Ark. Code Ann. § 20-9-1306 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1306
Suspensions
Status: in_force

(a) If failure to take a professional review action may result in an imminent danger to the health of any individual, the hospital may immediately suspend or restrict the medical staff membership or clinical privileges of a physician. (b) If an action is taken under subsection (a) of this section, then the hospital shall follow all the other provisions of this subchapter as soon as practicable following the suspension or restriction. (c) In the case of a suspension or restriction of clinical privileges, for a period of not longer than fourteen (14) days, during which an investigation is being conducted to determine the need for a professional review action: (1) No hearing is required to be held regarding the suspension; (2) The parties shall comply with § 20-9-1309 and all other applicable provisions of this subchapter; and (3) The physician shall be given the opportunity to discuss the case with the individual or individuals conducting the investigation during the fourteen (14) days before any recommendation or decision is made about continuing the suspension or restriction. Amended by Act 2017, No. 975,§ 3, eff. 8/1/2017. Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.

(a) If failure to take a professional review action may result in an imminent danger to the health of any individual, the hospital may immediately suspend or restrict the medical staff membership or clinical privileges of a physician.

(b) If an action is taken under subsection (a) of this section, then the hospital shall follow all the other provisions of this subchapter as soon as practicable following the suspension or restriction.

(c) In the case of a suspension or restriction of clinical privileges, for a period of not longer than fourteen (14) days, during which an investigation is being conducted to determine the need for a professional review action: (1) No hearing is required to be held regarding the suspension; (2) The parties shall comply with § 20-9-1309 and all other applicable provisions of this subchapter; and (3) The physician shall be given the opportunity to discuss the case with the individual or individuals conducting the investigation during the fourteen (14) days before any recommendation or decision is made about continuing the suspension or restriction.

(1) No hearing is required to be held regarding the suspension;

(2) The parties shall comply with § 20-9-1309 and all other applicable provisions of this subchapter; and

(3) The physician shall be given the opportunity to discuss the case with the individual or individuals conducting the investigation during the fourteen (14) days before any recommendation or decision is made about continuing the suspension or restriction.

Amended by Act 2017, No. 975,§ 3, eff. 8/1/2017.

Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-47-709 — AR Code / Title 20 / Chapter 47 / Subchapter 7 / Section 20-47-709
Rules
Status: in_force

The Department of Human Services shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as necessary to carry out this subchapter. Acts 2007, No. 1593, § 1.

The Department of Human Services shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as necessary to carry out this subchapter.

Acts 2007, No. 1593, § 1.
Ark. Code Ann. § 20-15-905 — AR Code / Title 20 / Chapter 15 / Subchapter 9 / Section 20-15-905
HIV Shield Law - Definitions
Status: in_force

(a) As used in this section: (1) "Affected individual" means a healthcare provider, employee of a health facility, or emergency response worker who is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of another individual; (2) "Emergency response worker" means: (A) Paramedics; (B) Emergency response employees; (C) Firefighters; (D) First response workers; (E) Emergency medical technicians; (F) Emergency medical services personnel; (G) Volunteers making an authorized emergency response; (H) Law enforcement officers and personnel; and (I) A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, § 17-95-101 ; (3) "Healthcare provider" means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind; (4) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution; (5) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS); (6) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity; and (7) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV or of HIV infection. (b) (1) Consent is not required for a healthcare provider or health facility to perform a test when a healthcare provider, employee of a health facility, or emergency response worker is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his or her medical judgment. (2) (A) The results of the test shall be provided by a representative of the health facility performing the test to: (i) The affected individual; (ii) The individual tested; (iii) The affected individual's physician, with the consent of the affected individual; and (iv) The physician of the individual tested, with the consent of the individual tested. (B) Appropriate counseling shall be provided along with the test results. (c) (1) Informed consent, information, and counseling are not required for the performance of an HIV test when, in the judgment of the physician, the testing is medically indicated to provide an appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to the physician for medical treatment. (2) If confirmatory testing is positive for evidence of HIV infection, the patient shall be informed. (d) Healthcare providers or facilities may not deny appropriate care based upon the results of an HIV test. (e) (1) Notwithstanding any other law to the contrary, no person who performs a test pursuant to subsection (b) or subsection (c) of this section shall be subject to civil or criminal liability for doing so. (2) Notwithstanding any other law to the contrary, no person who discloses a test result in accordance with the provisions of subsection (b) of this section shall be subject to civil or criminal liability. However, nothing in this section shall be construed to limit the confidentiality for AIDS testing provided by § 20-15-901 or other provision of law unless testing is conducted pursuant to this section. Amended by Act 2019, No. 253,§ 3, eff. 7/24/2019. Acts 1991, No. 289, §§ 1-5; 1999, No. 1536, § 11.

(a) As used in this section: (1) "Affected individual" means a healthcare provider, employee of a health facility, or emergency response worker who is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of another individual; (2) "Emergency response worker" means: (A) Paramedics; (B) Emergency response employees; (C) Firefighters; (D) First response workers; (E) Emergency medical technicians; (F) Emergency medical services personnel; (G) Volunteers making an authorized emergency response; (H) Law enforcement officers and personnel; and (I) A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, § 17-95-101 ; (3) "Healthcare provider" means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind; (4) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution; (5) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS); (6) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity; and (7) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV or of HIV infection.

(1) "Affected individual" means a healthcare provider, employee of a health facility, or emergency response worker who is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of another individual;

(2) "Emergency response worker" means: (A) Paramedics; (B) Emergency response employees; (C) Firefighters; (D) First response workers; (E) Emergency medical technicians; (F) Emergency medical services personnel; (G) Volunteers making an authorized emergency response; (H) Law enforcement officers and personnel; and (I) A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, § 17-95-101 ;

(A) Paramedics;

(B) Emergency response employees;

(C) Firefighters;

(D) First response workers;

(E) Emergency medical technicians;

(F) Emergency medical services personnel;

(G) Volunteers making an authorized emergency response;

(H) Law enforcement officers and personnel; and

(I) A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, § 17-95-101 ;

(3) "Healthcare provider" means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind;

(4) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution;

(5) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS);

(6) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity; and

(7) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV or of HIV infection.

(b) (1) Consent is not required for a healthcare provider or health facility to perform a test when a healthcare provider, employee of a health facility, or emergency response worker is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his or her medical judgment. (2) (A) The results of the test shall be provided by a representative of the health facility performing the test to: (i) The affected individual; (ii) The individual tested; (iii) The affected individual's physician, with the consent of the affected individual; and (iv) The physician of the individual tested, with the consent of the individual tested. (B) Appropriate counseling shall be provided along with the test results.

(1) Consent is not required for a healthcare provider or health facility to perform a test when a healthcare provider, employee of a health facility, or emergency response worker is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his or her medical judgment.

(2) (A) The results of the test shall be provided by a representative of the health facility performing the test to: (i) The affected individual; (ii) The individual tested; (iii) The affected individual's physician, with the consent of the affected individual; and (iv) The physician of the individual tested, with the consent of the individual tested. (B) Appropriate counseling shall be provided along with the test results.

(A) The results of the test shall be provided by a representative of the health facility performing the test to: (i) The affected individual; (ii) The individual tested; (iii) The affected individual's physician, with the consent of the affected individual; and (iv) The physician of the individual tested, with the consent of the individual tested.

(i) The affected individual;

(ii) The individual tested;

(iii) The affected individual's physician, with the consent of the affected individual; and

(iv) The physician of the individual tested, with the consent of the individual tested.

(B) Appropriate counseling shall be provided along with the test results.

(c) (1) Informed consent, information, and counseling are not required for the performance of an HIV test when, in the judgment of the physician, the testing is medically indicated to provide an appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to the physician for medical treatment. (2) If confirmatory testing is positive for evidence of HIV infection, the patient shall be informed.

(1) Informed consent, information, and counseling are not required for the performance of an HIV test when, in the judgment of the physician, the testing is medically indicated to provide an appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to the physician for medical treatment.

(2) If confirmatory testing is positive for evidence of HIV infection, the patient shall be informed.

(d) Healthcare providers or facilities may not deny appropriate care based upon the results of an HIV test.

(e) (1) Notwithstanding any other law to the contrary, no person who performs a test pursuant to subsection (b) or subsection (c) of this section shall be subject to civil or criminal liability for doing so. (2) Notwithstanding any other law to the contrary, no person who discloses a test result in accordance with the provisions of subsection (b) of this section shall be subject to civil or criminal liability. However, nothing in this section shall be construed to limit the confidentiality for AIDS testing provided by § 20-15-901 or other provision of law unless testing is conducted pursuant to this section.

(1) Notwithstanding any other law to the contrary, no person who performs a test pursuant to subsection (b) or subsection (c) of this section shall be subject to civil or criminal liability for doing so.

(2) Notwithstanding any other law to the contrary, no person who discloses a test result in accordance with the provisions of subsection (b) of this section shall be subject to civil or criminal liability. However, nothing in this section shall be construed to limit the confidentiality for AIDS testing provided by § 20-15-901 or other provision of law unless testing is conducted pursuant to this section.

Amended by Act 2019, No. 253,§ 3, eff. 7/24/2019.

Acts 1991, No. 289, §§ 1-5; 1999, No. 1536, § 11.
Ark. Code Ann. § 20-7-203 — AR Code / Title 20 / Chapter 7 / Subchapter 2 / Section 20-7-203
Disposition of funds
Status: in_force

(a) The Secretary of the Department of Health may construct or acquire such facilities and property as are necessary for the provision of current and future requirements for the Department of Health. (b) Notwithstanding other provisions of this subchapter, the secretary, with the approval of the State Board of Health, may use any unobligated funds in the State Health Department Building and Local Grant Trust Fund in an amount not to exceed six hundred fifty thousand dollars ($650,000) to construct or acquire any land, building, structure, or other property, real, personal, or mixed, and any expenses incidental thereto which are deemed appropriate for the provision of current and future requirements for the department. (c) With the approval of the board, the secretary may lease, sublease, or otherwise negotiate for the use of any space acquired or constructed under this subchapter to other governmental and nongovernmental entities. Revenues derived from any such lease, sublease, or other arrangement shall be deposited into the Public Health Fund. (d) Neither the secretary nor any member of the board shall be personally liable for any obligation or action undertaken in connection therewith or for any damages sustained by anyone with respect to any obligations or actions unless he or she shall have acted with a corrupt intent. Amended by Act 2019, No. 910,§ 4936, eff. 7/1/2019. Acts 1989, No. 749, § 1; 1991, No. 1162, § 14; 1993, No. 350, § 2.

(a) The Secretary of the Department of Health may construct or acquire such facilities and property as are necessary for the provision of current and future requirements for the Department of Health.

(b) Notwithstanding other provisions of this subchapter, the secretary, with the approval of the State Board of Health, may use any unobligated funds in the State Health Department Building and Local Grant Trust Fund in an amount not to exceed six hundred fifty thousand dollars ($650,000) to construct or acquire any land, building, structure, or other property, real, personal, or mixed, and any expenses incidental thereto which are deemed appropriate for the provision of current and future requirements for the department.

(c) With the approval of the board, the secretary may lease, sublease, or otherwise negotiate for the use of any space acquired or constructed under this subchapter to other governmental and nongovernmental entities. Revenues derived from any such lease, sublease, or other arrangement shall be deposited into the Public Health Fund.

(d) Neither the secretary nor any member of the board shall be personally liable for any obligation or action undertaken in connection therewith or for any damages sustained by anyone with respect to any obligations or actions unless he or she shall have acted with a corrupt intent.

Amended by Act 2019, No. 910,§ 4936, eff. 7/1/2019.

Acts 1989, No. 749, § 1; 1991, No. 1162, § 14; 1993, No. 350, § 2.
Ark. Code Ann. § 20-15-2407 — AR Code / Title 20 / Chapter 15 / Subchapter 24 / Section 20-15-2407
Reporting
Status: in_force

(a) Beginning in 2020, the Maternal and Perinatal Outcomes Quality Review Committee shall file a written report on maternal and perinatal outcomes and its recommendations on or before December 31 of each year to: (1) The Senate Committee on Public Health, Welfare, and Labor; (2) The House Committee on Public Health, Welfare, and Labor; and (3) The Legislative Council. (b) The report shall include: (1) The findings and recommendations of the Maternal and Perinatal Outcomes Quality Review Committee; and (2) An analysis of factual information obtained from the review of the birth outcome data and local or regional review panels that do not violate the confidentiality provisions under this subchapter. (c) The report shall include only aggregate data and shall not identify a particular facility or provider. Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.

(a) Beginning in 2020, the Maternal and Perinatal Outcomes Quality Review Committee shall file a written report on maternal and perinatal outcomes and its recommendations on or before December 31 of each year to: (1) The Senate Committee on Public Health, Welfare, and Labor; (2) The House Committee on Public Health, Welfare, and Labor; and (3) The Legislative Council.

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

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

(3) The Legislative Council.

(b) The report shall include: (1) The findings and recommendations of the Maternal and Perinatal Outcomes Quality Review Committee; and (2) An analysis of factual information obtained from the review of the birth outcome data and local or regional review panels that do not violate the confidentiality provisions under this subchapter.

(1) The findings and recommendations of the Maternal and Perinatal Outcomes Quality Review Committee; and

(2) An analysis of factual information obtained from the review of the birth outcome data and local or regional review panels that do not violate the confidentiality provisions under this subchapter.

(c) The report shall include only aggregate data and shall not identify a particular facility or provider.

Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-12-203 — AR Code / Title 20 / Chapter 12 / Subchapter 2 / Section 20-12-203
Administration
Status: in_force

(a) (1) There is established on the books of the Treasurer of State, the Chief Fiscal Officer of the State, and the Auditor of State, a fund to be known as the "Rural Medical Clinic Revolving Loan Fund", which shall consist of moneys provided by law to be used solely and exclusively for the making of loans by the State Board of Finance, upon application therefor, for the construction and equipping of rural medical clinics in rural areas of this state. (2) Loans for any one (1) medical practitioner or for the same rural medical clinic shall not exceed in the aggregate the sum of one hundred fifty thousand dollars ($150,000). (3) Loans shall be at five percent (5%) interest annually and shall not be for a period of more than ten (10) years. (b) Before the loan may be made, the State Board of Finance shall determine: (1) That the rural community in which the rural medical clinic is to be established through a loan made under this subchapter does not have adequate medical services available in the rural community; (2) That the land, building, and equipment to be acquired, constructed, or renovated through the use of the loan funds are needed to meet the medical needs of the community in which it is to be established; (3) That the medical practitioners seeking the loan have entered into an agreement with the State Board of Finance, which shall be a part of the loan application and agreement, if approved, to engage in medical practice in the rural medical clinic for the period for which the loan is applied; and (4) That, if there are not adequate funds available to make loans for rural medical clinics applying for the loans, the State Board of Finance shall make the loans to those rural medical clinics which, in the opinion of the State Board of Finance, will meet the more critical rural medical needs of this state. (c) Loans made under this subchapter shall be secured by a first lien mortgage on the lands and buildings to be acquired, constructed, or improved and upon the equipment to be installed therein to be used as a medical clinic in the rural area of this state. (d) If any person obtaining a loan under this subchapter shall be delinquent in making two (2) payments due under the terms of the loan or shall cease to use the property or equipment for which the loan was provided as a medical clinic, the entire unpaid balance of the loan and all unpaid interest thereon shall be due and payable upon a determination of the facts by a court of competent jurisdiction. (e) The State Board of Finance may make such reasonable rules and prescribe such forms and procedures as are deemed appropriate to enable it to enforce this subchapter. (f) In addition to such criteria as are established by the State Board of Finance, the State Board of Health may establish through rules promulgated by the Department of Health criteria to implement the following requirements: (1) That a person with an already established practice will not be considered an eligible applicant except under extreme circumstances threatening the continuance of his or her service to the rural community; (2) That the applicant shall serve a proportionate amount of Medicaid patients for the rural community; (3) That the applicant shall demonstrate a willingness to work within the existing healthcare system; (4) That the applicant shall practice a minimum of thirty-two (32) hours a week; and (5) That no applicant with professional income guarantees from other sources shall be approved under this program. (g) The department shall develop criteria for evaluating medically underserved areas, which shall include, but not be limited to: (1) Infant mortality rate; (2) Poverty population percentage; (3) Population-to-primary-care-physician ratio; and (4) Teenage pregnancy rate. Amended by Act 2019, No. 315,§ 1912, eff. 7/24/2019. Acts 1979, No. 1093, § 2; A.S.A. 1947, § 82-4303; Acts 1993, No. 762, § 3; 1995, No. 1088, § 2.

(a) (1) There is established on the books of the Treasurer of State, the Chief Fiscal Officer of the State, and the Auditor of State, a fund to be known as the "Rural Medical Clinic Revolving Loan Fund", which shall consist of moneys provided by law to be used solely and exclusively for the making of loans by the State Board of Finance, upon application therefor, for the construction and equipping of rural medical clinics in rural areas of this state. (2) Loans for any one (1) medical practitioner or for the same rural medical clinic shall not exceed in the aggregate the sum of one hundred fifty thousand dollars ($150,000). (3) Loans shall be at five percent (5%) interest annually and shall not be for a period of more than ten (10) years.

(1) There is established on the books of the Treasurer of State, the Chief Fiscal Officer of the State, and the Auditor of State, a fund to be known as the "Rural Medical Clinic Revolving Loan Fund", which shall consist of moneys provided by law to be used solely and exclusively for the making of loans by the State Board of Finance, upon application therefor, for the construction and equipping of rural medical clinics in rural areas of this state.

(2) Loans for any one (1) medical practitioner or for the same rural medical clinic shall not exceed in the aggregate the sum of one hundred fifty thousand dollars ($150,000).

(3) Loans shall be at five percent (5%) interest annually and shall not be for a period of more than ten (10) years.

(b) Before the loan may be made, the State Board of Finance shall determine: (1) That the rural community in which the rural medical clinic is to be established through a loan made under this subchapter does not have adequate medical services available in the rural community; (2) That the land, building, and equipment to be acquired, constructed, or renovated through the use of the loan funds are needed to meet the medical needs of the community in which it is to be established; (3) That the medical practitioners seeking the loan have entered into an agreement with the State Board of Finance, which shall be a part of the loan application and agreement, if approved, to engage in medical practice in the rural medical clinic for the period for which the loan is applied; and (4) That, if there are not adequate funds available to make loans for rural medical clinics applying for the loans, the State Board of Finance shall make the loans to those rural medical clinics which, in the opinion of the State Board of Finance, will meet the more critical rural medical needs of this state.

(1) That the rural community in which the rural medical clinic is to be established through a loan made under this subchapter does not have adequate medical services available in the rural community;

(2) That the land, building, and equipment to be acquired, constructed, or renovated through the use of the loan funds are needed to meet the medical needs of the community in which it is to be established;

(3) That the medical practitioners seeking the loan have entered into an agreement with the State Board of Finance, which shall be a part of the loan application and agreement, if approved, to engage in medical practice in the rural medical clinic for the period for which the loan is applied; and

(4) That, if there are not adequate funds available to make loans for rural medical clinics applying for the loans, the State Board of Finance shall make the loans to those rural medical clinics which, in the opinion of the State Board of Finance, will meet the more critical rural medical needs of this state.

(c) Loans made under this subchapter shall be secured by a first lien mortgage on the lands and buildings to be acquired, constructed, or improved and upon the equipment to be installed therein to be used as a medical clinic in the rural area of this state.

(d) If any person obtaining a loan under this subchapter shall be delinquent in making two (2) payments due under the terms of the loan or shall cease to use the property or equipment for which the loan was provided as a medical clinic, the entire unpaid balance of the loan and all unpaid interest thereon shall be due and payable upon a determination of the facts by a court of competent jurisdiction.

(e) The State Board of Finance may make such reasonable rules and prescribe such forms and procedures as are deemed appropriate to enable it to enforce this subchapter.

(f) In addition to such criteria as are established by the State Board of Finance, the State Board of Health may establish through rules promulgated by the Department of Health criteria to implement the following requirements: (1) That a person with an already established practice will not be considered an eligible applicant except under extreme circumstances threatening the continuance of his or her service to the rural community; (2) That the applicant shall serve a proportionate amount of Medicaid patients for the rural community; (3) That the applicant shall demonstrate a willingness to work within the existing healthcare system; (4) That the applicant shall practice a minimum of thirty-two (32) hours a week; and (5) That no applicant with professional income guarantees from other sources shall be approved under this program.

(1) That a person with an already established practice will not be considered an eligible applicant except under extreme circumstances threatening the continuance of his or her service to the rural community;

(2) That the applicant shall serve a proportionate amount of Medicaid patients for the rural community;

(3) That the applicant shall demonstrate a willingness to work within the existing healthcare system;

(4) That the applicant shall practice a minimum of thirty-two (32) hours a week; and

(5) That no applicant with professional income guarantees from other sources shall be approved under this program.

(g) The department shall develop criteria for evaluating medically underserved areas, which shall include, but not be limited to: (1) Infant mortality rate; (2) Poverty population percentage; (3) Population-to-primary-care-physician ratio; and (4) Teenage pregnancy rate.

(1) Infant mortality rate;

(2) Poverty population percentage;

(3) Population-to-primary-care-physician ratio; and

(4) Teenage pregnancy rate.

Amended by Act 2019, No. 315,§ 1912, eff. 7/24/2019.

Acts 1979, No. 1093, § 2; A.S.A. 1947, § 82-4303; Acts 1993, No. 762, § 3; 1995, No. 1088, § 2.
Ark. Code Ann. § 20-9-404 — AR Code / Title 20 / Chapter 9 / Subchapter 4 / Section 20-9-404
License fee
Status: in_force

The Department of Health may levy and collect a fee for the issuance of an annual license to a freestanding birthing center. The license fee for a freestanding birthing center shall be an annual fee of one thousand dollars ($1,000). Acts 1997, No. 891, § 5.

The Department of Health may levy and collect a fee for the issuance of an annual license to a freestanding birthing center. The license fee for a freestanding birthing center shall be an annual fee of one thousand dollars ($1,000).

Acts 1997, No. 891, § 5.
Ark. Code Ann. § 20-61-206 — AR Code / Title 20 / Chapter 61 / Subchapter 2 / Section 20-61-206
Labeling
Status: in_force

(a) A catfish or catfish-like product shall not be offered for direct retail sale for human consumption by a processor, distributor, or retailer unless the catfish or catfish-like product name is specifically labeled in the following manner: (1) "Farm-Raised Catfish", if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture; (2) "River or Lake Catfish", if the product has been produced in any freshwater lake, river, or stream of the state but has not been produced according to the usual and customary techniques of commercial aquaculture; (3) "Imported", provided the catfish or catfish-like species is produced from freshwater, either according to the usual and customary techniques of aquaculture, or from freshwater lakes, rivers, or streams of a country other than the United States; and (4) "Ocean Catfish", provided the catfish product is produced from marine or estuarine waters in the United States. (b) Any person selling river or lake catfish or catfish-like species exclusively and directly to the consumer may have on his or her premises a sign reasonably visible to the consumer which identifies the product as river or lake catfish or catfish-like species, rather than labeling each individual container or package of catfish or catfish-like product, as provided in subsection (a) of this section. (c) Any retailer selling catfish or catfish-like products not wrapped or in a container may comply with this subchapter by placing a sign on the display case or refrigeration unit so that the sign is reasonably visible to the consumer, giving notice that the catfish or catfish-like species is either farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as the products are defined in subsection (a) of this section. (d) Any advertising as to any catfish or catfish-like product shall state whether the catfish or catfish-like product is farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as defined in subsection (a) of this section. (e) Subsections (a)-(d) of this section shall not apply to catfish or catfish-like products exported from the United States. (f) All distributors, processors, or wholesalers of catfish or catfish-like products distributing or selling catfish or catfish-like products shall provide information to each person, firm, or corporation to whom they distribute or sell catfish or catfish-like products for resale as to whether the catfish or catfish-like product is farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as these terms are defined in subsection (a) of this section. Amended by Act 2015, No. 1191,§ 3, eff. 1/1/2016. Acts 1975 (Extended Sess., 1976), No. 1209, §§ 4, 5; A.S.A. 1947, §§ 82-990, 82-991; reen. Acts 1987, No. 1005, §§ 4, 5.

(a) A catfish or catfish-like product shall not be offered for direct retail sale for human consumption by a processor, distributor, or retailer unless the catfish or catfish-like product name is specifically labeled in the following manner: (1) "Farm-Raised Catfish", if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture; (2) "River or Lake Catfish", if the product has been produced in any freshwater lake, river, or stream of the state but has not been produced according to the usual and customary techniques of commercial aquaculture; (3) "Imported", provided the catfish or catfish-like species is produced from freshwater, either according to the usual and customary techniques of aquaculture, or from freshwater lakes, rivers, or streams of a country other than the United States; and (4) "Ocean Catfish", provided the catfish product is produced from marine or estuarine waters in the United States.

(1) "Farm-Raised Catfish", if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture;

(2) "River or Lake Catfish", if the product has been produced in any freshwater lake, river, or stream of the state but has not been produced according to the usual and customary techniques of commercial aquaculture;

(3) "Imported", provided the catfish or catfish-like species is produced from freshwater, either according to the usual and customary techniques of aquaculture, or from freshwater lakes, rivers, or streams of a country other than the United States; and

(4) "Ocean Catfish", provided the catfish product is produced from marine or estuarine waters in the United States.

(b) Any person selling river or lake catfish or catfish-like species exclusively and directly to the consumer may have on his or her premises a sign reasonably visible to the consumer which identifies the product as river or lake catfish or catfish-like species, rather than labeling each individual container or package of catfish or catfish-like product, as provided in subsection (a) of this section.

(c) Any retailer selling catfish or catfish-like products not wrapped or in a container may comply with this subchapter by placing a sign on the display case or refrigeration unit so that the sign is reasonably visible to the consumer, giving notice that the catfish or catfish-like species is either farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as the products are defined in subsection (a) of this section.

(d) Any advertising as to any catfish or catfish-like product shall state whether the catfish or catfish-like product is farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as defined in subsection (a) of this section.

(e) Subsections (a)-(d) of this section shall not apply to catfish or catfish-like products exported from the United States.

(f) All distributors, processors, or wholesalers of catfish or catfish-like products distributing or selling catfish or catfish-like products shall provide information to each person, firm, or corporation to whom they distribute or sell catfish or catfish-like products for resale as to whether the catfish or catfish-like product is farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as these terms are defined in subsection (a) of this section.

Amended by Act 2015, No. 1191,§ 3, eff. 1/1/2016.

Acts 1975 (Extended Sess., 1976), No. 1209, §§ 4, 5; A.S.A. 1947, §§ 82-990, 82-991; reen. Acts 1987, No. 1005, §§ 4, 5.
Ark. Code Ann. § 20-16-1701 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Woman's Right-to-Know Act". Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Woman's Right-to-Know Act".

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-16-2305 — AR Code / Title 20 / Chapter 16 / Subchapter 23 / Section 20-16-2305
Professional sanctions
Status: in_force

(a) A violation of this subchapter shall constitute unprofessional conduct and shall result in the revocation of a physician's license to practice medicine. (b) A violation of this subchapter may be used as the basis for: (1) Denying an application for licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession; (2) Denying an application for renewal of licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession; and (3) Revoking a license, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession. Acts 2019, No. 953, § 1, eff. 7/24/2020.

(a) A violation of this subchapter shall constitute unprofessional conduct and shall result in the revocation of a physician's license to practice medicine.

(b) A violation of this subchapter may be used as the basis for: (1) Denying an application for licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession; (2) Denying an application for renewal of licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession; and (3) Revoking a license, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession.

(1) Denying an application for licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession;

(2) Denying an application for renewal of licensure, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession; and

(3) Revoking a license, certification, permit, registration, or other form of permission required to practice or engage in a trade, occupation, or profession.

Acts 2019, No. 953, § 1, eff. 7/24/2020.
Ark. Code Ann. § 20-48-503 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-503
Authority to issue revenue bonds and use available funds and revenues
Status: in_force

(a) The Board of Developmental Disabilities Services is authorized to use any available revenues for the accomplishment of the purposes specified and referred to in § 20-48-502 and is authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes, either alone or together with other available funds and revenues. (b) The amount of bonds issued shall be sufficient to pay all costs and sums required and necessarily incidental to the accomplishment of the specified purposes, all costs incurred in connection with the issuance of the bonds, the amount necessary to cover debt service on the bonds until revenues are available in a sufficient amount therefor, and the amount necessary for a debt service reserve, if deemed desirable. Acts 1963, No. 186, § 2; A.S.A. 1947, § 59-1118.

(a) The Board of Developmental Disabilities Services is authorized to use any available revenues for the accomplishment of the purposes specified and referred to in § 20-48-502 and is authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes, either alone or together with other available funds and revenues.

(b) The amount of bonds issued shall be sufficient to pay all costs and sums required and necessarily incidental to the accomplishment of the specified purposes, all costs incurred in connection with the issuance of the bonds, the amount necessary to cover debt service on the bonds until revenues are available in a sufficient amount therefor, and the amount necessary for a debt service reserve, if deemed desirable.

Acts 1963, No. 186, § 2; A.S.A. 1947, § 59-1118.
Ark. Code Ann. § 20-76-514 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-514
[Repealed]
Status: repealed

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

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

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-6-107 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-107
Requirement of guardian to comply with principal's individual instruction
Status: in_force

(a) Absent a court order to the contrary, a guardian shall comply with the principal's individual instructions and shall not revoke the principal's advance directive. (b) Except as provided in § 28-65-102 , a healthcare decision made by a guardian for the principal is effective without judicial approval. Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) Absent a court order to the contrary, a guardian shall comply with the principal's individual instructions and shall not revoke the principal's advance directive.

(b) Except as provided in § 28-65-102 , a healthcare decision made by a guardian for the principal is effective without judicial approval.

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

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-64-203 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-203
Manufacturers and wholesalers
Status: in_force

No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the Secretary of the Department of Health. Amended by Act 2019, No. 910,§ 5090, eff. 7/1/2019. Acts 1937, No. 344, § 3; Pope's Dig., § 10128; A.S.A. 1947, § 82-1003.

No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the Secretary of the Department of Health.

Amended by Act 2019, No. 910,§ 5090, eff. 7/1/2019.

Acts 1937, No. 344, § 3; Pope's Dig., § 10128; A.S.A. 1947, § 82-1003.
Ark. Code Ann. § 20-6-112 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-112
Presumption of capacity
Status: in_force

(a) This subchapter does not affect the right of an individual to make healthcare decisions while having capacity to do so. (b) An individual is presumed to have capacity to make a healthcare decision, to give or revoke an advance directive, and to designate or disqualify a surrogate. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) This subchapter does not affect the right of an individual to make healthcare decisions while having capacity to do so.

(b) An individual is presumed to have capacity to make a healthcare decision, to give or revoke an advance directive, and to designate or disqualify a surrogate.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-7-701 — AR Code / Title 20 / Chapter 7 / Subchapter 7 / Section 20-7-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Combating Prescription Drug Abuse Act". Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Combating Prescription Drug Abuse Act".

Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.
Ark. Code Ann. § 20-15-902 — AR Code / Title 20 / Chapter 15 / Subchapter 9 / Section 20-15-902
Counseling - Seminars
Status: in_force

The Division of Elementary and Secondary Education, the University of Arkansas for Medical Sciences, and the Department of Health shall jointly provide counseling and shall also conduct public seminars designed to educate the public regarding acquired immune deficiency syndrome (AIDS). Amended by Act 2019, No. 910,§ 2286, eff. 7/1/2019. Acts 1987 (1st Ex. Sess.), No. 51, § 2.

The Division of Elementary and Secondary Education, the University of Arkansas for Medical Sciences, and the Department of Health shall jointly provide counseling and shall also conduct public seminars designed to educate the public regarding acquired immune deficiency syndrome (AIDS).

Amended by Act 2019, No. 910,§ 2286, eff. 7/1/2019.

Acts 1987 (1st Ex. Sess.), No. 51, § 2.
Ark. Code Ann. § 20-15-1304 — AR Code / Title 20 / Chapter 15 / Subchapter 13 / Section 20-15-1304
Advisory board - Breast Cancer Control Program
Status: in_force

(a) (1) There is hereby established a Breast Cancer Control Advisory Board, which shall consist of eight (8) members appointed by the Governor, as follows: (A) One (1) member shall be appointed to represent the Arkansas Medical Society, Inc.; (B) One (1) member shall represent the Arkansas Chapter of Susan G. Komen; (C) One (1) member shall represent the Arkansas Hospital Association, Inc.; (D) One (1) member shall represent the American Cancer Society; (E) One (1) member shall represent the Arkansas Nurses Association; (F) One (1) member shall represent the medical oncology community; (G) One (1) member shall represent the radiation oncology community; and (H) One (1) member shall be a women's health advocate. (2) Each of the four (4) congressional districts shall be represented by at least one (1) member. (3) The members shall serve for a period of four (4) years. (b) (1) There is established in the Department of Health the Breast Cancer Control Program. This program shall provide for the early detection, diagnosis, and treatment of breast cancer. (2) The program shall be administered according to the following principles: (A) The program shall provide for breast cancer education and awareness so as to ensure early detection and conduct surveillance activities across the state; (B) The program shall provide screening of women for breast cancer, including mammography, as an early detection healthcare measure; (C) After screening, the program shall provide medical referrals and financial assistance for services necessary for definitive diagnoses, including nonradiological techniques and biopsy; and (D) If a positive diagnosis is made, the program shall provide the necessary advocacy and financial assistance to help the person obtain necessary treatment. Acts 1997, No. 434, § 4.

(a) (1) There is hereby established a Breast Cancer Control Advisory Board, which shall consist of eight (8) members appointed by the Governor, as follows: (A) One (1) member shall be appointed to represent the Arkansas Medical Society, Inc.; (B) One (1) member shall represent the Arkansas Chapter of Susan G. Komen; (C) One (1) member shall represent the Arkansas Hospital Association, Inc.; (D) One (1) member shall represent the American Cancer Society; (E) One (1) member shall represent the Arkansas Nurses Association; (F) One (1) member shall represent the medical oncology community; (G) One (1) member shall represent the radiation oncology community; and (H) One (1) member shall be a women's health advocate. (2) Each of the four (4) congressional districts shall be represented by at least one (1) member. (3) The members shall serve for a period of four (4) years.

(1) There is hereby established a Breast Cancer Control Advisory Board, which shall consist of eight (8) members appointed by the Governor, as follows: (A) One (1) member shall be appointed to represent the Arkansas Medical Society, Inc.; (B) One (1) member shall represent the Arkansas Chapter of Susan G. Komen; (C) One (1) member shall represent the Arkansas Hospital Association, Inc.; (D) One (1) member shall represent the American Cancer Society; (E) One (1) member shall represent the Arkansas Nurses Association; (F) One (1) member shall represent the medical oncology community; (G) One (1) member shall represent the radiation oncology community; and (H) One (1) member shall be a women's health advocate.

(A) One (1) member shall be appointed to represent the Arkansas Medical Society, Inc.;

(B) One (1) member shall represent the Arkansas Chapter of Susan G. Komen;

(C) One (1) member shall represent the Arkansas Hospital Association, Inc.;

(D) One (1) member shall represent the American Cancer Society;

(E) One (1) member shall represent the Arkansas Nurses Association;

(F) One (1) member shall represent the medical oncology community;

(G) One (1) member shall represent the radiation oncology community; and

(H) One (1) member shall be a women's health advocate.

(2) Each of the four (4) congressional districts shall be represented by at least one (1) member.

(3) The members shall serve for a period of four (4) years.

(b) (1) There is established in the Department of Health the Breast Cancer Control Program. This program shall provide for the early detection, diagnosis, and treatment of breast cancer. (2) The program shall be administered according to the following principles: (A) The program shall provide for breast cancer education and awareness so as to ensure early detection and conduct surveillance activities across the state; (B) The program shall provide screening of women for breast cancer, including mammography, as an early detection healthcare measure; (C) After screening, the program shall provide medical referrals and financial assistance for services necessary for definitive diagnoses, including nonradiological techniques and biopsy; and (D) If a positive diagnosis is made, the program shall provide the necessary advocacy and financial assistance to help the person obtain necessary treatment.

(1) There is established in the Department of Health the Breast Cancer Control Program. This program shall provide for the early detection, diagnosis, and treatment of breast cancer.

(2) The program shall be administered according to the following principles: (A) The program shall provide for breast cancer education and awareness so as to ensure early detection and conduct surveillance activities across the state; (B) The program shall provide screening of women for breast cancer, including mammography, as an early detection healthcare measure; (C) After screening, the program shall provide medical referrals and financial assistance for services necessary for definitive diagnoses, including nonradiological techniques and biopsy; and (D) If a positive diagnosis is made, the program shall provide the necessary advocacy and financial assistance to help the person obtain necessary treatment.

(A) The program shall provide for breast cancer education and awareness so as to ensure early detection and conduct surveillance activities across the state;

(B) The program shall provide screening of women for breast cancer, including mammography, as an early detection healthcare measure;

(C) After screening, the program shall provide medical referrals and financial assistance for services necessary for definitive diagnoses, including nonradiological techniques and biopsy; and

(D) If a positive diagnosis is made, the program shall provide the necessary advocacy and financial assistance to help the person obtain necessary treatment.

Acts 1997, No. 434, § 4.
Ark. Code Ann. § 20-21-214 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-214
Licensing and registration requirements - Sources of ionizing radiation
Status: in_force

(a) The State Radiation Control Agency shall require registration or licensing of other sources of ionizing radiation. (b) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section and § 20-21-213 when the agency makes a finding that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public. Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.

(a) The State Radiation Control Agency shall require registration or licensing of other sources of ionizing radiation.

(b) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section and § 20-21-213 when the agency makes a finding that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.

Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.
Ark. Code Ann. § 20-61-205 — AR Code / Title 20 / Chapter 61 / Subchapter 2 / Section 20-61-205
Rules
Status: in_force

(a) The Director of the Arkansas Bureau of Standards is authorized to promulgate such rules as may be necessary for the efficient enforcement of this subchapter. (b) (1) Before the issuance, amendment, or repeal of any rule authorized by this subchapter, the director shall publish the proposed rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. (2) After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed rules or to amend or repeal an existing rule. Amended by Act 2019, No. 315,§ 2223, eff. 7/24/2019. Acts 1975 (Extended Sess., 1976), No. 1209, § 6; A.S.A. 1947, § 82-992; reen. Acts 1987, No. 1005, § 6.

(a) The Director of the Arkansas Bureau of Standards is authorized to promulgate such rules as may be necessary for the efficient enforcement of this subchapter.

(b) (1) Before the issuance, amendment, or repeal of any rule authorized by this subchapter, the director shall publish the proposed rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. (2) After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed rules or to amend or repeal an existing rule.

(1) Before the issuance, amendment, or repeal of any rule authorized by this subchapter, the director shall publish the proposed rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time.

(2) After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed rules or to amend or repeal an existing rule.

Amended by Act 2019, No. 315,§ 2223, eff. 7/24/2019.

Acts 1975 (Extended Sess., 1976), No. 1209, § 6; A.S.A. 1947, § 82-992; reen. Acts 1987, No. 1005, § 6.
Ark. Code Ann. § 20-16-702 — AR Code / Title 20 / Chapter 16 / Subchapter 7 / Section 20-16-702
Definitions
Status: in_force

As used in this subchapter: (1) "Abortion" means the intentional termination of the pregnancy of a mother with an intention other than to increase the probability of a live birth or to remove a dead or dying fetus; (2) "Physician" means any person licensed to practice medicine in this state; and (3) "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support. Amended by Act 2019, No. 700,§ 2, eff. 7/24/2019. Acts 1985, No. 268, § 1; A.S.A. 1947, § 41-2562.

As used in this subchapter:

(1) "Abortion" means the intentional termination of the pregnancy of a mother with an intention other than to increase the probability of a live birth or to remove a dead or dying fetus;

(2) "Physician" means any person licensed to practice medicine in this state; and

(3) "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support.

Amended by Act 2019, No. 700,§ 2, eff. 7/24/2019.

Acts 1985, No. 268, § 1; A.S.A. 1947, § 41-2562.
Ark. Code Ann. § 20-28-103 — AR Code / Title 20 / Chapter 28 / Section 20-28-103
Penalties - Enforcement
Status: in_force

(a) (1) The owner or agent of any water system violating any provisions of this chapter shall upon conviction be guilty of a violation. (2) Each day in violation shall constitute a separate offense subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (b) Additionally, any water system violating any provision of this chapter shall be subject to civil penalties up to one thousand dollars ($1,000) per day for each day during which the violation occurs. (c) The Attorney General or his or her designee shall assist the Department of Health in prosecuting water systems not in compliance with this chapter. Acts 1987, No. 95, § 5; 1991, No. 1053, § 1; 2005, No. 1994, § 127.

(a) (1) The owner or agent of any water system violating any provisions of this chapter shall upon conviction be guilty of a violation. (2) Each day in violation shall constitute a separate offense subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(1) The owner or agent of any water system violating any provisions of this chapter shall upon conviction be guilty of a violation.

(2) Each day in violation shall constitute a separate offense subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(b) Additionally, any water system violating any provision of this chapter shall be subject to civil penalties up to one thousand dollars ($1,000) per day for each day during which the violation occurs.

(c) The Attorney General or his or her designee shall assist the Department of Health in prosecuting water systems not in compliance with this chapter.

Acts 1987, No. 95, § 5; 1991, No. 1053, § 1; 2005, No. 1994, § 127.
Ark. Code Ann. § 20-77-1403 — AR Code / Title 20 / Chapter 77 / Subchapter 14 / Section 20-77-1403
Definitions
Status: in_force

As used in this subchapter: (1) [Repealed.] (2) "Medicaid" means the Arkansas program of medical assistance established under Title XIX of the Social Security Act; (3) "Prescription Drug Access Program" means the limited prescription drug benefit Medicaid waiver program established under this subchapter; (4) "Prescription drugs" means controlled substances and legend drugs as defined in § 20-64-503 ; and (5) "Waiver" means the limited prescription drug benefit Medicaid waiver authorized by this subchapter. Amended by Act 2019, No. 389,§ 77, eff. 7/24/2019. Acts 2001, No. 1658, § 1.

As used in this subchapter:

(1) [Repealed.]

(2) "Medicaid" means the Arkansas program of medical assistance established under Title XIX of the Social Security Act;

(3) "Prescription Drug Access Program" means the limited prescription drug benefit Medicaid waiver program established under this subchapter;

(4) "Prescription drugs" means controlled substances and legend drugs as defined in § 20-64-503 ; and

(5) "Waiver" means the limited prescription drug benefit Medicaid waiver authorized by this subchapter.

Amended by Act 2019, No. 389,§ 77, eff. 7/24/2019.

Acts 2001, No. 1658, § 1.
Ark. Code Ann. § 20-64-805 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-805
Inspections - Procedures
Status: in_force

(a) To assure compliance with this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any receiving facility or program to which persons are admitted or committed under this subchapter. (b) The division shall promulgate written procedures to implement this subchapter on or before July 1, 1995. The provisions shall: (1) Designate receiving facilities or programs within prescribed geographical areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter; and (2) Establish ongoing mechanisms, guidelines, and rules for review and refinement of the treatment programs offered in the receiving facilities or programs for alcohol and other drug abuse throughout this state. Amended by Act 2019, No. 315,§ 2234, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 97, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 28, eff. 8/16/2013. Acts 1989 (3rd Ex. Sess.), No. 10, § 21; 1995, No. 1268, § 3.

(a) To assure compliance with this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any receiving facility or program to which persons are admitted or committed under this subchapter.

(b) The division shall promulgate written procedures to implement this subchapter on or before July 1, 1995. The provisions shall: (1) Designate receiving facilities or programs within prescribed geographical areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter; and (2) Establish ongoing mechanisms, guidelines, and rules for review and refinement of the treatment programs offered in the receiving facilities or programs for alcohol and other drug abuse throughout this state.

(1) Designate receiving facilities or programs within prescribed geographical areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter; and

(2) Establish ongoing mechanisms, guidelines, and rules for review and refinement of the treatment programs offered in the receiving facilities or programs for alcohol and other drug abuse throughout this state.

Amended by Act 2019, No. 315,§ 2234, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 97, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 28, eff. 8/16/2013.

Acts 1989 (3rd Ex. Sess.), No. 10, § 21; 1995, No. 1268, § 3.
Ark. Code Ann. § 20-27-2001 — AR Code / Title 20 / Chapter 27 / Subchapter 20 / Section 20-27-2001
Breastfeeding in public
Status: in_force

A woman may breastfeed a child in a public place or any place where other individuals are present. Acts 2007, No. 680, § 2.

A woman may breastfeed a child in a public place or any place where other individuals are present.

Acts 2007, No. 680, § 2.
Ark. Code Ann. § 20-6-305 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-305
Compliance
Status: in_force

(a) Except as provided in subsection (c) of this section, a healthcare provider and a healthcare facility shall treat a patient in accordance with the physician order for life-sustaining treatment form. (b) A physician order for life-sustaining treatment form is valid in a healthcare facility, regardless of whether the physician who signed the life-sustaining treatment form has clinical privileges at the healthcare facility. (c) (1) A healthcare provider or healthcare facility is not required to comply with a physician order for life-sustaining treatment form if the physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to a healthcare provider or healthcare facility. (2) A healthcare provider or healthcare facility may decline to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility: (A) Promptly informs the patient or legal representative of the patient regarding the inability to carry out the physician order for life-sustaining treatment form; (B) Provides continuing care to the patient until a transfer can be made or a determination has been made that the transfer cannot be made; and (C) (i) Makes all reasonable efforts to assist in the prompt transfer of the patient to another healthcare provider or healthcare facility that is willing to comply with the executed physician order for life-sustaining treatment form. (ii) If a transfer cannot be made, the healthcare provider or healthcare facility shall not be compelled to comply with the physician order for life-sustaining treatment form. (3) This section does not authorize a healthcare provider or healthcare facility to withhold life-sustaining treatment against the wishes of a patient or a legal representative. Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

(a) Except as provided in subsection (c) of this section, a healthcare provider and a healthcare facility shall treat a patient in accordance with the physician order for life-sustaining treatment form.

(b) A physician order for life-sustaining treatment form is valid in a healthcare facility, regardless of whether the physician who signed the life-sustaining treatment form has clinical privileges at the healthcare facility.

(c) (1) A healthcare provider or healthcare facility is not required to comply with a physician order for life-sustaining treatment form if the physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to a healthcare provider or healthcare facility. (2) A healthcare provider or healthcare facility may decline to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility: (A) Promptly informs the patient or legal representative of the patient regarding the inability to carry out the physician order for life-sustaining treatment form; (B) Provides continuing care to the patient until a transfer can be made or a determination has been made that the transfer cannot be made; and (C) (i) Makes all reasonable efforts to assist in the prompt transfer of the patient to another healthcare provider or healthcare facility that is willing to comply with the executed physician order for life-sustaining treatment form. (ii) If a transfer cannot be made, the healthcare provider or healthcare facility shall not be compelled to comply with the physician order for life-sustaining treatment form. (3) This section does not authorize a healthcare provider or healthcare facility to withhold life-sustaining treatment against the wishes of a patient or a legal representative.

(1) A healthcare provider or healthcare facility is not required to comply with a physician order for life-sustaining treatment form if the physician order for life-sustaining treatment form requires medically ineffective health care or health care contrary to generally accepted healthcare standards applicable to a healthcare provider or healthcare facility.

(2) A healthcare provider or healthcare facility may decline to comply with an executed physician order for life-sustaining treatment form based upon religious beliefs or moral convictions if the healthcare provider or healthcare facility: (A) Promptly informs the patient or legal representative of the patient regarding the inability to carry out the physician order for life-sustaining treatment form; (B) Provides continuing care to the patient until a transfer can be made or a determination has been made that the transfer cannot be made; and (C) (i) Makes all reasonable efforts to assist in the prompt transfer of the patient to another healthcare provider or healthcare facility that is willing to comply with the executed physician order for life-sustaining treatment form. (ii) If a transfer cannot be made, the healthcare provider or healthcare facility shall not be compelled to comply with the physician order for life-sustaining treatment form.

(A) Promptly informs the patient or legal representative of the patient regarding the inability to carry out the physician order for life-sustaining treatment form;

(B) Provides continuing care to the patient until a transfer can be made or a determination has been made that the transfer cannot be made; and

(C) (i) Makes all reasonable efforts to assist in the prompt transfer of the patient to another healthcare provider or healthcare facility that is willing to comply with the executed physician order for life-sustaining treatment form. (ii) If a transfer cannot be made, the healthcare provider or healthcare facility shall not be compelled to comply with the physician order for life-sustaining treatment form.

(i) Makes all reasonable efforts to assist in the prompt transfer of the patient to another healthcare provider or healthcare facility that is willing to comply with the executed physician order for life-sustaining treatment form.

(ii) If a transfer cannot be made, the healthcare provider or healthcare facility shall not be compelled to comply with the physician order for life-sustaining treatment form.

(3) This section does not authorize a healthcare provider or healthcare facility to withhold life-sustaining treatment against the wishes of a patient or a legal representative.

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-17-903 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-903
Application to locate or extend boundaries
Status: in_force

(a) Whenever it is proposed to locate a cemetery or to extend the boundaries of an existing cemetery, the party so proposing shall make written application to the county judge or to the mayor of an incorporated city or town, according to whether the cemetery or extension of a cemetery is to be located in the jurisdiction of one (1) or the other of these authorities. The written description shall describe accurately the location and boundaries of the proposed cemetery or extension of a cemetery. (b) Before acting upon the application, the county judge or the mayor, as the case may be, shall refer the application to the Department of Health for investigation from a sanitary standpoint. In making such an investigation the department shall take into consideration the proximity of the proposed cemetery or extension of a cemetery to human habitations, the nature of the soil, the drainage of the ground, the danger of pollution of valuable springs or streams of water, and such other conditions as would bear upon the situation. (c) Having completed its investigation as promptly as can be done, the department shall submit a report to the judge or the mayor, as the case may be, and either approve or disapprove the application. (d) Having received the report from the department, the county judge or the mayor, as the case may be, as recommended by the department, shall either grant or deny the application. (e) Should the application be granted, the county judge or the mayor, as the case may be, shall issue to the party making the application in such form as may be prescribed by the department a permit to establish or extend the cemetery in question. (f) The permit shall be recorded in the office of the county judge or the mayor and a copy forwarded to the department. Acts 1929, No. 204, § 1; Pope's Dig., § 6446; Acts 1985, No. 1014, § 1; A.S.A. 1947, § 82-401.

(a) Whenever it is proposed to locate a cemetery or to extend the boundaries of an existing cemetery, the party so proposing shall make written application to the county judge or to the mayor of an incorporated city or town, according to whether the cemetery or extension of a cemetery is to be located in the jurisdiction of one (1) or the other of these authorities. The written description shall describe accurately the location and boundaries of the proposed cemetery or extension of a cemetery.

(b) Before acting upon the application, the county judge or the mayor, as the case may be, shall refer the application to the Department of Health for investigation from a sanitary standpoint. In making such an investigation the department shall take into consideration the proximity of the proposed cemetery or extension of a cemetery to human habitations, the nature of the soil, the drainage of the ground, the danger of pollution of valuable springs or streams of water, and such other conditions as would bear upon the situation.

(c) Having completed its investigation as promptly as can be done, the department shall submit a report to the judge or the mayor, as the case may be, and either approve or disapprove the application.

(d) Having received the report from the department, the county judge or the mayor, as the case may be, as recommended by the department, shall either grant or deny the application.

(e) Should the application be granted, the county judge or the mayor, as the case may be, shall issue to the party making the application in such form as may be prescribed by the department a permit to establish or extend the cemetery in question.

(f) The permit shall be recorded in the office of the county judge or the mayor and a copy forwarded to the department.

Acts 1929, No. 204, § 1; Pope's Dig., § 6446; Acts 1985, No. 1014, § 1; A.S.A. 1947, § 82-401.
Ark. Code Ann. § 20-9-902 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-902
Definitions
Status: in_force

As used in this subchapter: (1) "Certificate" means a certificate of registration granted by the State Board of Health to a private review agent; (2) (A) "Private review agent" means a nonhospital-affiliated person or entity performing utilization review on behalf of: (i) An employer of employees in the State of Arkansas; or (ii) A third party that provides or administers hospital and medical benefits to citizens of this state, including: (a) A health maintenance organization issued a certificate of authority under and by virtue of the laws of the State of Arkansas; and (b) A health insurer, nonprofit health service plan, health insurance service organization, or preferred provider organization or other entity offering health insurance policies, contracts, or benefits in this state. (B) "Private review agent" does not include automobile, homeowner, or casualty and commercial liability insurers or their employees, agents, or contractors; (3) "Utilization review" means a system for review which reviews the appropriate and efficient allocation of hospital resources and medical services given or proposed to be given to a patient or group of patients; and (4) "Utilization review plan" means a description of the utilization review procedures of a private review agent. Amended by Act 2019, No. 389,§ 13, eff. 7/24/2019. Acts 1989, No. 537, § 1; 2001, No. 1729, § 1.

As used in this subchapter:

(1) "Certificate" means a certificate of registration granted by the State Board of Health to a private review agent;

(2) (A) "Private review agent" means a nonhospital-affiliated person or entity performing utilization review on behalf of: (i) An employer of employees in the State of Arkansas; or (ii) A third party that provides or administers hospital and medical benefits to citizens of this state, including: (a) A health maintenance organization issued a certificate of authority under and by virtue of the laws of the State of Arkansas; and (b) A health insurer, nonprofit health service plan, health insurance service organization, or preferred provider organization or other entity offering health insurance policies, contracts, or benefits in this state. (B) "Private review agent" does not include automobile, homeowner, or casualty and commercial liability insurers or their employees, agents, or contractors;

(A) "Private review agent" means a nonhospital-affiliated person or entity performing utilization review on behalf of: (i) An employer of employees in the State of Arkansas; or (ii) A third party that provides or administers hospital and medical benefits to citizens of this state, including: (a) A health maintenance organization issued a certificate of authority under and by virtue of the laws of the State of Arkansas; and (b) A health insurer, nonprofit health service plan, health insurance service organization, or preferred provider organization or other entity offering health insurance policies, contracts, or benefits in this state.

(i) An employer of employees in the State of Arkansas; or

(ii) A third party that provides or administers hospital and medical benefits to citizens of this state, including: (a) A health maintenance organization issued a certificate of authority under and by virtue of the laws of the State of Arkansas; and (b) A health insurer, nonprofit health service plan, health insurance service organization, or preferred provider organization or other entity offering health insurance policies, contracts, or benefits in this state.

(a) A health maintenance organization issued a certificate of authority under and by virtue of the laws of the State of Arkansas; and

(b) A health insurer, nonprofit health service plan, health insurance service organization, or preferred provider organization or other entity offering health insurance policies, contracts, or benefits in this state.

(B) "Private review agent" does not include automobile, homeowner, or casualty and commercial liability insurers or their employees, agents, or contractors;

(3) "Utilization review" means a system for review which reviews the appropriate and efficient allocation of hospital resources and medical services given or proposed to be given to a patient or group of patients; and

(4) "Utilization review plan" means a description of the utilization review procedures of a private review agent.

Amended by Act 2019, No. 389,§ 13, eff. 7/24/2019.

Acts 1989, No. 537, § 1; 2001, No. 1729, § 1.
Ark. Code Ann. § 20-10-603 — AR Code / Title 20 / Chapter 10 / Subchapter 6 / Section 20-10-603
Access to patients
Status: in_force

No ombudsman shall be denied access to any patient or resident in a long-term care facility during any period of operation of the facility. Acts 1987, No. 252, § 3.

No ombudsman shall be denied access to any patient or resident in a long-term care facility during any period of operation of the facility.

Acts 1987, No. 252, § 3.
Ark. Code Ann. § 20-17-710 — AR Code / Title 20 / Chapter 17 / Subchapter 7 / Section 20-17-710
Nonliability
Status: in_force

No person shall be civilly liable for possessing, examining, dissecting, or handling in any lawful manner any cadaver under this subchapter. Acts 1959, No. 22, § 10; A.S.A. 1947, § 82-405.9.

No person shall be civilly liable for possessing, examining, dissecting, or handling in any lawful manner any cadaver under this subchapter.

Acts 1959, No. 22, § 10; A.S.A. 1947, § 82-405.9.
Ark. Code Ann. § 20-10-1706 — AR Code / Title 20 / Chapter 10 / Subchapter 17 / Section 20-10-1706
Reimbursement
Status: in_force

For Medicaid-eligible clients, the Department of Human Services shall reimburse assisted living facilities on a per diem basis in accordance with approval for per diem reimbursement from the Centers for Medicare & Medicaid Services. Acts 2001, No. 1230, § 6.

For Medicaid-eligible clients, the Department of Human Services shall reimburse assisted living facilities on a per diem basis in accordance with approval for per diem reimbursement from the Centers for Medicare & Medicaid Services.

Acts 2001, No. 1230, § 6.
Ark. Code Ann. § 20-8-1001 — AR Code / Title 20 / Chapter 8 / Subchapter 10 / Section 20-8-1001
Life Choices Lifeline Program
Status: in_force

(a) The Department of Health and the Department of Human Services may implement the Life Choices Lifeline Program as a statewide care program to provide direct services, support, social services case management, and referrals to individuals listed in subsection (f) of this section. (b) The Life Choices Lifeline Program shall: (1) Encourage healthy childbirth; (2) Support childbirth as an alternative to abortion; (3) Promote family formation; (4) Aid successful parenting; and (5) Increase families' economic self-sufficiency. (c) Funding provided for services of the Life Choices Lifeline Program shall be used for nonsectarian purposes only. (d) The Life Choices Lifeline Program shall consist of at least the following components: (1) Direct-to-participant marketing within the state; (2) The use of licensed nurses, community health workers, or other individuals of equivalent experience to offer healthy pregnancy program services to participants in the Life Choices Lifeline Program, including: (A) An assessment and evaluation of needs related to pregnancy or parenting; (B) Medically accurate pregnancy-related medical information; (C) Assistance obtaining obstetric care, primary care, mental health or behavioral health counseling, or postpartum care; and (D) Assistance for Life Choices Lifeline Program participants in obtaining medical and mental health care; (3) The use of licensed social workers, nurses, community health workers, licensed professional counselors, or other individuals of equivalent experience to offer care plan coordination services to participants in the Life Choices Lifeline Program, including: (A) Development of a care plan of resources and support to address the needs identified; (B) Referrals to appropriate local resources, including state and federal benefits programs and local charitable organizations; (C) Assistance in applying for state and federal benefits programs; (D) Assistance in accomplishing elements of the care plan; (E) Services related to postpartum depression and related referrals; (F) Assistance obtaining pediatric care and postpartum care; and (G) Assistance obtaining substance abuse treatment and alcohol abuse treatment; and (4) Administrative support and expenses directly attributable to the development of or ongoing support of healthy pregnancy program services and care plan coordination services of the Life Choices Lifeline Program. (e) (1) The Life Choices Lifeline Program shall be available to residents of all counties of the state, including residents in rural areas that may currently lack access to healthy pregnancy program services and care plan coordination services. (2) Healthy pregnancy program services and care plan coordination services of the Life Choices Lifeline Program may be provided, as appropriate, in person through existing facilities or remotely through a telephonic system or other comparable technological system. (3) An individual who offers Life Choices Lifeline Program services shall not refer a woman to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion. (f) To be eligible to receive services under the Life Choices Lifeline Program, an individual shall at the time of initial contact with the Life Choices Lifeline Program be: (1) A resident of this state who is the biological parent of an unborn child or a biological or adoptive parent of a child under two (2) years of age; (2) A pregnant woman seeking to obtain an abortion in this state; or (3) A parent or legal guardian of a pregnant minor residing in this state. (g) Existing participants of the Life Choices Lifeline Program whose pregnancy is terminated before birth are eligible to continue to receive services of the Life Choices Lifeline Program for six (6) months after the date of termination. Amended by Act 2023, No. 703,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 703,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 90,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 90,§ 1, eff. 7/28/2021. Added by Act 2019, No. 1036,§ 1, eff. 7/24/2019.

(a) The Department of Health and the Department of Human Services may implement the Life Choices Lifeline Program as a statewide care program to provide direct services, support, social services case management, and referrals to individuals listed in subsection (f) of this section.

(b) The Life Choices Lifeline Program shall: (1) Encourage healthy childbirth; (2) Support childbirth as an alternative to abortion; (3) Promote family formation; (4) Aid successful parenting; and (5) Increase families' economic self-sufficiency.

(1) Encourage healthy childbirth;

(2) Support childbirth as an alternative to abortion;

(3) Promote family formation;

(4) Aid successful parenting; and

(5) Increase families' economic self-sufficiency.

(c) Funding provided for services of the Life Choices Lifeline Program shall be used for nonsectarian purposes only.

(d) The Life Choices Lifeline Program shall consist of at least the following components: (1) Direct-to-participant marketing within the state; (2) The use of licensed nurses, community health workers, or other individuals of equivalent experience to offer healthy pregnancy program services to participants in the Life Choices Lifeline Program, including: (A) An assessment and evaluation of needs related to pregnancy or parenting; (B) Medically accurate pregnancy-related medical information; (C) Assistance obtaining obstetric care, primary care, mental health or behavioral health counseling, or postpartum care; and (D) Assistance for Life Choices Lifeline Program participants in obtaining medical and mental health care; (3) The use of licensed social workers, nurses, community health workers, licensed professional counselors, or other individuals of equivalent experience to offer care plan coordination services to participants in the Life Choices Lifeline Program, including: (A) Development of a care plan of resources and support to address the needs identified; (B) Referrals to appropriate local resources, including state and federal benefits programs and local charitable organizations; (C) Assistance in applying for state and federal benefits programs; (D) Assistance in accomplishing elements of the care plan; (E) Services related to postpartum depression and related referrals; (F) Assistance obtaining pediatric care and postpartum care; and (G) Assistance obtaining substance abuse treatment and alcohol abuse treatment; and (4) Administrative support and expenses directly attributable to the development of or ongoing support of healthy pregnancy program services and care plan coordination services of the Life Choices Lifeline Program.

(1) Direct-to-participant marketing within the state;

(2) The use of licensed nurses, community health workers, or other individuals of equivalent experience to offer healthy pregnancy program services to participants in the Life Choices Lifeline Program, including: (A) An assessment and evaluation of needs related to pregnancy or parenting; (B) Medically accurate pregnancy-related medical information; (C) Assistance obtaining obstetric care, primary care, mental health or behavioral health counseling, or postpartum care; and (D) Assistance for Life Choices Lifeline Program participants in obtaining medical and mental health care;

(A) An assessment and evaluation of needs related to pregnancy or parenting;

(B) Medically accurate pregnancy-related medical information;

(C) Assistance obtaining obstetric care, primary care, mental health or behavioral health counseling, or postpartum care; and

(D) Assistance for Life Choices Lifeline Program participants in obtaining medical and mental health care;

(3) The use of licensed social workers, nurses, community health workers, licensed professional counselors, or other individuals of equivalent experience to offer care plan coordination services to participants in the Life Choices Lifeline Program, including: (A) Development of a care plan of resources and support to address the needs identified; (B) Referrals to appropriate local resources, including state and federal benefits programs and local charitable organizations; (C) Assistance in applying for state and federal benefits programs; (D) Assistance in accomplishing elements of the care plan; (E) Services related to postpartum depression and related referrals; (F) Assistance obtaining pediatric care and postpartum care; and (G) Assistance obtaining substance abuse treatment and alcohol abuse treatment; and

(A) Development of a care plan of resources and support to address the needs identified;

(B) Referrals to appropriate local resources, including state and federal benefits programs and local charitable organizations;

(C) Assistance in applying for state and federal benefits programs;

(D) Assistance in accomplishing elements of the care plan;

(E) Services related to postpartum depression and related referrals;

(F) Assistance obtaining pediatric care and postpartum care; and

(G) Assistance obtaining substance abuse treatment and alcohol abuse treatment; and

(4) Administrative support and expenses directly attributable to the development of or ongoing support of healthy pregnancy program services and care plan coordination services of the Life Choices Lifeline Program.

(e) (1) The Life Choices Lifeline Program shall be available to residents of all counties of the state, including residents in rural areas that may currently lack access to healthy pregnancy program services and care plan coordination services. (2) Healthy pregnancy program services and care plan coordination services of the Life Choices Lifeline Program may be provided, as appropriate, in person through existing facilities or remotely through a telephonic system or other comparable technological system. (3) An individual who offers Life Choices Lifeline Program services shall not refer a woman to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion.

(1) The Life Choices Lifeline Program shall be available to residents of all counties of the state, including residents in rural areas that may currently lack access to healthy pregnancy program services and care plan coordination services.

(2) Healthy pregnancy program services and care plan coordination services of the Life Choices Lifeline Program may be provided, as appropriate, in person through existing facilities or remotely through a telephonic system or other comparable technological system.

(3) An individual who offers Life Choices Lifeline Program services shall not refer a woman to an abortion provider, recommend abortion, or take any other action that directly or indirectly advises a woman to obtain or assists a woman in obtaining an abortion.

(f) To be eligible to receive services under the Life Choices Lifeline Program, an individual shall at the time of initial contact with the Life Choices Lifeline Program be: (1) A resident of this state who is the biological parent of an unborn child or a biological or adoptive parent of a child under two (2) years of age; (2) A pregnant woman seeking to obtain an abortion in this state; or (3) A parent or legal guardian of a pregnant minor residing in this state.

(1) A resident of this state who is the biological parent of an unborn child or a biological or adoptive parent of a child under two (2) years of age;

(2) A pregnant woman seeking to obtain an abortion in this state; or

(3) A parent or legal guardian of a pregnant minor residing in this state.

(g) Existing participants of the Life Choices Lifeline Program whose pregnancy is terminated before birth are eligible to continue to receive services of the Life Choices Lifeline Program for six (6) months after the date of termination.

Amended by Act 2023, No. 703,§ 2, eff. 8/1/2023.

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

Amended by Act 2021, No. 90,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 90,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 1036,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-13-511 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-511
Recordkeeping and reporting
Status: in_force

Each of the University of Arkansas for Medical Sciences components, the Arkansas Poison and Drug Information Center, the UAMS-Library for nonemergency poison and drug information, and the Chemistry Branch of the public health laboratory of the Department of Health, shall make available to the Secretary of the Department of Health, in such manner, form, or at such times as he or she shall require, copies of records and reports regarding all activities authorized and developed pursuant to this subchapter. Amended by Act 2019, No. 910,§ 4987, eff. 7/1/2019. Acts 1975, No. 600, § 5; A.S.A. 1947, § 82-3505.

Each of the University of Arkansas for Medical Sciences components, the Arkansas Poison and Drug Information Center, the UAMS-Library for nonemergency poison and drug information, and the Chemistry Branch of the public health laboratory of the Department of Health, shall make available to the Secretary of the Department of Health, in such manner, form, or at such times as he or she shall require, copies of records and reports regarding all activities authorized and developed pursuant to this subchapter.

Amended by Act 2019, No. 910,§ 4987, eff. 7/1/2019.

Acts 1975, No. 600, § 5; A.S.A. 1947, § 82-3505.
Ark. Code Ann. § 20-77-911 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-911
Persons providing information regarding false Medicaid claims - Rewards
Status: in_force

(a) The court is authorized to pay a person sums, not exceeding ten percent (10%) of the aggregate collected civil penalty recovered, as it may deem just, for information the person may have provided that led to the detecting of false claims under this subchapter. (b) Upon disposition of any civil action relating to violations of this subchapter in which a civil penalty is recovered, the Attorney General may petition the court on behalf of a person who may have provided information that led to the detecting of false claims and the recovery of restitution and a civil penalty damages assessment to reward the person in an amount commensurate with the quality of information determined by the court to have been provided, in accordance with the requirements of this subchapter. (c) (1) If the Attorney General elects not to petition the court on behalf of the person, the person may petition the court on his or her own behalf. (2) Neither the state nor any defendant within the action shall be liable for expenses that a person incurs in bringing an action under this section. (d) An employee or a fiscal agent charged with the duty of referring or investigating cases of Medicaid fraud who is employed by or who contracts with any governmental entity shall not be eligible to receive a reward under this section. (e) The Attorney General may agree to a payment of up to ten percent (10%) of the civil penalty as a reward in any settlement agreement under this section. (f) A portion of restitution shall not be used as a reward. (g) (1) The General Assembly finds that: (A) Medicaid is a joint federal and state program, with each claim normally involving both state and federal funds; (B) The United States Congress has granted jurisdiction to federal district courts over any action brought under the laws of any state for the recovery of funds paid by a state or local government if the action arises from the same transaction or occurrence as an action brought under 31 U.S.C. § 3730 ; (C) The General Assembly does not intend to grant a general right of action to private parties in state or federal court; and (D) As federal law has granted federal courts with jurisdiction to hear claims involving state funds associated with the Arkansas Medicaid Program, the Attorney General shall be given notice and the opportunity to intervene or to otherwise protect the interest of this state. (2) (A) Any party bringing a claim in federal court to recover state funds or pursuant to an assertion of a state claim under state law shall serve the Attorney General through the Medicaid Fraud Control Unit with any complaint, any other pleadings, and the written disclosure of all material evidence and information possessed by the person bringing the action. (B) The complaint, pleadings, and disclosed information shall be filed under seal pursuant to federal law and shall remain under seal until the seal is lifted in accordance with federal law. (3) (A) The Attorney General may investigate the claim and, if appropriate, intervene or otherwise litigate and pursue any claim brought in any litigation in federal court to recover state funds associated with claims paid by the Arkansas Medicaid Program in actions brought under the federal False Claims Act, 31 U.S.C. § 3729 et seq. (B) The Attorney General may also seek related damages, civil penalties, and costs, and to litigate or settle said claims as permitted or required under state and federal law. (4) (A) If the state is properly served and given notice as required in this subsection by a party bringing an action under the federal False Claims Act to recover state funds, the Attorney General may pay the reward authorized under federal law from collected penalties. (B) However, under no circumstances may any reward be paid from the state funds owed to the Arkansas Medicaid Program. Amended by Act 2021, No. 616,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 916,§ 13, eff. 7/24/2019. Amended by Act 2013, No. 1132,§ 50, eff. 8/16/2013. Acts 1993, No. 1299, § 11; 2011, No. 1154, § 1.

(a) The court is authorized to pay a person sums, not exceeding ten percent (10%) of the aggregate collected civil penalty recovered, as it may deem just, for information the person may have provided that led to the detecting of false claims under this subchapter.

(b) Upon disposition of any civil action relating to violations of this subchapter in which a civil penalty is recovered, the Attorney General may petition the court on behalf of a person who may have provided information that led to the detecting of false claims and the recovery of restitution and a civil penalty damages assessment to reward the person in an amount commensurate with the quality of information determined by the court to have been provided, in accordance with the requirements of this subchapter.

(c) (1) If the Attorney General elects not to petition the court on behalf of the person, the person may petition the court on his or her own behalf. (2) Neither the state nor any defendant within the action shall be liable for expenses that a person incurs in bringing an action under this section.

(1) If the Attorney General elects not to petition the court on behalf of the person, the person may petition the court on his or her own behalf.

(2) Neither the state nor any defendant within the action shall be liable for expenses that a person incurs in bringing an action under this section.

(d) An employee or a fiscal agent charged with the duty of referring or investigating cases of Medicaid fraud who is employed by or who contracts with any governmental entity shall not be eligible to receive a reward under this section.

(e) The Attorney General may agree to a payment of up to ten percent (10%) of the civil penalty as a reward in any settlement agreement under this section.

(f) A portion of restitution shall not be used as a reward.

(g) (1) The General Assembly finds that: (A) Medicaid is a joint federal and state program, with each claim normally involving both state and federal funds; (B) The United States Congress has granted jurisdiction to federal district courts over any action brought under the laws of any state for the recovery of funds paid by a state or local government if the action arises from the same transaction or occurrence as an action brought under 31 U.S.C. § 3730 ; (C) The General Assembly does not intend to grant a general right of action to private parties in state or federal court; and (D) As federal law has granted federal courts with jurisdiction to hear claims involving state funds associated with the Arkansas Medicaid Program, the Attorney General shall be given notice and the opportunity to intervene or to otherwise protect the interest of this state. (2) (A) Any party bringing a claim in federal court to recover state funds or pursuant to an assertion of a state claim under state law shall serve the Attorney General through the Medicaid Fraud Control Unit with any complaint, any other pleadings, and the written disclosure of all material evidence and information possessed by the person bringing the action. (B) The complaint, pleadings, and disclosed information shall be filed under seal pursuant to federal law and shall remain under seal until the seal is lifted in accordance with federal law. (3) (A) The Attorney General may investigate the claim and, if appropriate, intervene or otherwise litigate and pursue any claim brought in any litigation in federal court to recover state funds associated with claims paid by the Arkansas Medicaid Program in actions brought under the federal False Claims Act, 31 U.S.C. § 3729 et seq. (B) The Attorney General may also seek related damages, civil penalties, and costs, and to litigate or settle said claims as permitted or required under state and federal law. (4) (A) If the state is properly served and given notice as required in this subsection by a party bringing an action under the federal False Claims Act to recover state funds, the Attorney General may pay the reward authorized under federal law from collected penalties. (B) However, under no circumstances may any reward be paid from the state funds owed to the Arkansas Medicaid Program.

(1) The General Assembly finds that: (A) Medicaid is a joint federal and state program, with each claim normally involving both state and federal funds; (B) The United States Congress has granted jurisdiction to federal district courts over any action brought under the laws of any state for the recovery of funds paid by a state or local government if the action arises from the same transaction or occurrence as an action brought under 31 U.S.C. § 3730 ; (C) The General Assembly does not intend to grant a general right of action to private parties in state or federal court; and (D) As federal law has granted federal courts with jurisdiction to hear claims involving state funds associated with the Arkansas Medicaid Program, the Attorney General shall be given notice and the opportunity to intervene or to otherwise protect the interest of this state.

(A) Medicaid is a joint federal and state program, with each claim normally involving both state and federal funds;

(B) The United States Congress has granted jurisdiction to federal district courts over any action brought under the laws of any state for the recovery of funds paid by a state or local government if the action arises from the same transaction or occurrence as an action brought under 31 U.S.C. § 3730 ;

(C) The General Assembly does not intend to grant a general right of action to private parties in state or federal court; and

(D) As federal law has granted federal courts with jurisdiction to hear claims involving state funds associated with the Arkansas Medicaid Program, the Attorney General shall be given notice and the opportunity to intervene or to otherwise protect the interest of this state.

(2) (A) Any party bringing a claim in federal court to recover state funds or pursuant to an assertion of a state claim under state law shall serve the Attorney General through the Medicaid Fraud Control Unit with any complaint, any other pleadings, and the written disclosure of all material evidence and information possessed by the person bringing the action. (B) The complaint, pleadings, and disclosed information shall be filed under seal pursuant to federal law and shall remain under seal until the seal is lifted in accordance with federal law.

(A) Any party bringing a claim in federal court to recover state funds or pursuant to an assertion of a state claim under state law shall serve the Attorney General through the Medicaid Fraud Control Unit with any complaint, any other pleadings, and the written disclosure of all material evidence and information possessed by the person bringing the action.

(B) The complaint, pleadings, and disclosed information shall be filed under seal pursuant to federal law and shall remain under seal until the seal is lifted in accordance with federal law.

(3) (A) The Attorney General may investigate the claim and, if appropriate, intervene or otherwise litigate and pursue any claim brought in any litigation in federal court to recover state funds associated with claims paid by the Arkansas Medicaid Program in actions brought under the federal False Claims Act, 31 U.S.C. § 3729 et seq. (B) The Attorney General may also seek related damages, civil penalties, and costs, and to litigate or settle said claims as permitted or required under state and federal law.

(A) The Attorney General may investigate the claim and, if appropriate, intervene or otherwise litigate and pursue any claim brought in any litigation in federal court to recover state funds associated with claims paid by the Arkansas Medicaid Program in actions brought under the federal False Claims Act, 31 U.S.C. § 3729 et seq.

(B) The Attorney General may also seek related damages, civil penalties, and costs, and to litigate or settle said claims as permitted or required under state and federal law.

(4) (A) If the state is properly served and given notice as required in this subsection by a party bringing an action under the federal False Claims Act to recover state funds, the Attorney General may pay the reward authorized under federal law from collected penalties. (B) However, under no circumstances may any reward be paid from the state funds owed to the Arkansas Medicaid Program.

(A) If the state is properly served and given notice as required in this subsection by a party bringing an action under the federal False Claims Act to recover state funds, the Attorney General may pay the reward authorized under federal law from collected penalties.

(B) However, under no circumstances may any reward be paid from the state funds owed to the Arkansas Medicaid Program.

Amended by Act 2021, No. 616,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 916,§ 13, eff. 7/24/2019.

Amended by Act 2013, No. 1132,§ 50, eff. 8/16/2013.

Acts 1993, No. 1299, § 11; 2011, No. 1154, § 1.
Ark. Code Ann. § 20-64-510 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-510
Hearing procedures
Status: in_force

The procedure for notice, hearing, and appeals therefrom shall be that of the Arkansas State Board of Pharmacy set forth in § 17-92-313 , and that of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1991, No. 739, § 9.

The procedure for notice, hearing, and appeals therefrom shall be that of the Arkansas State Board of Pharmacy set forth in § 17-92-313 , and that of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1991, No. 739, § 9.
Ark. Code Ann. § 20-17-1221 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1221
Effect of anatomical gift on advance healthcare directive
Status: in_force

(a) In this section: (1) "Advance healthcare directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a healthcare decision for the prospective donor. (2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor. (3) "Healthcare decision" means any decision made regarding the health care of the prospective donor. (b) If a prospective donor has a declaration or advance healthcare directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary. Acts 2007, No. 839, § 1.

(a) In this section: (1) "Advance healthcare directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a healthcare decision for the prospective donor. (2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor. (3) "Healthcare decision" means any decision made regarding the health care of the prospective donor.

(1) "Advance healthcare directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a healthcare decision for the prospective donor.

(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.

(3) "Healthcare decision" means any decision made regarding the health care of the prospective donor.

(b) If a prospective donor has a declaration or advance healthcare directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-16-1203 — AR Code / Title 20 / Chapter 16 / Subchapter 12 / Section 20-16-1203
Partial-birth abortions prohibited - Penalty - Exception
Status: in_force

(a) (1) Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a Class D felony. (2) This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (b) A female upon whom a partial-birth abortion is performed shall not be prosecuted under this subchapter. Acts 2009, No. 196, § 1.

(a) (1) Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a Class D felony. (2) This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

(1) Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a Class D felony.

(2) This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

(b) A female upon whom a partial-birth abortion is performed shall not be prosecuted under this subchapter.

Acts 2009, No. 196, § 1.
Ark. Code Ann. § 20-77-2707 — AR Code / Title 20 / Chapter 77 / Subchapter 27 / Section 20-77-2707
Reporting and performance measures
Status: in_force

(a) (1) On a quarterly basis, a risk-based provider organization shall submit to the Department of Human Services protected health information for each member of a covered Medicaid beneficiary population and a voluntary Medicaid beneficiary population enrolled with the risk-based provider organization in accordance with standards and procedures adopted by the department, including without limitation: (A) Claims data, including without limitation: (i) Denial rates; and (ii) Claims-paid rates; (B) Encounter data; (C) Unique identifiers; (D) Geographic and demographic information; (E) Patient satisfaction scores; and (F) Other information as required by the state. (2) Personally identifiable data submitted under this section shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) The department shall use the data submitted under subsection (a) of this section to measure the performance of the risk-based provider organization in: (1) Delivery of services; (2) Patient outcomes; (3) Efficiencies achieved; and (4) Quality measures. (c) Performance measures established by the department shall at a minimum monitor: (1) Reduction in unnecessary hospital emergency department utilization; (2) Adherence to prescribed medication regimens; (3) Reduction in avoidable hospitalizations for ambulatory-sensitive conditions; and (4) Reduction in hospital readmissions. (d) The department shall issue funds from the quality incentive pool above the amount of the global payments initially provided to a risk-based provider organization that meets or exceeds specific performance and outcome measures established by the department. (e) On a quarterly basis, the department shall report to the Legislative Council, or to the Joint Budget Committee if the General Assembly is in session, available information regarding: (1) Risk-based provider organization membership enrollment and distribution; (2) Patient experience data; and (3) Financial performance, including demonstrated savings. Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.

(a) (1) On a quarterly basis, a risk-based provider organization shall submit to the Department of Human Services protected health information for each member of a covered Medicaid beneficiary population and a voluntary Medicaid beneficiary population enrolled with the risk-based provider organization in accordance with standards and procedures adopted by the department, including without limitation: (A) Claims data, including without limitation: (i) Denial rates; and (ii) Claims-paid rates; (B) Encounter data; (C) Unique identifiers; (D) Geographic and demographic information; (E) Patient satisfaction scores; and (F) Other information as required by the state. (2) Personally identifiable data submitted under this section shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) On a quarterly basis, a risk-based provider organization shall submit to the Department of Human Services protected health information for each member of a covered Medicaid beneficiary population and a voluntary Medicaid beneficiary population enrolled with the risk-based provider organization in accordance with standards and procedures adopted by the department, including without limitation: (A) Claims data, including without limitation: (i) Denial rates; and (ii) Claims-paid rates; (B) Encounter data; (C) Unique identifiers; (D) Geographic and demographic information; (E) Patient satisfaction scores; and (F) Other information as required by the state.

(A) Claims data, including without limitation: (i) Denial rates; and (ii) Claims-paid rates;

(i) Denial rates; and

(ii) Claims-paid rates;

(B) Encounter data;

(C) Unique identifiers;

(D) Geographic and demographic information;

(E) Patient satisfaction scores; and

(F) Other information as required by the state.

(2) Personally identifiable data submitted under this section shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) The department shall use the data submitted under subsection (a) of this section to measure the performance of the risk-based provider organization in: (1) Delivery of services; (2) Patient outcomes; (3) Efficiencies achieved; and (4) Quality measures.

(1) Delivery of services;

(2) Patient outcomes;

(3) Efficiencies achieved; and

(4) Quality measures.

(c) Performance measures established by the department shall at a minimum monitor: (1) Reduction in unnecessary hospital emergency department utilization; (2) Adherence to prescribed medication regimens; (3) Reduction in avoidable hospitalizations for ambulatory-sensitive conditions; and (4) Reduction in hospital readmissions.

(1) Reduction in unnecessary hospital emergency department utilization;

(2) Adherence to prescribed medication regimens;

(3) Reduction in avoidable hospitalizations for ambulatory-sensitive conditions; and

(4) Reduction in hospital readmissions.

(d) The department shall issue funds from the quality incentive pool above the amount of the global payments initially provided to a risk-based provider organization that meets or exceeds specific performance and outcome measures established by the department.

(e) On a quarterly basis, the department shall report to the Legislative Council, or to the Joint Budget Committee if the General Assembly is in session, available information regarding: (1) Risk-based provider organization membership enrollment and distribution; (2) Patient experience data; and (3) Financial performance, including demonstrated savings.

(1) Risk-based provider organization membership enrollment and distribution;

(2) Patient experience data; and

(3) Financial performance, including demonstrated savings.

Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Ark. Code Ann. § 20-15-1804 — AR Code / Title 20 / Chapter 15 / Subchapter 18 / Section 20-15-1804
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 46, eff. 8/1/2017. Acts 2007, No. 842, § 1.

Repealed by Act 2017, No. 540,§ 46, eff. 8/1/2017.

Acts 2007, No. 842, § 1.
Ark. Code Ann. § 20-9-1103 — AR Code / Title 20 / Chapter 9 / Subchapter 11 / Section 20-9-1103
Cervical Cancer Task Force - Powers and duties
Status: in_force

(a) The Cervical Cancer Task Force shall: (1) Make recommendations to the Breast Cancer Control Advisory Board consistent with the intent of this subchapter; (2) Pursue both public and private funding to further the intent of this subchapter; and (3) Develop standards and policy recommendations considering, but not limited to, the following: (A) Methods for raising public awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer; (B) Methods for raising the medical community's awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer; and (C) Methods for ensuring that services across the spectrum of causes, prevention, screening, evaluation, and treatment are available to women in Arkansas. (b) The Arkansas Central Cancer Registry shall provide an annual cervical cancer report to the task force. Acts 2005, No. 1414, § 1; 2009, No. 280, § 3.

(a) The Cervical Cancer Task Force shall: (1) Make recommendations to the Breast Cancer Control Advisory Board consistent with the intent of this subchapter; (2) Pursue both public and private funding to further the intent of this subchapter; and (3) Develop standards and policy recommendations considering, but not limited to, the following: (A) Methods for raising public awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer; (B) Methods for raising the medical community's awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer; and (C) Methods for ensuring that services across the spectrum of causes, prevention, screening, evaluation, and treatment are available to women in Arkansas.

(1) Make recommendations to the Breast Cancer Control Advisory Board consistent with the intent of this subchapter;

(2) Pursue both public and private funding to further the intent of this subchapter; and

(3) Develop standards and policy recommendations considering, but not limited to, the following: (A) Methods for raising public awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer; (B) Methods for raising the medical community's awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer; and (C) Methods for ensuring that services across the spectrum of causes, prevention, screening, evaluation, and treatment are available to women in Arkansas.

(A) Methods for raising public awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer;

(B) Methods for raising the medical community's awareness of the prevalence, causes, prevention, screening, and treatment considerations for cervical cancer; and

(C) Methods for ensuring that services across the spectrum of causes, prevention, screening, evaluation, and treatment are available to women in Arkansas.

(b) The Arkansas Central Cancer Registry shall provide an annual cervical cancer report to the task force.

Acts 2005, No. 1414, § 1; 2009, No. 280, § 3.
Ark. Code Ann. § 20-29-110 — AR Code / Title 20 / Chapter 29 / Section 20-29-110
Enforcement
Status: in_force

(a) The Arkansas Manufactured Home Commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to § 20-29-107 . (b) All hearings and appeals under this chapter shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) Nothing in this chapter shall be construed to limit or restrict in any manner other civil or criminal remedies available under other laws to any person. Acts 1987, No. 346, § 3.

(a) The Arkansas Manufactured Home Commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to § 20-29-107 .

(b) All hearings and appeals under this chapter shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) Nothing in this chapter shall be construed to limit or restrict in any manner other civil or criminal remedies available under other laws to any person.

Acts 1987, No. 346, § 3.
Ark. Code Ann. § 20-56-214 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-214
False or misleading advertisement
Status: in_force

(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) (1) (A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions: (i) Albuminuria; (ii) Appendicitis; (iii) Arteriosclerosis; (iv) Blood poison; (v) Bone disease; (vi) Bright's disease; (vii) Cancer; (viii) Carbuncles; (ix) Cholecystitis; (x) Diabetes; (xi) Diphtheria; (xii) Dropsy; (xiii) Erysipelas; (xiv) Gallstones; (xv) Heart and vascular diseases; (xvi) High blood pressure; (xvii) Mastoiditis; (xviii) Measles; (xix) Meningitis; (xx) Mumps; (xxi) Nephritis; (xxii) Otitis media; (xxiii) Paralysis; (xxiv) Pneumonia; (xxv) Poliomyelitis or infantile paralysis; (xxvi) Prostate gland disorders; (xxvii) Pyelitis; (xxviii) Scarlet fever; (xxix) Sexual impotence; (xxx) Sexually transmitted disease; (xxxi) Sinus infection; (xxxii) Smallpox; (xxxiii) Tuberculosis; (xxxiv) Tumors; (xxxv) Typhoid; or (xxxvi) Uremia. (B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device. (2) However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by rule authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health. (3) This subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious. Amended by Act 2019, No. 315,§ 2171, eff. 7/24/2019. Acts 1953, No. 415, § 18; A.S.A. 1947, § 82-1118; Acts 2007, No. 827, § 170.

(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(b) (1) (A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions: (i) Albuminuria; (ii) Appendicitis; (iii) Arteriosclerosis; (iv) Blood poison; (v) Bone disease; (vi) Bright's disease; (vii) Cancer; (viii) Carbuncles; (ix) Cholecystitis; (x) Diabetes; (xi) Diphtheria; (xii) Dropsy; (xiii) Erysipelas; (xiv) Gallstones; (xv) Heart and vascular diseases; (xvi) High blood pressure; (xvii) Mastoiditis; (xviii) Measles; (xix) Meningitis; (xx) Mumps; (xxi) Nephritis; (xxii) Otitis media; (xxiii) Paralysis; (xxiv) Pneumonia; (xxv) Poliomyelitis or infantile paralysis; (xxvi) Prostate gland disorders; (xxvii) Pyelitis; (xxviii) Scarlet fever; (xxix) Sexual impotence; (xxx) Sexually transmitted disease; (xxxi) Sinus infection; (xxxii) Smallpox; (xxxiii) Tuberculosis; (xxxiv) Tumors; (xxxv) Typhoid; or (xxxvi) Uremia. (B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device. (2) However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by rule authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health. (3) This subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.

(1) (A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions: (i) Albuminuria; (ii) Appendicitis; (iii) Arteriosclerosis; (iv) Blood poison; (v) Bone disease; (vi) Bright's disease; (vii) Cancer; (viii) Carbuncles; (ix) Cholecystitis; (x) Diabetes; (xi) Diphtheria; (xii) Dropsy; (xiii) Erysipelas; (xiv) Gallstones; (xv) Heart and vascular diseases; (xvi) High blood pressure; (xvii) Mastoiditis; (xviii) Measles; (xix) Meningitis; (xx) Mumps; (xxi) Nephritis; (xxii) Otitis media; (xxiii) Paralysis; (xxiv) Pneumonia; (xxv) Poliomyelitis or infantile paralysis; (xxvi) Prostate gland disorders; (xxvii) Pyelitis; (xxviii) Scarlet fever; (xxix) Sexual impotence; (xxx) Sexually transmitted disease; (xxxi) Sinus infection; (xxxii) Smallpox; (xxxiii) Tuberculosis; (xxxiv) Tumors; (xxxv) Typhoid; or (xxxvi) Uremia. (B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device.

(A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions: (i) Albuminuria; (ii) Appendicitis; (iii) Arteriosclerosis; (iv) Blood poison; (v) Bone disease; (vi) Bright's disease; (vii) Cancer; (viii) Carbuncles; (ix) Cholecystitis; (x) Diabetes; (xi) Diphtheria; (xii) Dropsy; (xiii) Erysipelas; (xiv) Gallstones; (xv) Heart and vascular diseases; (xvi) High blood pressure; (xvii) Mastoiditis; (xviii) Measles; (xix) Meningitis; (xx) Mumps; (xxi) Nephritis; (xxii) Otitis media; (xxiii) Paralysis; (xxiv) Pneumonia; (xxv) Poliomyelitis or infantile paralysis; (xxvi) Prostate gland disorders; (xxvii) Pyelitis; (xxviii) Scarlet fever; (xxix) Sexual impotence; (xxx) Sexually transmitted disease; (xxxi) Sinus infection; (xxxii) Smallpox; (xxxiii) Tuberculosis; (xxxiv) Tumors; (xxxv) Typhoid; or (xxxvi) Uremia.

(i) Albuminuria;

(ii) Appendicitis;

(iii) Arteriosclerosis;

(iv) Blood poison;

(v) Bone disease;

(vi) Bright's disease;

(vii) Cancer;

(viii) Carbuncles;

(ix) Cholecystitis;

(x) Diabetes;

(xi) Diphtheria;

(xii) Dropsy;

(xiii) Erysipelas;

(xiv) Gallstones;

(xv) Heart and vascular diseases;

(xvi) High blood pressure;

(xvii) Mastoiditis;

(xviii) Measles;

(xix) Meningitis;

(xx) Mumps;

(xxi) Nephritis;

(xxii) Otitis media;

(xxiii) Paralysis;

(xxiv) Pneumonia;

(xxv) Poliomyelitis or infantile paralysis;

(xxvi) Prostate gland disorders;

(xxvii) Pyelitis;

(xxviii) Scarlet fever;

(xxix) Sexual impotence;

(xxx) Sexually transmitted disease;

(xxxi) Sinus infection;

(xxxii) Smallpox;

(xxxiii) Tuberculosis;

(xxxiv) Tumors;

(xxxv) Typhoid; or

(xxxvi) Uremia.

(B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device.

(2) However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by rule authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health.

(3) This subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.

Amended by Act 2019, No. 315,§ 2171, eff. 7/24/2019.

Acts 1953, No. 415, § 18; A.S.A. 1947, § 82-1118; Acts 2007, No. 827, § 170.
Ark. Code Ann. § 20-77-504 — AR Code / Title 20 / Chapter 77 / Subchapter 5 / Section 20-77-504
Penalty
Status: in_force

(a) Any person violating this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). (b) Each violation shall constitute a separate offense and shall be punishable as such. Acts 1973, No. 10, § 5; A.S.A. 1947, § 83-1005; Acts 2005, No. 1994, § 139.

(a) Any person violating this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).

(b) Each violation shall constitute a separate offense and shall be punishable as such.

Acts 1973, No. 10, § 5; A.S.A. 1947, § 83-1005; Acts 2005, No. 1994, § 139.
Ark. Code Ann. § 20-13-602 — AR Code / Title 20 / Chapter 13 / Subchapter 6 / Section 20-13-602
Purpose
Status: in_force

It is the purpose of this subchapter to provide a means of authorizing certain individuals to administer treatment to those persons who have severe adverse reactions to nerve agents when a physician is not immediately available. Acts 1991, No. 270, § 2.

It is the purpose of this subchapter to provide a means of authorizing certain individuals to administer treatment to those persons who have severe adverse reactions to nerve agents when a physician is not immediately available.

Acts 1991, No. 270, § 2.
Ark. Code Ann. § 20-19-511 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-511
Rules and regulations
Status: in_force

(a) The county sheriff's department of each county may collect the fees for the permits for personal possession required under this subchapter. (b) The Arkansas State Game and Fish Commission may adopt rules and regulations to implement and enforce this subchapter. Acts 2005, No. 2226, § 1.

(a) The county sheriff's department of each county may collect the fees for the permits for personal possession required under this subchapter.

(b) The Arkansas State Game and Fish Commission may adopt rules and regulations to implement and enforce this subchapter.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-23-401 — AR Code / Title 20 / Chapter 23 / Subchapter 4 / Section 20-23-401
Inspectors generally
Status: in_force

(a) Certificates of competency and commissions as inspectors of boilers shall be issued by the Boiler Inspection Division to persons in the employ of any company authorized to insure boilers against explosions in this state. (b) Persons employed as inspectors shall pass a written examination as to their knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances. The examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and shall be of uniform grade throughout the state. (c) However, a person who holds a certificate of competency or a commission issued by another state from a written examination equivalent to that required by this state may be issued a commission without further examination. (d) For each certificate of competency and commission as inspector of boilers issued under this subchapter, a fee of twenty-five dollars ($25.00) shall be charged to the person to whom the certificate and commission are issued. (e) The commission shall be good for the fiscal year during which it is issued and shall be renewed upon receipt of fifteen dollars ($15.00). (f) (1) Any commission issued under this subchapter shall be immediately returned to the division when the inspector to whom it has been issued shall cease to be employed by the insurance company employing him or her at the time the commission was issued. (2) If a person holding a commission as an inspector shall be employed by any other insurance company than the one by which he or she was employed at the time the commission was issued, a duplicate commission may be issued upon the payment of a fee of fifteen dollars ($15.00), provided that the commission has been renewed annually. (g) Commissions that have lapsed will require a renewal fee of fifteen dollars ($15.00). (h) Certificates of competency and commissions issued to boiler inspectors may be revoked upon notice to the holder thereof and to the employer of the inspector for: (1) Incompetency or untrustworthiness; or (2) Willful falsification of any matter or statement contained in his or her application or any report of any inspection. (i) The holder of the certificate of competency and commission shall be entitled to a hearing before the division to show cause why the certificate shall not be revoked. 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 1999, No. 982, § 15.

(a) Certificates of competency and commissions as inspectors of boilers shall be issued by the Boiler Inspection Division to persons in the employ of any company authorized to insure boilers against explosions in this state.

(b) Persons employed as inspectors shall pass a written examination as to their knowledge of the construction, installation, maintenance, and repair of boilers and their appurtenances. The examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and shall be of uniform grade throughout the state.

(c) However, a person who holds a certificate of competency or a commission issued by another state from a written examination equivalent to that required by this state may be issued a commission without further examination.

(d) For each certificate of competency and commission as inspector of boilers issued under this subchapter, a fee of twenty-five dollars ($25.00) shall be charged to the person to whom the certificate and commission are issued.

(e) The commission shall be good for the fiscal year during which it is issued and shall be renewed upon receipt of fifteen dollars ($15.00).

(f) (1) Any commission issued under this subchapter shall be immediately returned to the division when the inspector to whom it has been issued shall cease to be employed by the insurance company employing him or her at the time the commission was issued. (2) If a person holding a commission as an inspector shall be employed by any other insurance company than the one by which he or she was employed at the time the commission was issued, a duplicate commission may be issued upon the payment of a fee of fifteen dollars ($15.00), provided that the commission has been renewed annually.

(1) Any commission issued under this subchapter shall be immediately returned to the division when the inspector to whom it has been issued shall cease to be employed by the insurance company employing him or her at the time the commission was issued.

(2) If a person holding a commission as an inspector shall be employed by any other insurance company than the one by which he or she was employed at the time the commission was issued, a duplicate commission may be issued upon the payment of a fee of fifteen dollars ($15.00), provided that the commission has been renewed annually.

(g) Commissions that have lapsed will require a renewal fee of fifteen dollars ($15.00).

(h) Certificates of competency and commissions issued to boiler inspectors may be revoked upon notice to the holder thereof and to the employer of the inspector for: (1) Incompetency or untrustworthiness; or (2) Willful falsification of any matter or statement contained in his or her application or any report of any inspection.

(1) Incompetency or untrustworthiness; or

(2) Willful falsification of any matter or statement contained in his or her application or any report of any inspection.

(i) The holder of the certificate of competency and commission shall be entitled to a hearing before the division to show cause why the certificate shall not be revoked.

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 1999, No. 982, § 15.
Ark. Code Ann. § 20-77-802 — AR Code / Title 20 / Chapter 77 / Subchapter 8 / Section 20-77-802
Medicaid payment
Status: in_force

(a) The Medicaid payment shall not exceed an amount equal to the lesser of the qualified provider's usual and customary charges for such services or the reimbursement schedule established under subsection (b) of this section when determined medically necessary by the Arkansas Medicaid Program. (b) (1) The Department of Human Services shall establish a reimbursement schedule for the following: (A) Home intravenous antibiotics; (B) Chemotherapy; (C) Pain management; (D) Total parenteral nutrition; and (E) Other home intravenous therapies. (2) A reimbursement schedule established under this section shall be on a per diem basis. (3) Service per diem rates shall include the following: (A) Pharmacy sterile compounding fees; (B) Intravenous pole, infusion pumps, and pump cassettes; (C) All required intravenous supplies such as syringes, tubing, catheter care kits, etc.; and (D) Other related services necessary for home intravenous drug services. (4) The Medicaid reimbursement shall be the average wholesale cost of drug and solution plus a service per diem not to exceed the fortieth percentile of average daily Medicaid per diem to Arkansas hospitals, or the usual and customary reimbursement, whichever is lower. (c) Reimbursement under this section shall not be subject to the Medicaid pharmacy benefits limits. Acts 1993, No. 918, § 2.

(a) The Medicaid payment shall not exceed an amount equal to the lesser of the qualified provider's usual and customary charges for such services or the reimbursement schedule established under subsection (b) of this section when determined medically necessary by the Arkansas Medicaid Program.

(b) (1) The Department of Human Services shall establish a reimbursement schedule for the following: (A) Home intravenous antibiotics; (B) Chemotherapy; (C) Pain management; (D) Total parenteral nutrition; and (E) Other home intravenous therapies. (2) A reimbursement schedule established under this section shall be on a per diem basis. (3) Service per diem rates shall include the following: (A) Pharmacy sterile compounding fees; (B) Intravenous pole, infusion pumps, and pump cassettes; (C) All required intravenous supplies such as syringes, tubing, catheter care kits, etc.; and (D) Other related services necessary for home intravenous drug services. (4) The Medicaid reimbursement shall be the average wholesale cost of drug and solution plus a service per diem not to exceed the fortieth percentile of average daily Medicaid per diem to Arkansas hospitals, or the usual and customary reimbursement, whichever is lower.

(1) The Department of Human Services shall establish a reimbursement schedule for the following: (A) Home intravenous antibiotics; (B) Chemotherapy; (C) Pain management; (D) Total parenteral nutrition; and (E) Other home intravenous therapies.

(A) Home intravenous antibiotics;

(B) Chemotherapy;

(C) Pain management;

(D) Total parenteral nutrition; and

(E) Other home intravenous therapies.

(2) A reimbursement schedule established under this section shall be on a per diem basis.

(3) Service per diem rates shall include the following: (A) Pharmacy sterile compounding fees; (B) Intravenous pole, infusion pumps, and pump cassettes; (C) All required intravenous supplies such as syringes, tubing, catheter care kits, etc.; and (D) Other related services necessary for home intravenous drug services.

(A) Pharmacy sterile compounding fees;

(B) Intravenous pole, infusion pumps, and pump cassettes;

(C) All required intravenous supplies such as syringes, tubing, catheter care kits, etc.; and

(D) Other related services necessary for home intravenous drug services.

(4) The Medicaid reimbursement shall be the average wholesale cost of drug and solution plus a service per diem not to exceed the fortieth percentile of average daily Medicaid per diem to Arkansas hospitals, or the usual and customary reimbursement, whichever is lower.

(c) Reimbursement under this section shall not be subject to the Medicaid pharmacy benefits limits.

Acts 1993, No. 918, § 2.
Ark. Code Ann. § 20-13-1303 — AR Code / Title 20 / Chapter 13 / Subchapter 13 / Section 20-13-1303
Definitions
Status: in_force

As used in this subchapter: (1) "Automated external defibrillator" means a device that: (A) Is used to administer an electric shock through the chest wall to the heart; (B) Has built-in computers within the device to assess the patient's heart rhythm, judge whether defibrillation is needed, and then administer the shock; (C) Has audible or visual prompts, or both, to guide the user through the process; (D) Has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C. § 360(k) ; (E) Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and (F) Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual's heart or charges and delivers an electrical impulse at the command of the operator; (2) "Cardiac arrest" means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying form of heart disease; (3) "Cardiopulmonary resuscitation" means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person's life until advanced assistance arrives; (4) "Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia; (5) "Emergency medical services" means the transportation and medical care provided the ill or injured before arrival at a medical facility by a certified emergency medical technician or other healthcare provider and continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility; (6) "Person" means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not; and (7) "Ventricular fibrillation" means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart's electrical impulses suddenly become chaotic, often without warning, causing the heart's pumping action to stop abruptly. Acts 2005, No. 273, § 1.

As used in this subchapter:

(1) "Automated external defibrillator" means a device that: (A) Is used to administer an electric shock through the chest wall to the heart; (B) Has built-in computers within the device to assess the patient's heart rhythm, judge whether defibrillation is needed, and then administer the shock; (C) Has audible or visual prompts, or both, to guide the user through the process; (D) Has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C. § 360(k) ; (E) Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and (F) Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual's heart or charges and delivers an electrical impulse at the command of the operator;

(A) Is used to administer an electric shock through the chest wall to the heart;

(B) Has built-in computers within the device to assess the patient's heart rhythm, judge whether defibrillation is needed, and then administer the shock;

(C) Has audible or visual prompts, or both, to guide the user through the process;

(D) Has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C. § 360(k) ;

(E) Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and

(F) Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual's heart or charges and delivers an electrical impulse at the command of the operator;

(2) "Cardiac arrest" means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying form of heart disease;

(3) "Cardiopulmonary resuscitation" means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person's life until advanced assistance arrives;

(4) "Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia;

(5) "Emergency medical services" means the transportation and medical care provided the ill or injured before arrival at a medical facility by a certified emergency medical technician or other healthcare provider and continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;

(6) "Person" means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not; and

(7) "Ventricular fibrillation" means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart's electrical impulses suddenly become chaotic, often without warning, causing the heart's pumping action to stop abruptly.

Acts 2005, No. 273, § 1.
Ark. Code Ann. § 20-8-104 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-104
Health Services Permit Agency - Powers and duties
Status: in_force

(a) There is created and established the Health Services Permit Agency, which shall be under the supervision and control of the Department of Health. (b) The agency, under the administration of the department, shall possess and exercise such duties and powers as necessary to implement the policy and procedures adopted by the Health Services Permit Commission. (c) The agency, under the administration of the department, shall review all applications for permits of approval and approve or deny the application within ninety (90) days from the date the application is deemed complete and submitted for review. (d) The State of Arkansas shall not participate in the capital expenditures review program, otherwise known as the "1122 Program", unless it becomes mandatory for continuation in federal programs authorized under Title V of the Social Security Act, 42 U.S.C. § 701 et seq., Title XIV of the Social Security Act, 42 U.S.C. § 1351 et seq., and Title XVII of the Social Security Act, 42 U.S.C. § 1391 et seq., for all states. (e) The agency, under the administration of the department, shall assist the commission in the performance of its duties under this subchapter. Amended by Act 2019, No. 910,§ 4955, eff. 7/1/2019. Acts 1987, No. 593, § 4; 2001, No. 1800, § 9.

(a) There is created and established the Health Services Permit Agency, which shall be under the supervision and control of the Department of Health.

(b) The agency, under the administration of the department, shall possess and exercise such duties and powers as necessary to implement the policy and procedures adopted by the Health Services Permit Commission.

(c) The agency, under the administration of the department, shall review all applications for permits of approval and approve or deny the application within ninety (90) days from the date the application is deemed complete and submitted for review.

(d) The State of Arkansas shall not participate in the capital expenditures review program, otherwise known as the "1122 Program", unless it becomes mandatory for continuation in federal programs authorized under Title V of the Social Security Act, 42 U.S.C. § 701 et seq., Title XIV of the Social Security Act, 42 U.S.C. § 1351 et seq., and Title XVII of the Social Security Act, 42 U.S.C. § 1391 et seq., for all states.

(e) The agency, under the administration of the department, shall assist the commission in the performance of its duties under this subchapter.

Amended by Act 2019, No. 910,§ 4955, eff. 7/1/2019.

Acts 1987, No. 593, § 4; 2001, No. 1800, § 9.
Ark. Code Ann. § 20-7-127 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-127
[Repealed]
Status: repealed

Repealed by Act 2017, No. 206,§ 1, eff. 8/1/2017. Acts 1987, No. 677, §§ 1-3; 1993, No. 350, §§ 4, 5.

Repealed by Act 2017, No. 206,§ 1, eff. 8/1/2017.

Acts 1987, No. 677, §§ 1-3; 1993, No. 350, §§ 4, 5.
Ark. Code Ann. § 20-64-304 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-304
Penalties
Status: in_force

(a) (1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court. (2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years. (3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years. (b) No person shall be subject to the penalties of subsection (a) of this section, for having violated § 20-64-306(9) and (10) if the person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug's being a counterfeit drug or for having violated § 20-64-306(10) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug. Acts 1967, No. 492, § 4; 1975, No. 928, § 25; A.S.A. 1947, § 82-2104.

(a) (1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court. (2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years. (3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years.

(1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court.

(2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years.

(3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years.

(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated § 20-64-306(9) and (10) if the person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug's being a counterfeit drug or for having violated § 20-64-306(10) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug.

Acts 1967, No. 492, § 4; 1975, No. 928, § 25; A.S.A. 1947, § 82-2104.
Ark. Code Ann. § 20-77-115 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-115
Personal care reimbursement rates - Legislative findings - Definition
Status: in_force

(a) The General Assembly finds that: (1) The provision of high-quality personal care services in Arkansas is a priority concern; (2) Personal care service: (A) Is an essential service that enables residents of Arkansas to live in their own homes and avoid institutional care; (B) Is vital for allowing residents of Arkansas to remain in their own homes and maintain a level of personal independence and freedom; and (C) Saves the healthcare system money by avoiding prolonged institutionalization, high costs, and associated adverse implications; and (3) Providers of personal care services should be paid at a rate that is consistent with efficiency, economy, and quality of care and is sufficient to enlist enough providers so that in-home care and services are available statewide. (b) As used in this section, "personal care services" means assistance with activities of daily living, respite care, or attendant care provided in the home through the Arkansas Medicaid Personal Care Program. (c) (1) If there is an increase in the state or federal minimum wage that is higher than the minimum wage that applies to employees in Arkansas, the Arkansas Medicaid Program shall conduct a review of the reimbursement rates for personal care services within one hundred eighty (180) days of the publishing of the rate by the Department of Labor and Licensing. (2) Within one hundred eighty (180) days of the completion of the review of the reimbursement rates under subdivision (c)(1) of this section, the Department of Human Services shall submit a state plan amendment, waiver, or other necessary authorization to modify the reimbursement rate of personal care services. (3) The reimbursement rate modifications described in subdivision (c)(2) of this section shall be retroactive to the maximum date of the increase in the state or federal minimum wage that is allowable under federal law as it relates to the federal medical assistance percentage. (d) A reimbursement payment made under this section may not exceed the Medicaid upper payment limit as established by the Centers for Medicare & Medicaid Services. (e) The Arkansas Medicaid Program shall make sufficient funds available to a beneficiary to reimburse or pay a provider of personal care services for the number of hours of personal care services that the beneficiary needs or is qualified or eligible for. Amended by Act 2023, No. 205,§ 7, eff. 8/1/2023. Amended by Act 2021, No. 571,§ 2, eff. 7/28/2021. Acts 1997, No. 1360, § 125.

(a) The General Assembly finds that: (1) The provision of high-quality personal care services in Arkansas is a priority concern; (2) Personal care service: (A) Is an essential service that enables residents of Arkansas to live in their own homes and avoid institutional care; (B) Is vital for allowing residents of Arkansas to remain in their own homes and maintain a level of personal independence and freedom; and (C) Saves the healthcare system money by avoiding prolonged institutionalization, high costs, and associated adverse implications; and (3) Providers of personal care services should be paid at a rate that is consistent with efficiency, economy, and quality of care and is sufficient to enlist enough providers so that in-home care and services are available statewide.

(1) The provision of high-quality personal care services in Arkansas is a priority concern;

(2) Personal care service: (A) Is an essential service that enables residents of Arkansas to live in their own homes and avoid institutional care; (B) Is vital for allowing residents of Arkansas to remain in their own homes and maintain a level of personal independence and freedom; and (C) Saves the healthcare system money by avoiding prolonged institutionalization, high costs, and associated adverse implications; and

(A) Is an essential service that enables residents of Arkansas to live in their own homes and avoid institutional care;

(B) Is vital for allowing residents of Arkansas to remain in their own homes and maintain a level of personal independence and freedom; and

(C) Saves the healthcare system money by avoiding prolonged institutionalization, high costs, and associated adverse implications; and

(3) Providers of personal care services should be paid at a rate that is consistent with efficiency, economy, and quality of care and is sufficient to enlist enough providers so that in-home care and services are available statewide.

(b) As used in this section, "personal care services" means assistance with activities of daily living, respite care, or attendant care provided in the home through the Arkansas Medicaid Personal Care Program.

(c) (1) If there is an increase in the state or federal minimum wage that is higher than the minimum wage that applies to employees in Arkansas, the Arkansas Medicaid Program shall conduct a review of the reimbursement rates for personal care services within one hundred eighty (180) days of the publishing of the rate by the Department of Labor and Licensing. (2) Within one hundred eighty (180) days of the completion of the review of the reimbursement rates under subdivision (c)(1) of this section, the Department of Human Services shall submit a state plan amendment, waiver, or other necessary authorization to modify the reimbursement rate of personal care services. (3) The reimbursement rate modifications described in subdivision (c)(2) of this section shall be retroactive to the maximum date of the increase in the state or federal minimum wage that is allowable under federal law as it relates to the federal medical assistance percentage.

(1) If there is an increase in the state or federal minimum wage that is higher than the minimum wage that applies to employees in Arkansas, the Arkansas Medicaid Program shall conduct a review of the reimbursement rates for personal care services within one hundred eighty (180) days of the publishing of the rate by the Department of Labor and Licensing.

(2) Within one hundred eighty (180) days of the completion of the review of the reimbursement rates under subdivision (c)(1) of this section, the Department of Human Services shall submit a state plan amendment, waiver, or other necessary authorization to modify the reimbursement rate of personal care services.

(3) The reimbursement rate modifications described in subdivision (c)(2) of this section shall be retroactive to the maximum date of the increase in the state or federal minimum wage that is allowable under federal law as it relates to the federal medical assistance percentage.

(d) A reimbursement payment made under this section may not exceed the Medicaid upper payment limit as established by the Centers for Medicare & Medicaid Services.

(e) The Arkansas Medicaid Program shall make sufficient funds available to a beneficiary to reimburse or pay a provider of personal care services for the number of hours of personal care services that the beneficiary needs or is qualified or eligible for.

Amended by Act 2023, No. 205,§ 7, eff. 8/1/2023.

Amended by Act 2021, No. 571,§ 2, eff. 7/28/2021.

Acts 1997, No. 1360, § 125.
Ark. Code Ann. § 20-15-1203 — AR Code / Title 20 / Chapter 15 / Subchapter 12 / Section 20-15-1203
Duty of providers - Penalty
Status: in_force

(a) (1) A provider shall register with the Department of Health the intent to administer childhood immunizations to an individual under twenty-two (22) years of age under guidelines established by the department. (2) A provider shall report to the department the administration of a childhood immunization to an individual under twenty-two (22) years of age. (3) A provider may report the administration of adult immunizations to individuals twenty-two (22) years of age or older to the department. (b) A provider who administers a childhood immunization and fails to register with the department or make the required reports to the department, or both, shall be fined twenty-five dollars ($25.00). Amended by Act 2015, No. 541,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1132,§ 14, eff. 8/16/2013. Acts 1995, No. 432, § 3; 2011, No. 179, § 2.

(a) (1) A provider shall register with the Department of Health the intent to administer childhood immunizations to an individual under twenty-two (22) years of age under guidelines established by the department. (2) A provider shall report to the department the administration of a childhood immunization to an individual under twenty-two (22) years of age. (3) A provider may report the administration of adult immunizations to individuals twenty-two (22) years of age or older to the department.

(1) A provider shall register with the Department of Health the intent to administer childhood immunizations to an individual under twenty-two (22) years of age under guidelines established by the department.

(2) A provider shall report to the department the administration of a childhood immunization to an individual under twenty-two (22) years of age.

(3) A provider may report the administration of adult immunizations to individuals twenty-two (22) years of age or older to the department.

(b) A provider who administers a childhood immunization and fails to register with the department or make the required reports to the department, or both, shall be fined twenty-five dollars ($25.00).

Amended by Act 2015, No. 541,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1132,§ 14, eff. 8/16/2013.

Acts 1995, No. 432, § 3; 2011, No. 179, § 2.
Ark. Code Ann. § 20-27-2509 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2509
Unlawful acts
Status: in_force

It is unlawful for a person to: (1) Conduct lead-based paint activities without having first obtained a license or certification, or both, from the Department of Health when acting as a contractor, consultant, training provider, inspector, project designer, risk assessor, supervisor, or worker; (2) Violate this subchapter or any rule or order adopted or issued under this subchapter; (3) Knowingly make any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter or rules adopted under this subchapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted under this subchapter; or (4) Participate in any lead-based paint-hazard activity contrary to the rules or orders issued under this subchapter and the rules adopted under this subchapter, whether or not the person is required to have a license under this subchapter. Acts 2011, No. 1011, § 6.

It is unlawful for a person to:

(1) Conduct lead-based paint activities without having first obtained a license or certification, or both, from the Department of Health when acting as a contractor, consultant, training provider, inspector, project designer, risk assessor, supervisor, or worker;

(2) Violate this subchapter or any rule or order adopted or issued under this subchapter;

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

(4) Participate in any lead-based paint-hazard activity contrary to the rules or orders issued under this subchapter and the rules adopted under this subchapter, whether or not the person is required to have a license under this subchapter.

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-77-1711 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1711
Copies of records to be supplied to department - Exception
Status: in_force

(a) Except as provided in subsection (b) of this section, providers must supply records to the Department of Human Services at their own cost. (b) If the provider has supplied records to the department and the provider identifies to whom the records were supplied, the provider is not required to provide a second copy of the records at its own cost. Acts 2005, No. 1758, § 1; 2007, No. 596, § 5.

(a) Except as provided in subsection (b) of this section, providers must supply records to the Department of Human Services at their own cost.

(b) If the provider has supplied records to the department and the provider identifies to whom the records were supplied, the provider is not required to provide a second copy of the records at its own cost.

Acts 2005, No. 1758, § 1; 2007, No. 596, § 5.
Ark. Code Ann. § 20-16-1409 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1409
Protection of privacy in court proceedings
Status: in_force

(a) In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to the disclosure. (b) The court, upon motion or sua sponte, shall make a ruling under subsection (a) of this section and, upon determining that the woman's anonymity should be preserved, shall issue orders 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 the woman's identity from public disclosure. (c) Each order under subsection (b) of this section shall be accompanied by specific written findings explaining: (1) Why the anonymity of the woman should be preserved from public disclosure; (2) Why the order is essential to that end; (3) How the order is narrowly tailored to serve that interest; and (4) Why no reasonable less restrictive alternative could be fashioned. (d) In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone other than a public official who brings an action under § 20-16-1408 shall do so under a pseudonym. (e) This section is not intended to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

(a) In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to the disclosure.

(b) The court, upon motion or sua sponte, shall make a ruling under subsection (a) of this section and, upon determining that the woman's anonymity should be preserved, shall issue orders 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 the woman's identity from public disclosure.

(c) Each order under subsection (b) of this section shall be accompanied by specific written findings explaining: (1) Why the anonymity of the woman should be preserved from public disclosure; (2) Why the order is essential to that end; (3) How the order is narrowly tailored to serve that interest; and (4) Why no reasonable less restrictive alternative could be fashioned.

(1) Why the anonymity of the woman should be preserved from public disclosure;

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

(3) How the order is narrowly tailored to serve that interest; and

(4) Why no reasonable less restrictive alternative could be fashioned.

(d) In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone other than a public official who brings an action under § 20-16-1408 shall do so under a pseudonym.

(e) This section is not intended to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-15-904 — AR Code / Title 20 / Chapter 15 / Subchapter 9 / Section 20-15-904
Reporting - Confidentiality - Subpoenas
Status: in_force

(a) A person with acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies is infectious to others through the exchange of body fluids during sexual intercourse and through the parenteral transfer of blood or blood products and under these circumstances is a danger to the public. (b) A physician whose patient is determined to have acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies shall immediately make a report to the Department of Health in the manner and form as the department shall direct. (c) (1) All information and reports in connection with persons suffering from or suspected to be suffering from the diseases specified in this section shall be regarded as confidential by every person, body, or committee whose duty it is or may be to obtain, make, transmit, and receive information and reports. (2) However, any prosecuting attorney of this state may subpoena information as may be necessary to enforce the provisions of this section and §§ 5-14-123 and 16-82-101 , provided that any information acquired pursuant to the subpoena shall not be disclosed except to the courts to enforce this section. Acts 1989, No. 614, §§ 1, 3, 4.

(a) A person with acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies is infectious to others through the exchange of body fluids during sexual intercourse and through the parenteral transfer of blood or blood products and under these circumstances is a danger to the public.

(b) A physician whose patient is determined to have acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies shall immediately make a report to the Department of Health in the manner and form as the department shall direct.

(c) (1) All information and reports in connection with persons suffering from or suspected to be suffering from the diseases specified in this section shall be regarded as confidential by every person, body, or committee whose duty it is or may be to obtain, make, transmit, and receive information and reports. (2) However, any prosecuting attorney of this state may subpoena information as may be necessary to enforce the provisions of this section and §§ 5-14-123 and 16-82-101 , provided that any information acquired pursuant to the subpoena shall not be disclosed except to the courts to enforce this section.

(1) All information and reports in connection with persons suffering from or suspected to be suffering from the diseases specified in this section shall be regarded as confidential by every person, body, or committee whose duty it is or may be to obtain, make, transmit, and receive information and reports.

(2) However, any prosecuting attorney of this state may subpoena information as may be necessary to enforce the provisions of this section and §§ 5-14-123 and 16-82-101 , provided that any information acquired pursuant to the subpoena shall not be disclosed except to the courts to enforce this section.

Acts 1989, No. 614, §§ 1, 3, 4.
Ark. Code Ann. § 20-10-2302 — AR Code / Title 20 / Chapter 10 / Subchapter 23 / Section 20-10-2302
Definitions
Status: in_force

As used in this subchapter, "private care agency" means a provider that is certified by the Division of Provider Services and Quality Assurance as a provider of home- and community-based health services and that: (1) Furnishes in-home staffing services for personal and attendant care services; and (2) Retains liability insurance of not less than one million dollars ($1,000,000) to cover its employees and independent contractors while its employees and independent contractors are engaged in providing personal and attendant care services. Amended by Act 2023, No. 164,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 591,§ 2, eff. 8/1/2017. Acts 2009, No. 5, § 1.

As used in this subchapter, "private care agency" means a provider that is certified by the Division of Provider Services and Quality Assurance as a provider of home- and community-based health services and that:

(1) Furnishes in-home staffing services for personal and attendant care services; and

(2) Retains liability insurance of not less than one million dollars ($1,000,000) to cover its employees and independent contractors while its employees and independent contractors are engaged in providing personal and attendant care services.

Amended by Act 2023, No. 164,§ 1, eff. 8/1/2023.

Amended by Act 2017, No. 591,§ 2, eff. 8/1/2017.

Acts 2009, No. 5, § 1.
Ark. Code Ann. § 20-10-406 — AR Code / Title 20 / Chapter 10 / Subchapter 4 / Section 20-10-406
Reciprocity
Status: in_force

(a) The Office of Long-Term Care may by rule establish terms and conditions for reciprocity licensure of individuals currently licensed in good standing as long-term care facility administrators in other states. (b) At their option, applicants qualifying for reciprocity licensure may be granted a nonrenewable temporary license not to exceed one hundred twenty (120) days upon condition of payment of a fifty-dollar temporary license fee and upon meeting the terms and conditions established by the office for the temporary license. Amended by Act 2019, No. 315,§ 1878, eff. 7/24/2019. Acts 1969, No. 58, § 4; 1975, No. 119, § 4; A.S.A. 1947, § 82-2204; Acts 1995, No. 469, § 2.

(a) The Office of Long-Term Care may by rule establish terms and conditions for reciprocity licensure of individuals currently licensed in good standing as long-term care facility administrators in other states.

(b) At their option, applicants qualifying for reciprocity licensure may be granted a nonrenewable temporary license not to exceed one hundred twenty (120) days upon condition of payment of a fifty-dollar temporary license fee and upon meeting the terms and conditions established by the office for the temporary license.

Amended by Act 2019, No. 315,§ 1878, eff. 7/24/2019.

Acts 1969, No. 58, § 4; 1975, No. 119, § 4; A.S.A. 1947, § 82-2204; Acts 1995, No. 469, § 2.
Ark. Code Ann. § 20-77-310 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-310
Denial or reduction of benefits - Service plan corporation contracts
Status: in_force

After July 1, 1981, no service plan corporation shall deliver, issue for delivery, or renew any subscriber's contract which contains any provision denying or reducing benefits because services are rendered to a subscriber or dependent who is eligible for medical assistance under the Arkansas Medicaid Program. Acts 1981, No. 500, § 8; A.S.A. 1947, § 83-171.9.

After July 1, 1981, no service plan corporation shall deliver, issue for delivery, or renew any subscriber's contract which contains any provision denying or reducing benefits because services are rendered to a subscriber or dependent who is eligible for medical assistance under the Arkansas Medicaid Program.

Acts 1981, No. 500, § 8; A.S.A. 1947, § 83-171.9.
Ark. Code Ann. § 20-25-105 — AR Code / Title 20 / Chapter 25 / Section 20-25-105
Arkansas Manufactured Home Commission - Creation - Members
Status: in_force

(a) (1) There is created the Arkansas Manufactured Home Commission consisting of eight (8) members. Members shall be appointed by the Governor and confirmed by the Senate. The members shall be representative of the following interests: (A) Four (4) members shall be active in the manufactured home industry and licensed or certified under this chapter at the time of their appointment; and (B) Four (4) members shall be from the public at large and shall not be employed by or retired from an entity licensed or certified under this chapter at the time of their appointment. (2) Appointments of those active in the manufactured home industry shall be made by the Governor after consulting the Arkansas Manufactured Housing Association for each appointment and subject to confirmation by the Senate. (3) Each member shall be appointed for a five-year term, except that a person appointed to fill a vacancy shall serve only the unexpired portion of the term. Each member's term shall extend until his or her successor is appointed and qualified. (4) The members shall not receive compensation for their services as members but may receive expense reimbursement in accordance with § 25-16-901 et seq. (5) Membership on the commission shall not constitute holding a public office, and no member shall be disqualified from holding any public office or employment by reason of membership on the commission, nor shall the member forfeit the office or employment by reason of his or her appointment hereunder, notwithstanding any law to the contrary. (b) A chair and vice chair shall be elected by the commission to serve two (2) years. Amended by Act 2023, No. 391,§ 2, eff. 8/1/2023. Amended by Act 2015, No. 1100,§ 52, eff. 7/22/2015. Acts 1977, No. 419, § 12; 1981, No. 533, § 12; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 416, § 2; A.S.A. 1947, §§ 6-623 -- 6-626, 82-3026; Acts 1993, No. 917, § 1; 1997, No. 250, § 198; 2007, No. 1010, § 2.

(a) (1) There is created the Arkansas Manufactured Home Commission consisting of eight (8) members. Members shall be appointed by the Governor and confirmed by the Senate. The members shall be representative of the following interests: (A) Four (4) members shall be active in the manufactured home industry and licensed or certified under this chapter at the time of their appointment; and (B) Four (4) members shall be from the public at large and shall not be employed by or retired from an entity licensed or certified under this chapter at the time of their appointment. (2) Appointments of those active in the manufactured home industry shall be made by the Governor after consulting the Arkansas Manufactured Housing Association for each appointment and subject to confirmation by the Senate. (3) Each member shall be appointed for a five-year term, except that a person appointed to fill a vacancy shall serve only the unexpired portion of the term. Each member's term shall extend until his or her successor is appointed and qualified. (4) The members shall not receive compensation for their services as members but may receive expense reimbursement in accordance with § 25-16-901 et seq. (5) Membership on the commission shall not constitute holding a public office, and no member shall be disqualified from holding any public office or employment by reason of membership on the commission, nor shall the member forfeit the office or employment by reason of his or her appointment hereunder, notwithstanding any law to the contrary.

(1) There is created the Arkansas Manufactured Home Commission consisting of eight (8) members. Members shall be appointed by the Governor and confirmed by the Senate. The members shall be representative of the following interests: (A) Four (4) members shall be active in the manufactured home industry and licensed or certified under this chapter at the time of their appointment; and (B) Four (4) members shall be from the public at large and shall not be employed by or retired from an entity licensed or certified under this chapter at the time of their appointment.

(A) Four (4) members shall be active in the manufactured home industry and licensed or certified under this chapter at the time of their appointment; and

(B) Four (4) members shall be from the public at large and shall not be employed by or retired from an entity licensed or certified under this chapter at the time of their appointment.

(2) Appointments of those active in the manufactured home industry shall be made by the Governor after consulting the Arkansas Manufactured Housing Association for each appointment and subject to confirmation by the Senate.

(3) Each member shall be appointed for a five-year term, except that a person appointed to fill a vacancy shall serve only the unexpired portion of the term. Each member's term shall extend until his or her successor is appointed and qualified.

(4) The members shall not receive compensation for their services as members but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(5) Membership on the commission shall not constitute holding a public office, and no member shall be disqualified from holding any public office or employment by reason of membership on the commission, nor shall the member forfeit the office or employment by reason of his or her appointment hereunder, notwithstanding any law to the contrary.

(b) A chair and vice chair shall be elected by the commission to serve two (2) years.

Amended by Act 2023, No. 391,§ 2, eff. 8/1/2023.

Amended by Act 2015, No. 1100,§ 52, eff. 7/22/2015.

Acts 1977, No. 419, § 12; 1981, No. 533, § 12; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 416, § 2; A.S.A. 1947, §§ 6-623 -- 6-626, 82-3026; Acts 1993, No. 917, § 1; 1997, No. 250, § 198; 2007, No. 1010, § 2.
Ark. Code Ann. § 20-21-603 — AR Code / Title 20 / Chapter 21 / Subchapter 6 / Section 20-21-603
Creation
Status: in_force

(a) (1) The Nuclear Planning and Response Program Advisory Committee shall be established and shall be composed of the following elected officials: (A) The county judge of Conway County, Arkansas; (B) The county judge of Johnson County, Arkansas; (C) The county judge of Logan County, Arkansas; (D) The county judge of Pope County, Arkansas; (E) The county judge of Yell County, Arkansas; (F) The mayor of Atkins, Arkansas; (G) The mayor of Clarksville, Arkansas; (H) The mayor of Danville, Arkansas; (I) The mayor of Dardanelle, Arkansas; (J) The mayor of Dover, Arkansas; (K) The mayor of Knoxville, Arkansas; (L) The mayor of London, Arkansas; (M) The mayor of Morrilton, Arkansas; (N) The mayor of Paris, Arkansas; and (O) The mayor of Russellville, Arkansas. (2) A committee member may designate a proxy, in writing, to serve in his or her absence. (b) The committee shall: (1) Be aware of the ongoing programs of the Nuclear Planning and Response Program as they relate to continuous environmental radiation surveillance, training and education of persons residing in the ten-mile Emergency Planning Zone, immediate emergency response capability, dissemination of information to the public, and evacuation procedures; (2) Advise on the applicability of any federal guidelines that may affect their respective towns and counties; (3) Review and comment regarding the operations and coordination of required annual exercises as they relate to their off-site emergency capabilities to respond to a radiological incident at Arkansas Nuclear One, Units One and Two; (4) Meet at least one (1) time in each fiscal year and at other times on the call of the Director of the State Radiation Control Agency or his or her designee. A written and timely notice of the time, place, and purpose of meetings shall be mailed by the State Radiation Control Agency to all committee members; and (5) Conduct meetings in such a fashion that the local public has received adequate notice and that space is provided for attendance. (c) Committee members may receive expense reimbursement from the Arkansas Nuclear Planning and Response Fund in accordance with § 25-16-901 et seq. Acts 1983, No. 544, § 3; A.S.A. 1947, § 82-1553; Acts 1997, No. 250, § 192.

(a) (1) The Nuclear Planning and Response Program Advisory Committee shall be established and shall be composed of the following elected officials: (A) The county judge of Conway County, Arkansas; (B) The county judge of Johnson County, Arkansas; (C) The county judge of Logan County, Arkansas; (D) The county judge of Pope County, Arkansas; (E) The county judge of Yell County, Arkansas; (F) The mayor of Atkins, Arkansas; (G) The mayor of Clarksville, Arkansas; (H) The mayor of Danville, Arkansas; (I) The mayor of Dardanelle, Arkansas; (J) The mayor of Dover, Arkansas; (K) The mayor of Knoxville, Arkansas; (L) The mayor of London, Arkansas; (M) The mayor of Morrilton, Arkansas; (N) The mayor of Paris, Arkansas; and (O) The mayor of Russellville, Arkansas. (2) A committee member may designate a proxy, in writing, to serve in his or her absence.

(1) The Nuclear Planning and Response Program Advisory Committee shall be established and shall be composed of the following elected officials: (A) The county judge of Conway County, Arkansas; (B) The county judge of Johnson County, Arkansas; (C) The county judge of Logan County, Arkansas; (D) The county judge of Pope County, Arkansas; (E) The county judge of Yell County, Arkansas; (F) The mayor of Atkins, Arkansas; (G) The mayor of Clarksville, Arkansas; (H) The mayor of Danville, Arkansas; (I) The mayor of Dardanelle, Arkansas; (J) The mayor of Dover, Arkansas; (K) The mayor of Knoxville, Arkansas; (L) The mayor of London, Arkansas; (M) The mayor of Morrilton, Arkansas; (N) The mayor of Paris, Arkansas; and (O) The mayor of Russellville, Arkansas.

(A) The county judge of Conway County, Arkansas;

(B) The county judge of Johnson County, Arkansas;

(C) The county judge of Logan County, Arkansas;

(D) The county judge of Pope County, Arkansas;

(E) The county judge of Yell County, Arkansas;

(F) The mayor of Atkins, Arkansas;

(G) The mayor of Clarksville, Arkansas;

(H) The mayor of Danville, Arkansas;

(I) The mayor of Dardanelle, Arkansas;

(J) The mayor of Dover, Arkansas;

(K) The mayor of Knoxville, Arkansas;

(L) The mayor of London, Arkansas;

(M) The mayor of Morrilton, Arkansas;

(N) The mayor of Paris, Arkansas; and

(O) The mayor of Russellville, Arkansas.

(2) A committee member may designate a proxy, in writing, to serve in his or her absence.

(b) The committee shall: (1) Be aware of the ongoing programs of the Nuclear Planning and Response Program as they relate to continuous environmental radiation surveillance, training and education of persons residing in the ten-mile Emergency Planning Zone, immediate emergency response capability, dissemination of information to the public, and evacuation procedures; (2) Advise on the applicability of any federal guidelines that may affect their respective towns and counties; (3) Review and comment regarding the operations and coordination of required annual exercises as they relate to their off-site emergency capabilities to respond to a radiological incident at Arkansas Nuclear One, Units One and Two; (4) Meet at least one (1) time in each fiscal year and at other times on the call of the Director of the State Radiation Control Agency or his or her designee. A written and timely notice of the time, place, and purpose of meetings shall be mailed by the State Radiation Control Agency to all committee members; and (5) Conduct meetings in such a fashion that the local public has received adequate notice and that space is provided for attendance.

(1) Be aware of the ongoing programs of the Nuclear Planning and Response Program as they relate to continuous environmental radiation surveillance, training and education of persons residing in the ten-mile Emergency Planning Zone, immediate emergency response capability, dissemination of information to the public, and evacuation procedures;

(2) Advise on the applicability of any federal guidelines that may affect their respective towns and counties;

(3) Review and comment regarding the operations and coordination of required annual exercises as they relate to their off-site emergency capabilities to respond to a radiological incident at Arkansas Nuclear One, Units One and Two;

(4) Meet at least one (1) time in each fiscal year and at other times on the call of the Director of the State Radiation Control Agency or his or her designee. A written and timely notice of the time, place, and purpose of meetings shall be mailed by the State Radiation Control Agency to all committee members; and

(5) Conduct meetings in such a fashion that the local public has received adequate notice and that space is provided for attendance.

(c) Committee members may receive expense reimbursement from the Arkansas Nuclear Planning and Response Fund in accordance with § 25-16-901 et seq.

Acts 1983, No. 544, § 3; A.S.A. 1947, § 82-1553; Acts 1997, No. 250, § 192.