 20 / Chapter 27 / Subchapter 7 / Section 20-27-709
Notice at medical facilities
Status: in_force

(a) Each medical facility shall post signs in prominent places in its facilities and on its property to explain the prohibition of smoking under § 20-27-706 . (b) (1) Notices shall be written in English and Spanish. (2) For a person who cannot read the signs, the prohibition of smoking in a medical facility on its grounds shall be given verbally in the appropriate language before any enforcement of the prohibition against the violator. (c) The Department of Health may treat a violation of this section as a deficiency to be assessed against the medical facility. Acts 2005, No. 134, § 1.

(a) Each medical facility shall post signs in prominent places in its facilities and on its property to explain the prohibition of smoking under § 20-27-706 .

(b) (1) Notices shall be written in English and Spanish. (2) For a person who cannot read the signs, the prohibition of smoking in a medical facility on its grounds shall be given verbally in the appropriate language before any enforcement of the prohibition against the violator.

(1) Notices shall be written in English and Spanish.

(2) For a person who cannot read the signs, the prohibition of smoking in a medical facility on its grounds shall be given verbally in the appropriate language before any enforcement of the prohibition against the violator.

(c) The Department of Health may treat a violation of this section as a deficiency to be assessed against the medical facility.

Acts 2005, No. 134, § 1.
Ark. Code Ann. § 20-64-701 — AR Code / Title 20 / Chapter 64 / Subchapter 7 / Section 20-64-701
Legislative findings
Status: in_force

(a) The purpose of this subchapter is to help prevent broken homes and the loss of life, health, money, and property by creating an agency which shall coordinate the efforts of all interested and affected state and local agencies; develop educational and preventative programs; promote and aid study and research relating to problems of alcoholism; and promote the establishment of constructive programs for treatment aimed at the reclamation and rehabilitation of alcoholics. (b) Alcoholism is recognized as an illness and a public health problem affecting the general welfare and economy of the state and, as an illness, is subject to treatment and abatement. (c) The sufferer of alcoholism is recognized as one worthy of treatment and rehabilitation. (d) The need for proper and sufficient facilities, programs, and procedures within the state for the study, control, and treatment of alcoholism is recognized. (e) It is contemplated and intended that this subchapter shall not become involved with or become a vehicle for either the commonly called "dry" or "wet" movements, for it is recognized that alcoholism is a problem irrespective of any laws relating to the manufacture, sale, or consumption of alcoholic beverages. (f) It is declared that the procedure for commitment of alcoholics, as provided for in this subchapter, is not punitive but is a committal for treatment of an illness affecting not only the individual involved but also the public welfare. Acts 1955, No. 411, § 1; A.S.A. 1947, § 83-701.

(a) The purpose of this subchapter is to help prevent broken homes and the loss of life, health, money, and property by creating an agency which shall coordinate the efforts of all interested and affected state and local agencies; develop educational and preventative programs; promote and aid study and research relating to problems of alcoholism; and promote the establishment of constructive programs for treatment aimed at the reclamation and rehabilitation of alcoholics.

(b) Alcoholism is recognized as an illness and a public health problem affecting the general welfare and economy of the state and, as an illness, is subject to treatment and abatement.

(c) The sufferer of alcoholism is recognized as one worthy of treatment and rehabilitation.

(d) The need for proper and sufficient facilities, programs, and procedures within the state for the study, control, and treatment of alcoholism is recognized.

(e) It is contemplated and intended that this subchapter shall not become involved with or become a vehicle for either the commonly called "dry" or "wet" movements, for it is recognized that alcoholism is a problem irrespective of any laws relating to the manufacture, sale, or consumption of alcoholic beverages.

(f) It is declared that the procedure for commitment of alcoholics, as provided for in this subchapter, is not punitive but is a committal for treatment of an illness affecting not only the individual involved but also the public welfare.

Acts 1955, No. 411, § 1; A.S.A. 1947, § 83-701.
Ark. Code Ann. § 20-7-145 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-145
Prohibition on vaccine passports - Definition
Status: in_force

(a) As used in this section, "vaccine passport" means documentation that an individual has been vaccinated against coronavirus 2019 (COVID-19). (b) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not require an individual to use a vaccine passport in this state for any purpose. (c) The use of a vaccine passport shall not be a condition for entry, travel, education, or services. Added by Act 2021, No. 1030,§ 1, eff. 7/28/2021.

(a) As used in this section, "vaccine passport" means documentation that an individual has been vaccinated against coronavirus 2019 (COVID-19).

(b) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not require an individual to use a vaccine passport in this state for any purpose.

(c) The use of a vaccine passport shall not be a condition for entry, travel, education, or services.

Added by Act 2021, No. 1030,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-7-307 — AR Code / Title 20 / Chapter 7 / Subchapter 3 / Section 20-7-307
Penalties
Status: in_force

(a) (1) Any person, firm, corporation, organization, or institution that violates any of the provisions of this subchapter or any rules promulgated under this subchapter regarding confidentiality of information shall be guilty of a Class C misdemeanor. (2) Each day of violation shall constitute a separate offense. (b) Any person, firm, corporation, organization, or institution knowingly violating any of the provisions of this subchapter or any rules promulgated under this subchapter shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five hundred dollars ($500). (c) (1) Every person, firm, corporation, organization, or institution that violates any of the rules adopted by the State Board of Health or that violates any provision of this subchapter may be assessed a civil penalty by the board. (2) The civil penalty shall not exceed two hundred fifty dollars ($250) for each violation. (3) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1824, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1823, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1822, eff. 7/24/2019. Acts 1995, No. 670, § 3; 2005, No. 1994, § 243.

(a) (1) Any person, firm, corporation, organization, or institution that violates any of the provisions of this subchapter or any rules promulgated under this subchapter regarding confidentiality of information shall be guilty of a Class C misdemeanor. (2) Each day of violation shall constitute a separate offense.

(1) Any person, firm, corporation, organization, or institution that violates any of the provisions of this subchapter or any rules promulgated under this subchapter regarding confidentiality of information shall be guilty of a Class C misdemeanor.

(2) Each day of violation shall constitute a separate offense.

(b) Any person, firm, corporation, organization, or institution knowingly violating any of the provisions of this subchapter or any rules promulgated under this subchapter shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five hundred dollars ($500).

(c) (1) Every person, firm, corporation, organization, or institution that violates any of the rules adopted by the State Board of Health or that violates any provision of this subchapter may be assessed a civil penalty by the board. (2) The civil penalty shall not exceed two hundred fifty dollars ($250) for each violation. (3) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Every person, firm, corporation, organization, or institution that violates any of the rules adopted by the State Board of Health or that violates any provision of this subchapter may be assessed a civil penalty by the board.

(2) The civil penalty shall not exceed two hundred fifty dollars ($250) for each violation.

(3) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1824, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1823, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1822, eff. 7/24/2019.

Acts 1995, No. 670, § 3; 2005, No. 1994, § 243.
Ark. Code Ann. § 20-20-208 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-208
Licenses - Requirements generally - Exception
Status: in_force

(a) No person shall use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators without that person's first complying with the licensing requirements pursuant to §§ 20-20-209 - 20-20-211 , § 20-20-217 , or other restrictions as determined by the State Plant Board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other person, for that specific pesticide use. (b) No person working under the direct supervision of a certified applicator in accordance with § 20-20-203(26) shall be considered in violation of this section. Acts 1975, No. 389, § 7; A.S.A. 1947, § 77-257.

(a) No person shall use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators without that person's first complying with the licensing requirements pursuant to §§ 20-20-209 - 20-20-211 , § 20-20-217 , or other restrictions as determined by the State Plant Board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other person, for that specific pesticide use.

(b) No person working under the direct supervision of a certified applicator in accordance with § 20-20-203(26) shall be considered in violation of this section.

Acts 1975, No. 389, § 7; A.S.A. 1947, § 77-257.
Ark. Code Ann. § 20-27-1001 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1001
Purpose
Status: in_force

The purpose of this subchapter is to protect the public health and safety and the environment and to qualify the Division of Environmental Quality to adopt, administer, and enforce a program for licensing training providers involved with the training of regulated asbestos professionals, for licensing asbestos abatement consultants and asbestos abatement contractors, and for certifying air monitors, contractor-supervisors, inspectors, management planners, project designers, and workers involved with demolitions, renovations, and asbestos-response actions in which regulated asbestos-containing materials are disturbed in accordance with this subchapter, the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and rules issued pursuant thereto. Amended by Act 2019, No. 315,§ 2095, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3210, eff. 7/1/2019. Acts 1985, No. 394, § 1; A.S.A. 1947, § 82-1944; Acts 1987, No. 531, § 1; 1993, No. 817, § 1; 1997, No. 308, § 1; 1999, No. 1164, § 174.

The purpose of this subchapter is to protect the public health and safety and the environment and to qualify the Division of Environmental Quality to adopt, administer, and enforce a program for licensing training providers involved with the training of regulated asbestos professionals, for licensing asbestos abatement consultants and asbestos abatement contractors, and for certifying air monitors, contractor-supervisors, inspectors, management planners, project designers, and workers involved with demolitions, renovations, and asbestos-response actions in which regulated asbestos-containing materials are disturbed in accordance with this subchapter, the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and rules issued pursuant thereto.

Amended by Act 2019, No. 315,§ 2095, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3210, eff. 7/1/2019.

Acts 1985, No. 394, § 1; A.S.A. 1947, § 82-1944; Acts 1987, No. 531, § 1; 1993, No. 817, § 1; 1997, No. 308, § 1; 1999, No. 1164, § 174.
Ark. Code Ann. § 20-10-811 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-811
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1042,§ 1, eff. 7/24/2019. Acts 1987, No. 956, § 6.

Repealed by Act 2019, No. 1042,§ 1, eff. 7/24/2019.

Acts 1987, No. 956, § 6.
Ark. Code Ann. § 20-76-707 — AR Code / Title 20 / Chapter 76 / Subchapter 7 / Section 20-76-707
Positive drug test result not a disability
Status: in_force

An applicant or recipient who receives a positive result on a drug test administered under this subchapter shall not be deemed to have a disability because of the drug test result alone. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.

An applicant or recipient who receives a positive result on a drug test administered under this subchapter shall not be deemed to have a disability because of the drug test result alone.

Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-10-1504 — AR Code / Title 20 / Chapter 10 / Subchapter 15 / Section 20-10-1504
Disclosure of treatment offered
Status: in_force

(a) (1) Any facility having an Alzheimer's special care unit shall be required to disclose the form of care or treatment provided to or for persons with a diagnosis of probable Alzheimer's disease or related dementia. (2) (A) The disclosure shall be made to the Office of Long-Term Care and to any person or the person's guardian or relative seeking placement within an Alzheimer's special care unit. (B) The office shall examine all such disclosures as part of the facility's license renewal procedure and verify their accuracy. (b) Each disclosure shall explain the additional care provided in each of the following areas: (1) Treatment philosophy: The Alzheimer's special care unit's or program's written statement of its overall treatment philosophy and mission which reflects the needs of residents afflicted with dementia; (2) Screening, admission, and discharge procedures, assessment, planning and implementation of care, staffing patterns, and training ratios unique to the unit; (3) Physical environment and design features appropriate to support the functioning of cognitively impaired adult residents; (4) The frequency and types of resident activities; (5) The involvement of families and the availability of family support programs; and (6) The costs of care and any additional fees unique to the Alzheimer's special care unit or program. (c) (1) If a facility having an Alzheimer's special care unit does not meet those specific standards established by the office, the office shall instruct the facility to immediately cease advertising or holding itself out as having one (1) or more special programs for residents with a diagnosis of probable Alzheimer's disease or related dementia. (2) If the facility fails or refuses to comply with instructions from the office, the office may sue in the name of the state the facility and any owner, manager, or director of the facility to enjoin the facility from advertising or holding itself out as having one (1) or more special programs for residents with a diagnosis of probable Alzheimer's disease or related dementia. Acts 1999, No. 484, § 4; 2001, No. 500, § 3.

(a) (1) Any facility having an Alzheimer's special care unit shall be required to disclose the form of care or treatment provided to or for persons with a diagnosis of probable Alzheimer's disease or related dementia. (2) (A) The disclosure shall be made to the Office of Long-Term Care and to any person or the person's guardian or relative seeking placement within an Alzheimer's special care unit. (B) The office shall examine all such disclosures as part of the facility's license renewal procedure and verify their accuracy.

(1) Any facility having an Alzheimer's special care unit shall be required to disclose the form of care or treatment provided to or for persons with a diagnosis of probable Alzheimer's disease or related dementia.

(2) (A) The disclosure shall be made to the Office of Long-Term Care and to any person or the person's guardian or relative seeking placement within an Alzheimer's special care unit. (B) The office shall examine all such disclosures as part of the facility's license renewal procedure and verify their accuracy.

(A) The disclosure shall be made to the Office of Long-Term Care and to any person or the person's guardian or relative seeking placement within an Alzheimer's special care unit.

(B) The office shall examine all such disclosures as part of the facility's license renewal procedure and verify their accuracy.

(b) Each disclosure shall explain the additional care provided in each of the following areas: (1) Treatment philosophy: The Alzheimer's special care unit's or program's written statement of its overall treatment philosophy and mission which reflects the needs of residents afflicted with dementia; (2) Screening, admission, and discharge procedures, assessment, planning and implementation of care, staffing patterns, and training ratios unique to the unit; (3) Physical environment and design features appropriate to support the functioning of cognitively impaired adult residents; (4) The frequency and types of resident activities; (5) The involvement of families and the availability of family support programs; and (6) The costs of care and any additional fees unique to the Alzheimer's special care unit or program.

(1) Treatment philosophy: The Alzheimer's special care unit's or program's written statement of its overall treatment philosophy and mission which reflects the needs of residents afflicted with dementia;

(2) Screening, admission, and discharge procedures, assessment, planning and implementation of care, staffing patterns, and training ratios unique to the unit;

(3) Physical environment and design features appropriate to support the functioning of cognitively impaired adult residents;

(4) The frequency and types of resident activities;

(5) The involvement of families and the availability of family support programs; and

(6) The costs of care and any additional fees unique to the Alzheimer's special care unit or program.

(c) (1) If a facility having an Alzheimer's special care unit does not meet those specific standards established by the office, the office shall instruct the facility to immediately cease advertising or holding itself out as having one (1) or more special programs for residents with a diagnosis of probable Alzheimer's disease or related dementia. (2) If the facility fails or refuses to comply with instructions from the office, the office may sue in the name of the state the facility and any owner, manager, or director of the facility to enjoin the facility from advertising or holding itself out as having one (1) or more special programs for residents with a diagnosis of probable Alzheimer's disease or related dementia.

(1) If a facility having an Alzheimer's special care unit does not meet those specific standards established by the office, the office shall instruct the facility to immediately cease advertising or holding itself out as having one (1) or more special programs for residents with a diagnosis of probable Alzheimer's disease or related dementia.

(2) If the facility fails or refuses to comply with instructions from the office, the office may sue in the name of the state the facility and any owner, manager, or director of the facility to enjoin the facility from advertising or holding itself out as having one (1) or more special programs for residents with a diagnosis of probable Alzheimer's disease or related dementia.

Acts 1999, No. 484, § 4; 2001, No. 500, § 3.
Ark. Code Ann. § 20-10-801 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-801
Definitions
Status: in_force

As used in this subchapter: (1) "Agency" means any person, partnership, association, corporation, or other organization, whether public or private, proprietary or nonprofit; (2) "Class A license" means that the applicant is at the time of filing an application a Medicare-certified home health agency. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services; (3) "Class B license" means that the application shall show proof of the services provided and the geographical territory in which those services have been provided as of July 20, 1987, and that the applicant shall have requested a survey for the purpose of confirming the services provided and territory covered; (4) "Division" means the Division of Health Facilities Services; (5) "Home healthcare services" means the providing or coordinating of acute, restorative, rehabilitative, maintenance, preventive, or health promotion services through professional nursing or by other therapeutic services such as physical therapy, occupational therapy, speech therapy, home health aide, or personal services in a client's residence; (6) "Home healthcare services agency" means an agency licensed to provide home healthcare services; (7) "Place of business" means any office of a home health agency including subunits; (8) "Residence" means a place where a person resides, including a home, nursing home, or convalescent home for the disabled or aged; and (9) "Subunit" means an organization of an agency that provides home healthcare services and which serves patients in a geographic area different from that of the agency. Acts 1987, No. 956, § 1.

As used in this subchapter:

(1) "Agency" means any person, partnership, association, corporation, or other organization, whether public or private, proprietary or nonprofit;

(2) "Class A license" means that the applicant is at the time of filing an application a Medicare-certified home health agency. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services;

(3) "Class B license" means that the application shall show proof of the services provided and the geographical territory in which those services have been provided as of July 20, 1987, and that the applicant shall have requested a survey for the purpose of confirming the services provided and territory covered;

(4) "Division" means the Division of Health Facilities Services;

(5) "Home healthcare services" means the providing or coordinating of acute, restorative, rehabilitative, maintenance, preventive, or health promotion services through professional nursing or by other therapeutic services such as physical therapy, occupational therapy, speech therapy, home health aide, or personal services in a client's residence;

(6) "Home healthcare services agency" means an agency licensed to provide home healthcare services;

(7) "Place of business" means any office of a home health agency including subunits;

(8) "Residence" means a place where a person resides, including a home, nursing home, or convalescent home for the disabled or aged; and

(9) "Subunit" means an organization of an agency that provides home healthcare services and which serves patients in a geographic area different from that of the agency.

Acts 1987, No. 956, § 1.
Ark. Code Ann. § 20-15-301 — AR Code / Title 20 / Chapter 15 / Subchapter 3 / Section 20-15-301
Injunction
Status: in_force

The State Board of Health shall have the power to enforce this subchapter by appropriate action for injunction in the circuit courts of this state. Acts 1967, No. 192, § 4; A.S.A. 1947, § 82-628.

The State Board of Health shall have the power to enforce this subchapter by appropriate action for injunction in the circuit courts of this state.

Acts 1967, No. 192, § 4; A.S.A. 1947, § 82-628.
Ark. Code Ann. § 20-46-104 — AR Code / Title 20 / Chapter 46 / Subchapter 1 / Section 20-46-104
Records of Arkansas State Hospital confidential
Status: in_force

(a) The records, reports, statements, notes, and other information furnished to the Arkansas State Hospital and its divisions for mental research by individuals, by private, public, or governmental hospitals, and by other agencies for the purpose of mental research are not admissible as evidence in any court or in any administrative hearing or procedure. The employees or agents of the Arkansas State Hospital shall not be compelled to divulge any of the records, reports, statements, notes, or other information. All individuals, private, public, or governmental hospitals, or other agencies that furnish the records, statements, notes, or other information shall not be held liable for the reportings to the Arkansas State Hospital and its divisions. (b) All records, reports, statements, notes, and other information which has been assembled or procured by the Arkansas State Hospital and its divisions for the purpose of research and study which name or otherwise identify any persons and any confidential records within the custody and control of the Arkansas State Hospital or its authorized agents and employees may be used only for the purpose of research and study for which assembled or procured. (c) It is unlawful for any person to give away or otherwise to disclose to any person who is not engaged in research and study at the Arkansas State Hospital and its divisions as described in this section any of the records, reports, statements, notes, or other information which name or otherwise identify any person or any confidential records. (d) Any person who violates any provision of this act is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500) and imprisoned not more than six (6) months, or both. (e) (1) Nothing in this section applies to or restricts the use or publicizing of statistics, data, or other materials which summarize or refer to any records, reports, statements, notes, or other information in the aggregate and which do not refer to or disclose the identity of any individual person. (2) 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, § 11; A.S.A. 1947, § 59-311.

(a) The records, reports, statements, notes, and other information furnished to the Arkansas State Hospital and its divisions for mental research by individuals, by private, public, or governmental hospitals, and by other agencies for the purpose of mental research are not admissible as evidence in any court or in any administrative hearing or procedure. The employees or agents of the Arkansas State Hospital shall not be compelled to divulge any of the records, reports, statements, notes, or other information. All individuals, private, public, or governmental hospitals, or other agencies that furnish the records, statements, notes, or other information shall not be held liable for the reportings to the Arkansas State Hospital and its divisions.

(b) All records, reports, statements, notes, and other information which has been assembled or procured by the Arkansas State Hospital and its divisions for the purpose of research and study which name or otherwise identify any persons and any confidential records within the custody and control of the Arkansas State Hospital or its authorized agents and employees may be used only for the purpose of research and study for which assembled or procured.

(c) It is unlawful for any person to give away or otherwise to disclose to any person who is not engaged in research and study at the Arkansas State Hospital and its divisions as described in this section any of the records, reports, statements, notes, or other information which name or otherwise identify any person or any confidential records.

(d) Any person who violates any provision of this act is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500) and imprisoned not more than six (6) months, or both.

(e) (1) Nothing in this section applies to or restricts the use or publicizing of statistics, data, or other materials which summarize or refer to any records, reports, statements, notes, or other information in the aggregate and which do not refer to or disclose the identity of any individual person. (2) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.

(1) Nothing in this section applies to or restricts the use or publicizing of statistics, data, or other materials which summarize or refer to any records, reports, statements, notes, or other information in the aggregate and which do not refer to or disclose the identity of any individual person.

(2) 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, § 11; A.S.A. 1947, § 59-311.
Ark. Code Ann. § 20-15-903 — AR Code / Title 20 / Chapter 15 / Subchapter 9 / Section 20-15-903
Advising physician or dentist required - Penalty
Status: in_force

(a) Before receiving any healthcare services of a physician or dentist, any person who is found to have human immunodeficiency virus (HIV) infection shall advise the physician or dentist that the person has human immunodeficiency virus (HIV) infection. (b) Any person failing or refusing to comply with the provisions of subsection (a) of this section shall be guilty of a Class A misdemeanor and punished accordingly. Acts 1989, No. 413, §§ 1, 2.

(a) Before receiving any healthcare services of a physician or dentist, any person who is found to have human immunodeficiency virus (HIV) infection shall advise the physician or dentist that the person has human immunodeficiency virus (HIV) infection.

(b) Any person failing or refusing to comply with the provisions of subsection (a) of this section shall be guilty of a Class A misdemeanor and punished accordingly.

Acts 1989, No. 413, §§ 1, 2.
Ark. Code Ann. § 20-13-820 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-820
Reports to the General Assembly
Status: in_force

The Secretary of the Department of Health shall provide a report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before April 1 and October 1 of each year through 2011. After 2011, the secretary shall provide an annual report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before October 1. Amended by Act 2019, No. 910,§ 4989, eff. 7/1/2019. Acts 2009, No. 393, § 1.

The Secretary of the Department of Health shall provide a report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before April 1 and October 1 of each year through 2011. After 2011, the secretary shall provide an annual report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before October 1.

Amended by Act 2019, No. 910,§ 4989, eff. 7/1/2019.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-22-811 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-811
Training requirements
Status: in_force

(a) (1) After January 1, 2004, no person shall be hired as a full-time firefighter by any local government firefighting unit for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours unless that person is certified as having completed the mandatory training requirements in subsection (c) of this section. (2) Any state agency or political subdivision that employs a person as a firefighter for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours who does not meet the requirements of subsection (c) of this section is prohibited from performing the duties of fire suppression, rescue, pump operations, or other fire ground activities as described in § 20-22-802(5) . (3) The Arkansas Fire Protection Services Board may grant an extension to individuals employed within the guidelines as established by the board. (b) Firefighters serving as full-time employees before January 1, 2004, in a local firefighting unit shall not be required to meet the minimum requirements in subsection (c) of this section. (c) (1) The uniform training standards for entry level, full-time firefighters shall consist of satisfactory completion of a training program administered by the Arkansas Fire Training Academy which shall utilize the "National Fire Protection Association 1001: Standard for Fire Fighter Professional Qualifications". (2) The academy shall be the certifying agency for fire service personnel. (3) Any person seeking employment from another state shall submit his or her certification to the academy for review and approval. Acts 2003, No. 1396, § 2.

(a) (1) After January 1, 2004, no person shall be hired as a full-time firefighter by any local government firefighting unit for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours unless that person is certified as having completed the mandatory training requirements in subsection (c) of this section. (2) Any state agency or political subdivision that employs a person as a firefighter for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours who does not meet the requirements of subsection (c) of this section is prohibited from performing the duties of fire suppression, rescue, pump operations, or other fire ground activities as described in § 20-22-802(5) . (3) The Arkansas Fire Protection Services Board may grant an extension to individuals employed within the guidelines as established by the board.

(1) After January 1, 2004, no person shall be hired as a full-time firefighter by any local government firefighting unit for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours unless that person is certified as having completed the mandatory training requirements in subsection (c) of this section.

(2) Any state agency or political subdivision that employs a person as a firefighter for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours who does not meet the requirements of subsection (c) of this section is prohibited from performing the duties of fire suppression, rescue, pump operations, or other fire ground activities as described in § 20-22-802(5) .

(3) The Arkansas Fire Protection Services Board may grant an extension to individuals employed within the guidelines as established by the board.

(b) Firefighters serving as full-time employees before January 1, 2004, in a local firefighting unit shall not be required to meet the minimum requirements in subsection (c) of this section.

(c) (1) The uniform training standards for entry level, full-time firefighters shall consist of satisfactory completion of a training program administered by the Arkansas Fire Training Academy which shall utilize the "National Fire Protection Association 1001: Standard for Fire Fighter Professional Qualifications". (2) The academy shall be the certifying agency for fire service personnel. (3) Any person seeking employment from another state shall submit his or her certification to the academy for review and approval.

(1) The uniform training standards for entry level, full-time firefighters shall consist of satisfactory completion of a training program administered by the Arkansas Fire Training Academy which shall utilize the "National Fire Protection Association 1001: Standard for Fire Fighter Professional Qualifications".

(2) The academy shall be the certifying agency for fire service personnel.

(3) Any person seeking employment from another state shall submit his or her certification to the academy for review and approval.

Acts 2003, No. 1396, § 2.
Ark. Code Ann. § 20-16-1806 — AR Code / Title 20 / Chapter 16 / Subchapter 18 / Section 20-16-1806
Protection of privacy in court proceedings
Status: in_force

(a) In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent. (b) (1) Upon determining that the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard from public disclosure the identity of the woman who received or attempted to receive a dismemberment abortion. (2) An order under subdivision (b)(1) of this section shall be accompanied by specific written findings explaining: (A) Why the anonymity of the woman who received or attempted to receive a dismemberment abortion should be preserved from public disclosure; (B) Why the order is essential to that end; (C) How the order is narrowly tailored to serve that end; and (D) Why no reasonable, less restrictive alternative exists. (3) In the absence of written consent of the woman who received or attempted to receive a dismemberment abortion, anyone other than a public official who brings an action under § 20-16-1804 shall bring the action under a pseudonym. (4) This subsection does not conceal from the defendant the identity of the plaintiff or of a witness. Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.

(a) In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent.

(b) (1) Upon determining that the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard from public disclosure the identity of the woman who received or attempted to receive a dismemberment abortion. (2) An order under subdivision (b)(1) of this section shall be accompanied by specific written findings explaining: (A) Why the anonymity of the woman who received or attempted to receive a dismemberment abortion should be preserved from public disclosure; (B) Why the order is essential to that end; (C) How the order is narrowly tailored to serve that end; and (D) Why no reasonable, less restrictive alternative exists. (3) In the absence of written consent of the woman who received or attempted to receive a dismemberment abortion, anyone other than a public official who brings an action under § 20-16-1804 shall bring the action under a pseudonym. (4) This subsection does not conceal from the defendant the identity of the plaintiff or of a witness.

(1) Upon determining that the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard from public disclosure the identity of the woman who received or attempted to receive a dismemberment abortion.

(2) An order under subdivision (b)(1) of this section shall be accompanied by specific written findings explaining: (A) Why the anonymity of the woman who received or attempted to receive a dismemberment abortion should be preserved from public disclosure; (B) Why the order is essential to that end; (C) How the order is narrowly tailored to serve that end; and (D) Why no reasonable, less restrictive alternative exists.

(A) Why the anonymity of the woman who received or attempted to receive a dismemberment abortion should be preserved from public disclosure;

(B) Why the order is essential to that end;

(C) How the order is narrowly tailored to serve that end; and

(D) Why no reasonable, less restrictive alternative exists.

(3) In the absence of written consent of the woman who received or attempted to receive a dismemberment abortion, anyone other than a public official who brings an action under § 20-16-1804 shall bring the action under a pseudonym.

(4) This subsection does not conceal from the defendant the identity of the plaintiff or of a witness.

Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-13-201 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-201
Title
Status: in_force

This subchapter may be cited as the "Emergency Medical Services Act". Acts 1975, No. 435, § 1; A.S.A. 1947, § 82-3401.

This subchapter may be cited as the "Emergency Medical Services Act".

Acts 1975, No. 435, § 1; A.S.A. 1947, § 82-3401.
Ark. Code Ann. § 20-6-110 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-110
Disclosure of medical or other healthcare information
Status: in_force

Unless otherwise specified in an advance directive, a person authorized to make healthcare decisions for a principal has the same rights as the principal to request, receive, examine, copy, and consent to the disclosure of medical or any other healthcare information. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

Unless otherwise specified in an advance directive, a person authorized to make healthcare decisions for a principal has the same rights as the principal to request, receive, examine, copy, and consent to the disclosure of medical or any other healthcare information.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-26-306 — AR Code / Title 20 / Chapter 26 / Subchapter 3 / Section 20-26-306
Disposition of proceeds in excess of lien
Status: in_force

After satisfying the lien and any costs that may accrue, any residue remaining shall, on demand within six (6) months, be paid to the guest or boarder. If not so demanded within six (6) months from the date of the sale, the residue shall be deposited by the innkeeper or hotelkeeper with the treasurer of the county in which the inn or hotel is situated, together with a statement of the innkeeper's claim and the cost of enforcing it, a copy of the published notice, and of the amounts received for the goods sold at the sale. The residue shall, by the county treasurer, be credited to the general revenue fund of the county, subject to a right of the guest or boarder, or his or her representative, to reclaim at any time within three (3) years of the date of deposit with the county treasurer. Acts 1913, No. 217, § 2e; C. & M. Dig., § 5570; Pope's Dig., § 7208; A.S.A. 1947, § 71-1113.

After satisfying the lien and any costs that may accrue, any residue remaining shall, on demand within six (6) months, be paid to the guest or boarder. If not so demanded within six (6) months from the date of the sale, the residue shall be deposited by the innkeeper or hotelkeeper with the treasurer of the county in which the inn or hotel is situated, together with a statement of the innkeeper's claim and the cost of enforcing it, a copy of the published notice, and of the amounts received for the goods sold at the sale. The residue shall, by the county treasurer, be credited to the general revenue fund of the county, subject to a right of the guest or boarder, or his or her representative, to reclaim at any time within three (3) years of the date of deposit with the county treasurer.

Acts 1913, No. 217, § 2e; C. & M. Dig., § 5570; Pope's Dig., § 7208; A.S.A. 1947, § 71-1113.
Ark. Code Ann. § 20-23-307 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-307
New boilers and unfired pressure vessels - Permit required
Status: in_force

(a) Every manufacturer, contractor, jobber, owner, or user of a boiler or unfired pressure vessel or pressure piping system shall obtain a permit from the Boiler Inspection Division before any boiler or unfired pressure vessel or pressure piping system may be installed or moved and installed in the State of Arkansas. (b) When new boilers or unfired pressure vessels are to be installed, the manufacturer's data report for each boiler and unfired pressure vessel shall be submitted with the application for installation. (c) No boiler or unfired pressure vessel or pressure piping may be installed without approval from the division. Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1993, No. 477, § 5; 1999, No. 982, § 13.

(a) Every manufacturer, contractor, jobber, owner, or user of a boiler or unfired pressure vessel or pressure piping system shall obtain a permit from the Boiler Inspection Division before any boiler or unfired pressure vessel or pressure piping system may be installed or moved and installed in the State of Arkansas.

(b) When new boilers or unfired pressure vessels are to be installed, the manufacturer's data report for each boiler and unfired pressure vessel shall be submitted with the application for installation.

(c) No boiler or unfired pressure vessel or pressure piping may be installed without approval from the division.

Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1993, No. 477, § 5; 1999, No. 982, § 13.
Ark. Code Ann. § 20-19-312 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-312
State Board of Health's authority to regulate
Status: in_force

(a) The State Board of Health shall adopt rules necessary to carry out this subchapter, with subsequent amendments as needed. (b) The Arkansas Livestock and Poultry Commission may adopt rules as are necessary pertaining to dogs and cats transported or moved into Arkansas for any purpose. Acts 1968 (1st Ex. Sess.), No. 11, § 8; A.S.A. 1947, § 82-2408; Acts 2011, No. 93, § 3.

(a) The State Board of Health shall adopt rules necessary to carry out this subchapter, with subsequent amendments as needed.

(b) The Arkansas Livestock and Poultry Commission may adopt rules as are necessary pertaining to dogs and cats transported or moved into Arkansas for any purpose.

Acts 1968 (1st Ex. Sess.), No. 11, § 8; A.S.A. 1947, § 82-2408; Acts 2011, No. 93, § 3.
Ark. Code Ann. § 20-15-1107 — AR Code / Title 20 / Chapter 15 / Subchapter 11 / Section 20-15-1107
Immunity
Status: in_force

Any person or entity who reports in good faith and without malice or who in good faith and without malice fails to report the information required by this subchapter shall have immunity from any liability, civil or criminal, that might be incurred or imposed in any action resulting from such a report. Any such person or entity shall have the same immunity with respect to participation in any judicial proceeding resulting from such a report. Acts 1993, No. 1096, § 7.

Any person or entity who reports in good faith and without malice or who in good faith and without malice fails to report the information required by this subchapter shall have immunity from any liability, civil or criminal, that might be incurred or imposed in any action resulting from such a report. Any such person or entity shall have the same immunity with respect to participation in any judicial proceeding resulting from such a report.

Acts 1993, No. 1096, § 7.
Ark. Code Ann. § 20-19-302 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-302
Definitions
Status: in_force

As used in this subchapter: (1) "Animal" means any animal other than dogs or cats that may be affected by rabies; (2) "Cats" means any domestic feline animal, species Felis catus; (3) "Dogs" means any domestic canine animal, species Canis lupus familiaris; (4) "Has been bitten" means the skin has been penetrated by an animal's teeth and saliva has contacted a break or abrasion of the skin; (5) "Owner" means any person who: (A) Has a right of property in a dog, cat, or other animal; (B) Keeps, harbors, cares for, or acts as the custodian of a dog, cat, or other animal; or (C) Knowingly permits a dog, cat, or other animal to remain on or about any premises occupied by him or her; and (6) "Vaccination against rabies" means the injection, subcutaneously or otherwise, of antirabic vaccine, as approved by the United States Department of Agriculture or the State Board of Health and administered by a licensed veterinarian, veterinary technician, veterinary technologist, veterinary technician specialist, or agent of the Department of Health. Amended by Act 2023, No. 161,§ 5, eff. 8/1/2023. Acts 1968 (1st Ex. Sess.), No. 11, § 2; 1975, No. 725, § 1; A.S.A. 1947, § 82-2402; Acts 2009, No. 159, § 2; 2011, No. 93, § 1.

As used in this subchapter:

(1) "Animal" means any animal other than dogs or cats that may be affected by rabies;

(2) "Cats" means any domestic feline animal, species Felis catus;

(3) "Dogs" means any domestic canine animal, species Canis lupus familiaris;

(4) "Has been bitten" means the skin has been penetrated by an animal's teeth and saliva has contacted a break or abrasion of the skin;

(5) "Owner" means any person who: (A) Has a right of property in a dog, cat, or other animal; (B) Keeps, harbors, cares for, or acts as the custodian of a dog, cat, or other animal; or (C) Knowingly permits a dog, cat, or other animal to remain on or about any premises occupied by him or her; and

(A) Has a right of property in a dog, cat, or other animal;

(B) Keeps, harbors, cares for, or acts as the custodian of a dog, cat, or other animal; or

(C) Knowingly permits a dog, cat, or other animal to remain on or about any premises occupied by him or her; and

(6) "Vaccination against rabies" means the injection, subcutaneously or otherwise, of antirabic vaccine, as approved by the United States Department of Agriculture or the State Board of Health and administered by a licensed veterinarian, veterinary technician, veterinary technologist, veterinary technician specialist, or agent of the Department of Health.

Amended by Act 2023, No. 161,§ 5, eff. 8/1/2023.

Acts 1968 (1st Ex. Sess.), No. 11, § 2; 1975, No. 725, § 1; A.S.A. 1947, § 82-2402; Acts 2009, No. 159, § 2; 2011, No. 93, § 1.
Ark. Code Ann. § 20-76-117 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-117
Child support - Supplemental Nutrition Assistance Program
Status: in_force

The Department of Human Services shall require a custodial parent or noncustodial parent to cooperate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration as a condition of eligibility for the Supplemental Nutrition Assistance Program as authorized under 7 C.F.R. § 273.11 , as it existed on January 1, 2019. Added by Act 2019, No. 1043,§ 1, eff. 7/24/2019.

The Department of Human Services shall require a custodial parent or noncustodial parent to cooperate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration as a condition of eligibility for the Supplemental Nutrition Assistance Program as authorized under 7 C.F.R. § 273.11 , as it existed on January 1, 2019.

Added by Act 2019, No. 1043,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-6-114 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-114
Presumptions not created - Death that results from withholding or withdrawal of health care does not constitute suicide, euthanasia, homicide, mercy killing, or assisted suicide
Status: in_force

(a) This subchapter does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive. (b) Notwithstanding any term of an insurance policy or annuity to the contrary, a death resulting from the withholding or withdrawal of health care in accordance with this subchapter does not constitute a suicide or homicide or legally impair or invalidate an insurance policy or an annuity providing a death benefit. (c) The withholding or withdrawal of medical care from a principal in accordance with this subchapter does not constitute a suicide, euthanasia, homicide, mercy killing, or assisted suicide. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) This subchapter does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive.

(b) Notwithstanding any term of an insurance policy or annuity to the contrary, a death resulting from the withholding or withdrawal of health care in accordance with this subchapter does not constitute a suicide or homicide or legally impair or invalidate an insurance policy or an annuity providing a death benefit.

(c) The withholding or withdrawal of medical care from a principal in accordance with this subchapter does not constitute a suicide, euthanasia, homicide, mercy killing, or assisted suicide.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-16-1907 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1907
Exclusion of liability for a woman who undergoes prohibited abortion
Status: in_force

(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation. (b) In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims. (c) (1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure. (2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of the individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure. (3) In the absence of written consent of the woman who receives or attempts to receive an abortion in violation of this subchapter, a person who initiates a proceeding or action under § 20-16-1906(b) or § 20-16-1906(d) shall do so under a pseudonym. Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation.

(b) In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims.

(c) (1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure. (2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of the individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure. (3) In the absence of written consent of the woman who receives or attempts to receive an abortion in violation of this subchapter, a person who initiates a proceeding or action under § 20-16-1906(b) or § 20-16-1906(d) shall do so under a pseudonym.

(1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure.

(2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of the individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure.

(3) In the absence of written consent of the woman who receives or attempts to receive an abortion in violation of this subchapter, a person who initiates a proceeding or action under § 20-16-1906(b) or § 20-16-1906(d) shall do so under a pseudonym.

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-8-107 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-107
Expansion of facilities or services
Status: in_force

(a) Unless otherwise provided in this subchapter, all health facilities seeking to add new beds or perform additional home health services or to expand existing bed capacity shall apply for a permit approving additional beds or services or expanded bed capacity or services pursuant to procedures and criteria promulgated by the Health Services Permit Commission, except an additional permit shall not be required for home health services agencies currently licensed by the Department of Health to expand geographic service areas if the home health services agency has a primary or branch office located within one hundred (100) miles of the location of the services. (b) The commission may authorize the Health Services Permit Agency to enjoin construction or expansion of existing facilities of any project commenced in violation of this subchapter through an action filed in the circuit court of the judicial district in which the project is located. (c) In no event shall the requirements of this subchapter apply to any facility licensed or approved as of March 1, 2003, by the Child Welfare Agency Review Board pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq., and as specifically exempted by § 9-28-407(a)(3) . (d) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications or requests for permits of approval to add new beds or to expand existing bed capacity of residential care facilities. Amended by Act 2021, No. 817,§ 1, eff. 7/28/2021. Acts 1987, No. 593, § 7; 1987 (1st Ex. Sess.), No. 40, § 7; 2003, No. 1285, § 2; 2005, No. 1669, § 2.

(a) Unless otherwise provided in this subchapter, all health facilities seeking to add new beds or perform additional home health services or to expand existing bed capacity shall apply for a permit approving additional beds or services or expanded bed capacity or services pursuant to procedures and criteria promulgated by the Health Services Permit Commission, except an additional permit shall not be required for home health services agencies currently licensed by the Department of Health to expand geographic service areas if the home health services agency has a primary or branch office located within one hundred (100) miles of the location of the services.

(b) The commission may authorize the Health Services Permit Agency to enjoin construction or expansion of existing facilities of any project commenced in violation of this subchapter through an action filed in the circuit court of the judicial district in which the project is located.

(c) In no event shall the requirements of this subchapter apply to any facility licensed or approved as of March 1, 2003, by the Child Welfare Agency Review Board pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq., and as specifically exempted by § 9-28-407(a)(3) .

(d) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications or requests for permits of approval to add new beds or to expand existing bed capacity of residential care facilities.

Amended by Act 2021, No. 817,§ 1, eff. 7/28/2021.

Acts 1987, No. 593, § 7; 1987 (1st Ex. Sess.), No. 40, § 7; 2003, No. 1285, § 2; 2005, No. 1669, § 2.
Ark. Code Ann. § 20-8-102 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-102
Health Services Permit Commission - Creation - Members - Meetings
Status: in_force

(a) There is established the Health Services Permit Commission. (b) The commission shall be composed of the following membership appointed by the Governor and confirmed by the Senate: (1) A retired or practicing physician; (2) A representative of the Department of Human Services or his or her designee; (3) A member of the Arkansas Hospital Association, Inc.; (4) A member of the Arkansas Health Care Association; (5) A member of the Arkansas chapter of AARP, Inc.; (6) A member of the HomeCare Association of Arkansas; (7) A consumer knowledgeable in business health insurance; (8) A member of the Arkansas Residential Assisted Living Association, Inc.; and (9) A member of the Hospice and Palliative Care Association of Arkansas, Inc. (c) (1) All appointments shall be for four-year terms. (2) No member shall be appointed to serve more than two (2) consecutive full terms. (d) The members shall serve without pay, but those members not employed by the State of Arkansas may receive expense reimbursement in accordance with § 25-16-901 et seq. (e) The commission shall meet at least quarterly and at such other times as necessary to carry out its duties under this subchapter. The commission shall elect one (1) of its members as chair, and by appropriate adoption of bylaws and rules, may provide for the time, place, and manner of calling its meetings. Amended by Act 2019, No. 957,§ 1, eff. 7/24/2019. Acts 1987, No. 593, § 2; 1987 (1st Ex. Sess.), No. 40, § 3; 1991, No. 623, § 1; 1997, No. 250, § 179; 2001, No. 632, § 1; 2001, No. 1800, § 7.

(a) There is established the Health Services Permit Commission.

(b) The commission shall be composed of the following membership appointed by the Governor and confirmed by the Senate: (1) A retired or practicing physician; (2) A representative of the Department of Human Services or his or her designee; (3) A member of the Arkansas Hospital Association, Inc.; (4) A member of the Arkansas Health Care Association; (5) A member of the Arkansas chapter of AARP, Inc.; (6) A member of the HomeCare Association of Arkansas; (7) A consumer knowledgeable in business health insurance; (8) A member of the Arkansas Residential Assisted Living Association, Inc.; and (9) A member of the Hospice and Palliative Care Association of Arkansas, Inc.

(1) A retired or practicing physician;

(2) A representative of the Department of Human Services or his or her designee;

(3) A member of the Arkansas Hospital Association, Inc.;

(4) A member of the Arkansas Health Care Association;

(5) A member of the Arkansas chapter of AARP, Inc.;

(6) A member of the HomeCare Association of Arkansas;

(7) A consumer knowledgeable in business health insurance;

(8) A member of the Arkansas Residential Assisted Living Association, Inc.; and

(9) A member of the Hospice and Palliative Care Association of Arkansas, Inc.

(c) (1) All appointments shall be for four-year terms. (2) No member shall be appointed to serve more than two (2) consecutive full terms.

(1) All appointments shall be for four-year terms.

(2) No member shall be appointed to serve more than two (2) consecutive full terms.

(d) The members shall serve without pay, but those members not employed by the State of Arkansas may receive expense reimbursement in accordance with § 25-16-901 et seq.

(e) The commission shall meet at least quarterly and at such other times as necessary to carry out its duties under this subchapter. The commission shall elect one (1) of its members as chair, and by appropriate adoption of bylaws and rules, may provide for the time, place, and manner of calling its meetings.

Amended by Act 2019, No. 957,§ 1, eff. 7/24/2019.

Acts 1987, No. 593, § 2; 1987 (1st Ex. Sess.), No. 40, § 3; 1991, No. 623, § 1; 1997, No. 250, § 179; 2001, No. 632, § 1; 2001, No. 1800, § 7.
Ark. Code Ann. § 20-60-305 — AR Code / Title 20 / Chapter 60 / Subchapter 3 / Section 20-60-305
Acceptance service - Availability
Status: in_force

The acceptance service shall be made available to all official establishments operating under the direct supervision of the Department of Agriculture under the provisions of the Arkansas Meat and Meat Products Inspection Act, § 20-60-201 et seq. Amended by Act 2021, No. 418,§ 3, eff. 3/23/2021. Acts 1971, No. 468, § 4; A.S.A. 1947, § 82-2021.

The acceptance service shall be made available to all official establishments operating under the direct supervision of the Department of Agriculture under the provisions of the Arkansas Meat and Meat Products Inspection Act, § 20-60-201 et seq.

Amended by Act 2021, No. 418,§ 3, eff. 3/23/2021.

Acts 1971, No. 468, § 4; A.S.A. 1947, § 82-2021.
Ark. Code Ann. § 20-64-1102 — AR Code / Title 20 / Chapter 64 / Subchapter 11 / Section 20-64-1102
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 73, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 113, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 47, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 47, eff. 5/23/2016. Amended by Act 2013, No. 1107,§ 42, eff. 8/16/2013. Acts 2007, No. 629, § 1.

Repealed by Act 2019, No. 389,§ 73, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 113, eff. 8/1/2017.

Amended by Act 2016EX3, No. 3,§ 47, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 47, eff. 5/23/2016.

Amended by Act 2013, No. 1107,§ 42, eff. 8/16/2013.

Acts 2007, No. 629, § 1.
Ark. Code Ann. § 20-25-112 — AR Code / Title 20 / Chapter 25 / Section 20-25-112
Disposition of funds
Status: in_force

All fees collected by the Director of the Arkansas Manufactured Home Commission under this chapter shall be deposited into the State Treasury. The Treasurer of State shall credit the amount paid into a special fund to be designated the "Manufactured Home Standards Fund" from which appropriations shall be made for the administration of this chapter. Acts 1977, No. 419, § 9; 1981, No. 533, § 9; A.S.A. 1947, § 82-3023.

All fees collected by the Director of the Arkansas Manufactured Home Commission under this chapter shall be deposited into the State Treasury. The Treasurer of State shall credit the amount paid into a special fund to be designated the "Manufactured Home Standards Fund" from which appropriations shall be made for the administration of this chapter.

Acts 1977, No. 419, § 9; 1981, No. 533, § 9; A.S.A. 1947, § 82-3023.
Ark. Code Ann. § 20-59-403 — AR Code / Title 20 / Chapter 59 / Subchapter 4 / Section 20-59-403
Division of Environmental Health Protection - Regulatory powers and duties
Status: in_force

(a) The Division of Environmental Health Protection of the Department of Health shall assume all regulatory duties, powers, and responsibilities pertaining to production and distribution of Grade "A" milk and milk products in this state. (b) The division shall provide Grade "A" milk permits, inspection, and laboratory services to all qualified Grade "A" milk plants, producers, producer-distributors, distributors, milk haulers, receiving stations, and transfer stations. Acts 1981, No. 587, § 2; A.S.A. 1947, § 82-4007.

(a) The Division of Environmental Health Protection of the Department of Health shall assume all regulatory duties, powers, and responsibilities pertaining to production and distribution of Grade "A" milk and milk products in this state.

(b) The division shall provide Grade "A" milk permits, inspection, and laboratory services to all qualified Grade "A" milk plants, producers, producer-distributors, distributors, milk haulers, receiving stations, and transfer stations.

Acts 1981, No. 587, § 2; A.S.A. 1947, § 82-4007.
Ark. Code Ann. § 20-15-2303 — AR Code / Title 20 / Chapter 15 / Subchapter 23 / Section 20-15-2303
Access to records
Status: in_force

(a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal Mortality Review Committee to all relevant medical records associated with a case under review by the committee. (b) A healthcare provider, healthcare facility, or pharmacy providing access to medical records as described by subsection (a) of this section is not liable for civil damages or subject to any criminal or disciplinary action for good faith efforts in providing such records. Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.

(a) Healthcare providers, healthcare facilities, and pharmacies shall provide reasonable access to the Maternal Mortality Review Committee to all relevant medical records associated with a case under review by the committee.

(b) A healthcare provider, healthcare facility, or pharmacy providing access to medical records as described by subsection (a) of this section is not liable for civil damages or subject to any criminal or disciplinary action for good faith efforts in providing such records.

Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-32-111 — AR Code / Title 20 / Chapter 32 / Section 20-32-111
Scope of authority
Status: in_force

Nothing in this subchapter shall be construed to affect the authority of cities and counties to enact zoning regulations or procedures that control the location of medical waste facilities or sites. Acts 1993, No. 491, § 5; 1993, No. 861, § 5.

Nothing in this subchapter shall be construed to affect the authority of cities and counties to enact zoning regulations or procedures that control the location of medical waste facilities or sites.

Acts 1993, No. 491, § 5; 1993, No. 861, § 5.
Ark. Code Ann. § 20-14-703 — AR Code / Title 20 / Chapter 14 / Subchapter 7 / Section 20-14-703
Central registry - Reports
Status: in_force

(a) (1) The Department of Health shall establish and maintain a central registry of persons with a disability resulting from a traumatic head injury. (2) The department may grant or contract services to ensure services and the tracking of persons with a disability resulting from a traumatic head injury. (b) (1) (A) Every hospital in the Arkansas Trauma System shall report to the department or authorized agent of the department within five (5) calendar days after an identification of all persons with a disability resulting from a traumatic head injury. (B) The notification of the report described in subdivision (b)(1)(A) of this section shall be provided to the individual or the family of the individual after the hospital makes the report and the individual or the family may exercise the option to be removed from future communications. (2) The report described in subdivision (b)(1)(A) of this section shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the department. Amended by Act 2023, No. 355,§ 2, eff. 8/1/2023. Acts 1989, No. 491, § 1.

(a) (1) The Department of Health shall establish and maintain a central registry of persons with a disability resulting from a traumatic head injury. (2) The department may grant or contract services to ensure services and the tracking of persons with a disability resulting from a traumatic head injury.

(1) The Department of Health shall establish and maintain a central registry of persons with a disability resulting from a traumatic head injury.

(2) The department may grant or contract services to ensure services and the tracking of persons with a disability resulting from a traumatic head injury.

(b) (1) (A) Every hospital in the Arkansas Trauma System shall report to the department or authorized agent of the department within five (5) calendar days after an identification of all persons with a disability resulting from a traumatic head injury. (B) The notification of the report described in subdivision (b)(1)(A) of this section shall be provided to the individual or the family of the individual after the hospital makes the report and the individual or the family may exercise the option to be removed from future communications. (2) The report described in subdivision (b)(1)(A) of this section shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the department.

(1) (A) Every hospital in the Arkansas Trauma System shall report to the department or authorized agent of the department within five (5) calendar days after an identification of all persons with a disability resulting from a traumatic head injury. (B) The notification of the report described in subdivision (b)(1)(A) of this section shall be provided to the individual or the family of the individual after the hospital makes the report and the individual or the family may exercise the option to be removed from future communications.

(A) Every hospital in the Arkansas Trauma System shall report to the department or authorized agent of the department within five (5) calendar days after an identification of all persons with a disability resulting from a traumatic head injury.

(B) The notification of the report described in subdivision (b)(1)(A) of this section shall be provided to the individual or the family of the individual after the hospital makes the report and the individual or the family may exercise the option to be removed from future communications.

(2) The report described in subdivision (b)(1)(A) of this section shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the department.

Amended by Act 2023, No. 355,§ 2, eff. 8/1/2023.

Acts 1989, No. 491, § 1.
Ark. Code Ann. § 20-10-508 — AR Code / Title 20 / Chapter 10 / Subchapter 5 / Section 20-10-508
Interagency transfers of funds
Status: in_force

(a) The Department of Health, the Department of Human Services, and any other state agency which administers funds and appropriations for long-term care and related community-based services may transfer funds and appropriations among themselves in such amounts as they deem necessary to carry out the intent of this subchapter. (b) The transfers are to be made upon the request of the state agency, but only after having sought and received the advice of the committees, by the Chief Fiscal Officer of the State. Acts 1981, No. 380, § 8; A.S.A. 1947, § 82-2233; Acts 1997, No. 179, § 26.

(a) The Department of Health, the Department of Human Services, and any other state agency which administers funds and appropriations for long-term care and related community-based services may transfer funds and appropriations among themselves in such amounts as they deem necessary to carry out the intent of this subchapter.

(b) The transfers are to be made upon the request of the state agency, but only after having sought and received the advice of the committees, by the Chief Fiscal Officer of the State.

Acts 1981, No. 380, § 8; A.S.A. 1947, § 82-2233; Acts 1997, No. 179, § 26.
Ark. Code Ann. § 20-47-705 — AR Code / Title 20 / Chapter 47 / Subchapter 7 / Section 20-47-705
Behavioral healthcare initiatives
Status: in_force

The Department of Human Services shall: (1) Identify and implement actions for ensuring that children, youth, and their families are full partners in the design and implementation of all aspects of the system of care as well as full partners in decisions about their care or their children's care; (2) Identify up to two million dollars ($2,000,000) per year to apply to the following purposes: (A) Meeting extraordinary, non-Medicaid-reimbursable needs of children, youth, and their families, as identified in multiagency plans of services; (B) Supporting creation or strengthening of entities designed to guide the development and operation of local, regional, and state components of the system of care; (C) Strengthening family and advocate skills and capacity to provide meaningful input on the system of care; and (D) Supporting the development and enhancement of needed behavioral healthcare services in underserved areas; (3) Revise Medicaid rules to increase quality, accountability, and appropriateness of Medicaid-reimbursed behavioral healthcare services, including, but not limited to: (A) Clarifying behavioral healthcare services definitions to assure that the definitions are appropriate to the needs of children, youth, and their families; (B) Revising the process for Medicaid to receive, review, and act upon requests for behavioral health care for children and youth classified as seriously emotionally disturbed; (C) Clarifying Medicaid certification rules for providers serving children, youth, and their families to assure that the certification rules correlate with the requirements for enrollment as a Medicaid provider of behavioral healthcare services; (D) (i) Defining a standardized screening and assessment process designed to provide early identification of conditions that require behavioral healthcare services. (ii) The standardized process shall ensure that: (a) Assessments guide service decisions, outcomes, and, if appropriate, development of a multiagency plan of services; and (b) Services delivered are appropriate to meet the needs of the child as identified by the assessment; (4) Research, identify, and implement innovative and promising local, regional, or statewide approaches for better managing the state's resources devoted to children's behavioral health; and (5) Create additional capacity within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to develop, support, and oversee the new system of care for behavioral healthcare services for children, including: (A) (i) Selecting a new outcomes measurement tool to support an improved system of tracking, accountability, and decision-making. (ii) The new outcomes measurement tool shall be selected no later than September 30, 2015, and shall replace the current outcomes measurement tool for purposes of reporting required in § 20-47-510 ; and (B) Creating additional staff support to provide technical assistance, utilize information, identify and encourage best practices, monitor performance, and recommend system improvements. Amended by Act 2023, No. 365,§ 64, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 2147, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 90, eff. 8/1/2017. Amended by Act 2015, No. 161,§ 1, eff. 7/22/2015. Acts 2007, No. 1593, § 1.

The Department of Human Services shall:

(1) Identify and implement actions for ensuring that children, youth, and their families are full partners in the design and implementation of all aspects of the system of care as well as full partners in decisions about their care or their children's care;

(2) Identify up to two million dollars ($2,000,000) per year to apply to the following purposes: (A) Meeting extraordinary, non-Medicaid-reimbursable needs of children, youth, and their families, as identified in multiagency plans of services; (B) Supporting creation or strengthening of entities designed to guide the development and operation of local, regional, and state components of the system of care; (C) Strengthening family and advocate skills and capacity to provide meaningful input on the system of care; and (D) Supporting the development and enhancement of needed behavioral healthcare services in underserved areas;

(A) Meeting extraordinary, non-Medicaid-reimbursable needs of children, youth, and their families, as identified in multiagency plans of services;

(B) Supporting creation or strengthening of entities designed to guide the development and operation of local, regional, and state components of the system of care;

(C) Strengthening family and advocate skills and capacity to provide meaningful input on the system of care; and

(D) Supporting the development and enhancement of needed behavioral healthcare services in underserved areas;

(3) Revise Medicaid rules to increase quality, accountability, and appropriateness of Medicaid-reimbursed behavioral healthcare services, including, but not limited to: (A) Clarifying behavioral healthcare services definitions to assure that the definitions are appropriate to the needs of children, youth, and their families; (B) Revising the process for Medicaid to receive, review, and act upon requests for behavioral health care for children and youth classified as seriously emotionally disturbed; (C) Clarifying Medicaid certification rules for providers serving children, youth, and their families to assure that the certification rules correlate with the requirements for enrollment as a Medicaid provider of behavioral healthcare services; (D) (i) Defining a standardized screening and assessment process designed to provide early identification of conditions that require behavioral healthcare services. (ii) The standardized process shall ensure that: (a) Assessments guide service decisions, outcomes, and, if appropriate, development of a multiagency plan of services; and (b) Services delivered are appropriate to meet the needs of the child as identified by the assessment;

(A) Clarifying behavioral healthcare services definitions to assure that the definitions are appropriate to the needs of children, youth, and their families;

(B) Revising the process for Medicaid to receive, review, and act upon requests for behavioral health care for children and youth classified as seriously emotionally disturbed;

(C) Clarifying Medicaid certification rules for providers serving children, youth, and their families to assure that the certification rules correlate with the requirements for enrollment as a Medicaid provider of behavioral healthcare services;

(D) (i) Defining a standardized screening and assessment process designed to provide early identification of conditions that require behavioral healthcare services. (ii) The standardized process shall ensure that: (a) Assessments guide service decisions, outcomes, and, if appropriate, development of a multiagency plan of services; and (b) Services delivered are appropriate to meet the needs of the child as identified by the assessment;

(i) Defining a standardized screening and assessment process designed to provide early identification of conditions that require behavioral healthcare services.

(ii) The standardized process shall ensure that: (a) Assessments guide service decisions, outcomes, and, if appropriate, development of a multiagency plan of services; and (b) Services delivered are appropriate to meet the needs of the child as identified by the assessment;

(a) Assessments guide service decisions, outcomes, and, if appropriate, development of a multiagency plan of services; and

(b) Services delivered are appropriate to meet the needs of the child as identified by the assessment;

(4) Research, identify, and implement innovative and promising local, regional, or statewide approaches for better managing the state's resources devoted to children's behavioral health; and

(5) Create additional capacity within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to develop, support, and oversee the new system of care for behavioral healthcare services for children, including: (A) (i) Selecting a new outcomes measurement tool to support an improved system of tracking, accountability, and decision-making. (ii) The new outcomes measurement tool shall be selected no later than September 30, 2015, and shall replace the current outcomes measurement tool for purposes of reporting required in § 20-47-510 ; and (B) Creating additional staff support to provide technical assistance, utilize information, identify and encourage best practices, monitor performance, and recommend system improvements.

(A) (i) Selecting a new outcomes measurement tool to support an improved system of tracking, accountability, and decision-making. (ii) The new outcomes measurement tool shall be selected no later than September 30, 2015, and shall replace the current outcomes measurement tool for purposes of reporting required in § 20-47-510 ; and

(i) Selecting a new outcomes measurement tool to support an improved system of tracking, accountability, and decision-making.

(ii) The new outcomes measurement tool shall be selected no later than September 30, 2015, and shall replace the current outcomes measurement tool for purposes of reporting required in § 20-47-510 ; and

(B) Creating additional staff support to provide technical assistance, utilize information, identify and encourage best practices, monitor performance, and recommend system improvements.

Amended by Act 2023, No. 365,§ 64, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 2147, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 90, eff. 8/1/2017.

Amended by Act 2015, No. 161,§ 1, eff. 7/22/2015.

Acts 2007, No. 1593, § 1.
Ark. Code Ann. § 20-58-206 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-206
Arkansas Livestock and Poultry Commission - Establishment of standards
Status: in_force

(a) The Arkansas Livestock and Poultry Commission shall establish standards for the grading, classification, and marking of shell eggs bought and sold by any person, firm, or corporation in the State of Arkansas. (b) The standards shall, on the date of the sale to the consumer, conform to the minimum standards promulgated by the United States Department of Agriculture as defined in the "United States Standards, Grades and Weight Classes for Shell Eggs", authorized under 7 U.S.C. § 1624 , effective July 11, 1952, and amendments thereto. (c) The standards of quality of the United States Department of Agriculture are adopted as the standards of quality for the enforcement of this subchapter. Any egg described by the United States Department of Agriculture as being inedible shall be deemed inedible under the provisions of this subchapter. Acts 1969, No. 220, §§ 7, 23; A.S.A. 1947, §§ 82-1307, 82-1308.

(a) The Arkansas Livestock and Poultry Commission shall establish standards for the grading, classification, and marking of shell eggs bought and sold by any person, firm, or corporation in the State of Arkansas.

(b) The standards shall, on the date of the sale to the consumer, conform to the minimum standards promulgated by the United States Department of Agriculture as defined in the "United States Standards, Grades and Weight Classes for Shell Eggs", authorized under 7 U.S.C. § 1624 , effective July 11, 1952, and amendments thereto.

(c) The standards of quality of the United States Department of Agriculture are adopted as the standards of quality for the enforcement of this subchapter. Any egg described by the United States Department of Agriculture as being inedible shall be deemed inedible under the provisions of this subchapter.

Acts 1969, No. 220, §§ 7, 23; A.S.A. 1947, §§ 82-1307, 82-1308.
Ark. Code Ann. § 20-77-315 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-315
Distribution of proceeds from third-party settlement, judgment, or award or from other third-party payment
Status: in_force

(a) The Department of Human Services is entitled to reimbursement for past medical assistance payments from that portion of a third-party settlement, judgment, or award or from any other third-party payment that compensates for the medical expenses. (b) The department is entitled to receive the full amount of its medical assistance claim under this subchapter unless the portion of the third-party settlement, judgment, or award or other third-party payment that compensates for the medical expenses is less than the full amount of the department's medical assistance claim. (c) The department's claim for medical assistance payments under this subchapter has priority over any claim by a medical care provider. (d) The department's rights under this subchapter are not extinguished by any right possessed, asserted or not asserted, by a medical assistance recipient or other person. Amended by Act 2013, No. 1132,§ 49, eff. 8/16/2013. Acts 2011, No. 746, § 1.

(a) The Department of Human Services is entitled to reimbursement for past medical assistance payments from that portion of a third-party settlement, judgment, or award or from any other third-party payment that compensates for the medical expenses.

(b) The department is entitled to receive the full amount of its medical assistance claim under this subchapter unless the portion of the third-party settlement, judgment, or award or other third-party payment that compensates for the medical expenses is less than the full amount of the department's medical assistance claim.

(c) The department's claim for medical assistance payments under this subchapter has priority over any claim by a medical care provider.

(d) The department's rights under this subchapter are not extinguished by any right possessed, asserted or not asserted, by a medical assistance recipient or other person.

Amended by Act 2013, No. 1132,§ 49, eff. 8/16/2013.

Acts 2011, No. 746, § 1.
Ark. Code Ann. § 20-80-204 — AR Code / Title 20 / Chapter 80 / Subchapter 2 / Section 20-80-204
Administration of program
Status: in_force

To implement this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized: (1) (A) To enter into agreements with and make program grants to community-based agencies for the purpose of establishing statewide implementation of the Older Worker Community Service Employment Program. (B) However, the division shall make no payments towards the cost of the program unless the division determines that the community-based agencies will adhere to the provisions of § 20-80-205 and the established rules or policies related to the administration of this subchapter; (2) To allow reasonable and appropriate administrative cost for the total program, which in no event shall exceed the allowable percentage limitation established for Title III of the Older Americans Act, and 45 C.F.R. § 1321.1 et seq.; and (3) To make, issue, and amend rules and policies necessary to effectively carry out this subchapter. Amended by Act 2017, No. 913,§ 116, eff. 8/1/2017. Amended by Act 2015, No. 295,§ 2, eff. 7/22/2015. Acts 1985, No. 1031, § 4; A.S.A. 1947, § 81-1510.

To implement this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized:

(1) (A) To enter into agreements with and make program grants to community-based agencies for the purpose of establishing statewide implementation of the Older Worker Community Service Employment Program. (B) However, the division shall make no payments towards the cost of the program unless the division determines that the community-based agencies will adhere to the provisions of § 20-80-205 and the established rules or policies related to the administration of this subchapter;

(A) To enter into agreements with and make program grants to community-based agencies for the purpose of establishing statewide implementation of the Older Worker Community Service Employment Program.

(B) However, the division shall make no payments towards the cost of the program unless the division determines that the community-based agencies will adhere to the provisions of § 20-80-205 and the established rules or policies related to the administration of this subchapter;

(2) To allow reasonable and appropriate administrative cost for the total program, which in no event shall exceed the allowable percentage limitation established for Title III of the Older Americans Act, and 45 C.F.R. § 1321.1 et seq.; and

(3) To make, issue, and amend rules and policies necessary to effectively carry out this subchapter.

Amended by Act 2017, No. 913,§ 116, eff. 8/1/2017.

Amended by Act 2015, No. 295,§ 2, eff. 7/22/2015.

Acts 1985, No. 1031, § 4; A.S.A. 1947, § 81-1510.
Ark. Code Ann. § 20-9-403 — AR Code / Title 20 / Chapter 9 / Subchapter 4 / Section 20-9-403
Regulation by Department of Health
Status: in_force

(a) The Department of Health shall establish and enforce rules: (1) Setting minimum standards for the construction, maintenance, and operation of a freestanding birthing center; and (2) Setting qualifications for medical directors of freestanding birthing centers and for physicians who will perform deliveries in freestanding birthing centers. (b) A freestanding birthing center shall meet life safety code and construction standards developed by the National Fire Protection Association and shall comply with rules developed by the department. Amended by Act 2019, No. 315,§ 1848, eff. 7/24/2019. Acts 1997, No. 891, § 3.

(a) The Department of Health shall establish and enforce rules: (1) Setting minimum standards for the construction, maintenance, and operation of a freestanding birthing center; and (2) Setting qualifications for medical directors of freestanding birthing centers and for physicians who will perform deliveries in freestanding birthing centers.

(1) Setting minimum standards for the construction, maintenance, and operation of a freestanding birthing center; and

(2) Setting qualifications for medical directors of freestanding birthing centers and for physicians who will perform deliveries in freestanding birthing centers.

(b) A freestanding birthing center shall meet life safety code and construction standards developed by the National Fire Protection Association and shall comply with rules developed by the department.

Amended by Act 2019, No. 315,§ 1848, eff. 7/24/2019.

Acts 1997, No. 891, § 3.
Ark. Code Ann. § 20-10-904 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-904
Grounds for appointment
Status: in_force

The following circumstances shall be grounds for the appointment of a receiver to operate a long-term care facility: (1) An emergency exists in a facility which threatens the health, security, or welfare of residents; (2) A facility is in substantial or habitual violation of the standards of health, safety, or resident care established under state rules or federal regulations to the detriment of the welfare of the residents; (3) A facility intends to close but has not arranged at least thirty (30) days before closure for the orderly transfer of its residents; (4) The facility is insolvent; and (5) The Department of Human Services has suspended, revoked, or refused to renew the existing license of the facility. Amended by Act 2019, No. 315,§ 1888, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

The following circumstances shall be grounds for the appointment of a receiver to operate a long-term care facility:

(1) An emergency exists in a facility which threatens the health, security, or welfare of residents;

(2) A facility is in substantial or habitual violation of the standards of health, safety, or resident care established under state rules or federal regulations to the detriment of the welfare of the residents;

(3) A facility intends to close but has not arranged at least thirty (30) days before closure for the orderly transfer of its residents;

(4) The facility is insolvent; and

(5) The Department of Human Services has suspended, revoked, or refused to renew the existing license of the facility.

Amended by Act 2019, No. 315,§ 1888, eff. 7/24/2019.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-27-1309 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1309
Hearings, orders, and notices
Status: in_force

(a) All hearings conducted by the Director of the Division of Labor and all orders, notices, and assessments shall conform to the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Service of any notice, order, or assessment may be made by delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to the person at his or her principal place of business as last of record with the Division of Labor. (c) (1) Any administrative order issued by the director shall be final, unless within twenty (20) days after service of notice thereof, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the order is contested. (2) A complainant entitled to notice is any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation. (d) If an order is contested, a final administrative order shall be made after hearing. (e) Any final administrative action is subject to appeal pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 910,§ 5495, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5494, eff. 7/1/2019. Acts 1995, No. 814, § 10.

(a) All hearings conducted by the Director of the Division of Labor and all orders, notices, and assessments shall conform to the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) Service of any notice, order, or assessment may be made by delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to the person at his or her principal place of business as last of record with the Division of Labor.

(c) (1) Any administrative order issued by the director shall be final, unless within twenty (20) days after service of notice thereof, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the order is contested. (2) A complainant entitled to notice is any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation.

(1) Any administrative order issued by the director shall be final, unless within twenty (20) days after service of notice thereof, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the order is contested.

(2) A complainant entitled to notice is any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation.

(d) If an order is contested, a final administrative order shall be made after hearing.

(e) Any final administrative action is subject to appeal pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 910,§ 5495, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5494, eff. 7/1/2019.

Acts 1995, No. 814, § 10.
Ark. Code Ann. § 20-85-101 — AR Code / Title 20 / Chapter 85 / Section 20-85-101
Family Treatment and Rehabilitation Program for Addicted Women and their Children
Status: in_force

(a) There is hereby created the Family Treatment and Rehabilitation Program for Addicted Women and their Children within the University of Arkansas for Medical Sciences. (b) The program shall: (1) Develop a statewide program of treatment, rehabilitation, prevention, intervention, and relevant research for families affected by maternal addiction by coordinating existing health services, human services, and education and employment resources; (2) Develop resources for local treatment and rehabilitation programs for families affected by maternal addiction by providing policy research, technical assistance, and evaluation of program outcomes; (3) Identify gaps in service delivery to families affected by maternal addiction and propose solutions; (4) Enter into contracts for the delivery of services under the program; (5) Solicit, accept, retain, and administer gifts, grants, or donations of money, services, or property for the administration of the program; and (6) Provide centralized billing for providers who agree to provide a comprehensive array of specialized coordinated services under or through the program. (c) The program shall report quarterly to the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth. Acts 1997, No. 964, § 1.

(a) There is hereby created the Family Treatment and Rehabilitation Program for Addicted Women and their Children within the University of Arkansas for Medical Sciences.

(b) The program shall: (1) Develop a statewide program of treatment, rehabilitation, prevention, intervention, and relevant research for families affected by maternal addiction by coordinating existing health services, human services, and education and employment resources; (2) Develop resources for local treatment and rehabilitation programs for families affected by maternal addiction by providing policy research, technical assistance, and evaluation of program outcomes; (3) Identify gaps in service delivery to families affected by maternal addiction and propose solutions; (4) Enter into contracts for the delivery of services under the program; (5) Solicit, accept, retain, and administer gifts, grants, or donations of money, services, or property for the administration of the program; and (6) Provide centralized billing for providers who agree to provide a comprehensive array of specialized coordinated services under or through the program.

(1) Develop a statewide program of treatment, rehabilitation, prevention, intervention, and relevant research for families affected by maternal addiction by coordinating existing health services, human services, and education and employment resources;

(2) Develop resources for local treatment and rehabilitation programs for families affected by maternal addiction by providing policy research, technical assistance, and evaluation of program outcomes;

(3) Identify gaps in service delivery to families affected by maternal addiction and propose solutions;

(4) Enter into contracts for the delivery of services under the program;

(5) Solicit, accept, retain, and administer gifts, grants, or donations of money, services, or property for the administration of the program; and

(6) Provide centralized billing for providers who agree to provide a comprehensive array of specialized coordinated services under or through the program.

(c) The program shall report quarterly to the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth.

Acts 1997, No. 964, § 1.
Ark. Code Ann. § 20-77-2407 — AR Code / Title 20 / Chapter 77 / Subchapter 24 / Section 20-77-2407
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019. Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013. Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.

Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.

Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 20-60-205 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-205
Penalties
Status: in_force

(a) (1) For a first offense, a person who violates the provisions of this subchapter upon conviction is subject to imprisonment for not more than six (6) months or a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), or both imprisonment and fine. (2) If the violation is committed after one (1) conviction of the person under this section, the person shall be subject to imprisonment for not more than one (1) year or a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both imprisonment and fine. (3) If the violation is committed after two (2) or more convictions of the person under this section have become final, the person shall be subject to imprisonment for not more than two (2) years or a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000), or both imprisonment and fine. (b) When construing or enforcing this subchapter, the act, omission, or failure of any person acting for or employed by another person within the scope of his or her employment or office shall in every case be deemed the act, omission, or failure of the other person, as well as of the person acting for or employed by the other person. (c) A carrier or warehouser is not subject to the penalties of this subchapter other than the penalties for violation of § 20-60-215 by reason of his or her receipt, carriage, holding, or delivery in the usual course of business as a carrier or warehouser of livestock carcasses, parts of livestock carcasses, or meat food products owned by another person unless the carrier or warehouser has knowledge or is in possession of facts that would cause a reasonable person to believe that the livestock, parts of livestock carcasses, or meat food products were not inspected or marked in accordance with this subchapter or were not otherwise in compliance with this subchapter. (d) This subchapter does not require the Secretary of the Department of Agriculture to report violations of this subchapter for criminal prosecution if the secretary believes that the public interest will be adequately served and compliance with this subchapter obtained by a suitable written notice of warning. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 910,§ 5074, eff. 7/1/2019. Acts 1967, No. 320, §§ 11, 12; A.S.A. 1947, §§ 82-2011, 82-2012.

(a) (1) For a first offense, a person who violates the provisions of this subchapter upon conviction is subject to imprisonment for not more than six (6) months or a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), or both imprisonment and fine. (2) If the violation is committed after one (1) conviction of the person under this section, the person shall be subject to imprisonment for not more than one (1) year or a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both imprisonment and fine. (3) If the violation is committed after two (2) or more convictions of the person under this section have become final, the person shall be subject to imprisonment for not more than two (2) years or a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000), or both imprisonment and fine.

(1) For a first offense, a person who violates the provisions of this subchapter upon conviction is subject to imprisonment for not more than six (6) months or a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), or both imprisonment and fine.

(2) If the violation is committed after one (1) conviction of the person under this section, the person shall be subject to imprisonment for not more than one (1) year or a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both imprisonment and fine.

(3) If the violation is committed after two (2) or more convictions of the person under this section have become final, the person shall be subject to imprisonment for not more than two (2) years or a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000), or both imprisonment and fine.

(b) When construing or enforcing this subchapter, the act, omission, or failure of any person acting for or employed by another person within the scope of his or her employment or office shall in every case be deemed the act, omission, or failure of the other person, as well as of the person acting for or employed by the other person.

(c) A carrier or warehouser is not subject to the penalties of this subchapter other than the penalties for violation of § 20-60-215 by reason of his or her receipt, carriage, holding, or delivery in the usual course of business as a carrier or warehouser of livestock carcasses, parts of livestock carcasses, or meat food products owned by another person unless the carrier or warehouser has knowledge or is in possession of facts that would cause a reasonable person to believe that the livestock, parts of livestock carcasses, or meat food products were not inspected or marked in accordance with this subchapter or were not otherwise in compliance with this subchapter.

(d) This subchapter does not require the Secretary of the Department of Agriculture to report violations of this subchapter for criminal prosecution if the secretary believes that the public interest will be adequately served and compliance with this subchapter obtained by a suitable written notice of warning.

Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021.

Amended by Act 2019, No. 910,§ 5074, eff. 7/1/2019.

Acts 1967, No. 320, §§ 11, 12; A.S.A. 1947, §§ 82-2011, 82-2012.
Ark. Code Ann. § 20-10-107 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-107
Long-term care facility - Notice of certain incidents - Definition
Status: in_force

(a) As used in this section, "long-term care facility" means "long-term care facility" as defined by § 20-10-213 . (b) (1) Within twenty-four (24) hours after the incident requiring notification occurs, a long-term care facility shall notify, if known, the resident's guardian or other responsible party when: (A) The resident suffers an injury; (B) The resident is taken outside the facility for medical care; (C) The resident is moved to a different room; or (D) There is any significant change in the physical or mental condition of the resident. (2) A long-term care facility that does not comply with this subsection commits a Class C violation under § 20-10-205 and is subject to a civil penalty under § 20-10-206 . (c) (1) It is the responsibility of the long-term care facility to obtain an address and telephone number at which the resident's guardian or other responsible party is available for notification. (2) It is the responsibility of the resident's guardian or other responsible party to notify the long-term care facility of any change in address or telephone number. Amended by Act 2013, No. 1132,§ 4, eff. 8/16/2013. Acts 1993, No. 1123, §§ 1-4; 2005, No. 1994, § 109; 2011, No. 190, § 1.

(a) As used in this section, "long-term care facility" means "long-term care facility" as defined by § 20-10-213 .

(b) (1) Within twenty-four (24) hours after the incident requiring notification occurs, a long-term care facility shall notify, if known, the resident's guardian or other responsible party when: (A) The resident suffers an injury; (B) The resident is taken outside the facility for medical care; (C) The resident is moved to a different room; or (D) There is any significant change in the physical or mental condition of the resident. (2) A long-term care facility that does not comply with this subsection commits a Class C violation under § 20-10-205 and is subject to a civil penalty under § 20-10-206 .

(1) Within twenty-four (24) hours after the incident requiring notification occurs, a long-term care facility shall notify, if known, the resident's guardian or other responsible party when: (A) The resident suffers an injury; (B) The resident is taken outside the facility for medical care; (C) The resident is moved to a different room; or (D) There is any significant change in the physical or mental condition of the resident.

(A) The resident suffers an injury;

(B) The resident is taken outside the facility for medical care;

(C) The resident is moved to a different room; or

(D) There is any significant change in the physical or mental condition of the resident.

(2) A long-term care facility that does not comply with this subsection commits a Class C violation under § 20-10-205 and is subject to a civil penalty under § 20-10-206 .

(c) (1) It is the responsibility of the long-term care facility to obtain an address and telephone number at which the resident's guardian or other responsible party is available for notification. (2) It is the responsibility of the resident's guardian or other responsible party to notify the long-term care facility of any change in address or telephone number.

(1) It is the responsibility of the long-term care facility to obtain an address and telephone number at which the resident's guardian or other responsible party is available for notification.

(2) It is the responsibility of the resident's guardian or other responsible party to notify the long-term care facility of any change in address or telephone number.

Amended by Act 2013, No. 1132,§ 4, eff. 8/16/2013.

Acts 1993, No. 1123, §§ 1-4; 2005, No. 1994, § 109; 2011, No. 190, § 1.
Ark. Code Ann. § 20-48-208 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-208
Board of Developmental Disabilities Services - License for facilities and institutions required
Status: in_force

(a) The Board of Developmental Disabilities Services shall: (1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and (2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of intellectual and developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care. (b) A public agency or private organization shall not operate any institution or facility for the provision of intellectual and developmental disabilities services unless the private agency or private organization has a license in effect. (c) The board shall not deny a license or suspend or revoke a license unless the applicant or licensee has notice and an opportunity for a hearing. The hearing and proceedings incidental thereto shall be governed by the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) By appropriate proceeding in the Pulaski County Circuit Court, the board may enjoin the operation of any organization so long as it is not in compliance with the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2151, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 23, eff. 7/24/2019. Acts 1969, No. 265, § 12; 1981, No. 106, § 1; A.S.A. 1947, § 59-1012.

(a) The Board of Developmental Disabilities Services shall: (1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and (2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of intellectual and developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care.

(1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and

(2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of intellectual and developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care.

(b) A public agency or private organization shall not operate any institution or facility for the provision of intellectual and developmental disabilities services unless the private agency or private organization has a license in effect.

(c) The board shall not deny a license or suspend or revoke a license unless the applicant or licensee has notice and an opportunity for a hearing. The hearing and proceedings incidental thereto shall be governed by the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) By appropriate proceeding in the Pulaski County Circuit Court, the board may enjoin the operation of any organization so long as it is not in compliance with the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2151, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 23, eff. 7/24/2019.

Acts 1969, No. 265, § 12; 1981, No. 106, § 1; A.S.A. 1947, § 59-1012.
Ark. Code Ann. § 20-23-302 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-302
Report by manufacturer, owner, and user
Status: in_force

(a) Every manufacturer, owner, or user of a boiler or unfired pressure vessel in use or to be used in any part of the state and subject to inspection by the Boiler Inspection Division, as provided by this chapter, shall report to the division the location of the boiler or unfired pressure vessel at such times and in such manner and form as may be determined by the rules of the division. (b) Any owner, user, or agent of the owner of any boiler or unfired pressure vessel subject to inspection by the division, as provided in this chapter, who shall fail to report its location to the division shall be subject to an administrative fine of not less than one hundred dollars ($100). Amended by Act 2019, No. 315,§ 2053, eff. 7/24/2019. Acts 1961, No. 494, §§ 4, 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, §§ 81-504, 81-506; Acts 1999, No. 982, § 9.

(a) Every manufacturer, owner, or user of a boiler or unfired pressure vessel in use or to be used in any part of the state and subject to inspection by the Boiler Inspection Division, as provided by this chapter, shall report to the division the location of the boiler or unfired pressure vessel at such times and in such manner and form as may be determined by the rules of the division.

(b) Any owner, user, or agent of the owner of any boiler or unfired pressure vessel subject to inspection by the division, as provided in this chapter, who shall fail to report its location to the division shall be subject to an administrative fine of not less than one hundred dollars ($100).

Amended by Act 2019, No. 315,§ 2053, eff. 7/24/2019.

Acts 1961, No. 494, §§ 4, 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, §§ 81-504, 81-506; Acts 1999, No. 982, § 9.
Ark. Code Ann. § 20-16-2104 — AR Code / Title 20 / Chapter 16 / Subchapter 21 / Section 20-16-2104
Criminal penalties
Status: in_force

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class D felony. Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class D felony.

Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-6-413 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-413
Construction
Status: in_force

(a) This subchapter does not apply to: (1) The Arkansas State Hospital; (2) A minor who is: (A) In the custody of the Division of Children and Family Services; or (B) A suspected victim in a pending maltreatment investigation; (3) An individual who is in the custody of the Department of Corrections; or (4) An individual who is attending a preventive healthcare office visit during which evidence-based guidelines for preventive care recommend a confidential visit component for youth, as mutually agreed to by the patient and his or her physician. (b) This subchapter does not: (1) Affect the rights of a legal guardian or holder of a power of attorney; or (2) Waive or change the long-term care facility residents' rights under § 20-10-1204 . (c) The requirements under this subchapter shall be established as a minimum for visitation in a healthcare facility but do not limit visitation at a healthcare facility to only visitation outlined in this subchapter. (d) The rights specified in this subchapter shall not be terminated, suspended, or waived by: (1) A healthcare facility; (2) The Department of Health; (3) The State Board of Health; (4) The Department of Human Services; or (5) The Governor upon declaring a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., or ordering the board to take action under § 20-7-110 , or both. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

(a) This subchapter does not apply to: (1) The Arkansas State Hospital; (2) A minor who is: (A) In the custody of the Division of Children and Family Services; or (B) A suspected victim in a pending maltreatment investigation; (3) An individual who is in the custody of the Department of Corrections; or (4) An individual who is attending a preventive healthcare office visit during which evidence-based guidelines for preventive care recommend a confidential visit component for youth, as mutually agreed to by the patient and his or her physician.

(1) The Arkansas State Hospital;

(2) A minor who is: (A) In the custody of the Division of Children and Family Services; or (B) A suspected victim in a pending maltreatment investigation;

(A) In the custody of the Division of Children and Family Services; or

(B) A suspected victim in a pending maltreatment investigation;

(3) An individual who is in the custody of the Department of Corrections; or

(4) An individual who is attending a preventive healthcare office visit during which evidence-based guidelines for preventive care recommend a confidential visit component for youth, as mutually agreed to by the patient and his or her physician.

(b) This subchapter does not: (1) Affect the rights of a legal guardian or holder of a power of attorney; or (2) Waive or change the long-term care facility residents' rights under § 20-10-1204 .

(1) Affect the rights of a legal guardian or holder of a power of attorney; or

(2) Waive or change the long-term care facility residents' rights under § 20-10-1204 .

(c) The requirements under this subchapter shall be established as a minimum for visitation in a healthcare facility but do not limit visitation at a healthcare facility to only visitation outlined in this subchapter.

(d) The rights specified in this subchapter shall not be terminated, suspended, or waived by: (1) A healthcare facility; (2) The Department of Health; (3) The State Board of Health; (4) The Department of Human Services; or (5) The Governor upon declaring a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., or ordering the board to take action under § 20-7-110 , or both.

(1) A healthcare facility;

(2) The Department of Health;

(3) The State Board of Health;

(4) The Department of Human Services; or

(5) The Governor upon declaring a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., or ordering the board to take action under § 20-7-110 , or both.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-17-206 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-206
Treatment of qualified patient
Status: in_force

(a) A qualified patient may make decisions regarding life-sustaining treatment as long as the patient is able to do so. (b) This subchapter does not affect the responsibility of the attending physician or other healthcare provider to provide treatment, including nutrition or hydration, or both, for a patient's comfort or alleviation of pain. (c) The declaration of a qualified patient known to the attending physician to be pregnant must not be given effect as long as it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment. Acts 1987, No. 713, § 6; 2003, No. 1322, § 8.

(a) A qualified patient may make decisions regarding life-sustaining treatment as long as the patient is able to do so.

(b) This subchapter does not affect the responsibility of the attending physician or other healthcare provider to provide treatment, including nutrition or hydration, or both, for a patient's comfort or alleviation of pain.

(c) The declaration of a qualified patient known to the attending physician to be pregnant must not be given effect as long as it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.

Acts 1987, No. 713, § 6; 2003, No. 1322, § 8.
Ark. Code Ann. § 20-13-406 — AR Code / Title 20 / Chapter 13 / Subchapter 4 / Section 20-13-406
Immunity
Status: in_force

(a) A person or entity that in good faith renders emergency care or treatment by the use of auto-injectable epinephrine is immune from civil liability resulting from: (1) The emergency care or treatment; and (2) Any good faith act or omission to provide or arrange for further medical treatment. (b) A person or entity granted immunity under subsection (a) of this section includes without limitation: (1) A physician or medical facility that distributes auto-injectable epinephrine or issues a certificate under this subchapter; (2) A person or entity that provides auto-injectable epinephrine training to an expected user or authorized entity; (3) A person or entity responsible for the location where the auto-injectable epinephrine is located or used; and (4) A certificate holder. (c) The immunity under subsection (a) of this section does not apply if the cause of action results from gross negligence or willful or wanton misconduct. (d) Immunity under this section is in addition to the immunity provided to an individual acting as a "Good Samaritan" under the provisions of § 17-95-101 . Amended by Act 2015, No. 1108,§ 3, eff. 7/22/2015. Acts 1983, No. 436, § 8; A.S.A. 1947, § 82-4508.

(a) A person or entity that in good faith renders emergency care or treatment by the use of auto-injectable epinephrine is immune from civil liability resulting from: (1) The emergency care or treatment; and (2) Any good faith act or omission to provide or arrange for further medical treatment.

(1) The emergency care or treatment; and

(2) Any good faith act or omission to provide or arrange for further medical treatment.

(b) A person or entity granted immunity under subsection (a) of this section includes without limitation: (1) A physician or medical facility that distributes auto-injectable epinephrine or issues a certificate under this subchapter; (2) A person or entity that provides auto-injectable epinephrine training to an expected user or authorized entity; (3) A person or entity responsible for the location where the auto-injectable epinephrine is located or used; and (4) A certificate holder.

(1) A physician or medical facility that distributes auto-injectable epinephrine or issues a certificate under this subchapter;

(2) A person or entity that provides auto-injectable epinephrine training to an expected user or authorized entity;

(3) A person or entity responsible for the location where the auto-injectable epinephrine is located or used; and

(4) A certificate holder.

(c) The immunity under subsection (a) of this section does not apply if the cause of action results from gross negligence or willful or wanton misconduct.

(d) Immunity under this section is in addition to the immunity provided to an individual acting as a "Good Samaritan" under the provisions of § 17-95-101 .

Amended by Act 2015, No. 1108,§ 3, eff. 7/22/2015.

Acts 1983, No. 436, § 8; A.S.A. 1947, § 82-4508.
Ark. Code Ann. § 20-47-507 — AR Code / Title 20 / Chapter 47 / Subchapter 5 / Section 20-47-507
Child and Adolescent Service System Program Coordinating Council staff
Status: in_force

(a) The staff for the Child and Adolescent Service System Program Coordinating Council shall be provided by the Child and Adolescent Service System Program project for the first two (2) years and subsequently by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (b) The division shall serve as the coordinating agency and shall develop and support the regional program team network and the council and shall provide training and technical assistance relevant to the system of care. (c) Annual site reviews and program evaluations of regional program teams will be coordinated by the division and shall involve a multiagency team of professionals, family members, consumers, and advocates. (d) The division's council staff shall provide an annual report summarizing program regional and coordinating council activities, strategic plans, and outcomes to the Secretary of the Department of Human Services and the Commissioner of Elementary and Secondary Education each year on or before October 15. Amended by Act 2019, No. 910,§ 5204, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 86, eff. 8/1/2017. Acts 1991, No. 964, § 7; 2001, No. 1517, § 6; 2005, No. 2209, § 5.

(a) The staff for the Child and Adolescent Service System Program Coordinating Council shall be provided by the Child and Adolescent Service System Program project for the first two (2) years and subsequently by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(b) The division shall serve as the coordinating agency and shall develop and support the regional program team network and the council and shall provide training and technical assistance relevant to the system of care.

(c) Annual site reviews and program evaluations of regional program teams will be coordinated by the division and shall involve a multiagency team of professionals, family members, consumers, and advocates.

(d) The division's council staff shall provide an annual report summarizing program regional and coordinating council activities, strategic plans, and outcomes to the Secretary of the Department of Human Services and the Commissioner of Elementary and Secondary Education each year on or before October 15.

Amended by Act 2019, No. 910,§ 5204, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 86, eff. 8/1/2017.

Acts 1991, No. 964, § 7; 2001, No. 1517, § 6; 2005, No. 2209, § 5.
Ark. Code Ann. § 20-64-312 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-312
Depressant and stimulant drugs - Falsely obtaining or attempting to obtain prohibited - Exceptions
Status: in_force

(a) No person other than a person described in § 20-64-309(7) shall obtain or attempt to obtain a depressant or stimulant drug by: (1) Fraud, deceit, misrepresentation, or subterfuge; (2) Falsely assuming the title of or representing himself or herself to be a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess stimulant or depressant drugs; (3) The use of a forged or altered prescription; or (4) The use of a false name or false address on a prescription. (b) However, this section shall not apply to drug manufacturers, their agents, or employees when the manufacturers, their agents, or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of the drug manufacturer's trademark. Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.

(a) No person other than a person described in § 20-64-309(7) shall obtain or attempt to obtain a depressant or stimulant drug by: (1) Fraud, deceit, misrepresentation, or subterfuge; (2) Falsely assuming the title of or representing himself or herself to be a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess stimulant or depressant drugs; (3) The use of a forged or altered prescription; or (4) The use of a false name or false address on a prescription.

(1) Fraud, deceit, misrepresentation, or subterfuge;

(2) Falsely assuming the title of or representing himself or herself to be a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess stimulant or depressant drugs;

(3) The use of a forged or altered prescription; or

(4) The use of a false name or false address on a prescription.

(b) However, this section shall not apply to drug manufacturers, their agents, or employees when the manufacturers, their agents, or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of the drug manufacturer's trademark.

Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Ark. Code Ann. § 20-10-2201 — AR Code / Title 20 / Chapter 10 / Subchapter 22 / Section 20-10-2201
Purpose - Findings
Status: in_force

(a) The purpose of the quality assurance committee in a long-term care facility is to evaluate and improve the quality of health care rendered to residents of the facility. (b) The General Assembly finds that: (1) Confidentiality of committee proceedings and records is key to improving the quality of care in long-term care facilities by promoting thorough and candid discussions for a full review and analysis of care processes; and (2) The work of the quality assurance committee is an ongoing process in which individuals from various disciplines meet as a committee to: (A) Ensure that current practice standards are maintained; (B) Prevent deviations from care practices to the extent possible; (C) Track, trend, and identify care concerns; and (D) Correct inappropriate care processes. Acts 2009, No. 198, § 1.

(a) The purpose of the quality assurance committee in a long-term care facility is to evaluate and improve the quality of health care rendered to residents of the facility.

(b) The General Assembly finds that: (1) Confidentiality of committee proceedings and records is key to improving the quality of care in long-term care facilities by promoting thorough and candid discussions for a full review and analysis of care processes; and (2) The work of the quality assurance committee is an ongoing process in which individuals from various disciplines meet as a committee to: (A) Ensure that current practice standards are maintained; (B) Prevent deviations from care practices to the extent possible; (C) Track, trend, and identify care concerns; and (D) Correct inappropriate care processes.

(1) Confidentiality of committee proceedings and records is key to improving the quality of care in long-term care facilities by promoting thorough and candid discussions for a full review and analysis of care processes; and

(2) The work of the quality assurance committee is an ongoing process in which individuals from various disciplines meet as a committee to: (A) Ensure that current practice standards are maintained; (B) Prevent deviations from care practices to the extent possible; (C) Track, trend, and identify care concerns; and (D) Correct inappropriate care processes.

(A) Ensure that current practice standards are maintained;

(B) Prevent deviations from care practices to the extent possible;

(C) Track, trend, and identify care concerns; and

(D) Correct inappropriate care processes.

Acts 2009, No. 198, § 1.
Ark. Code Ann. § 20-7-142 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-142
[Repealed]
Status: repealed

Repealed by Act 2023, No. 393,§ 1, eff. 8/1/2023. Repealed by Act 2023, No. 205,§ 1, eff. 8/1/2023. Added by Act 2021, No. 643,§ 1, eff. 7/28/2021. Repealed and reenacted as 20-77-148 by Act 2023, No. 393.

Repealed by Act 2023, No. 393,§ 1, eff. 8/1/2023.

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

Added by Act 2021, No. 643,§ 1, eff. 7/28/2021.

Repealed and reenacted as 20-77-148 by Act 2023, No. 393.
Ark. Code Ann. § 20-17-1009 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1009
Permit - Investigation by Department of Health
Status: in_force

(a) Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the applicant shall request that the Department of Health investigate the proposed cemetery location or extension to determine if the proposed new or expanded location will be sanitary. (b) In making the investigation, the department shall take into consideration the proximity of the proposed cemetery or extension to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and any other conditions concerning whether the proposed new or expanded location will be sanitary. (c) (1) After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board. (2) If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken. (d) The cemetery shall pay the department any fee required by law. Amended by Act 2017, No. 788,§ 38, eff. 7/1/2018. Acts 1977, No. 352, § 9; A.S.A. 1947, § 82-426.9; Acts 2009, No. 715, § 5.

(a) Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the applicant shall request that the Department of Health investigate the proposed cemetery location or extension to determine if the proposed new or expanded location will be sanitary.

(b) In making the investigation, the department shall take into consideration the proximity of the proposed cemetery or extension to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and any other conditions concerning whether the proposed new or expanded location will be sanitary.

(c) (1) After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board. (2) If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken.

(1) After completing the investigation, the department shall promptly submit in writing its approval or disapproval of the proposed new or expanded location from a sanitary standpoint to the board.

(2) If the department disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the department or until other action, as necessary, is taken.

(d) The cemetery shall pay the department any fee required by law.

Amended by Act 2017, No. 788,§ 38, eff. 7/1/2018.

Acts 1977, No. 352, § 9; A.S.A. 1947, § 82-426.9; Acts 2009, No. 715, § 5.
Ark. Code Ann. § 20-23-303 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-303
Hydrostatic pressure testing
Status: in_force

(a) Boilers and pressure vessels may be tested by hydrostatic pressure one-quarter (1/4) greater than the maximum allowable working pressure when in the judgment of the inspector such a test is necessary to ascertain the true condition of the boiler. (b) All boilers to be tested by hydrostatic pressure shall be filled with water at no less than ambient temperature but in no case less than seventy degrees Fahrenheit (70° F). The metal temperature shall not exceed one hundred twenty degrees Fahrenheit (120° F) during the final examination. (c) The responsibility for hydrostatic testing shall be that of the owner. Acts 1961, No. 494, § 4; A.S.A. 1947, § 81-504; Acts 1999, No. 982, § 10.

(a) Boilers and pressure vessels may be tested by hydrostatic pressure one-quarter (1/4) greater than the maximum allowable working pressure when in the judgment of the inspector such a test is necessary to ascertain the true condition of the boiler.

(b) All boilers to be tested by hydrostatic pressure shall be filled with water at no less than ambient temperature but in no case less than seventy degrees Fahrenheit (70° F). The metal temperature shall not exceed one hundred twenty degrees Fahrenheit (120° F) during the final examination.

(c) The responsibility for hydrostatic testing shall be that of the owner.

Acts 1961, No. 494, § 4; A.S.A. 1947, § 81-504; Acts 1999, No. 982, § 10.
Ark. Code Ann. § 20-10-1403 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1403
[Repealed]
Status: repealed

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1901, eff. 7/24/2019. Acts 1999, No. 1529, § 3; 2001, No. 1397, § 3; 2003, No. 1473, § 37; 2005, No. 1411, § 3; 2007, No. 192, § 2.

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

Amended by Act 2019, No. 315,§ 1901, eff. 7/24/2019.

Acts 1999, No. 1529, § 3; 2001, No. 1397, § 3; 2003, No. 1473, § 37; 2005, No. 1411, § 3; 2007, No. 192, § 2.
Ark. Code Ann. § 20-7-407 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-407
Fees
Status: in_force

In addition to the fees authorized by § 20-7-123(b)(1)(H) and (I) , the following fees shall be collected and credited to the State Board of Health Laboratory Revenue Fund: (1) A fee of seven dollars ($7.00) collected by the State Registrar of Vital Records for the making and certification of any birth certificate or record; (2) A fee of five dollars ($5.00) collected for the making and certification of each additional copy of any birth certificate or record; (3) A fee of six dollars ($6.00) collected by the registrar for the making and certification of a single copy of a death certificate; (4) A fee of seven dollars ($7.00) collected by the registrar for the making and certification of each additional copy of a death certificate; (5) A fee of five dollars ($5.00) collected by the registrar for the making and certification of any marriage or divorce certificate or record; (6) A fee of five dollars ($5.00) collected by the registrar for the making and certification of each additional copy of any marriage or divorce certificate or record; (7) A fee of seven dollars ($7.00) collected by the registrar for an examination and search of the files for any birth record; (8) A fee of five dollars ($5.00) collected by the registrar for an examination and search of the files for any marriage or divorce record; and (9) A fee of six dollars ($6.00) collected by the registrar for an examination and search of the files for any death record. Acts 2003, No. 1723, § 7.

In addition to the fees authorized by § 20-7-123(b)(1)(H) and (I) , the following fees shall be collected and credited to the State Board of Health Laboratory Revenue Fund:

(1) A fee of seven dollars ($7.00) collected by the State Registrar of Vital Records for the making and certification of any birth certificate or record;

(2) A fee of five dollars ($5.00) collected for the making and certification of each additional copy of any birth certificate or record;

(3) A fee of six dollars ($6.00) collected by the registrar for the making and certification of a single copy of a death certificate;

(4) A fee of seven dollars ($7.00) collected by the registrar for the making and certification of each additional copy of a death certificate;

(5) A fee of five dollars ($5.00) collected by the registrar for the making and certification of any marriage or divorce certificate or record;

(6) A fee of five dollars ($5.00) collected by the registrar for the making and certification of each additional copy of any marriage or divorce certificate or record;

(7) A fee of seven dollars ($7.00) collected by the registrar for an examination and search of the files for any birth record;

(8) A fee of five dollars ($5.00) collected by the registrar for an examination and search of the files for any marriage or divorce record; and

(9) A fee of six dollars ($6.00) collected by the registrar for an examination and search of the files for any death record.

Acts 2003, No. 1723, § 7.
Ark. Code Ann. § 20-16-2204 — AR Code / Title 20 / Chapter 16 / Subchapter 22 / Section 20-16-2204
Prohibitions
Status: in_force

(a) Public funds shall not be used to: (1) Finance human cloning or destructive embryo research, including destructive embryonic stem cell research; (2) Buy, receive, or otherwise transfer a human embryo with the knowledge that the embryo will be subject to destructive research; or (3) Buy, receive, or otherwise transfer gametes with the knowledge that a human embryo will be produced from the gametes to be used in destructive research. (b) The state, a state educational institution, or a political subdivision of the state shall not use public funds, facilities, or employees to knowingly destroy human embryos for the purpose of research or knowingly participate in human cloning or attempted human cloning. Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.

(a) Public funds shall not be used to: (1) Finance human cloning or destructive embryo research, including destructive embryonic stem cell research; (2) Buy, receive, or otherwise transfer a human embryo with the knowledge that the embryo will be subject to destructive research; or (3) Buy, receive, or otherwise transfer gametes with the knowledge that a human embryo will be produced from the gametes to be used in destructive research.

(1) Finance human cloning or destructive embryo research, including destructive embryonic stem cell research;

(2) Buy, receive, or otherwise transfer a human embryo with the knowledge that the embryo will be subject to destructive research; or

(3) Buy, receive, or otherwise transfer gametes with the knowledge that a human embryo will be produced from the gametes to be used in destructive research.

(b) The state, a state educational institution, or a political subdivision of the state shall not use public funds, facilities, or employees to knowingly destroy human embryos for the purpose of research or knowingly participate in human cloning or attempted human cloning.

Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 20-15-303 — AR Code / Title 20 / Chapter 15 / Subchapter 3 / Section 20-15-303
Exception
Status: in_force

This subchapter shall not apply to any child whose parents or guardian objects thereto on the grounds that it conflicts with the tenets and practices of a recognized church or religious faith of which the parent or guardian is an adherent or member. Acts 1967, No. 192, § 3; A.S.A. 1947, § 82-627.

This subchapter shall not apply to any child whose parents or guardian objects thereto on the grounds that it conflicts with the tenets and practices of a recognized church or religious faith of which the parent or guardian is an adherent or member.

Acts 1967, No. 192, § 3; A.S.A. 1947, § 82-627.
Ark. Code Ann. § 20-10-912 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-912
Bond of receiver
Status: in_force

The circuit court may require a receiver to post a bond, which may include provision for costs and attorney's fees, upon breach of fiduciary duty. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

The circuit court may require a receiver to post a bond, which may include provision for costs and attorney's fees, upon breach of fiduciary duty.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-19-308 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-308
Shipment to laboratory of head of animal suspected of being rabid
Status: in_force

Any person causing the death of an animal, either wild or domesticated, suspected of being rabid shall cause the head of the animal to be presented to a county health unit of the county in which the animal was killed. Acts 1953, No. 238, § 1; Acts 1968 (1st Ex. Sess.), No. 11, § 6; A.S.A. 1947, §§ 82-610, 82-2406; Acts 2005, No. 1994, § 116; 2009, No. 159, § 6.

Any person causing the death of an animal, either wild or domesticated, suspected of being rabid shall cause the head of the animal to be presented to a county health unit of the county in which the animal was killed.

Acts 1953, No. 238, § 1; Acts 1968 (1st Ex. Sess.), No. 11, § 6; A.S.A. 1947, §§ 82-610, 82-2406; Acts 2005, No. 1994, § 116; 2009, No. 159, § 6.
Ark. Code Ann. § 20-17-301 — AR Code / Title 20 / Chapter 17 / Subchapter 3 / Section 20-17-301
Subchapter cumulative
Status: in_force

This subchapter is cumulative and does not alter or repeal any law or laws in effect before June 9, 1955. Acts 1955, No. 172, § 3; A.S.A. 1947, § 82-407n.

This subchapter is cumulative and does not alter or repeal any law or laws in effect before June 9, 1955.

Acts 1955, No. 172, § 3; A.S.A. 1947, § 82-407n.
Ark. Code Ann. § 20-16-707 — AR Code / Title 20 / Chapter 16 / Subchapter 7 / Section 20-16-707
Attendance of additional physician required
Status: in_force

(a) An abortion of a viable fetus shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for a child born as a result of the abortion. (b) During the performance of the abortion, the physician performing it and, subsequent to the abortion, the physician required by this section to be in attendance shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable fetus, provided that it does not pose an increased risk to the life or health of the woman. Acts 1985, No. 268, § 4; A.S.A. 1947, § 41-2565.

(a) An abortion of a viable fetus shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for a child born as a result of the abortion.

(b) During the performance of the abortion, the physician performing it and, subsequent to the abortion, the physician required by this section to be in attendance shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable fetus, provided that it does not pose an increased risk to the life or health of the woman.

Acts 1985, No. 268, § 4; A.S.A. 1947, § 41-2565.
Ark. Code Ann. § 20-27-1903 — AR Code / Title 20 / Chapter 27 / Subchapter 19 / Section 20-27-1903
Tobacco use - Prohibitions
Status: in_force

(a) A person shall not knowingly smoke tobacco in a motor vehicle in which a child who is less than fourteen (14) years of age is a passenger. (b) (1) A person who violates this section upon conviction is guilty of a violation and shall be punished by a fine of not more than twenty-five dollars ($25.00). (2) If a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for violation of this section, court costs under § 16-10-305 or other costs or fees shall not be assessed. (3) A person who proves to the court that he or she has entered into a smoking cessation program may have his or her fine eliminated for a first offense violation of this section. Amended by Act 2015, No. 1264,§ 10, eff. 7/22/2015. Acts 2006 (1st Ex. Sess.), No. 13, § 3; 2011, No. 811, § 1.

(a) A person shall not knowingly smoke tobacco in a motor vehicle in which a child who is less than fourteen (14) years of age is a passenger.

(b) (1) A person who violates this section upon conviction is guilty of a violation and shall be punished by a fine of not more than twenty-five dollars ($25.00). (2) If a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for violation of this section, court costs under § 16-10-305 or other costs or fees shall not be assessed. (3) A person who proves to the court that he or she has entered into a smoking cessation program may have his or her fine eliminated for a first offense violation of this section.

(1) A person who violates this section upon conviction is guilty of a violation and shall be punished by a fine of not more than twenty-five dollars ($25.00).

(2) If a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for violation of this section, court costs under § 16-10-305 or other costs or fees shall not be assessed.

(3) A person who proves to the court that he or she has entered into a smoking cessation program may have his or her fine eliminated for a first offense violation of this section.

Amended by Act 2015, No. 1264,§ 10, eff. 7/22/2015.

Acts 2006 (1st Ex. Sess.), No. 13, § 3; 2011, No. 811, § 1.
Ark. Code Ann. § 20-78-702 — AR Code / Title 20 / Chapter 78 / Subchapter 7 / Section 20-78-702
Creation - Duties and powers
Status: in_force

(a) The Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program is established and shall be administered by the Department of Health. (b) The department shall implement the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation model developed by Dr. David Olds. (c) The department shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter. (d) The department shall collect data which will allow a valid and reliable evaluation of the short-term and long-term effectiveness of this intervention in improving maternal and child outcomes. The department shall collect data which at a minimum, will provide information on the effect of prenatal and infancy home visits by nurses on all of the following: (1) Preterm delivery, low birth weight, and infant morbidity and mortality; (2) Immunizations; (3) Mental development and behavioral problems; (4) Subsequent pregnancy; (5) Educational achievement; (6) Labor force participation; and (7) Use of public assistance programs. (e) The department shall coordinate with other state agencies to track childhood injuries, childhood maltreatment, and criminal activity. (f) The department shall cooperate with other state agencies and the developer of the program to create a more comprehensive evaluation of the overall impact and effectiveness of the program in Arkansas. Acts 1999, No. 1115, § 2; 2001, No. 237, § 1.

(a) The Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program is established and shall be administered by the Department of Health.

(b) The department shall implement the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation model developed by Dr. David Olds.

(c) The department shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter.

(d) The department shall collect data which will allow a valid and reliable evaluation of the short-term and long-term effectiveness of this intervention in improving maternal and child outcomes. The department shall collect data which at a minimum, will provide information on the effect of prenatal and infancy home visits by nurses on all of the following: (1) Preterm delivery, low birth weight, and infant morbidity and mortality; (2) Immunizations; (3) Mental development and behavioral problems; (4) Subsequent pregnancy; (5) Educational achievement; (6) Labor force participation; and (7) Use of public assistance programs.

(1) Preterm delivery, low birth weight, and infant morbidity and mortality;

(2) Immunizations;

(3) Mental development and behavioral problems;

(4) Subsequent pregnancy;

(5) Educational achievement;

(6) Labor force participation; and

(7) Use of public assistance programs.

(e) The department shall coordinate with other state agencies to track childhood injuries, childhood maltreatment, and criminal activity.

(f) The department shall cooperate with other state agencies and the developer of the program to create a more comprehensive evaluation of the overall impact and effectiveness of the program in Arkansas.

Acts 1999, No. 1115, § 2; 2001, No. 237, § 1.
Ark. Code Ann. § 20-77-808 — AR Code / Title 20 / Chapter 77 / Subchapter 8 / Section 20-77-808
Exclusion
Status: in_force

The provisions of this subchapter shall not be deemed to grant the Arkansas State Board of Pharmacy any authority to regulate the practice of nursing in this state, and the practicing of nursing in this state shall remain the sole responsibility of the Arkansas State Board of Nursing pursuant to the Nurse Practices Act, § 17-87-101 et seq. Acts 1993, No. 918, § 7.

The provisions of this subchapter shall not be deemed to grant the Arkansas State Board of Pharmacy any authority to regulate the practice of nursing in this state, and the practicing of nursing in this state shall remain the sole responsibility of the Arkansas State Board of Nursing pursuant to the Nurse Practices Act, § 17-87-101 et seq.

Acts 1993, No. 918, § 7.
Ark. Code Ann. § 20-76-211 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-211
Secretary's office of Department of Human Services - Client Specific Emergency Services Revolving Fund Paying Account
Status: in_force

(a) The Secretary's office of the Department of Human Services shall establish and maintain as a cash fund account the Client Specific Emergency Services Revolving Fund Paying Account consisting of federal grants, aids, cash donations, reimbursements, and state general revenue, not to exceed a daily balance of ten thousand dollars ($10,000), for delivery of immediate care, short-term services, or emergency services to eligible clients. (b) The account shall be established and maintained in accordance with procedures established by the Chief Fiscal Officer of the State for cash funds and shall be administered under the direction of the Secretary of the Department of Human Services. Amended by Act 2019, No. 910,§ 5216, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 2, eff. 8/1/2017. Acts 1985, No. 772, § 9; 1995, No. 1198, § 64; 1997, No. 1360, § 66.

(a) The Secretary's office of the Department of Human Services shall establish and maintain as a cash fund account the Client Specific Emergency Services Revolving Fund Paying Account consisting of federal grants, aids, cash donations, reimbursements, and state general revenue, not to exceed a daily balance of ten thousand dollars ($10,000), for delivery of immediate care, short-term services, or emergency services to eligible clients.

(b) The account shall be established and maintained in accordance with procedures established by the Chief Fiscal Officer of the State for cash funds and shall be administered under the direction of the Secretary of the Department of Human Services.

Amended by Act 2019, No. 910,§ 5216, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 2, eff. 8/1/2017.

Acts 1985, No. 772, § 9; 1995, No. 1198, § 64; 1997, No. 1360, § 66.
Ark. Code Ann. § 20-28-107 — AR Code / Title 20 / Chapter 28 / Section 20-28-107
Development restrictions
Status: in_force

In reviewing the impact on public health and safety of a plan for improvements to a public water system or a public sewer system through the addition of distribution lines to a subdivision or commercial development, the Engineering Section of the Department of Health shall consider the effect of the plan on future development or zoning of adjoining properties. Added by Act 2023, No. 565,§ 18, eff. 7/1/2023.

In reviewing the impact on public health and safety of a plan for improvements to a public water system or a public sewer system through the addition of distribution lines to a subdivision or commercial development, the Engineering Section of the Department of Health shall consider the effect of the plan on future development or zoning of adjoining properties.

Added by Act 2023, No. 565,§ 18, eff. 7/1/2023.
Ark. Code Ann. § 20-10-1904 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1904
Impartial decision maker - Qualifications
Status: in_force

(a) The impartial decision maker may be an individual or a committee of individuals employed by the Department of Health. (b) (1) An impartial decision maker shall be a nurse, a physician, a pharmacist, or any combination of nurses, physicians, or pharmacists, employed by the department. (2) Each person acting as an impartial decision maker shall be licensed by the State of Arkansas by their respective licensing agencies or boards. (c) All impartial decision makers shall undergo and complete surveyor training arranged by the Office of Long-Term Care. Acts 2003, No. 1108, § 1.

(a) The impartial decision maker may be an individual or a committee of individuals employed by the Department of Health.

(b) (1) An impartial decision maker shall be a nurse, a physician, a pharmacist, or any combination of nurses, physicians, or pharmacists, employed by the department. (2) Each person acting as an impartial decision maker shall be licensed by the State of Arkansas by their respective licensing agencies or boards.

(1) An impartial decision maker shall be a nurse, a physician, a pharmacist, or any combination of nurses, physicians, or pharmacists, employed by the department.

(2) Each person acting as an impartial decision maker shall be licensed by the State of Arkansas by their respective licensing agencies or boards.

(c) All impartial decision makers shall undergo and complete surveyor training arranged by the Office of Long-Term Care.

Acts 2003, No. 1108, § 1.
Ark. Code Ann. § 20-77-1102 — AR Code / Title 20 / Chapter 77 / Subchapter 11 / Section 20-77-1102
Purpose
Status: in_force

The purpose and intent of this subchapter is to establish a program to provide access to appropriate healthcare services for eligible children in Arkansas. Acts 1999, No. 849, § 2.

The purpose and intent of this subchapter is to establish a program to provide access to appropriate healthcare services for eligible children in Arkansas.

Acts 1999, No. 849, § 2.
Ark. Code Ann. § 20-27-2106 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2106
Marking of cigarette packaging
Status: in_force

(a) (1) Cigarettes that are certified by a manufacturer under § 20-27-2105 shall be marked to indicate compliance with the requirements of § 20-27-2104 . (2) The marking shall be in 8-point type or larger and consist of the letters "FSC", which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC code. (b) A manufacturer shall use only one (1) marking and shall apply the marking uniformly for all packages, including without limitation to packs, cartons, and cases, and brands marketed by the manufacturer. (c) (1) Manufacturers certifying cigarettes under § 20-27-2105 shall provide a copy of the certifications to all wholesalers to which they sell cigarettes. (2) Wholesalers and retailers shall permit the Director of Arkansas Tobacco Control, the Director of the Department of Finance and Administration, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section. Acts 2009, No. 697, § 2.

(a) (1) Cigarettes that are certified by a manufacturer under § 20-27-2105 shall be marked to indicate compliance with the requirements of § 20-27-2104 . (2) The marking shall be in 8-point type or larger and consist of the letters "FSC", which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC code.

(1) Cigarettes that are certified by a manufacturer under § 20-27-2105 shall be marked to indicate compliance with the requirements of § 20-27-2104 .

(2) The marking shall be in 8-point type or larger and consist of the letters "FSC", which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC code.

(b) A manufacturer shall use only one (1) marking and shall apply the marking uniformly for all packages, including without limitation to packs, cartons, and cases, and brands marketed by the manufacturer.

(c) (1) Manufacturers certifying cigarettes under § 20-27-2105 shall provide a copy of the certifications to all wholesalers to which they sell cigarettes. (2) Wholesalers and retailers shall permit the Director of Arkansas Tobacco Control, the Director of the Department of Finance and Administration, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section.

(1) Manufacturers certifying cigarettes under § 20-27-2105 shall provide a copy of the certifications to all wholesalers to which they sell cigarettes.

(2) Wholesalers and retailers shall permit the Director of Arkansas Tobacco Control, the Director of the Department of Finance and Administration, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-9-218 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-218
Emergency services facilities
Status: in_force

(a) The Department of Health is empowered to license under this subchapter and §§ 20-10-213 - 20-10-231 those hospitals which have discontinued inpatient services to continue to provide emergency services. (b) The emergency services facilities shall be subject to inspection and to all other provisions of this subchapter and §§ 20-10-213 - 20-10-231 and all rules promulgated under this subchapter and §§ 20-10-213 - 20-10-231 . (c) Hospital emergency services facilities licensed under this section shall not be required to obtain a certificate of need or any other permit other than that prescribed by this section. Amended by Act 2019, No. 315,§ 1840, eff. 7/24/2019. Acts 1987, No. 516, § 1.

(a) The Department of Health is empowered to license under this subchapter and §§ 20-10-213 - 20-10-231 those hospitals which have discontinued inpatient services to continue to provide emergency services.

(b) The emergency services facilities shall be subject to inspection and to all other provisions of this subchapter and §§ 20-10-213 - 20-10-231 and all rules promulgated under this subchapter and §§ 20-10-213 - 20-10-231 .

(c) Hospital emergency services facilities licensed under this section shall not be required to obtain a certificate of need or any other permit other than that prescribed by this section.

Amended by Act 2019, No. 315,§ 1840, eff. 7/24/2019.

Acts 1987, No. 516, § 1.
Ark. Code Ann. § 20-77-312 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-312
Denial or reduction of benefits - Provisions not applicable to Arkansas Medicaid Program
Status: in_force

General exclusion or reduction provisions relating to benefits paid by or eligibility under governmental programs, whether state or federal, shall not be construed to apply to the Arkansas Medicaid Program. Acts 1981, No. 500, § 10; A.S.A. 1947, § 83-171.11.

General exclusion or reduction provisions relating to benefits paid by or eligibility under governmental programs, whether state or federal, shall not be construed to apply to the Arkansas Medicaid Program.

Acts 1981, No. 500, § 10; A.S.A. 1947, § 83-171.11.
Ark. Code Ann. § 20-13-1107 — AR Code / Title 20 / Chapter 13 / Subchapter 11 / Section 20-13-1107
Procedure for challenge
Status: in_force

(a) A person may challenge the completeness or accuracy of criminal history information pursuant to § 12-12-1013 . (b) The Division of Emergency Medical Services shall follow the established procedures for applicants to challenge determinations in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as stated in the current EMS Rules. Amended by Act 2019, No. 315,§ 1932, eff. 7/24/2019. Acts 1999, No. 666, § 7.

(a) A person may challenge the completeness or accuracy of criminal history information pursuant to § 12-12-1013 .

(b) The Division of Emergency Medical Services shall follow the established procedures for applicants to challenge determinations in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as stated in the current EMS Rules.

Amended by Act 2019, No. 315,§ 1932, eff. 7/24/2019.

Acts 1999, No. 666, § 7.
Ark. Code Ann. § 20-77-1204 — AR Code / Title 20 / Chapter 77 / Subchapter 12 / Section 20-77-1204
Administration - Regulation
Status: in_force

(a) The Department of Human Services is authorized to apply to the Centers for Medicare & Medicaid Services for approval to create and administer the low-income disabled working person category of Medicaid eligibility. (b) The department shall promulgate rules for and administer the low-income disabled working person category of Medicaid eligibility in conformity with this subchapter with a state Medicaid plan amendment or waiver approved by the administration and in a manner that: (1) Limits the population that may enroll in the low-income disabled working person category of Medicaid eligibility to eligible persons; (2) Establishes premium and cost-sharing charges on a sliding scale based on income; (3) Limits the services reimbursed to Medicaid-covered services furnished by providers enrolled as Medicaid providers; (4) Limits reimbursements to the rates established by the department; and (5) Provides for the automatic assignment of medical payments due as set out in §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the low-income disabled working person category of Medicaid eligibility. (c) A rule adopted under this section shall not include a test for income, assets, or resources. Amended by Act 2013, No. 1048,§ 2, eff. 8/16/2013. Acts 1999, No. 1197, § 4.

(a) The Department of Human Services is authorized to apply to the Centers for Medicare & Medicaid Services for approval to create and administer the low-income disabled working person category of Medicaid eligibility.

(b) The department shall promulgate rules for and administer the low-income disabled working person category of Medicaid eligibility in conformity with this subchapter with a state Medicaid plan amendment or waiver approved by the administration and in a manner that: (1) Limits the population that may enroll in the low-income disabled working person category of Medicaid eligibility to eligible persons; (2) Establishes premium and cost-sharing charges on a sliding scale based on income; (3) Limits the services reimbursed to Medicaid-covered services furnished by providers enrolled as Medicaid providers; (4) Limits reimbursements to the rates established by the department; and (5) Provides for the automatic assignment of medical payments due as set out in §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the low-income disabled working person category of Medicaid eligibility.

(1) Limits the population that may enroll in the low-income disabled working person category of Medicaid eligibility to eligible persons;

(2) Establishes premium and cost-sharing charges on a sliding scale based on income;

(3) Limits the services reimbursed to Medicaid-covered services furnished by providers enrolled as Medicaid providers;

(4) Limits reimbursements to the rates established by the department; and

(5) Provides for the automatic assignment of medical payments due as set out in §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the low-income disabled working person category of Medicaid eligibility.

(c) A rule adopted under this section shall not include a test for income, assets, or resources.

Amended by Act 2013, No. 1048,§ 2, eff. 8/16/2013.

Acts 1999, No. 1197, § 4.
Ark. Code Ann. § 20-81-107 — AR Code / Title 20 / Chapter 81 / Section 20-81-107
Gifts, volunteer services, etc
Status: in_force

(a) The Secretary of the Department of Veterans Affairs is authorized to arrange for and accept through such mutual arrangement as may be made the volunteer services, equipment, gifts, facilities, properties, supplies, and personnel of any state, county, and municipal offices and agencies and of veterans' fraternal, welfare, civic, and service organizations in the furtherance of the purposes of this act. (b) The secretary may accept on behalf of the Department of Veterans Affairs from any natural person or legal entity the donation of real property for use as a cemetery for the interment of Arkansas veterans of the United States Armed Forces and their immediate next of kin as defined by the department. (c) The secretary may accept on behalf of the department from any source the donation of gifts, grants, cash, bequeaths, real or personal property, and equipment for the establishment, construction, maintenance, and operations of any state-owned and state-operated veterans' home. Amended by Act 2019, No. 910,§ 6335, eff. 7/1/2019. Amended by Act 2013, No. 988,§ 4, eff. 4/8/2013. Acts 1979, No 324, § 9; 1985, No. 431, § 1; A.S.A. 1947, §§ 11-1418, 11-1423.

(a) The Secretary of the Department of Veterans Affairs is authorized to arrange for and accept through such mutual arrangement as may be made the volunteer services, equipment, gifts, facilities, properties, supplies, and personnel of any state, county, and municipal offices and agencies and of veterans' fraternal, welfare, civic, and service organizations in the furtherance of the purposes of this act.

(b) The secretary may accept on behalf of the Department of Veterans Affairs from any natural person or legal entity the donation of real property for use as a cemetery for the interment of Arkansas veterans of the United States Armed Forces and their immediate next of kin as defined by the department.

(c) The secretary may accept on behalf of the department from any source the donation of gifts, grants, cash, bequeaths, real or personal property, and equipment for the establishment, construction, maintenance, and operations of any state-owned and state-operated veterans' home.

Amended by Act 2019, No. 910,§ 6335, eff. 7/1/2019.

Amended by Act 2013, No. 988,§ 4, eff. 4/8/2013.

Acts 1979, No 324, § 9; 1985, No. 431, § 1; A.S.A. 1947, §§ 11-1418, 11-1423.
Ark. Code Ann. § 20-77-1506 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1506
Program report
Status: in_force

(a) In order to demonstrate community-based healthcare access program viability and effectiveness, a community-based health cooperative shall collect data and, upon request, make available a report to the appropriate interim committees of the Senate and House of Representatives. (b) Data shall include: (1) The results of client member surveys; (2) The results of provider member surveys; (3) The results of community-need-assessment surveys; and (4) Other data as may be relevant to the community-based healthcare access program. (c) The report shall include recommendations with regard to criteria and priorities for improvement and expansion of the community-based healthcare access program. Acts 2003, No. 660, § 6.

(a) In order to demonstrate community-based healthcare access program viability and effectiveness, a community-based health cooperative shall collect data and, upon request, make available a report to the appropriate interim committees of the Senate and House of Representatives.

(b) Data shall include: (1) The results of client member surveys; (2) The results of provider member surveys; (3) The results of community-need-assessment surveys; and (4) Other data as may be relevant to the community-based healthcare access program.

(1) The results of client member surveys;

(2) The results of provider member surveys;

(3) The results of community-need-assessment surveys; and

(4) Other data as may be relevant to the community-based healthcare access program.

(c) The report shall include recommendations with regard to criteria and priorities for improvement and expansion of the community-based healthcare access program.

Acts 2003, No. 660, § 6.
Ark. Code Ann. § 20-21-404 — AR Code / Title 20 / Chapter 21 / Subchapter 4 / Section 20-21-404
Fees
Status: in_force

(a) There is levied and there shall be collected annually from each utility in this state which operates one (1) or more nuclear generating facilities a fee in such amount as shall be determined by the Chief Fiscal Officer of the State in the manner prescribed in this subchapter. (b) The fees so levied against each utility shall be remitted by the utility to the Secretary of the Department of Health within thirty (30) days after the amount thereof is certified by the Chief Fiscal Officer of the State. (c) If any utility shall fail or refuse to pay the fees as provided in this section within the time prescribed, the secretary shall add to the fee a penalty of twenty-five percent (25%) thereof and shall certify the amount of the delinquent fee and penalty to the Attorney General for collection. Amended by Act 2019, No. 910,§ 5026, eff. 7/1/2019. Acts 1980 (1st Ex. Sess.), No. 67, § 4; A.S.A. 1947, § 82-1544.

(a) There is levied and there shall be collected annually from each utility in this state which operates one (1) or more nuclear generating facilities a fee in such amount as shall be determined by the Chief Fiscal Officer of the State in the manner prescribed in this subchapter.

(b) The fees so levied against each utility shall be remitted by the utility to the Secretary of the Department of Health within thirty (30) days after the amount thereof is certified by the Chief Fiscal Officer of the State.

(c) If any utility shall fail or refuse to pay the fees as provided in this section within the time prescribed, the secretary shall add to the fee a penalty of twenty-five percent (25%) thereof and shall certify the amount of the delinquent fee and penalty to the Attorney General for collection.

Amended by Act 2019, No. 910,§ 5026, eff. 7/1/2019.

Acts 1980 (1st Ex. Sess.), No. 67, § 4; A.S.A. 1947, § 82-1544.
Ark. Code Ann. § 20-47-107 — AR Code / Title 20 / Chapter 47 / Subchapter 1 / Section 20-47-107
[Repealed]
Status: repealed

Repealed by Act 2017, No. 423,§ 34, eff. 8/1/2017. Rev. Stat., ch. 78, § 47; C. & M. Dig., § 5880; Pope's Dig., § 7602; A.S.A. 1947, § 59-114; Acts 2001, No. 1478, § 5.

Repealed by Act 2017, No. 423,§ 34, eff. 8/1/2017.

Rev. Stat., ch. 78, § 47; C. & M. Dig., § 5880; Pope's Dig., § 7602; A.S.A. 1947, § 59-114; Acts 2001, No. 1478, § 5.
Ark. Code Ann. § 20-23-402 — AR Code / Title 20 / Chapter 23 / Subchapter 4 / Section 20-23-402
Inspectors employed by insurance companies
Status: in_force

(a) Boiler inspectors employed by insurance companies which are authorized to insure boilers in this state shall hold certificates of competency issued by the Boiler Inspection Division as provided in this section and shall: (1) Inspect internally and externally at least one (1) time annually or within the time granted under § 20-23-203(a) all high pressure steam boilers insured by their respective companies; (2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler insured by their respective companies; and (3) Inspect unfired pressure vessels biennially. (b) The insured boilers shall be exempt from all inspections other than those of the respective insurance company inspectors unless there is some evidence that proper inspection is not being made. (c) Within thirty (30) days following each internal inspection made by its inspectors, each insurance company shall file a copy of the internal inspection report and date of the inspection with the Boiler Inspection Division on forms approved by the Division of Labor. (d) (1) Each insurance company shall file a report annually of all boilers insured and inspected showing location, owner, state number, and date of last inspection. (2) The report shall be filed not later than January 30 of each calendar year. (e) (1) If annual reports are not filed with the Boiler Inspection Division by insurance companies who have insurance on boilers in the State of Arkansas within sixty (60) days from the date they are due inspection, the Boiler Inspection Division shall make the required inspection. (2) A special inspection fee of one hundred dollars ($100) for each boiler or unfired pressure vessel inspected, plus mileage and expenses from Little Rock to point of inspection and return not to exceed the current rate authorized by the General Assembly to employees of state agencies who furnish their own transportation, plus any meals and hotel bills incurred shall be charged to the insurance company insuring the boilers or unfired pressure vessels unless an extension of time is granted by the Chief Inspector of the Boiler Inspection Division. (f) No operating certificate issued for an insured boiler inspected by an insurance company inspector shall be valid after the boiler for which it was issued shall cease to be insured by a company authorized by this state to carry the insurance. Amended by Act 2019, No. 910,§ 5461, eff. 7/1/2019. Amended by Act 2015, No. 95,§ 3, eff. 7/22/2015. Acts 1961, No. 494, § 3; 1970 (1st Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, § 81-503; Acts 1991, No. 560, § 3; 2005, No. 1012, § 5.

(a) Boiler inspectors employed by insurance companies which are authorized to insure boilers in this state shall hold certificates of competency issued by the Boiler Inspection Division as provided in this section and shall: (1) Inspect internally and externally at least one (1) time annually or within the time granted under § 20-23-203(a) all high pressure steam boilers insured by their respective companies; (2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler insured by their respective companies; and (3) Inspect unfired pressure vessels biennially.

(1) Inspect internally and externally at least one (1) time annually or within the time granted under § 20-23-203(a) all high pressure steam boilers insured by their respective companies;

(2) Inspect externally one (1) time annually and internally one (1) time every three (3) years every low pressure steam heating boiler insured by their respective companies; and

(3) Inspect unfired pressure vessels biennially.

(b) The insured boilers shall be exempt from all inspections other than those of the respective insurance company inspectors unless there is some evidence that proper inspection is not being made.

(c) Within thirty (30) days following each internal inspection made by its inspectors, each insurance company shall file a copy of the internal inspection report and date of the inspection with the Boiler Inspection Division on forms approved by the Division of Labor.

(d) (1) Each insurance company shall file a report annually of all boilers insured and inspected showing location, owner, state number, and date of last inspection. (2) The report shall be filed not later than January 30 of each calendar year.

(1) Each insurance company shall file a report annually of all boilers insured and inspected showing location, owner, state number, and date of last inspection.

(2) The report shall be filed not later than January 30 of each calendar year.

(e) (1) If annual reports are not filed with the Boiler Inspection Division by insurance companies who have insurance on boilers in the State of Arkansas within sixty (60) days from the date they are due inspection, the Boiler Inspection Division shall make the required inspection. (2) A special inspection fee of one hundred dollars ($100) for each boiler or unfired pressure vessel inspected, plus mileage and expenses from Little Rock to point of inspection and return not to exceed the current rate authorized by the General Assembly to employees of state agencies who furnish their own transportation, plus any meals and hotel bills incurred shall be charged to the insurance company insuring the boilers or unfired pressure vessels unless an extension of time is granted by the Chief Inspector of the Boiler Inspection Division.

(1) If annual reports are not filed with the Boiler Inspection Division by insurance companies who have insurance on boilers in the State of Arkansas within sixty (60) days from the date they are due inspection, the Boiler Inspection Division shall make the required inspection.

(2) A special inspection fee of one hundred dollars ($100) for each boiler or unfired pressure vessel inspected, plus mileage and expenses from Little Rock to point of inspection and return not to exceed the current rate authorized by the General Assembly to employees of state agencies who furnish their own transportation, plus any meals and hotel bills incurred shall be charged to the insurance company insuring the boilers or unfired pressure vessels unless an extension of time is granted by the Chief Inspector of the Boiler Inspection Division.

(f) No operating certificate issued for an insured boiler inspected by an insurance company inspector shall be valid after the boiler for which it was issued shall cease to be insured by a company authorized by this state to carry the insurance.

Amended by Act 2019, No. 910,§ 5461, eff. 7/1/2019.

Amended by Act 2015, No. 95,§ 3, eff. 7/22/2015.

Acts 1961, No. 494, § 3; 1970 (1st Ex. Sess.), No. 65, § 1; 1975, No. 162, § 2; 1979, No. 526, § 2; 1981, No. 9, § 2; 1983, No. 303, § 2; A.S.A. 1947, § 81-503; Acts 1991, No. 560, § 3; 2005, No. 1012, § 5.
Ark. Code Ann. § 20-13-210 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-210
Rules and standards - Review required
Status: in_force

(a) (1) All rules and standards relating to emergency medical services promulgated and adopted by the Emergency Medical Services Advisory Council and the State Board of Health or any other state agency or department authorized to promulgate and adopt rules to carry out this subchapter shall be submitted to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof for consideration before being placed in effect by the department or agency. (2) No rules or standards promulgated to carry out this subchapter shall be enforced by any state agency or department until they have been: (A) Submitted to and considered by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; and (B) Reviewed and approved by the Legislative Council under § 10-3-309 . (b) Rules promulgated by the Emergency Medical Services Advisory Council shall receive approval of the Governor after he or she receives the review and approval of the Legislative Council before effect and enforcement. Amended by Act 2015, No. 1258,§ 18, eff. 7/22/2015. Acts 1975 (Extended Sess., 1976), No. 1099, § 13; 1977, No. 491, § 1; 1977, No. 889, § 31; A.S.A. 1947, §§ 82-3405.2, 82-3405.3; reen. Acts 1987, No. 1021, § 1; 1997, No. 179, § 28.

(a) (1) All rules and standards relating to emergency medical services promulgated and adopted by the Emergency Medical Services Advisory Council and the State Board of Health or any other state agency or department authorized to promulgate and adopt rules to carry out this subchapter shall be submitted to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof for consideration before being placed in effect by the department or agency. (2) No rules or standards promulgated to carry out this subchapter shall be enforced by any state agency or department until they have been: (A) Submitted to and considered by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; and (B) Reviewed and approved by the Legislative Council under § 10-3-309 .

(1) All rules and standards relating to emergency medical services promulgated and adopted by the Emergency Medical Services Advisory Council and the State Board of Health or any other state agency or department authorized to promulgate and adopt rules to carry out this subchapter shall be submitted to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof for consideration before being placed in effect by the department or agency.

(2) No rules or standards promulgated to carry out this subchapter shall be enforced by any state agency or department until they have been: (A) Submitted to and considered by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; and (B) Reviewed and approved by the Legislative Council under § 10-3-309 .

(A) Submitted to and considered by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; and

(B) Reviewed and approved by the Legislative Council under § 10-3-309 .

(b) Rules promulgated by the Emergency Medical Services Advisory Council shall receive approval of the Governor after he or she receives the review and approval of the Legislative Council before effect and enforcement.

Amended by Act 2015, No. 1258,§ 18, eff. 7/22/2015.

Acts 1975 (Extended Sess., 1976), No. 1099, § 13; 1977, No. 491, § 1; 1977, No. 889, § 31; A.S.A. 1947, §§ 82-3405.2, 82-3405.3; reen. Acts 1987, No. 1021, § 1; 1997, No. 179, § 28.