Ark. Code Ann. § 20-9-1203 — AR Code / Title 20 / Chapter 9 / Subchapter 12 / Section 20-9-1203
Health facility reports
Status: in_force

(a) A health facility shall collect data on healthcare-associated infection rates for the following: (1) Central line-associated bloodstream infections in an intensive care unit; and (2) Other categories as provided under § 20-9-1204(e) . (b) (1) (A) A health facility may voluntarily submit quarterly reports to the Department of Health on the health facility's healthcare-associated infection rates. (B) (i) If a health facility elects to submit quarterly reports, the reports shall be submitted to the department: (a) In a format prescribed by the department; and (b) By April 30, July 31, October 31, and January 31 of each year. (ii) Each quarterly report shall cover the immediately preceding calendar quarter. (C) Data in the quarterly reports shall cover a period ending not earlier than one (1) month before the submission of the report. (2) If the health facility is a division or subsidiary of another entity that owns or operates other health facilities, the quarterly report shall be for the specific division or subsidiary and not for the other entity. (c) (1) A health facility participating in the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program or its successor shall authorize the department to have access to the following information that the health facility submits to the National Healthcare Safety Network: (A) The name of the health facility; and (B) Any information submitted to the National Healthcare Safety Network in order to satisfy the requirements of the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program. (2) The information contained in the National Healthcare Safety Network database and obtained by the department under this section may be used by the department for surveillance and prevention purposes only and shall not be used for regulatory purposes. Acts 2007, No. 845, § 1; 2011, No. 634, §§ 2, 3.

(a) A health facility shall collect data on healthcare-associated infection rates for the following: (1) Central line-associated bloodstream infections in an intensive care unit; and (2) Other categories as provided under § 20-9-1204(e) .

(1) Central line-associated bloodstream infections in an intensive care unit; and

(2) Other categories as provided under § 20-9-1204(e) .

(b) (1) (A) A health facility may voluntarily submit quarterly reports to the Department of Health on the health facility's healthcare-associated infection rates. (B) (i) If a health facility elects to submit quarterly reports, the reports shall be submitted to the department: (a) In a format prescribed by the department; and (b) By April 30, July 31, October 31, and January 31 of each year. (ii) Each quarterly report shall cover the immediately preceding calendar quarter. (C) Data in the quarterly reports shall cover a period ending not earlier than one (1) month before the submission of the report. (2) If the health facility is a division or subsidiary of another entity that owns or operates other health facilities, the quarterly report shall be for the specific division or subsidiary and not for the other entity.

(1) (A) A health facility may voluntarily submit quarterly reports to the Department of Health on the health facility's healthcare-associated infection rates. (B) (i) If a health facility elects to submit quarterly reports, the reports shall be submitted to the department: (a) In a format prescribed by the department; and (b) By April 30, July 31, October 31, and January 31 of each year. (ii) Each quarterly report shall cover the immediately preceding calendar quarter. (C) Data in the quarterly reports shall cover a period ending not earlier than one (1) month before the submission of the report.

(A) A health facility may voluntarily submit quarterly reports to the Department of Health on the health facility's healthcare-associated infection rates.

(B) (i) If a health facility elects to submit quarterly reports, the reports shall be submitted to the department: (a) In a format prescribed by the department; and (b) By April 30, July 31, October 31, and January 31 of each year. (ii) Each quarterly report shall cover the immediately preceding calendar quarter.

(i) If a health facility elects to submit quarterly reports, the reports shall be submitted to the department: (a) In a format prescribed by the department; and (b) By April 30, July 31, October 31, and January 31 of each year.

(a) In a format prescribed by the department; and

(b) By April 30, July 31, October 31, and January 31 of each year.

(ii) Each quarterly report shall cover the immediately preceding calendar quarter.

(C) Data in the quarterly reports shall cover a period ending not earlier than one (1) month before the submission of the report.

(2) If the health facility is a division or subsidiary of another entity that owns or operates other health facilities, the quarterly report shall be for the specific division or subsidiary and not for the other entity.

(c) (1) A health facility participating in the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program or its successor shall authorize the department to have access to the following information that the health facility submits to the National Healthcare Safety Network: (A) The name of the health facility; and (B) Any information submitted to the National Healthcare Safety Network in order to satisfy the requirements of the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program. (2) The information contained in the National Healthcare Safety Network database and obtained by the department under this section may be used by the department for surveillance and prevention purposes only and shall not be used for regulatory purposes.

(1) A health facility participating in the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program or its successor shall authorize the department to have access to the following information that the health facility submits to the National Healthcare Safety Network: (A) The name of the health facility; and (B) Any information submitted to the National Healthcare Safety Network in order to satisfy the requirements of the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program.

(A) The name of the health facility; and

(B) Any information submitted to the National Healthcare Safety Network in order to satisfy the requirements of the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program.

(2) The information contained in the National Healthcare Safety Network database and obtained by the department under this section may be used by the department for surveillance and prevention purposes only and shall not be used for regulatory purposes.

Acts 2007, No. 845, § 1; 2011, No. 634, §§ 2, 3.
Ark. Code Ann. § 20-17-1117 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1117
Certain suits in public interest
Status: in_force

(a) All cases involving the validity of the districts or the annual benefit assessments and all suits to foreclose the lien of annual benefit assessments shall be deemed matters of public interest, and they shall be advanced and disposed of at the earliest possible moment. (b) All appeals therefrom shall be taken and perfected within thirty (30) days. Acts 1957, No. 318, § 14; A.S.A. 1947, § 20-1314.

(a) All cases involving the validity of the districts or the annual benefit assessments and all suits to foreclose the lien of annual benefit assessments shall be deemed matters of public interest, and they shall be advanced and disposed of at the earliest possible moment.

(b) All appeals therefrom shall be taken and perfected within thirty (30) days.

Acts 1957, No. 318, § 14; A.S.A. 1947, § 20-1314.
Ark. Code Ann. § 20-13-1306 — AR Code / Title 20 / Chapter 13 / Subchapter 13 / Section 20-13-1306
Health spas - Definition
Status: in_force

(a) As used in this section, "health spa" means any person, firm, corporation, organization, club, or association engaged in the sale of: (1) Memberships in a program of physical exercise that includes the use of one (1) or more sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device; or (2) The right or privilege to use exercise equipment or facilities such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, including, but not limited to: (A) For-profit businesses, firms, corporations, organizations, clubs, or associations; (B) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes; (C) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate; (D) Any college or university fitness center; (E) Any country club; or (F) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months. (b) (1) Each health spa shall have at least one (1) automated external defibrillator on the premises. (2) The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members, and guests. (3) At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty. (4) An unstaffed health spa shall have on the premises: (A) A telephone for 911 telephone call access; (B) An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member's health and safety; and (C) In plain view: (i) A sign indicating the location of the automated external defibrillator; and (ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation. (c) No cause of action against a health spa or its employees may arise in connection with the use or nonuse of an automated external defibrillator unless the health spa has: (1) Failed to purchase an automated external defibrillator as required under this section; or (2) Acted with gross negligence in the use of an automated external defibrillator. (d) If a health spa does not comply with this section, any contract for health spa services shall be voidable at the option of the buyer. Acts 2005, No. 1199, § 1; 2007, No. 827, § 158; 2007, No. 1606, § 1.

(a) As used in this section, "health spa" means any person, firm, corporation, organization, club, or association engaged in the sale of: (1) Memberships in a program of physical exercise that includes the use of one (1) or more sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device; or (2) The right or privilege to use exercise equipment or facilities such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, including, but not limited to: (A) For-profit businesses, firms, corporations, organizations, clubs, or associations; (B) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes; (C) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate; (D) Any college or university fitness center; (E) Any country club; or (F) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months.

(1) Memberships in a program of physical exercise that includes the use of one (1) or more sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device; or

(2) The right or privilege to use exercise equipment or facilities such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, including, but not limited to: (A) For-profit businesses, firms, corporations, organizations, clubs, or associations; (B) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes; (C) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate; (D) Any college or university fitness center; (E) Any country club; or (F) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months.

(A) For-profit businesses, firms, corporations, organizations, clubs, or associations;

(B) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;

(C) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate;

(D) Any college or university fitness center;

(E) Any country club; or

(F) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months.

(b) (1) Each health spa shall have at least one (1) automated external defibrillator on the premises. (2) The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members, and guests. (3) At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty. (4) An unstaffed health spa shall have on the premises: (A) A telephone for 911 telephone call access; (B) An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member's health and safety; and (C) In plain view: (i) A sign indicating the location of the automated external defibrillator; and (ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.

(1) Each health spa shall have at least one (1) automated external defibrillator on the premises.

(2) The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members, and guests.

(3) At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty.

(4) An unstaffed health spa shall have on the premises: (A) A telephone for 911 telephone call access; (B) An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member's health and safety; and (C) In plain view: (i) A sign indicating the location of the automated external defibrillator; and (ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.

(A) A telephone for 911 telephone call access;

(B) An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member's health and safety; and

(C) In plain view: (i) A sign indicating the location of the automated external defibrillator; and (ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.

(i) A sign indicating the location of the automated external defibrillator; and

(ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.

(c) No cause of action against a health spa or its employees may arise in connection with the use or nonuse of an automated external defibrillator unless the health spa has: (1) Failed to purchase an automated external defibrillator as required under this section; or (2) Acted with gross negligence in the use of an automated external defibrillator.

(1) Failed to purchase an automated external defibrillator as required under this section; or

(2) Acted with gross negligence in the use of an automated external defibrillator.

(d) If a health spa does not comply with this section, any contract for health spa services shall be voidable at the option of the buyer.

Acts 2005, No. 1199, § 1; 2007, No. 827, § 158; 2007, No. 1606, § 1.
Ark. Code Ann. § 20-27-1304 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1304
Notice of blasting operations
Status: in_force

(a) (1) Any owner or operator and contractor conducting blasting operations in this state on July 1, 1995, shall notify the Director of the Department of Labor of each site or location on which blasting operations are conducted. (2) Such notice shall be filed with the Department of Labor no later than October 1, 1995. (b) Any owner or operator and contractor which, after July 1, 1995, begins blasting at a new site or location, or at a site on which no blasting has occurred for a period of six (6) consecutive months, shall notify the director of its operation at least twenty-four (24) hours in advance of the initial blast. (c) The notice required by subsections (a) and (b) of this section shall be on a form approved by the director and shall include, but not be limited to, the following information: (1) The name, address, and telephone number of the mine owner or operator; (2) The name, address, and telephone number of the operator or contractor performing the blast; (3) The location of the quarry site or open pit mine; and (4) The location where the records of the blasting operations are to be maintained. (d) All owners and operators and contractors shall notify the director in writing of any change of address or location. Acts 1995, No. 814, § 7.

(a) (1) Any owner or operator and contractor conducting blasting operations in this state on July 1, 1995, shall notify the Director of the Department of Labor of each site or location on which blasting operations are conducted. (2) Such notice shall be filed with the Department of Labor no later than October 1, 1995.

(1) Any owner or operator and contractor conducting blasting operations in this state on July 1, 1995, shall notify the Director of the Department of Labor of each site or location on which blasting operations are conducted.

(2) Such notice shall be filed with the Department of Labor no later than October 1, 1995.

(b) Any owner or operator and contractor which, after July 1, 1995, begins blasting at a new site or location, or at a site on which no blasting has occurred for a period of six (6) consecutive months, shall notify the director of its operation at least twenty-four (24) hours in advance of the initial blast.

(c) The notice required by subsections (a) and (b) of this section shall be on a form approved by the director and shall include, but not be limited to, the following information: (1) The name, address, and telephone number of the mine owner or operator; (2) The name, address, and telephone number of the operator or contractor performing the blast; (3) The location of the quarry site or open pit mine; and (4) The location where the records of the blasting operations are to be maintained.

(1) The name, address, and telephone number of the mine owner or operator;

(2) The name, address, and telephone number of the operator or contractor performing the blast;

(3) The location of the quarry site or open pit mine; and

(4) The location where the records of the blasting operations are to be maintained.

(d) All owners and operators and contractors shall notify the director in writing of any change of address or location.

Acts 1995, No. 814, § 7.
Ark. Code Ann. § 20-10-2005 — AR Code / Title 20 / Chapter 10 / Subchapter 20 / Section 20-10-2005
Existing unlicensed facilities
Status: in_force

(a) Assisted living facilities and residential care facilities that are unlicensed on April 13, 2005, shall have until March 15, 2006, in which to apply for an assisted living facility license or residential care facility license. (b) Any assisted living facility or residential care facility that fails to become licensed on or before October 15, 2007, shall be subject to the provisions of § 20-10-2007 . (c) (1) An assisted living facility or residential care facility shall be exempt from the state permit-of-approval process for purposes of this section if the facility obtains a license within the time provided in subsection (b) of this section. (2) After the time provided in subsection (b) of this section, the facility shall comply with the permit-of-approval process and methodology in all other respects. (d) The Department of Human Services shall report to the Health Services Permit Agency when a facility has been licensed without a state permit of approval under this section. (e) The agency shall take account of the new beds in its counting for need purposes under the permit-of-approval methodology. Amended by Act 2021, No. 1017,§ 23, eff. 7/28/2021. Acts 2005, No. 2191, § 10.

(a) Assisted living facilities and residential care facilities that are unlicensed on April 13, 2005, shall have until March 15, 2006, in which to apply for an assisted living facility license or residential care facility license.

(b) Any assisted living facility or residential care facility that fails to become licensed on or before October 15, 2007, shall be subject to the provisions of § 20-10-2007 .

(c) (1) An assisted living facility or residential care facility shall be exempt from the state permit-of-approval process for purposes of this section if the facility obtains a license within the time provided in subsection (b) of this section. (2) After the time provided in subsection (b) of this section, the facility shall comply with the permit-of-approval process and methodology in all other respects.

(1) An assisted living facility or residential care facility shall be exempt from the state permit-of-approval process for purposes of this section if the facility obtains a license within the time provided in subsection (b) of this section.

(2) After the time provided in subsection (b) of this section, the facility shall comply with the permit-of-approval process and methodology in all other respects.

(d) The Department of Human Services shall report to the Health Services Permit Agency when a facility has been licensed without a state permit of approval under this section.

(e) The agency shall take account of the new beds in its counting for need purposes under the permit-of-approval methodology.

Amended by Act 2021, No. 1017,§ 23, eff. 7/28/2021.

Acts 2005, No. 2191, § 10.
Ark. Code Ann. § 20-61-202 — AR Code / Title 20 / Chapter 61 / Subchapter 2 / Section 20-61-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Capable of use as human food" shall mean and shall apply to any catfish, catfish-like species, or part or product of catfish or a catfish-like species unless it is denatured or otherwise identified as required by rules prescribed by the Director of the Arkansas Bureau of Standards to deter its use as human food or unless it is naturally inedible by humans; (2) "Catfish" means any species of the scientific family Ictaluridae; (3) "Catfish-like" means any species of the scientific genus Pangasius, family Claridae, or family Siluridae; (4) "Direct retail sale" means the sale of catfish or catfish-like products individually or in small quantities directly to the consumer; (5) "Director" means the Director of the Arkansas Bureau of Standards; (6) "Distributor" means any person offering for sale, exchange, or barter any catfish or catfish-like product destined for direct retail sale in Arkansas; (7) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a catfish or catfish-like product is offered for direct retail sale; (8) "Labeling" means all labels and other written, printed, or graphic matter upon a catfish or catfish-like product, or any of its containers or wrappers, offered for direct retail sale; (9) "Pay pond" means a circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit; (10) "Person" shall include any individual, partnership, corporation, and association or other legal entity; (11) "Processor" means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish or catfish-like products; (12) "Producer" means any person engaged in the business of harvesting catfish or catfish-like species, by any method, intended for direct retail sale; (13) "Product" means any catfish or catfish-like product capable of use as human food which is made wholly or in part from any catfish, catfish-like species, or portion of catfish or catfish-like species, except products which contain catfish or catfish-like species only in small proportions or which in the judgment of the director historically have not been considered by consumers as products of the commercial catfish industry and which are exempted from definition as a catfish or catfish-like product by the director under such conditions as he or she may prescribe to assure that the catfish, catfish-like species, or portions of catfish or catfish-like species contained therein are not adulterated and that the products are not represented as catfish or catfish-like products; (14) "Product name" means the name of the catfish or catfish-like item intended for retail sale which identifies it as to kind, class, or specific use; and (15) "Retailer" means any person offering for sale catfish or catfish-like products to individual consumers and representing the last sale before human consumption. Amended by Act 2019, No. 315,§ 2221, eff. 7/24/2019. Amended by Act 2015, No. 1191,§ 1, eff. 1/1/2016. Acts 1975 (Extended Sess., 1976), No. 1209, § 3; A.S.A. 1947, § 82-989; reen. Acts 1987, No. 1005, § 3; 2003, No. 1024, §§ 2, 3.

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

(1) "Capable of use as human food" shall mean and shall apply to any catfish, catfish-like species, or part or product of catfish or a catfish-like species unless it is denatured or otherwise identified as required by rules prescribed by the Director of the Arkansas Bureau of Standards to deter its use as human food or unless it is naturally inedible by humans;

(2) "Catfish" means any species of the scientific family Ictaluridae;

(3) "Catfish-like" means any species of the scientific genus Pangasius, family Claridae, or family Siluridae;

(4) "Direct retail sale" means the sale of catfish or catfish-like products individually or in small quantities directly to the consumer;

(5) "Director" means the Director of the Arkansas Bureau of Standards;

(6) "Distributor" means any person offering for sale, exchange, or barter any catfish or catfish-like product destined for direct retail sale in Arkansas;

(7) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a catfish or catfish-like product is offered for direct retail sale;

(8) "Labeling" means all labels and other written, printed, or graphic matter upon a catfish or catfish-like product, or any of its containers or wrappers, offered for direct retail sale;

(9) "Pay pond" means a circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit;

(10) "Person" shall include any individual, partnership, corporation, and association or other legal entity;

(11) "Processor" means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish or catfish-like products;

(12) "Producer" means any person engaged in the business of harvesting catfish or catfish-like species, by any method, intended for direct retail sale;

(13) "Product" means any catfish or catfish-like product capable of use as human food which is made wholly or in part from any catfish, catfish-like species, or portion of catfish or catfish-like species, except products which contain catfish or catfish-like species only in small proportions or which in the judgment of the director historically have not been considered by consumers as products of the commercial catfish industry and which are exempted from definition as a catfish or catfish-like product by the director under such conditions as he or she may prescribe to assure that the catfish, catfish-like species, or portions of catfish or catfish-like species contained therein are not adulterated and that the products are not represented as catfish or catfish-like products;

(14) "Product name" means the name of the catfish or catfish-like item intended for retail sale which identifies it as to kind, class, or specific use; and

(15) "Retailer" means any person offering for sale catfish or catfish-like products to individual consumers and representing the last sale before human consumption.

Amended by Act 2019, No. 315,§ 2221, eff. 7/24/2019.

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

Acts 1975 (Extended Sess., 1976), No. 1209, § 3; A.S.A. 1947, § 82-989; reen. Acts 1987, No. 1005, § 3; 2003, No. 1024, §§ 2, 3.
Ark. Code Ann. § 20-77-150 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-150
Legislative findings - Supplemental reimbursement rates for preventive services for children - Definitions
Status: in_force

(a) The General Assembly finds that: (1) Prevention and early intervention in child health and well-being improves health outcomes and saves money in the long term; (2) A significant proportion of pediatric behavioral healthcare claims in Arkansas occur in primary care settings; (3) Through training and practice transformation, primary care healthcare teams can address preventive behavioral health and family needs through integrated care teams which include licensed mental health staff or non-licensed mental health staff, or both; and (4) The Mental Health and Behavioral Health Working Group in 2022 made a recommendation to incentivize medical homes, through supplemental reimbursement rates, to address prevention and early intervention through universal, team-based enhanced primary care services for children. (b) As used in this section: (1) "Actively participate in" means a physician practice has completed training to implement a team-based, evidence-based pediatric practice transformation model of care and is on track to achieve, or has achieved, model fidelity according to requirements established by an entity that utilizes data and outcomes; and (2) "Team-based, evidence-based pediatric practice transformation model of care" means a research-informed model of primary health care for children that has demonstrated improved physical health, behavioral health, developmental outcomes, and social outcomes for children and their families. (c) The Arkansas Medicaid Program shall: (1) Provide a supplemental reimbursement rate for physician practices enrolled in the patient-centered medical home program that currently and actively participate in a team-based, evidence-based pediatric practice transformation model of care; and (2) Collaborate with experts in pediatric health care to select the team-based, evidence-based pediatric practice transformation models of care most appropriate for use with the patient-centered medical home program. (d) The supplemental reimbursement rate described in subsection (c) of this section shall: (1) Supplement fee-for-service wellness visit rates in a child's medical home from birth until a child's fourth birthday; (2) Support the physician practices enrolled in the patient-centered medical home program to employ interdisciplinary staff required to implement the patient-centered medical home program; and (3) Be reviewed periodically in conjunction with future Medicaid rate reviews for physician services. (e) (1) A physician practice enrolled in the patient-centered medical home program shall work with an entity that utilizes data and outcomes to demonstrate adherence to a team-based, evidence-based pediatric practice transformation model of care focused on young children and families. (2) The Arkansas Medicaid Program shall keep on file a letter, updated annually, verifying that the physician practice enrolled in the patient-centered medical home program actively participates in a team-based, evidence-based pediatric practice transformation model of care. (f) On or before January 1, 2024, the Department of Human Services shall submit and apply for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement this section. Added by Act 2023, No. 513,§ 1, eff. 8/1/2023.

(a) The General Assembly finds that: (1) Prevention and early intervention in child health and well-being improves health outcomes and saves money in the long term; (2) A significant proportion of pediatric behavioral healthcare claims in Arkansas occur in primary care settings; (3) Through training and practice transformation, primary care healthcare teams can address preventive behavioral health and family needs through integrated care teams which include licensed mental health staff or non-licensed mental health staff, or both; and (4) The Mental Health and Behavioral Health Working Group in 2022 made a recommendation to incentivize medical homes, through supplemental reimbursement rates, to address prevention and early intervention through universal, team-based enhanced primary care services for children.

(1) Prevention and early intervention in child health and well-being improves health outcomes and saves money in the long term;

(2) A significant proportion of pediatric behavioral healthcare claims in Arkansas occur in primary care settings;

(3) Through training and practice transformation, primary care healthcare teams can address preventive behavioral health and family needs through integrated care teams which include licensed mental health staff or non-licensed mental health staff, or both; and

(4) The Mental Health and Behavioral Health Working Group in 2022 made a recommendation to incentivize medical homes, through supplemental reimbursement rates, to address prevention and early intervention through universal, team-based enhanced primary care services for children.

(b) As used in this section: (1) "Actively participate in" means a physician practice has completed training to implement a team-based, evidence-based pediatric practice transformation model of care and is on track to achieve, or has achieved, model fidelity according to requirements established by an entity that utilizes data and outcomes; and (2) "Team-based, evidence-based pediatric practice transformation model of care" means a research-informed model of primary health care for children that has demonstrated improved physical health, behavioral health, developmental outcomes, and social outcomes for children and their families.

(1) "Actively participate in" means a physician practice has completed training to implement a team-based, evidence-based pediatric practice transformation model of care and is on track to achieve, or has achieved, model fidelity according to requirements established by an entity that utilizes data and outcomes; and

(2) "Team-based, evidence-based pediatric practice transformation model of care" means a research-informed model of primary health care for children that has demonstrated improved physical health, behavioral health, developmental outcomes, and social outcomes for children and their families.

(c) The Arkansas Medicaid Program shall: (1) Provide a supplemental reimbursement rate for physician practices enrolled in the patient-centered medical home program that currently and actively participate in a team-based, evidence-based pediatric practice transformation model of care; and (2) Collaborate with experts in pediatric health care to select the team-based, evidence-based pediatric practice transformation models of care most appropriate for use with the patient-centered medical home program.

(1) Provide a supplemental reimbursement rate for physician practices enrolled in the patient-centered medical home program that currently and actively participate in a team-based, evidence-based pediatric practice transformation model of care; and

(2) Collaborate with experts in pediatric health care to select the team-based, evidence-based pediatric practice transformation models of care most appropriate for use with the patient-centered medical home program.

(d) The supplemental reimbursement rate described in subsection (c) of this section shall: (1) Supplement fee-for-service wellness visit rates in a child's medical home from birth until a child's fourth birthday; (2) Support the physician practices enrolled in the patient-centered medical home program to employ interdisciplinary staff required to implement the patient-centered medical home program; and (3) Be reviewed periodically in conjunction with future Medicaid rate reviews for physician services.

(1) Supplement fee-for-service wellness visit rates in a child's medical home from birth until a child's fourth birthday;

(2) Support the physician practices enrolled in the patient-centered medical home program to employ interdisciplinary staff required to implement the patient-centered medical home program; and

(3) Be reviewed periodically in conjunction with future Medicaid rate reviews for physician services.

(e) (1) A physician practice enrolled in the patient-centered medical home program shall work with an entity that utilizes data and outcomes to demonstrate adherence to a team-based, evidence-based pediatric practice transformation model of care focused on young children and families. (2) The Arkansas Medicaid Program shall keep on file a letter, updated annually, verifying that the physician practice enrolled in the patient-centered medical home program actively participates in a team-based, evidence-based pediatric practice transformation model of care.

(1) A physician practice enrolled in the patient-centered medical home program shall work with an entity that utilizes data and outcomes to demonstrate adherence to a team-based, evidence-based pediatric practice transformation model of care focused on young children and families.

(2) The Arkansas Medicaid Program shall keep on file a letter, updated annually, verifying that the physician practice enrolled in the patient-centered medical home program actively participates in a team-based, evidence-based pediatric practice transformation model of care.

(f) On or before January 1, 2024, the Department of Human Services shall submit and apply for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement this section.

Added by Act 2023, No. 513,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-17-201 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-201
Definitions
Status: in_force

As used in this subchapter: (1) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient; (2) (A) "Declaration" means a writing executed in accordance with the requirements of § 20-17-202(a) . (B) "Declaration" is an advance directive under § 20-6-102 ; (3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession; (4) "Healthcare proxy" is a person eighteen (18) years old or older appointed by the patient as attorney-in-fact to make healthcare decisions including the withholding or withdrawal of life-sustaining treatment if a qualified patient, in the opinion of the attending physician, is permanently unconscious, incompetent, or otherwise mentally or physically incapable of communication; (5) "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a condition of permanent unconsciousness; (6) "Permanently unconscious" means a lasting condition, indefinitely without change in which thought, feeling, sensations, and awareness of self and environment are absent; (7) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity; (8) "Physician" means an individual licensed to practice medicine in this state; (9) "Qualified patient" means a patient eighteen (18) or more years of age who has executed a declaration or appointed a healthcare proxy and who has been determined to be in a terminal condition or in a permanently unconscious state by the attending physician and another qualified physician who has examined the patient; (10) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and (11) "Terminal condition" means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time. Amended by Act 2017, No. 974,§ 4, eff. 8/1/2017. Acts 1987, No. 713, § 1; 1999, No. 1536, § 1.

As used in this subchapter:

(1) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient;

(2) (A) "Declaration" means a writing executed in accordance with the requirements of § 20-17-202(a) . (B) "Declaration" is an advance directive under § 20-6-102 ;

(A) "Declaration" means a writing executed in accordance with the requirements of § 20-17-202(a) .

(B) "Declaration" is an advance directive under § 20-6-102 ;

(3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession;

(4) "Healthcare proxy" is a person eighteen (18) years old or older appointed by the patient as attorney-in-fact to make healthcare decisions including the withholding or withdrawal of life-sustaining treatment if a qualified patient, in the opinion of the attending physician, is permanently unconscious, incompetent, or otherwise mentally or physically incapable of communication;

(5) "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a condition of permanent unconsciousness;

(6) "Permanently unconscious" means a lasting condition, indefinitely without change in which thought, feeling, sensations, and awareness of self and environment are absent;

(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;

(8) "Physician" means an individual licensed to practice medicine in this state;

(9) "Qualified patient" means a patient eighteen (18) or more years of age who has executed a declaration or appointed a healthcare proxy and who has been determined to be in a terminal condition or in a permanently unconscious state by the attending physician and another qualified physician who has examined the patient;

(10) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and

(11) "Terminal condition" means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.

Amended by Act 2017, No. 974,§ 4, eff. 8/1/2017.

Acts 1987, No. 713, § 1; 1999, No. 1536, § 1.
Ark. Code Ann. § 20-16-210 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-210
Intergovernmental agreements
Status: in_force

The Arkansas Reproductive Health Monitoring System shall have the power to enter into agreements with other states and the Centers for Disease Control and Prevention consistent with the requirements and restrictions of this subchapter in order to obtain relevant information for the system concerning Arkansas residents who receive health-related services outside the state. Amended by Act 2015, No. 1062,§ 6, eff. 7/22/2015. Acts 1985, No. 214, § 10; A.S.A. 1947, § 82-4617.

The Arkansas Reproductive Health Monitoring System shall have the power to enter into agreements with other states and the Centers for Disease Control and Prevention consistent with the requirements and restrictions of this subchapter in order to obtain relevant information for the system concerning Arkansas residents who receive health-related services outside the state.

Amended by Act 2015, No. 1062,§ 6, eff. 7/22/2015.

Acts 1985, No. 214, § 10; A.S.A. 1947, § 82-4617.
Ark. Code Ann. § 20-7-143 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-143
Expired
Status: repealed

Added by Act 2021, No. 977,§ 1, eff. 4/28/2021.
Ark. Code Ann. § 20-15-302 — AR Code / Title 20 / Chapter 15 / Subchapter 3 / Section 20-15-302
Testing of newborn infants
Status: in_force

(a) (1) (A) There is created an advance universal newborn screening program to be administered by the Department of Health. (B) (i) All newborn infants shall be tested for core medical conditions as listed in the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services, in order to provide appropriate newborn screening guidelines to protect the health and welfare of newborns. (ii) For each core medical condition added to the list in the recommended uniform screening panel by the United States Secretary of Health and Human Services, the Department of Health or its designee, in accordance with § 20-15-304 , shall begin testing for the newly added core medical conditions upon approval of the appropriation of funding by the General Assembly or funding under § 20-15-304 , if required, or within thirty-six (36) months upon introduction to the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services. (2) (A) Medicaid shall reimburse the hospital that performs the tests required under subdivision (a)(1) of this section for the cost of the tests. (B) The reimbursement shall be in addition to the hospital's per diem payments for the newborn infant. (b) All positive test results shall be sent immediately to the Department of Health. (c) (1) The Department of Health shall establish and maintain a program of reviewing and following up on positive cases so that measures may be taken to support early diagnosis, treatment, and services for healthy development and prevent disability or morbidity. (2) (A) Information on newborn infants and their families compiled under this section may be used by the Department of Health and persons or public or private entities designated by the Department of Health. (B) Information used under subdivision (c)(2)(A) of this section may not refer to or disclose the identity of any person. (3) All materials, data, and information received by the Department of Health are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq. (d) (1) The Department of Health shall conduct an intensive educational and training program among physicians, hospitals, public health nurses, and the public concerning the conditions. (2) The program shall include information concerning: (A) The nature of the conditions; (B) Testing for the detection of these conditions; and (C) Treatment modalities for these conditions. (e) The provisions of this section shall not apply if the parents or legal guardian of a newborn infant object to the testing on medical, religious, or philosophical grounds. Amended by Act 2023, No. 490,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 1035,§ 13, eff. 7/24/2019. Amended by Act 2019, No. 58,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 428,§ 1, eff. 8/16/2013. Acts 1967, No. 192, § 1; 1981, No. 481, § 1; A.S.A. 1947, § 82-625; Acts 1987, No. 573, § 1; 1995, No. 113, § 1; 2003, No. 1293, § 1; 2005, No. 1931, § 1. Act 2023, No. 490 provides this act shall be known and may be cited as the "Universal Newborn Screening Act".

(a) (1) (A) There is created an advance universal newborn screening program to be administered by the Department of Health. (B) (i) All newborn infants shall be tested for core medical conditions as listed in the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services, in order to provide appropriate newborn screening guidelines to protect the health and welfare of newborns. (ii) For each core medical condition added to the list in the recommended uniform screening panel by the United States Secretary of Health and Human Services, the Department of Health or its designee, in accordance with § 20-15-304 , shall begin testing for the newly added core medical conditions upon approval of the appropriation of funding by the General Assembly or funding under § 20-15-304 , if required, or within thirty-six (36) months upon introduction to the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services. (2) (A) Medicaid shall reimburse the hospital that performs the tests required under subdivision (a)(1) of this section for the cost of the tests. (B) The reimbursement shall be in addition to the hospital's per diem payments for the newborn infant.

(1) (A) There is created an advance universal newborn screening program to be administered by the Department of Health. (B) (i) All newborn infants shall be tested for core medical conditions as listed in the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services, in order to provide appropriate newborn screening guidelines to protect the health and welfare of newborns. (ii) For each core medical condition added to the list in the recommended uniform screening panel by the United States Secretary of Health and Human Services, the Department of Health or its designee, in accordance with § 20-15-304 , shall begin testing for the newly added core medical conditions upon approval of the appropriation of funding by the General Assembly or funding under § 20-15-304 , if required, or within thirty-six (36) months upon introduction to the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services.

(A) There is created an advance universal newborn screening program to be administered by the Department of Health.

(B) (i) All newborn infants shall be tested for core medical conditions as listed in the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services, in order to provide appropriate newborn screening guidelines to protect the health and welfare of newborns. (ii) For each core medical condition added to the list in the recommended uniform screening panel by the United States Secretary of Health and Human Services, the Department of Health or its designee, in accordance with § 20-15-304 , shall begin testing for the newly added core medical conditions upon approval of the appropriation of funding by the General Assembly or funding under § 20-15-304 , if required, or within thirty-six (36) months upon introduction to the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services.

(i) All newborn infants shall be tested for core medical conditions as listed in the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services, in order to provide appropriate newborn screening guidelines to protect the health and welfare of newborns.

(ii) For each core medical condition added to the list in the recommended uniform screening panel by the United States Secretary of Health and Human Services, the Department of Health or its designee, in accordance with § 20-15-304 , shall begin testing for the newly added core medical conditions upon approval of the appropriation of funding by the General Assembly or funding under § 20-15-304 , if required, or within thirty-six (36) months upon introduction to the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services.

(2) (A) Medicaid shall reimburse the hospital that performs the tests required under subdivision (a)(1) of this section for the cost of the tests. (B) The reimbursement shall be in addition to the hospital's per diem payments for the newborn infant.

(A) Medicaid shall reimburse the hospital that performs the tests required under subdivision (a)(1) of this section for the cost of the tests.

(B) The reimbursement shall be in addition to the hospital's per diem payments for the newborn infant.

(b) All positive test results shall be sent immediately to the Department of Health.

(c) (1) The Department of Health shall establish and maintain a program of reviewing and following up on positive cases so that measures may be taken to support early diagnosis, treatment, and services for healthy development and prevent disability or morbidity. (2) (A) Information on newborn infants and their families compiled under this section may be used by the Department of Health and persons or public or private entities designated by the Department of Health. (B) Information used under subdivision (c)(2)(A) of this section may not refer to or disclose the identity of any person. (3) All materials, data, and information received by the Department of Health are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) The Department of Health shall establish and maintain a program of reviewing and following up on positive cases so that measures may be taken to support early diagnosis, treatment, and services for healthy development and prevent disability or morbidity.

(2) (A) Information on newborn infants and their families compiled under this section may be used by the Department of Health and persons or public or private entities designated by the Department of Health. (B) Information used under subdivision (c)(2)(A) of this section may not refer to or disclose the identity of any person.

(A) Information on newborn infants and their families compiled under this section may be used by the Department of Health and persons or public or private entities designated by the Department of Health.

(B) Information used under subdivision (c)(2)(A) of this section may not refer to or disclose the identity of any person.

(3) All materials, data, and information received by the Department of Health are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(d) (1) The Department of Health shall conduct an intensive educational and training program among physicians, hospitals, public health nurses, and the public concerning the conditions. (2) The program shall include information concerning: (A) The nature of the conditions; (B) Testing for the detection of these conditions; and (C) Treatment modalities for these conditions.

(1) The Department of Health shall conduct an intensive educational and training program among physicians, hospitals, public health nurses, and the public concerning the conditions.

(2) The program shall include information concerning: (A) The nature of the conditions; (B) Testing for the detection of these conditions; and (C) Treatment modalities for these conditions.

(A) The nature of the conditions;

(B) Testing for the detection of these conditions; and

(C) Treatment modalities for these conditions.

(e) The provisions of this section shall not apply if the parents or legal guardian of a newborn infant object to the testing on medical, religious, or philosophical grounds.

Amended by Act 2023, No. 490,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 1035,§ 13, eff. 7/24/2019.

Amended by Act 2019, No. 58,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 428,§ 1, eff. 8/16/2013.

Acts 1967, No. 192, § 1; 1981, No. 481, § 1; A.S.A. 1947, § 82-625; Acts 1987, No. 573, § 1; 1995, No. 113, § 1; 2003, No. 1293, § 1; 2005, No. 1931, § 1.

Act 2023, No. 490 provides this act shall be known and may be cited as the "Universal Newborn Screening Act".
Ark. Code Ann. § 20-20-217 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-217
Inspection and licensing of equipment
Status: in_force

(a) The State Plant Board may inspect any equipment used or intended to be used for application of pesticides and may require repairs or other changes before its further use for pesticide application. (b) Requirements for equipment may be adopted by rule. (c) Equipment specified by rule shall be identified by a decal or similar marking furnished by the board. The decal or marking shall be affixed in a location and manner upon the equipment as prescribed by the board. (d) Fees for the decal or similar marking shall be prescribed by the board in its rules. Amended by Act 2019, No. 315,§ 1995, eff. 7/24/2019. Acts 1975, No. 389, § 8; A.S.A. 1947, § 77-258.

(a) The State Plant Board may inspect any equipment used or intended to be used for application of pesticides and may require repairs or other changes before its further use for pesticide application.

(b) Requirements for equipment may be adopted by rule.

(c) Equipment specified by rule shall be identified by a decal or similar marking furnished by the board. The decal or marking shall be affixed in a location and manner upon the equipment as prescribed by the board.

(d) Fees for the decal or similar marking shall be prescribed by the board in its rules.

Amended by Act 2019, No. 315,§ 1995, eff. 7/24/2019.

Acts 1975, No. 389, § 8; A.S.A. 1947, § 77-258.
Ark. Code Ann. § 20-7-104 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-104
Members - Compensation
Status: in_force

All appointed members of the State Board of Health may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1913, No. 96, § 27; C. & M. Dig., § 5142; Pope's Dig., § 6413; Acts 1955, No. 82, § 1; 1975, No. 383, § 1; A.S.A. 1947, § 82-105; Acts 1997, No. 250, § 178; 2005, No. 1954, § 5.

All appointed members of the State Board of Health may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Acts 1913, No. 96, § 27; C. & M. Dig., § 5142; Pope's Dig., § 6413; Acts 1955, No. 82, § 1; 1975, No. 383, § 1; A.S.A. 1947, § 82-105; Acts 1997, No. 250, § 178; 2005, No. 1954, § 5.
Ark. Code Ann. § 20-64-307 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-307
Seizure and forfeiture of contraband - Generally
Status: in_force

The following are declared to be contraband and shall be seized and forfeited without warrant by an authorized agent of the State Board of Health whenever he or she has reasonable grounds to believe they are: (1) A depressant or stimulant drug with respect to which a prohibited act within the meaning of § 20-64-306 has occurred; (2) A drug that is a counterfeit; (3) A container of a depressant or stimulant drug or of a counterfeit drug; (4) Equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of § 20-64-306 has occurred; and (5) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs. Acts 1967, No. 492, § 5; A.S.A. 1947, § 82-2105.

The following are declared to be contraband and shall be seized and forfeited without warrant by an authorized agent of the State Board of Health whenever he or she has reasonable grounds to believe they are:

(1) A depressant or stimulant drug with respect to which a prohibited act within the meaning of § 20-64-306 has occurred;

(2) A drug that is a counterfeit;

(3) A container of a depressant or stimulant drug or of a counterfeit drug;

(4) Equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of § 20-64-306 has occurred; and

(5) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs.

Acts 1967, No. 492, § 5; A.S.A. 1947, § 82-2105.
Ark. Code Ann. § 20-26-301 — AR Code / Title 20 / Chapter 26 / Subchapter 3 / Section 20-26-301
Duty of guest
Status: in_force

It shall be the duty of every guest and of everyone intending to be a guest of any hotel in this state, upon delivering to the proprietor of the hotel, or to his or her servants, any baggage or other articles of property of the guest for safekeeping elsewhere than to the room assigned to the guest to demand, and of the hotel proprietor to give, a check or receipt therefor, to evidence the fact of the delivery. Acts 1913, No. 217, § 2a; C. & M. Dig., § 5566; Pope's Dig., § 7204; A.S.A. 1947, § 71-1109.

It shall be the duty of every guest and of everyone intending to be a guest of any hotel in this state, upon delivering to the proprietor of the hotel, or to his or her servants, any baggage or other articles of property of the guest for safekeeping elsewhere than to the room assigned to the guest to demand, and of the hotel proprietor to give, a check or receipt therefor, to evidence the fact of the delivery.

Acts 1913, No. 217, § 2a; C. & M. Dig., § 5566; Pope's Dig., § 7204; A.S.A. 1947, § 71-1109.
Ark. Code Ann. § 20-22-706 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-706
License required - Penalty
Status: in_force

(a) No person shall do any act for which a license or permit is required by this subchapter or by local authorities acting pursuant to this subchapter unless he or she holds the proper federal, state, and local license and, if applicable, a permit. (b) Whoever violates subsection (a) of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be prohibited from applying for a license or a permit for up to five (5) years. Acts 1961, No. 224, § 10; A.S.A. 1947, § 82-1710; Acts 2005, No. 1994, § 122; 2005, No. 2204, § 3.

(a) No person shall do any act for which a license or permit is required by this subchapter or by local authorities acting pursuant to this subchapter unless he or she holds the proper federal, state, and local license and, if applicable, a permit.

(b) Whoever violates subsection (a) of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be prohibited from applying for a license or a permit for up to five (5) years.

Acts 1961, No. 224, § 10; A.S.A. 1947, § 82-1710; Acts 2005, No. 1994, § 122; 2005, No. 2204, § 3.
Ark. Code Ann. § 20-64-1101 — AR Code / Title 20 / Chapter 64 / Subchapter 11 / Section 20-64-1101
[Repealed]
Status: repealed

Repealed by Act 2019, No. 389,§ 73, eff. 7/24/2019. Amended by Act 2016EX3, No. 3,§ 46, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 46, eff. 5/23/2016. Acts 2007, No. 629, § 1.

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

Amended by Act 2016EX3, No. 3,§ 46, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 46, eff. 5/23/2016.

Acts 2007, No. 629, § 1.
Ark. Code Ann. § 20-10-405 — AR Code / Title 20 / Chapter 10 / Subchapter 4 / Section 20-10-405
Renewal
Status: in_force

(a) Every active nursing home administrator's license shall be renewed on or before July 1 of each year by paying a fee of one hundred dollars ($100) to the Office of Long-Term Care and by furnishing written documentation that the licensee has attended and accumulated a specific number of continuing education clock hours as established by the office. (b) The fee for those nursing home administrators not actively employed by a nursing home facility as an administrator shall be fifty dollars ($50.00), payable on or before July 1 of each year. (c) If the annual licensure fee in full along with the renewal application and satisfactory documentation of compliance with continuing education requirements is not postmarked or received by the office on or before July 1, the licensee shall be ineligible to perform the duties of nursing home administrator, and the license shall be deemed suspended effective July 2. (d) No request for renewal postmarked or received by the office after July 1 shall be considered unless, in addition to other requirements imposed by law or rule, the licensee tenders a late charge in the amount of fifty dollars ($50.00). (e) Any license not renewed on or before September 1 shall expire effective September 2. Amended by Act 2019, No. 315,§ 1877, eff. 7/24/2019. Acts 1969, No. 58, § 6; 1975, No. 119, § 5; 1985, No. 884, § 5; 1985, No. 968, § 5; A.S.A. 1947, §§ 82-2206, 82-2235; Acts 1987, No. 320, §§ 1, 2; 1995, No. 469, § 1.

(a) Every active nursing home administrator's license shall be renewed on or before July 1 of each year by paying a fee of one hundred dollars ($100) to the Office of Long-Term Care and by furnishing written documentation that the licensee has attended and accumulated a specific number of continuing education clock hours as established by the office.

(b) The fee for those nursing home administrators not actively employed by a nursing home facility as an administrator shall be fifty dollars ($50.00), payable on or before July 1 of each year.

(c) If the annual licensure fee in full along with the renewal application and satisfactory documentation of compliance with continuing education requirements is not postmarked or received by the office on or before July 1, the licensee shall be ineligible to perform the duties of nursing home administrator, and the license shall be deemed suspended effective July 2.

(d) No request for renewal postmarked or received by the office after July 1 shall be considered unless, in addition to other requirements imposed by law or rule, the licensee tenders a late charge in the amount of fifty dollars ($50.00).

(e) Any license not renewed on or before September 1 shall expire effective September 2.

Amended by Act 2019, No. 315,§ 1877, eff. 7/24/2019.

Acts 1969, No. 58, § 6; 1975, No. 119, § 5; 1985, No. 884, § 5; 1985, No. 968, § 5; A.S.A. 1947, §§ 82-2206, 82-2235; Acts 1987, No. 320, §§ 1, 2; 1995, No. 469, § 1.
Ark. Code Ann. § 20-13-209 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-209
Department of Health - Powers and duties
Status: in_force

The Department of Health shall have the responsibility and authority to: (1) Administer this subchapter; (2) Enforce the rules and standards promulgated by the State Board of Health for the administration and enforcement of this subchapter; (3) Employ and prescribe the duties of employees as may be necessary to administer this subchapter; (4) Certify emergency medical services personnel through use of a national competency examination by qualified examiners upon the completion of required curriculum; (5) Issue and renew operational permits for each ambulance or advanced life support rescue or air ambulance service. However, no permit shall be issued unless each ambulance, advanced life support rescue unit, or air ambulance, when in use as such, conforms with the standards, requirements, and rules as set forth by the board; (6) (A) Issue initial and renewal licenses to any qualified applicant that provides emergency medical services or advanced life support rescue services, whether the applicant is an individual, partnership, corporation, or other legal entity, as well as a municipality or other unit of government. (B) After July 24, 2019, an applicant seeking initial licensure or renewal of licensure shall be certified by the National Registry of Emergency Medical Technicians for the particular emergency medical services personnel license that the applicant is applying for on the state level. (C) An individual who is licensed as emergency medical services personnel before July 24, 2019, is not required to be certified by the National Registry of Emergency Medical Technicians to renew a license if he or she has never been certified by the National Registry of Emergency Medical Technicians or is not eligible for reinstatement of certification by the National Registry of Emergency Medical Technicians; (7) Assist area health planning in the establishment and operation of local, municipal, county, or district emergency medical services; (8) In addition to collecting fees pursuant to § 20-13-211 , accept public and private gifts, grants, and donations for the purpose of administering this subchapter; and (9) Engage in the development of dispatching capabilities for emergency ambulance services in this state. The emergency medical services provider shall make a reasonable effort to see that a patient is taken to a physician or hospital of the patient's choice, if within a reasonable distance. Amended by Act 2019, No. 315,§ 1922, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1921, eff. 7/24/2019. Amended by Act 2019, No. 958,§ 1, eff. 7/24/2019. Acts 1975, No. 435, §§ 6-8; 1981, No. 293, § 4; 1985, No. 1001, §§ 4, 5; A.S.A. 1947, §§ 82-3406 -- 82-3408; Acts 1987, No. 345, § 3.

The Department of Health shall have the responsibility and authority to:

(1) Administer this subchapter;

(2) Enforce the rules and standards promulgated by the State Board of Health for the administration and enforcement of this subchapter;

(3) Employ and prescribe the duties of employees as may be necessary to administer this subchapter;

(4) Certify emergency medical services personnel through use of a national competency examination by qualified examiners upon the completion of required curriculum;

(5) Issue and renew operational permits for each ambulance or advanced life support rescue or air ambulance service. However, no permit shall be issued unless each ambulance, advanced life support rescue unit, or air ambulance, when in use as such, conforms with the standards, requirements, and rules as set forth by the board;

(6) (A) Issue initial and renewal licenses to any qualified applicant that provides emergency medical services or advanced life support rescue services, whether the applicant is an individual, partnership, corporation, or other legal entity, as well as a municipality or other unit of government. (B) After July 24, 2019, an applicant seeking initial licensure or renewal of licensure shall be certified by the National Registry of Emergency Medical Technicians for the particular emergency medical services personnel license that the applicant is applying for on the state level. (C) An individual who is licensed as emergency medical services personnel before July 24, 2019, is not required to be certified by the National Registry of Emergency Medical Technicians to renew a license if he or she has never been certified by the National Registry of Emergency Medical Technicians or is not eligible for reinstatement of certification by the National Registry of Emergency Medical Technicians;

(A) Issue initial and renewal licenses to any qualified applicant that provides emergency medical services or advanced life support rescue services, whether the applicant is an individual, partnership, corporation, or other legal entity, as well as a municipality or other unit of government.

(B) After July 24, 2019, an applicant seeking initial licensure or renewal of licensure shall be certified by the National Registry of Emergency Medical Technicians for the particular emergency medical services personnel license that the applicant is applying for on the state level.

(C) An individual who is licensed as emergency medical services personnel before July 24, 2019, is not required to be certified by the National Registry of Emergency Medical Technicians to renew a license if he or she has never been certified by the National Registry of Emergency Medical Technicians or is not eligible for reinstatement of certification by the National Registry of Emergency Medical Technicians;

(7) Assist area health planning in the establishment and operation of local, municipal, county, or district emergency medical services;

(8) In addition to collecting fees pursuant to § 20-13-211 , accept public and private gifts, grants, and donations for the purpose of administering this subchapter; and

(9) Engage in the development of dispatching capabilities for emergency ambulance services in this state. The emergency medical services provider shall make a reasonable effort to see that a patient is taken to a physician or hospital of the patient's choice, if within a reasonable distance.

Amended by Act 2019, No. 315,§ 1922, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1921, eff. 7/24/2019.

Amended by Act 2019, No. 958,§ 1, eff. 7/24/2019.

Acts 1975, No. 435, §§ 6-8; 1981, No. 293, § 4; 1985, No. 1001, §§ 4, 5; A.S.A. 1947, §§ 82-3406 -- 82-3408; Acts 1987, No. 345, § 3.
Ark. Code Ann. § 20-80-401 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-401
Title
Status: in_force

This subchapter shall be known as the "Commissioner of State Lands Urban Homestead Act". Acts 1993, No. 1009, § 1.

This subchapter shall be known as the "Commissioner of State Lands Urban Homestead Act".

Acts 1993, No. 1009, § 1.
Ark. Code Ann. § 20-20-211 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-211
Licenses - Private applicators
Status: in_force

(a) In General. (1) No private applicator shall use or supervise the use of any restricted-use pesticide without a private applicator's license issued by the State Plant Board, with the license being conditioned on the applicator's complying with the certification requirements determined by the board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons for the pesticide use. (2) Application for a license shall be made in writing on a designated form obtained from the board and shall contain the name and address of the applicant, the kind of agricultural commodity to be produced, information regarding the applicant's qualifications and proposed operations, and any other necessary information prescribed by the board. (b) Certification Standards. Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or types of pesticides the private applicator is to be certified to use shall be relative to hazards involved. In determining these standards, the board shall take into consideration the standards of the United States Environmental Protection Agency and is authorized to adopt these standards by rule. (c) License Issuance. (1) If the board finds the applicant competent and if the applicant has paid a minimum application fee of ten dollars ($10.00) for a one-year license or forty-five dollars ($45.00) for a five-year license, the board shall issue a private applicator's license limited to the operation described in the application. (2) The board shall issue licenses for periods of one (1) year or five (5) years at the option of the applicator. Each license shall expire one (1) year or five (5) years from the issue date of the license, whichever is applicable, unless it has been suspended or revoked for cause prior thereto by the board. In order to support the program, the board shall phase in the private applicator's license renewals at the end of the 2001 license period in such a way as to ensure that the program funding is equally distributed over the licensing period. (3) A license shall be invalidated automatically if a private applicator is at any time or for any reason left without an individual determined to be competent under subsection (b) of this section. (4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor. (5) Private applicators shall be subject to recourse by any person damaged as a result of the application of any pesticide by the applicator. (6) The violation of any of the provisions of this subchapter by any private applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and this negligence shall be imputable as provided by existing law. Amended by Act 2019, No. 315,§ 1991, eff. 7/24/2019. Acts 1975, No. 389, § 11; A.S.A. 1947, § 77-261; Acts 2001, No. 242, § 1.

(a) In General. (1) No private applicator shall use or supervise the use of any restricted-use pesticide without a private applicator's license issued by the State Plant Board, with the license being conditioned on the applicator's complying with the certification requirements determined by the board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons for the pesticide use. (2) Application for a license shall be made in writing on a designated form obtained from the board and shall contain the name and address of the applicant, the kind of agricultural commodity to be produced, information regarding the applicant's qualifications and proposed operations, and any other necessary information prescribed by the board.

(1) No private applicator shall use or supervise the use of any restricted-use pesticide without a private applicator's license issued by the State Plant Board, with the license being conditioned on the applicator's complying with the certification requirements determined by the board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons for the pesticide use.

(2) Application for a license shall be made in writing on a designated form obtained from the board and shall contain the name and address of the applicant, the kind of agricultural commodity to be produced, information regarding the applicant's qualifications and proposed operations, and any other necessary information prescribed by the board.

(b) Certification Standards. Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or types of pesticides the private applicator is to be certified to use shall be relative to hazards involved. In determining these standards, the board shall take into consideration the standards of the United States Environmental Protection Agency and is authorized to adopt these standards by rule.

(c) License Issuance. (1) If the board finds the applicant competent and if the applicant has paid a minimum application fee of ten dollars ($10.00) for a one-year license or forty-five dollars ($45.00) for a five-year license, the board shall issue a private applicator's license limited to the operation described in the application. (2) The board shall issue licenses for periods of one (1) year or five (5) years at the option of the applicator. Each license shall expire one (1) year or five (5) years from the issue date of the license, whichever is applicable, unless it has been suspended or revoked for cause prior thereto by the board. In order to support the program, the board shall phase in the private applicator's license renewals at the end of the 2001 license period in such a way as to ensure that the program funding is equally distributed over the licensing period. (3) A license shall be invalidated automatically if a private applicator is at any time or for any reason left without an individual determined to be competent under subsection (b) of this section. (4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor. (5) Private applicators shall be subject to recourse by any person damaged as a result of the application of any pesticide by the applicator. (6) The violation of any of the provisions of this subchapter by any private applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and this negligence shall be imputable as provided by existing law.

(1) If the board finds the applicant competent and if the applicant has paid a minimum application fee of ten dollars ($10.00) for a one-year license or forty-five dollars ($45.00) for a five-year license, the board shall issue a private applicator's license limited to the operation described in the application.

(2) The board shall issue licenses for periods of one (1) year or five (5) years at the option of the applicator. Each license shall expire one (1) year or five (5) years from the issue date of the license, whichever is applicable, unless it has been suspended or revoked for cause prior thereto by the board. In order to support the program, the board shall phase in the private applicator's license renewals at the end of the 2001 license period in such a way as to ensure that the program funding is equally distributed over the licensing period.

(3) A license shall be invalidated automatically if a private applicator is at any time or for any reason left without an individual determined to be competent under subsection (b) of this section.

(4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor.

(5) Private applicators shall be subject to recourse by any person damaged as a result of the application of any pesticide by the applicator.

(6) The violation of any of the provisions of this subchapter by any private applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and this negligence shall be imputable as provided by existing law.

Amended by Act 2019, No. 315,§ 1991, eff. 7/24/2019.

Acts 1975, No. 389, § 11; A.S.A. 1947, § 77-261; Acts 2001, No. 242, § 1.
Ark. Code Ann. § 20-57-505 — AR Code / Title 20 / Chapter 57 / Subchapter 5 / Section 20-57-505
Disclosures
Status: in_force

(a) The following information shall be provided to the informed end consumer as described in subsection (b) of this section: (1) The date that the homemade food or drink product was manufactured, produced, or processed; (2) The name, address, and telephone number of the producer of the homemade food or drink product, or an identification number provided by the Department of Agriculture if requested by the producer to protect the producer's safety; (3) The common or usual name of the homemade food or drink product; (4) The ingredients of the homemade food or drink product in descending order of predominance; and (5) The following statement: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens." (b) The information required under subsection (a) of this section shall be provided on: (1) A label affixed to the: (A) Package if the homemade food or drink product is packaged; or (B) Container and a separate written document provided to the informed end consumer upon sale if the homemade food or drink product is offered for sale from a bulk container; (2) A placard displayed at the point of sale if the homemade food or drink product is not packaged or offered for sale from a bulk container; or (3) The website on which the homemade food or drink product is offered for sale if the product is offered for sale online. Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.

(a) The following information shall be provided to the informed end consumer as described in subsection (b) of this section: (1) The date that the homemade food or drink product was manufactured, produced, or processed; (2) The name, address, and telephone number of the producer of the homemade food or drink product, or an identification number provided by the Department of Agriculture if requested by the producer to protect the producer's safety; (3) The common or usual name of the homemade food or drink product; (4) The ingredients of the homemade food or drink product in descending order of predominance; and (5) The following statement: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."

(1) The date that the homemade food or drink product was manufactured, produced, or processed;

(2) The name, address, and telephone number of the producer of the homemade food or drink product, or an identification number provided by the Department of Agriculture if requested by the producer to protect the producer's safety;

(3) The common or usual name of the homemade food or drink product;

(4) The ingredients of the homemade food or drink product in descending order of predominance; and

(5) The following statement: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."

(b) The information required under subsection (a) of this section shall be provided on: (1) A label affixed to the: (A) Package if the homemade food or drink product is packaged; or (B) Container and a separate written document provided to the informed end consumer upon sale if the homemade food or drink product is offered for sale from a bulk container; (2) A placard displayed at the point of sale if the homemade food or drink product is not packaged or offered for sale from a bulk container; or (3) The website on which the homemade food or drink product is offered for sale if the product is offered for sale online.

(1) A label affixed to the: (A) Package if the homemade food or drink product is packaged; or (B) Container and a separate written document provided to the informed end consumer upon sale if the homemade food or drink product is offered for sale from a bulk container;

(A) Package if the homemade food or drink product is packaged; or

(B) Container and a separate written document provided to the informed end consumer upon sale if the homemade food or drink product is offered for sale from a bulk container;

(2) A placard displayed at the point of sale if the homemade food or drink product is not packaged or offered for sale from a bulk container; or

(3) The website on which the homemade food or drink product is offered for sale if the product is offered for sale online.

Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-13-904 — AR Code / Title 20 / Chapter 13 / Subchapter 9 / Section 20-13-904
Adherence to Do Not Resuscitate Protocol - Transfer of patients
Status: in_force

(a) Emergency medical services personnel other than physicians shall comply with the Do Not Resuscitate Protocol when presented with either Do Not Resuscitate Identification approved by the Department of Health, an oral Do Not Resuscitate Order issued directly by a physician, or a written Do Not Resuscitate Order entered on a form prescribed by the department. (b) An attending physician or a healthcare facility that receives a patient from emergency medical services with a valid Do Not Resuscitate Identification which the patient or his or her healthcare proxy does not remand by written or oral statement and that is unwilling or unable to comply with a Do Not Resuscitate Order shall take all reasonable steps to transfer that person possessing Do Not Resuscitate Identification to another physician or to a healthcare facility in which the Do Not Resuscitate Order will be followed. Acts 1993, No. 1101, § 4.

(a) Emergency medical services personnel other than physicians shall comply with the Do Not Resuscitate Protocol when presented with either Do Not Resuscitate Identification approved by the Department of Health, an oral Do Not Resuscitate Order issued directly by a physician, or a written Do Not Resuscitate Order entered on a form prescribed by the department.

(b) An attending physician or a healthcare facility that receives a patient from emergency medical services with a valid Do Not Resuscitate Identification which the patient or his or her healthcare proxy does not remand by written or oral statement and that is unwilling or unable to comply with a Do Not Resuscitate Order shall take all reasonable steps to transfer that person possessing Do Not Resuscitate Identification to another physician or to a healthcare facility in which the Do Not Resuscitate Order will be followed.

Acts 1993, No. 1101, § 4.
Ark. Code Ann. § 20-48-202 — AR Code / Title 20 / Chapter 48 / Subchapter 2 / Section 20-48-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Community" means either region or locality; (2) (A) "Coordinate" means to utilize resources in appropriate sequence and relationship to provide the proper services for individuals with intellectual and developmental disabilities. (B) "Coordinate" implies a working relationship with, but not administrative authority over, public agencies providing services to individuals with intellectual and developmental disabilities; (3) "Individual" means a person without regard to chronological age; (4) "Individual with intellectual and developmental disabilities" means a person with an intellectual and developmental disability; (5) "Intellectual and developmental disability" means the same as defined in § 20-48-101 ; (6) "Locality" means a geographical area defined by the Division of Developmental Disabilities Services or the appropriate division as determined by the Secretary of the Department of Human Services usually consisting of a municipality or county but not excluding other areas within easy commuting distance; (7) "Private organizations" means organizations, persons, firms, individuals, corporations, or associations; (8) "Public agencies" means all agencies, departments, boards, institutions, commissions, officers, officials, political subdivisions and agencies thereof, and school districts of this state; (9) "Region" means a geographical area defined by the Division of Developmental Disabilities Services, usually consisting of all or parts of two (2) or more counties, which is created to provide services for individuals with intellectual and developmental disabilities when the services cannot be provided feasibly or practically at the local level; (10) "Services for individuals with intellectual disabilities" or "services" means all services pertaining to and incidental to the prevention, detection, diagnosis, evaluation, treatment, care, custody, education, training, rehabilitation, or supervision of individuals with intellectual disabilities; and (11) "Superintendent" means the chief administrative officer assigned full-time to a human development center. Amended by Act 2023, No. 214,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 1035,§ 19, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 60, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 59, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5206, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5205, eff. 7/1/2019. Acts 1969, No. 265, § 2; A.S.A. 1947, § 59-1002.

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

(1) "Community" means either region or locality;

(2) (A) "Coordinate" means to utilize resources in appropriate sequence and relationship to provide the proper services for individuals with intellectual and developmental disabilities. (B) "Coordinate" implies a working relationship with, but not administrative authority over, public agencies providing services to individuals with intellectual and developmental disabilities;

(A) "Coordinate" means to utilize resources in appropriate sequence and relationship to provide the proper services for individuals with intellectual and developmental disabilities.

(B) "Coordinate" implies a working relationship with, but not administrative authority over, public agencies providing services to individuals with intellectual and developmental disabilities;

(3) "Individual" means a person without regard to chronological age;

(4) "Individual with intellectual and developmental disabilities" means a person with an intellectual and developmental disability;

(5) "Intellectual and developmental disability" means the same as defined in § 20-48-101 ;

(6) "Locality" means a geographical area defined by the Division of Developmental Disabilities Services or the appropriate division as determined by the Secretary of the Department of Human Services usually consisting of a municipality or county but not excluding other areas within easy commuting distance;

(7) "Private organizations" means organizations, persons, firms, individuals, corporations, or associations;

(8) "Public agencies" means all agencies, departments, boards, institutions, commissions, officers, officials, political subdivisions and agencies thereof, and school districts of this state;

(9) "Region" means a geographical area defined by the Division of Developmental Disabilities Services, usually consisting of all or parts of two (2) or more counties, which is created to provide services for individuals with intellectual and developmental disabilities when the services cannot be provided feasibly or practically at the local level;

(10) "Services for individuals with intellectual disabilities" or "services" means all services pertaining to and incidental to the prevention, detection, diagnosis, evaluation, treatment, care, custody, education, training, rehabilitation, or supervision of individuals with intellectual disabilities; and

(11) "Superintendent" means the chief administrative officer assigned full-time to a human development center.

Amended by Act 2023, No. 214,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 1035,§ 19, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 60, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 59, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5206, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5205, eff. 7/1/2019.

Acts 1969, No. 265, § 2; A.S.A. 1947, § 59-1002.
Ark. Code Ann. § 20-16-2008 — AR Code / Title 20 / Chapter 16 / Subchapter 20 / Section 20-16-2008
Right of intervention
Status: in_force

(a) The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. (b) The Governor may also intervene as a matter of right in any case in which the constitutionality of this law is challenged. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.

(a) The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

(b) The Governor may also intervene as a matter of right in any case in which the constitutionality of this law is challenged.

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-13-703 — AR Code / Title 20 / Chapter 13 / Subchapter 7 / Section 20-13-703
Definitions
Status: in_force

As used in this subchapter: (1) "Center" means the Arkansas Poison and Drug Information Center; and (2) "Director" means the Director of the Arkansas Poison and Drug Information Center. Acts 1991, No. 796, § 2.

As used in this subchapter:

(1) "Center" means the Arkansas Poison and Drug Information Center; and

(2) "Director" means the Director of the Arkansas Poison and Drug Information Center.

Acts 1991, No. 796, § 2.
Ark. Code Ann. § 20-17-1020 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1020
Unlawful act
Status: in_force

It is unlawful for a cemetery company to bury or inter a body in any driveway, roadway, path, alley, or walk. Amended by Act 2021, No. 731,§ 11, eff. 7/28/2021. Acts 1977, No. 352, § 18; A.S.A. 1947, § 82-426.18.

It is unlawful for a cemetery company to bury or inter a body in any driveway, roadway, path, alley, or walk.

Amended by Act 2021, No. 731,§ 11, eff. 7/28/2021.

Acts 1977, No. 352, § 18; A.S.A. 1947, § 82-426.18.
Ark. Code Ann. § 20-21-503 — AR Code / Title 20 / Chapter 21 / Subchapter 5 / Section 20-21-503
Cooperative agreements
Status: in_force

(a) (1) Before the award of a grant to a county for the purposes described in this subchapter, the Department of Health shall draw up a proposal for a cooperative agreement between the State of Arkansas and the eligible counties in this state. (2) The proposal shall set forth the activities to be conducted by the county under its radiological response plan as a prerequisite for receipt of grant payments. (3) The proposed cooperative agreement shall include: (A) The responsibilities of the county as prescribed in the county's radiological response plan and the state emergency operations plan, as amended; (B) The means by which the county will demonstrate that it can meet its designated responsibilities, as defined in subdivision (a)(3)(A) of this section, including, but not limited to, program audits, test exercises, or operational readiness evaluations; (C) The methods of distribution of grant funds to local governments and their agencies to provide a fair opportunity for all political subdivisions within the county to benefit from grant funds; (D) The intended use of grant funds as reflected in an annual budget to correspond with the state fiscal year; and (E) Any other information determined by the department to be necessary to ensure compliance with state rules or federal regulations and to ensure that all expenditures of grant funds are in direct support of radiological emergency planning or response. (b) (1) The department shall submit a proposal for a cooperative agreement to the chief executive officer of each county sixty (60) days before the beginning of the state fiscal year. (2) The fully executed cooperative agreement shall be in effect by August 1 of the state fiscal year. (3) A cooperative agreement is fully executed when it is duly signed by the Director of the Division of Radiation Control and Emergency Management of the Department of Health, as the representative of the department, and the county judge as the chief executive officer of the county. (c) Variances from any portion of the cooperative agreement shall be approved in writing by the director before implementation of the variance. (d) (1) Failure to perform shall result in either suspension of funds for a specified period or complete revocation of the agreement. The specific penalty shall be determined following an assessment of the degree of seriousness imposed by the breach of agreement. (2) The reinstatement of eligibility for a county so penalized shall occur only after satisfactory demonstration that the conditions or situations resulting in the penalty have been corrected. (3) Written notice shall be given to the chief executive officer by the director citing the reason for the penalty and the steps necessary to regain agreement eligibility. Amended by Act 2019, No. 315,§ 2039, eff. 7/24/2019. Acts 1983, No. 536, § 3; A.S.A. 1947, § 82-1548.

(a) (1) Before the award of a grant to a county for the purposes described in this subchapter, the Department of Health shall draw up a proposal for a cooperative agreement between the State of Arkansas and the eligible counties in this state. (2) The proposal shall set forth the activities to be conducted by the county under its radiological response plan as a prerequisite for receipt of grant payments. (3) The proposed cooperative agreement shall include: (A) The responsibilities of the county as prescribed in the county's radiological response plan and the state emergency operations plan, as amended; (B) The means by which the county will demonstrate that it can meet its designated responsibilities, as defined in subdivision (a)(3)(A) of this section, including, but not limited to, program audits, test exercises, or operational readiness evaluations; (C) The methods of distribution of grant funds to local governments and their agencies to provide a fair opportunity for all political subdivisions within the county to benefit from grant funds; (D) The intended use of grant funds as reflected in an annual budget to correspond with the state fiscal year; and (E) Any other information determined by the department to be necessary to ensure compliance with state rules or federal regulations and to ensure that all expenditures of grant funds are in direct support of radiological emergency planning or response.

(1) Before the award of a grant to a county for the purposes described in this subchapter, the Department of Health shall draw up a proposal for a cooperative agreement between the State of Arkansas and the eligible counties in this state.

(2) The proposal shall set forth the activities to be conducted by the county under its radiological response plan as a prerequisite for receipt of grant payments.

(3) The proposed cooperative agreement shall include: (A) The responsibilities of the county as prescribed in the county's radiological response plan and the state emergency operations plan, as amended; (B) The means by which the county will demonstrate that it can meet its designated responsibilities, as defined in subdivision (a)(3)(A) of this section, including, but not limited to, program audits, test exercises, or operational readiness evaluations; (C) The methods of distribution of grant funds to local governments and their agencies to provide a fair opportunity for all political subdivisions within the county to benefit from grant funds; (D) The intended use of grant funds as reflected in an annual budget to correspond with the state fiscal year; and (E) Any other information determined by the department to be necessary to ensure compliance with state rules or federal regulations and to ensure that all expenditures of grant funds are in direct support of radiological emergency planning or response.

(A) The responsibilities of the county as prescribed in the county's radiological response plan and the state emergency operations plan, as amended;

(B) The means by which the county will demonstrate that it can meet its designated responsibilities, as defined in subdivision (a)(3)(A) of this section, including, but not limited to, program audits, test exercises, or operational readiness evaluations;

(C) The methods of distribution of grant funds to local governments and their agencies to provide a fair opportunity for all political subdivisions within the county to benefit from grant funds;

(D) The intended use of grant funds as reflected in an annual budget to correspond with the state fiscal year; and

(E) Any other information determined by the department to be necessary to ensure compliance with state rules or federal regulations and to ensure that all expenditures of grant funds are in direct support of radiological emergency planning or response.

(b) (1) The department shall submit a proposal for a cooperative agreement to the chief executive officer of each county sixty (60) days before the beginning of the state fiscal year. (2) The fully executed cooperative agreement shall be in effect by August 1 of the state fiscal year. (3) A cooperative agreement is fully executed when it is duly signed by the Director of the Division of Radiation Control and Emergency Management of the Department of Health, as the representative of the department, and the county judge as the chief executive officer of the county.

(1) The department shall submit a proposal for a cooperative agreement to the chief executive officer of each county sixty (60) days before the beginning of the state fiscal year.

(2) The fully executed cooperative agreement shall be in effect by August 1 of the state fiscal year.

(3) A cooperative agreement is fully executed when it is duly signed by the Director of the Division of Radiation Control and Emergency Management of the Department of Health, as the representative of the department, and the county judge as the chief executive officer of the county.

(c) Variances from any portion of the cooperative agreement shall be approved in writing by the director before implementation of the variance.

(d) (1) Failure to perform shall result in either suspension of funds for a specified period or complete revocation of the agreement. The specific penalty shall be determined following an assessment of the degree of seriousness imposed by the breach of agreement. (2) The reinstatement of eligibility for a county so penalized shall occur only after satisfactory demonstration that the conditions or situations resulting in the penalty have been corrected. (3) Written notice shall be given to the chief executive officer by the director citing the reason for the penalty and the steps necessary to regain agreement eligibility.

(1) Failure to perform shall result in either suspension of funds for a specified period or complete revocation of the agreement. The specific penalty shall be determined following an assessment of the degree of seriousness imposed by the breach of agreement.

(2) The reinstatement of eligibility for a county so penalized shall occur only after satisfactory demonstration that the conditions or situations resulting in the penalty have been corrected.

(3) Written notice shall be given to the chief executive officer by the director citing the reason for the penalty and the steps necessary to regain agreement eligibility.

Amended by Act 2019, No. 315,§ 2039, eff. 7/24/2019.

Acts 1983, No. 536, § 3; A.S.A. 1947, § 82-1548.
Ark. Code Ann. § 20-9-103 — AR Code / Title 20 / Chapter 9 / Subchapter 1 / Section 20-9-103
Pulse oximetry screening - Definition
Status: in_force

(a) As used in this section, "birthing facility" means an inpatient or ambulatory healthcare facility licensed by the Department of Health that provides birthing services or newborn care services, or both. (b) Birthing facilities shall begin pulse oximetry testing for critical congenital heart defects on all newborns before discharge from the birthing facility no fewer than ninety (90) days and no more than one hundred eighty (180) days after the Department of Health complies with subsection (d) of this section. (c) To facilitate pulse oximetry testing for critical congenital heart defects on all newborns in the State of Arkansas before discharge from a birthing facility, Arkansas Children's Hospital shall: (1) Provide written guidance on evidence-based guidelines on development of hospital policies and procedures related to pulse oximetry screening in newborns to the Department of Health and, on request, to an individual birthing facility; (2) Provide the Department of Health with an educational document that may be distributed to parents or legal guardians of newborns regarding: (A) The need for and performance of the pulse oximetry test; (B) Methods for conducting the screening; and (C) Common strategies for follow-up care in infants with abnormal screening results; and (3) Through its Department of Pediatrics, provide to a birthing facility training and on-site technical assistance upon request in the performance of pulse oximetry testing. (d) To facilitate pulse oximetry testing for critical congenital heart defects on all newborns in the State of Arkansas before discharge from a birthing facility, the Department of Health shall: (1) Develop an appropriate and functional system allowing for electronic submission of pulse oximetry test results by the hospital; and (2) Provide technical assistance and training to the birthing facilities on the use of the system. (e) Testing results submitted to and compiled by the Department of Health under this section are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq. (f) The Department of Health shall not require the performance of a pulse oximetry test on a newborn if the parents or a legal guardian of the newborn object to the testing on medical, religious, or philosophical grounds. Added by Act 2013, No. 768,§ 2, eff. 8/16/2013.

(a) As used in this section, "birthing facility" means an inpatient or ambulatory healthcare facility licensed by the Department of Health that provides birthing services or newborn care services, or both.

(b) Birthing facilities shall begin pulse oximetry testing for critical congenital heart defects on all newborns before discharge from the birthing facility no fewer than ninety (90) days and no more than one hundred eighty (180) days after the Department of Health complies with subsection (d) of this section.

(c) To facilitate pulse oximetry testing for critical congenital heart defects on all newborns in the State of Arkansas before discharge from a birthing facility, Arkansas Children's Hospital shall: (1) Provide written guidance on evidence-based guidelines on development of hospital policies and procedures related to pulse oximetry screening in newborns to the Department of Health and, on request, to an individual birthing facility; (2) Provide the Department of Health with an educational document that may be distributed to parents or legal guardians of newborns regarding: (A) The need for and performance of the pulse oximetry test; (B) Methods for conducting the screening; and (C) Common strategies for follow-up care in infants with abnormal screening results; and (3) Through its Department of Pediatrics, provide to a birthing facility training and on-site technical assistance upon request in the performance of pulse oximetry testing.

(1) Provide written guidance on evidence-based guidelines on development of hospital policies and procedures related to pulse oximetry screening in newborns to the Department of Health and, on request, to an individual birthing facility;

(2) Provide the Department of Health with an educational document that may be distributed to parents or legal guardians of newborns regarding: (A) The need for and performance of the pulse oximetry test; (B) Methods for conducting the screening; and (C) Common strategies for follow-up care in infants with abnormal screening results; and

(A) The need for and performance of the pulse oximetry test;

(B) Methods for conducting the screening; and

(C) Common strategies for follow-up care in infants with abnormal screening results; and

(3) Through its Department of Pediatrics, provide to a birthing facility training and on-site technical assistance upon request in the performance of pulse oximetry testing.

(d) To facilitate pulse oximetry testing for critical congenital heart defects on all newborns in the State of Arkansas before discharge from a birthing facility, the Department of Health shall: (1) Develop an appropriate and functional system allowing for electronic submission of pulse oximetry test results by the hospital; and (2) Provide technical assistance and training to the birthing facilities on the use of the system.

(1) Develop an appropriate and functional system allowing for electronic submission of pulse oximetry test results by the hospital; and

(2) Provide technical assistance and training to the birthing facilities on the use of the system.

(e) Testing results submitted to and compiled by the Department of Health under this section are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(f) The Department of Health shall not require the performance of a pulse oximetry test on a newborn if the parents or a legal guardian of the newborn object to the testing on medical, religious, or philosophical grounds.

Added by Act 2013, No. 768,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-16-1909 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1909
Right of intervention
Status: in_force

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-59-224 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-224
Unlawful acts - Products of diseased animals - Contaminated products
Status: in_force

It shall be unlawful in all cases to sell or offer for sale milk or cream from diseased or unhealthy animals, as certified to be unhealthy or diseased by the State Veterinarian; milk, cream, or any of their derivatives handled by any person suffering from or coming in contact with persons afflicted with any contagious disease; to sell or offer for sale any milk, cream, or any of their derivatives which have been exposed to contamination or into which may have fallen any insanitary articles or any foreign substance which would render the milk, cream, or the product manufactured therefrom, unfit for human consumption. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful in all cases to sell or offer for sale milk or cream from diseased or unhealthy animals, as certified to be unhealthy or diseased by the State Veterinarian; milk, cream, or any of their derivatives handled by any person suffering from or coming in contact with persons afflicted with any contagious disease; to sell or offer for sale any milk, cream, or any of their derivatives which have been exposed to contamination or into which may have fallen any insanitary articles or any foreign substance which would render the milk, cream, or the product manufactured therefrom, unfit for human consumption.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-81-109 — AR Code / Title 20 / Chapter 81 / Section 20-81-109
Cooperation of other state agencies
Status: in_force

It shall be the duty of all state, county, and municipal offices and agencies legally concerned with and interested in the welfare of veterans and their dependents to cooperate with the Department of Veterans Affairs in carrying out the purposes of this act. Acts 1979, No.324, § 9; A.S.A. 1947, § 11-1418.

It shall be the duty of all state, county, and municipal offices and agencies legally concerned with and interested in the welfare of veterans and their dependents to cooperate with the Department of Veterans Affairs in carrying out the purposes of this act.

Acts 1979, No.324, § 9; A.S.A. 1947, § 11-1418.
Ark. Code Ann. § 20-64-705 — AR Code / Title 20 / Chapter 64 / Subchapter 7 / Section 20-64-705
Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - Power to accept gifts
Status: in_force

(a) (1) The Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, on behalf of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, may receive any federal means, grants, contributions, gifts, and loans which are payable or distributable to the State of Arkansas by the United States Government or any of its agencies or instrumentalities, under any existing or future federal laws or statutes or rules or regulations of the agencies or instrumentalities, received for or on account of any of the functions performable by the division. (2) The division may also receive gifts, grants, donations, fees, conveyances, or transfers of money and property, both real and personal, from private and public sources, to effectuate the purposes of this subchapter. (b) The deputy director, on behalf of the division, shall sell or dispose of such real or personal property as the division deems advisable, upon specific authorization of the division. (c) Any funds and income from any property so furnished or transferred to the deputy director on behalf of the division shall be placed in the State Treasury in a special fund and expended in the same manner as other state moneys are expended, upon warrants drawn by the comptroller upon the order of the division. (d) Any of the moneys, funds, and property described in this section are appropriated for the purpose of carrying out the provisions of this subchapter. Amended by Act 2019, No. 389,§ 71, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 22, eff. 8/16/2013. Acts 1955, No. 411, § 7; A.S.A. 1947, § 83-707.

(a) (1) The Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, on behalf of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, may receive any federal means, grants, contributions, gifts, and loans which are payable or distributable to the State of Arkansas by the United States Government or any of its agencies or instrumentalities, under any existing or future federal laws or statutes or rules or regulations of the agencies or instrumentalities, received for or on account of any of the functions performable by the division. (2) The division may also receive gifts, grants, donations, fees, conveyances, or transfers of money and property, both real and personal, from private and public sources, to effectuate the purposes of this subchapter.

(1) The Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, on behalf of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, may receive any federal means, grants, contributions, gifts, and loans which are payable or distributable to the State of Arkansas by the United States Government or any of its agencies or instrumentalities, under any existing or future federal laws or statutes or rules or regulations of the agencies or instrumentalities, received for or on account of any of the functions performable by the division.

(2) The division may also receive gifts, grants, donations, fees, conveyances, or transfers of money and property, both real and personal, from private and public sources, to effectuate the purposes of this subchapter.

(b) The deputy director, on behalf of the division, shall sell or dispose of such real or personal property as the division deems advisable, upon specific authorization of the division.

(c) Any funds and income from any property so furnished or transferred to the deputy director on behalf of the division shall be placed in the State Treasury in a special fund and expended in the same manner as other state moneys are expended, upon warrants drawn by the comptroller upon the order of the division.

(d) Any of the moneys, funds, and property described in this section are appropriated for the purpose of carrying out the provisions of this subchapter.

Amended by Act 2019, No. 389,§ 71, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 22, eff. 8/16/2013.

Acts 1955, No. 411, § 7; A.S.A. 1947, § 83-707.
Ark. Code Ann. § 20-29-108 — AR Code / Title 20 / Chapter 29 / Section 20-29-108
Suspension of license pending reimbursement or appeal
Status: in_force

(a) (1) The Arkansas Manufactured Home Commission shall suspend the license or certificate of each licensee, installer, retailer, or manufacturer until such time as the licensee, installer, retailer, or manufacturer reimburses award amounts paid on its behalf to the Manufactured Housing Recovery Fund, plus interest at a rate to be determined by the commission, but the interest is not to exceed ten percent (10%) per annum. (2) The commission may permanently suspend the license or certificate of the respondent upon failure to pay an order of the commission or court. (b) The commission may move the circuit court to suspend the license or certificate of the respondent during pendency of an appeal from a commission order. Acts 1987, No. 346, § 3; 2001, No. 1263, § 4.

(a) (1) The Arkansas Manufactured Home Commission shall suspend the license or certificate of each licensee, installer, retailer, or manufacturer until such time as the licensee, installer, retailer, or manufacturer reimburses award amounts paid on its behalf to the Manufactured Housing Recovery Fund, plus interest at a rate to be determined by the commission, but the interest is not to exceed ten percent (10%) per annum. (2) The commission may permanently suspend the license or certificate of the respondent upon failure to pay an order of the commission or court.

(1) The Arkansas Manufactured Home Commission shall suspend the license or certificate of each licensee, installer, retailer, or manufacturer until such time as the licensee, installer, retailer, or manufacturer reimburses award amounts paid on its behalf to the Manufactured Housing Recovery Fund, plus interest at a rate to be determined by the commission, but the interest is not to exceed ten percent (10%) per annum.

(2) The commission may permanently suspend the license or certificate of the respondent upon failure to pay an order of the commission or court.

(b) The commission may move the circuit court to suspend the license or certificate of the respondent during pendency of an appeal from a commission order.

Acts 1987, No. 346, § 3; 2001, No. 1263, § 4.
Ark. Code Ann. § 20-9-1309 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1309
Standards for investigations
Status: in_force

(a) A physician shall be informed in writing within five (5) business days of the date that the physician becomes a subject of an investigation. (b) Before a professional review body makes a recommendation as a result of an investigation, the physician under review shall be given an opportunity to have a meeting with the professional review body to discuss the matter without the presence of attorneys. (c) (1) (A) If the professional review body decides to use an external review during the investigation, physicians serving on the professional review body that is conducting the investigation are responsible for selecting any external reviewers and the method of selecting cases for review. (B) However, the physicians serving on the professional review body may seek input regarding the selection described under subdivision (c)(1)(A) of this section from the physician under review or other individuals. (2) The physician under review shall be included on any substantive communications by any party with the external reviewers selected under subdivision (c)(1)(A) of this section. (d) At the conclusion of the investigation, the physician under review shall be informed of the determination of the professional review body. Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.

(a) A physician shall be informed in writing within five (5) business days of the date that the physician becomes a subject of an investigation.

(b) Before a professional review body makes a recommendation as a result of an investigation, the physician under review shall be given an opportunity to have a meeting with the professional review body to discuss the matter without the presence of attorneys.

(c) (1) (A) If the professional review body decides to use an external review during the investigation, physicians serving on the professional review body that is conducting the investigation are responsible for selecting any external reviewers and the method of selecting cases for review. (B) However, the physicians serving on the professional review body may seek input regarding the selection described under subdivision (c)(1)(A) of this section from the physician under review or other individuals. (2) The physician under review shall be included on any substantive communications by any party with the external reviewers selected under subdivision (c)(1)(A) of this section.

(1) (A) If the professional review body decides to use an external review during the investigation, physicians serving on the professional review body that is conducting the investigation are responsible for selecting any external reviewers and the method of selecting cases for review. (B) However, the physicians serving on the professional review body may seek input regarding the selection described under subdivision (c)(1)(A) of this section from the physician under review or other individuals.

(A) If the professional review body decides to use an external review during the investigation, physicians serving on the professional review body that is conducting the investigation are responsible for selecting any external reviewers and the method of selecting cases for review.

(B) However, the physicians serving on the professional review body may seek input regarding the selection described under subdivision (c)(1)(A) of this section from the physician under review or other individuals.

(2) The physician under review shall be included on any substantive communications by any party with the external reviewers selected under subdivision (c)(1)(A) of this section.

(d) At the conclusion of the investigation, the physician under review shall be informed of the determination of the professional review body.

Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.
Ark. Code Ann. § 20-3-103 — AR Code / Title 20 / Chapter 3 / Section 20-3-103
Definitions
Status: in_force

As used in this chapter: (1) "ABLE account" means an account: (A) Established by an eligible individual; (B) Owned by the eligible individual; and (C) Maintained under this subchapter; (2) "Contracting state" means a state without a qualified ABLE program that has entered into a contract with Arkansas to provide residents of the contracting state access to a qualified ABLE program; (3) "Designated beneficiary" means the eligible individual who established an ABLE account and is the owner of the ABLE account; (4) "Disability certification" means, with respect to an individual, a certification to the satisfaction of the United States Secretary of the Treasury by the individual or the parent or guardian of the individual that: (A) Certifies that: (i) (a) (1) The individual has a medically determinable physical or mental impairment that: (A) Results in marked and severe functional limitations; and (B) Can be expected to result in death; or (2) Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or (b) The individual is blind within the meaning of § 1614(a)(2) of the Social Security Act; and (ii) The blindness or disability occurred before the individual attained twenty-six (26) years of age; and (B) Includes a copy of the individual's diagnosis relating to the individual's relevant impairment or impairments, signed by a physician meeting the criteria of § 1861(r)(1) of the Social Security Act; (5) "Eligible individual" means an individual who for a taxable year: (A) Is entitled to benefits based on blindness or disability under Title II or Title XVI of the Social Security Act, 42 U.S.C. § 301 et seq., and the blindness or disability is a preexisting condition that occurred before the date on which the individual attained twenty-six (26) years of age; or (B) Has a disability certification filed with the United States Secretary of the Treasury for the taxable year; (6) "Member of the family" means a brother, sister, stepbrother, or stepsister; (7) "Nonqualified distribution" means a distribution from an ABLE account that is not used to pay a qualified disability expense; and (8) "Qualified disability expense" means an expense related to an eligible individual's blindness or disability that is made for the benefit of the eligible individual who is the designated beneficiary, including without limitation the following expenses: (A) Assistive technology and personal support services; (B) Education; (C) Employment training and support; (D) Expenses for oversight and monitoring; (E) Financial management and administrative services; (F) Funeral and burial expenses; (G) Health, prevention, and wellness expenses; (H) Housing; (I) Legal fees; (J) Transportation; and (K) Other expenses that are adopted by rule and consistent with the purposes of this chapter. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

As used in this chapter:

(1) "ABLE account" means an account: (A) Established by an eligible individual; (B) Owned by the eligible individual; and (C) Maintained under this subchapter;

(A) Established by an eligible individual;

(B) Owned by the eligible individual; and

(C) Maintained under this subchapter;

(2) "Contracting state" means a state without a qualified ABLE program that has entered into a contract with Arkansas to provide residents of the contracting state access to a qualified ABLE program;

(3) "Designated beneficiary" means the eligible individual who established an ABLE account and is the owner of the ABLE account;

(4) "Disability certification" means, with respect to an individual, a certification to the satisfaction of the United States Secretary of the Treasury by the individual or the parent or guardian of the individual that: (A) Certifies that: (i) (a) (1) The individual has a medically determinable physical or mental impairment that: (A) Results in marked and severe functional limitations; and (B) Can be expected to result in death; or (2) Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or (b) The individual is blind within the meaning of § 1614(a)(2) of the Social Security Act; and (ii) The blindness or disability occurred before the individual attained twenty-six (26) years of age; and (B) Includes a copy of the individual's diagnosis relating to the individual's relevant impairment or impairments, signed by a physician meeting the criteria of § 1861(r)(1) of the Social Security Act;

(A) Certifies that: (i) (a) (1) The individual has a medically determinable physical or mental impairment that: (A) Results in marked and severe functional limitations; and (B) Can be expected to result in death; or (2) Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or (b) The individual is blind within the meaning of § 1614(a)(2) of the Social Security Act; and (ii) The blindness or disability occurred before the individual attained twenty-six (26) years of age; and

(i) (a) (1) The individual has a medically determinable physical or mental impairment that: (A) Results in marked and severe functional limitations; and (B) Can be expected to result in death; or (2) Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or (b) The individual is blind within the meaning of § 1614(a)(2) of the Social Security Act; and

(a) (1) The individual has a medically determinable physical or mental impairment that: (A) Results in marked and severe functional limitations; and (B) Can be expected to result in death; or (2) Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or

(1) The individual has a medically determinable physical or mental impairment that: (A) Results in marked and severe functional limitations; and (B) Can be expected to result in death; or

(A) Results in marked and severe functional limitations; and

(B) Can be expected to result in death; or

(2) Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or

(b) The individual is blind within the meaning of § 1614(a)(2) of the Social Security Act; and

(ii) The blindness or disability occurred before the individual attained twenty-six (26) years of age; and

(B) Includes a copy of the individual's diagnosis relating to the individual's relevant impairment or impairments, signed by a physician meeting the criteria of § 1861(r)(1) of the Social Security Act;

(5) "Eligible individual" means an individual who for a taxable year: (A) Is entitled to benefits based on blindness or disability under Title II or Title XVI of the Social Security Act, 42 U.S.C. § 301 et seq., and the blindness or disability is a preexisting condition that occurred before the date on which the individual attained twenty-six (26) years of age; or (B) Has a disability certification filed with the United States Secretary of the Treasury for the taxable year;

(A) Is entitled to benefits based on blindness or disability under Title II or Title XVI of the Social Security Act, 42 U.S.C. § 301 et seq., and the blindness or disability is a preexisting condition that occurred before the date on which the individual attained twenty-six (26) years of age; or

(B) Has a disability certification filed with the United States Secretary of the Treasury for the taxable year;

(6) "Member of the family" means a brother, sister, stepbrother, or stepsister;

(7) "Nonqualified distribution" means a distribution from an ABLE account that is not used to pay a qualified disability expense; and

(8) "Qualified disability expense" means an expense related to an eligible individual's blindness or disability that is made for the benefit of the eligible individual who is the designated beneficiary, including without limitation the following expenses: (A) Assistive technology and personal support services; (B) Education; (C) Employment training and support; (D) Expenses for oversight and monitoring; (E) Financial management and administrative services; (F) Funeral and burial expenses; (G) Health, prevention, and wellness expenses; (H) Housing; (I) Legal fees; (J) Transportation; and (K) Other expenses that are adopted by rule and consistent with the purposes of this chapter.

(A) Assistive technology and personal support services;

(B) Education;

(C) Employment training and support;

(D) Expenses for oversight and monitoring;

(E) Financial management and administrative services;

(F) Funeral and burial expenses;

(G) Health, prevention, and wellness expenses;

(H) Housing;

(I) Legal fees;

(J) Transportation; and

(K) Other expenses that are adopted by rule and consistent with the purposes of this chapter.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-7-605 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-605
Prescription Drug Monitoring Program Advisory Committee - Creation - Members
Status: in_force

(a) The Prescription Drug Monitoring Program Advisory Committee shall be created by the State Board of Health upon the Department of Health's procuring adequate funding to establish the Prescription Drug Monitoring Program. (b) The mission of the committee is to consult with and advise the department on matters related to the establishment, maintenance, operation, and evaluation of the Prescription Drug Monitoring Program. (c) The committee shall consist of: (1) One (1) representative designated by each of the following organizations: (A) The Arkansas Academy of Physician Assistants, Inc.; (B) The Arkansas Association of Chiefs of Police; (C) The Arkansas Drug Director; (D) The Arkansas Medical Society, Inc.; (E) The Arkansas Nurses Association; (F) The Arkansas Optometric Association, Inc.; (G) The Arkansas Osteopathic Medical Association; (H) The Arkansas Pharmacist's Association; (I) The Arkansas Podiatric Medical Association, Inc.; (J) The Arkansas Prosecuting Attorneys Association; (K) The Arkansas Sheriffs' Association; (L) The Arkansas State Dental Association; (M) The Arkansas Veterinary Medical Association; (N) The State Board of Health; and (O) The Arkansas Public Defender Commission; (2) One (1) mental health provider or certified drug and alcohol counselor; (3) One (1) consumer appointed by the Governor; (4) One (1) obstetrician and gynecologist licensed by the Arkansas State Medical Board and designated by the Department of Health; (5) One (1) member of the Arkansas Opioid Recovery Partnership designated by the Department of Health; (6) The Chair of the Arkansas State Medical Board or his or her designee who is also a member of the Arkansas State Medical Board; and (7) The President of the Arkansas State Board of Dental Examiners or his or her designee who is also a member of the Arkansas State Board of Dental Examiners. Amended by Act 2023, No. 67,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 820,§ 4, eff. 8/1/2017. Acts 2011, No. 304, § 1.

(a) The Prescription Drug Monitoring Program Advisory Committee shall be created by the State Board of Health upon the Department of Health's procuring adequate funding to establish the Prescription Drug Monitoring Program.

(b) The mission of the committee is to consult with and advise the department on matters related to the establishment, maintenance, operation, and evaluation of the Prescription Drug Monitoring Program.

(c) The committee shall consist of: (1) One (1) representative designated by each of the following organizations: (A) The Arkansas Academy of Physician Assistants, Inc.; (B) The Arkansas Association of Chiefs of Police; (C) The Arkansas Drug Director; (D) The Arkansas Medical Society, Inc.; (E) The Arkansas Nurses Association; (F) The Arkansas Optometric Association, Inc.; (G) The Arkansas Osteopathic Medical Association; (H) The Arkansas Pharmacist's Association; (I) The Arkansas Podiatric Medical Association, Inc.; (J) The Arkansas Prosecuting Attorneys Association; (K) The Arkansas Sheriffs' Association; (L) The Arkansas State Dental Association; (M) The Arkansas Veterinary Medical Association; (N) The State Board of Health; and (O) The Arkansas Public Defender Commission; (2) One (1) mental health provider or certified drug and alcohol counselor; (3) One (1) consumer appointed by the Governor; (4) One (1) obstetrician and gynecologist licensed by the Arkansas State Medical Board and designated by the Department of Health; (5) One (1) member of the Arkansas Opioid Recovery Partnership designated by the Department of Health; (6) The Chair of the Arkansas State Medical Board or his or her designee who is also a member of the Arkansas State Medical Board; and (7) The President of the Arkansas State Board of Dental Examiners or his or her designee who is also a member of the Arkansas State Board of Dental Examiners.

(1) One (1) representative designated by each of the following organizations: (A) The Arkansas Academy of Physician Assistants, Inc.; (B) The Arkansas Association of Chiefs of Police; (C) The Arkansas Drug Director; (D) The Arkansas Medical Society, Inc.; (E) The Arkansas Nurses Association; (F) The Arkansas Optometric Association, Inc.; (G) The Arkansas Osteopathic Medical Association; (H) The Arkansas Pharmacist's Association; (I) The Arkansas Podiatric Medical Association, Inc.; (J) The Arkansas Prosecuting Attorneys Association; (K) The Arkansas Sheriffs' Association; (L) The Arkansas State Dental Association; (M) The Arkansas Veterinary Medical Association; (N) The State Board of Health; and (O) The Arkansas Public Defender Commission;

(A) The Arkansas Academy of Physician Assistants, Inc.;

(B) The Arkansas Association of Chiefs of Police;

(C) The Arkansas Drug Director;

(D) The Arkansas Medical Society, Inc.;

(E) The Arkansas Nurses Association;

(F) The Arkansas Optometric Association, Inc.;

(G) The Arkansas Osteopathic Medical Association;

(H) The Arkansas Pharmacist's Association;

(I) The Arkansas Podiatric Medical Association, Inc.;

(J) The Arkansas Prosecuting Attorneys Association;

(K) The Arkansas Sheriffs' Association;

(L) The Arkansas State Dental Association;

(M) The Arkansas Veterinary Medical Association;

(N) The State Board of Health; and

(O) The Arkansas Public Defender Commission;

(2) One (1) mental health provider or certified drug and alcohol counselor;

(3) One (1) consumer appointed by the Governor;

(4) One (1) obstetrician and gynecologist licensed by the Arkansas State Medical Board and designated by the Department of Health;

(5) One (1) member of the Arkansas Opioid Recovery Partnership designated by the Department of Health;

(6) The Chair of the Arkansas State Medical Board or his or her designee who is also a member of the Arkansas State Medical Board; and

(7) The President of the Arkansas State Board of Dental Examiners or his or her designee who is also a member of the Arkansas State Board of Dental Examiners.

Amended by Act 2023, No. 67,§ 1, eff. 8/1/2023.

Amended by Act 2017, No. 820,§ 4, eff. 8/1/2017.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-27-2111 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2111
Preemption
Status: in_force

This subchapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective. Acts 2009, No. 697, § 2.

This subchapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-77-141 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-141
Provision of behavioral and mental health services via telemedicine - Medicaid reimbursement
Status: in_force

(a) (1) The General Assembly finds that during the public health emergency caused by coronavirus 2019 (COVID-19), the Department of Human Services issued several memorandums authorizing certain reimbursement for behavioral and mental health services provided via telemedicine for the time period of the public health emergency. (2) It is the intent of the General Assembly to make the authorization for certain reimbursement for behavioral and mental health services provided via telemedicine permanent. (b) The Arkansas Medicaid Program shall reimburse for the following behavioral and mental health services provided via telemedicine: (1) Counseling and psychoeducation provided by a person licensed as: (A) A psychologist; (B) A psychological examiner; (C) A professional counselor; (D) An associate counselor; (E) An associate marriage and family therapist; (F) A marriage and family therapist; (G) A clinical social worker; or (H) A master social worker; (2) Crisis intervention services; (3) Substance abuse assessments; (4) Mental health diagnosis assessments for an individual under twenty-one (21) years of age; and (5) Group therapy for individuals who are eighteen (18) years of age or older under the current service definition determined by the Arkansas Medicaid Program and when provided via audiovisual technology that is compliant with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and composed of beneficiaries of similar age and clinical presentation to qualified beneficiaries. (c) The Arkansas Medicaid Program shall reimburse for supplemental support services provided in-person or via audiovisual technology or telephone that is compliant with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, within the managed care program in the same manner as provided by risk-based provider organizations under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., through the later of: (1) The end of the public health emergency that began on March 11, 2020, by Executive Order 20-03; or (2) December 31, 2021. (d) The department shall apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section. (e) This section applies to Medicaid beneficiaries in the fee-for-service Arkansas Medicaid Program and the managed care Arkansas Medicaid Program. Added by Act 2021, No. 624,§ 1, eff. 4/8/2021. This section was originally enacted as §20-77-112.

(a) (1) The General Assembly finds that during the public health emergency caused by coronavirus 2019 (COVID-19), the Department of Human Services issued several memorandums authorizing certain reimbursement for behavioral and mental health services provided via telemedicine for the time period of the public health emergency. (2) It is the intent of the General Assembly to make the authorization for certain reimbursement for behavioral and mental health services provided via telemedicine permanent.

(1) The General Assembly finds that during the public health emergency caused by coronavirus 2019 (COVID-19), the Department of Human Services issued several memorandums authorizing certain reimbursement for behavioral and mental health services provided via telemedicine for the time period of the public health emergency.

(2) It is the intent of the General Assembly to make the authorization for certain reimbursement for behavioral and mental health services provided via telemedicine permanent.

(b) The Arkansas Medicaid Program shall reimburse for the following behavioral and mental health services provided via telemedicine: (1) Counseling and psychoeducation provided by a person licensed as: (A) A psychologist; (B) A psychological examiner; (C) A professional counselor; (D) An associate counselor; (E) An associate marriage and family therapist; (F) A marriage and family therapist; (G) A clinical social worker; or (H) A master social worker; (2) Crisis intervention services; (3) Substance abuse assessments; (4) Mental health diagnosis assessments for an individual under twenty-one (21) years of age; and (5) Group therapy for individuals who are eighteen (18) years of age or older under the current service definition determined by the Arkansas Medicaid Program and when provided via audiovisual technology that is compliant with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and composed of beneficiaries of similar age and clinical presentation to qualified beneficiaries.

(1) Counseling and psychoeducation provided by a person licensed as: (A) A psychologist; (B) A psychological examiner; (C) A professional counselor; (D) An associate counselor; (E) An associate marriage and family therapist; (F) A marriage and family therapist; (G) A clinical social worker; or (H) A master social worker;

(A) A psychologist;

(B) A psychological examiner;

(C) A professional counselor;

(D) An associate counselor;

(E) An associate marriage and family therapist;

(F) A marriage and family therapist;

(G) A clinical social worker; or

(H) A master social worker;

(2) Crisis intervention services;

(3) Substance abuse assessments;

(4) Mental health diagnosis assessments for an individual under twenty-one (21) years of age; and

(5) Group therapy for individuals who are eighteen (18) years of age or older under the current service definition determined by the Arkansas Medicaid Program and when provided via audiovisual technology that is compliant with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and composed of beneficiaries of similar age and clinical presentation to qualified beneficiaries.

(c) The Arkansas Medicaid Program shall reimburse for supplemental support services provided in-person or via audiovisual technology or telephone that is compliant with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, within the managed care program in the same manner as provided by risk-based provider organizations under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., through the later of: (1) The end of the public health emergency that began on March 11, 2020, by Executive Order 20-03; or (2) December 31, 2021.

(1) The end of the public health emergency that began on March 11, 2020, by Executive Order 20-03; or

(2) December 31, 2021.

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

(e) This section applies to Medicaid beneficiaries in the fee-for-service Arkansas Medicaid Program and the managed care Arkansas Medicaid Program.

Added by Act 2021, No. 624,§ 1, eff. 4/8/2021.

This section was originally enacted as §20-77-112.
Ark. Code Ann. § 20-19-405 — AR Code / Title 20 / Chapter 19 / Subchapter 4 / Section 20-19-405
Entry into state
Status: in_force

(a) Wolves and wolf-dog hybrids may enter into this state only if each animal is accompanied by a certificate of veterinary inspection indicating that the animal is free from disease or exposure to infectious or contagious disease. (b) No animals from rabies-quarantined areas shall be admitted into this state. Acts 2001, No. 1768, § 5.

(a) Wolves and wolf-dog hybrids may enter into this state only if each animal is accompanied by a certificate of veterinary inspection indicating that the animal is free from disease or exposure to infectious or contagious disease.

(b) No animals from rabies-quarantined areas shall be admitted into this state.

Acts 2001, No. 1768, § 5.
Ark. Code Ann. § 20-10-705 — AR Code / Title 20 / Chapter 10 / Subchapter 7 / Section 20-10-705
Rules
Status: in_force

(a) The Department of Human Services shall promulgate rules necessary to implement an aide training program for all long-term care facilities in this state, to prescribe in-service training programs, and to enforce compliance with those programs. (b) (1) The rules shall require training programs to: (A) Provide no fewer than ninety (90) clock hours of training; (B) Include in those ninety (90) clock hours no fewer than fifteen (15) clock hours of training specific to Alzheimer's disease and related dementia; and (C) Have only one (1) primary instructor for each course. (2) The training programs required under this subsection shall take effect only if funds are available. (3) The training program established under this section shall be known as the "Barbara Broyles Training Program". Amended by Act 2021, No. 1017,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1881, eff. 7/24/2019. Amended by Act 2019, No. 1059,§ 2, eff. 7/24/2019. Acts 1987, No. 689, § 3; 2005, No. 1184, § 1.

(a) The Department of Human Services shall promulgate rules necessary to implement an aide training program for all long-term care facilities in this state, to prescribe in-service training programs, and to enforce compliance with those programs.

(b) (1) The rules shall require training programs to: (A) Provide no fewer than ninety (90) clock hours of training; (B) Include in those ninety (90) clock hours no fewer than fifteen (15) clock hours of training specific to Alzheimer's disease and related dementia; and (C) Have only one (1) primary instructor for each course. (2) The training programs required under this subsection shall take effect only if funds are available. (3) The training program established under this section shall be known as the "Barbara Broyles Training Program".

(1) The rules shall require training programs to: (A) Provide no fewer than ninety (90) clock hours of training; (B) Include in those ninety (90) clock hours no fewer than fifteen (15) clock hours of training specific to Alzheimer's disease and related dementia; and (C) Have only one (1) primary instructor for each course.

(A) Provide no fewer than ninety (90) clock hours of training;

(B) Include in those ninety (90) clock hours no fewer than fifteen (15) clock hours of training specific to Alzheimer's disease and related dementia; and

(C) Have only one (1) primary instructor for each course.

(2) The training programs required under this subsection shall take effect only if funds are available.

(3) The training program established under this section shall be known as the "Barbara Broyles Training Program".

Amended by Act 2021, No. 1017,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1881, eff. 7/24/2019.

Amended by Act 2019, No. 1059,§ 2, eff. 7/24/2019.

Acts 1987, No. 689, § 3; 2005, No. 1184, § 1.
Ark. Code Ann. § 20-7-404 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-404
Approval of construction
Status: in_force

(a) (1) The laboratory shall be constructed subject to approval by the State Board of Health. (2) The board may take such action as may be appropriate for the renovation of the building and any facilities necessarily related to the building. (b) Subject to the approval of the board, the plans, specifications, and estimates of cost for the laboratory and renovation of the building shall be developed by the Secretary of the Department of Health, and the secretary may employ architects and other like professional and technical assistance as determined to be necessary for the construction of the laboratory and renovation of the building. (c) The board and the secretary may take such action as may be appropriate for the construction of the laboratory and renovation of the building to accomplish the purposes of this subchapter and may engage legal, technical, and other assistance as necessary. Amended by Act 2019, No. 910,§ 4944, eff. 7/1/2019. Acts 2003, No. 1723, § 4.

(a) (1) The laboratory shall be constructed subject to approval by the State Board of Health. (2) The board may take such action as may be appropriate for the renovation of the building and any facilities necessarily related to the building.

(1) The laboratory shall be constructed subject to approval by the State Board of Health.

(2) The board may take such action as may be appropriate for the renovation of the building and any facilities necessarily related to the building.

(b) Subject to the approval of the board, the plans, specifications, and estimates of cost for the laboratory and renovation of the building shall be developed by the Secretary of the Department of Health, and the secretary may employ architects and other like professional and technical assistance as determined to be necessary for the construction of the laboratory and renovation of the building.

(c) The board and the secretary may take such action as may be appropriate for the construction of the laboratory and renovation of the building to accomplish the purposes of this subchapter and may engage legal, technical, and other assistance as necessary.

Amended by Act 2019, No. 910,§ 4944, eff. 7/1/2019.

Acts 2003, No. 1723, § 4.
Ark. Code Ann. § 20-15-702 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-702
Penalty
Status: in_force

Any person who violates any of the provisions of this subchapter shall be guilty of a violation and upon conviction shall pay a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100). Acts 1955, No. 161, § 14; A.S.A. 1947, § 82-624; Acts 2005, No. 1994, § 189.

Any person who violates any of the provisions of this subchapter shall be guilty of a violation and upon conviction shall pay a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).

Acts 1955, No. 161, § 14; A.S.A. 1947, § 82-624; Acts 2005, No. 1994, § 189.
Ark. Code Ann. § 20-49-204 — AR Code / Title 20 / Chapter 49 / Subchapter 2 / Section 20-49-204
Hearing
Status: in_force

(a) (1) In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) witness may be by written statement. (2) If the alleged incompetent person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or a hospital or a penal institution, one (1) of the medical witnesses shall be a member of the medical staff of the hospital or institution. (3) The court in its discretion may appoint one (1) or more qualified medical examiners to examine the alleged incompetent person and report to the court under oath their findings with respect to the incompetent. The report shall be considered with other evidence in the case. (4) The court shall fix the fees to be paid the examiners, which shall be charged as part of the costs of the proceeding. (b) The alleged incompetent person shall be entitled to appear at the hearing unless two (2) qualified medical witnesses certify to the court that his or her appearance would result in extreme danger to himself or herself and others, to be represented by legal counsel, to present witnesses, to cross-examine witnesses, and otherwise to defend against the statements and allegations of the petition as in other cases at law or in equity. (c) The court in its order shall set forth in writing separate findings as to each of the statements and allegations contained in the petition. (d) A complete and written record shall be made and kept of all proceedings under this chapter. (e) (1) The costs of the proceeding shall be paid by the petitioner. (2) The petitioner may be reimbursed for costs out of the estate of the alleged incompetent, as ordered by the court. Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.

(a) (1) In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) witness may be by written statement. (2) If the alleged incompetent person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or a hospital or a penal institution, one (1) of the medical witnesses shall be a member of the medical staff of the hospital or institution. (3) The court in its discretion may appoint one (1) or more qualified medical examiners to examine the alleged incompetent person and report to the court under oath their findings with respect to the incompetent. The report shall be considered with other evidence in the case. (4) The court shall fix the fees to be paid the examiners, which shall be charged as part of the costs of the proceeding.

(1) In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) witness may be by written statement.

(2) If the alleged incompetent person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or a hospital or a penal institution, one (1) of the medical witnesses shall be a member of the medical staff of the hospital or institution.

(3) The court in its discretion may appoint one (1) or more qualified medical examiners to examine the alleged incompetent person and report to the court under oath their findings with respect to the incompetent. The report shall be considered with other evidence in the case.

(4) The court shall fix the fees to be paid the examiners, which shall be charged as part of the costs of the proceeding.

(b) The alleged incompetent person shall be entitled to appear at the hearing unless two (2) qualified medical witnesses certify to the court that his or her appearance would result in extreme danger to himself or herself and others, to be represented by legal counsel, to present witnesses, to cross-examine witnesses, and otherwise to defend against the statements and allegations of the petition as in other cases at law or in equity.

(c) The court in its order shall set forth in writing separate findings as to each of the statements and allegations contained in the petition.

(d) A complete and written record shall be made and kept of all proceedings under this chapter.

(e) (1) The costs of the proceeding shall be paid by the petitioner. (2) The petitioner may be reimbursed for costs out of the estate of the alleged incompetent, as ordered by the court.

(1) The costs of the proceeding shall be paid by the petitioner.

(2) The petitioner may be reimbursed for costs out of the estate of the alleged incompetent, as ordered by the court.

Acts 1971, No. 433, ch. 5, § 1; A.S.A. 1947, § 59-501.
Ark. Code Ann. § 20-13-505 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-505
Authority of secretary
Status: in_force

(a) The Secretary of the Department of Health may: (1) Employ any coordination measures necessary to effectuate the purposes of this subchapter within and among the responsible components; (2) Engage in any educational program or effort undertaken in partnership with county or municipal governmental agencies or other groups if, in his or her judgment, such activity would effectuate the purposes of this subchapter; (3) Authorize any component within the PC-DI-TL services system to employ experts and consultants and compensate those individuals at rates determined by the secretary in consultation with component representatives of the University of Arkansas for Medical Sciences; and (4) Engage in programs of experimental or demonstration research. (b) Additionally, the secretary may accept and administer loans, grants, or other funds and gifts, conditional or otherwise, from the United States Government and any other public or private sources. In all such transactions, the PC-DI-TL system shall remain unitary, and the secretary shall allow no function which might require the separation of the components. (c) The secretary shall have full authority, in consultation with the two (2) University of Arkansas for Medical Sciences components of the PC-DI-TL system, to formulate, promulgate, adopt, amend, and enforce rules, regulations, and regulatory standards necessary to effectuate this subchapter in a way consistent with § 10-3-309 . Amended by Act 2019, No. 389,§ 25, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4982, eff. 7/1/2019. Acts 1975, No. 600, §§ 6, 7; A.S.A. 1947, §§ 82-3506, 82-3507.

(a) The Secretary of the Department of Health may: (1) Employ any coordination measures necessary to effectuate the purposes of this subchapter within and among the responsible components; (2) Engage in any educational program or effort undertaken in partnership with county or municipal governmental agencies or other groups if, in his or her judgment, such activity would effectuate the purposes of this subchapter; (3) Authorize any component within the PC-DI-TL services system to employ experts and consultants and compensate those individuals at rates determined by the secretary in consultation with component representatives of the University of Arkansas for Medical Sciences; and (4) Engage in programs of experimental or demonstration research.

(1) Employ any coordination measures necessary to effectuate the purposes of this subchapter within and among the responsible components;

(2) Engage in any educational program or effort undertaken in partnership with county or municipal governmental agencies or other groups if, in his or her judgment, such activity would effectuate the purposes of this subchapter;

(3) Authorize any component within the PC-DI-TL services system to employ experts and consultants and compensate those individuals at rates determined by the secretary in consultation with component representatives of the University of Arkansas for Medical Sciences; and

(4) Engage in programs of experimental or demonstration research.

(b) Additionally, the secretary may accept and administer loans, grants, or other funds and gifts, conditional or otherwise, from the United States Government and any other public or private sources. In all such transactions, the PC-DI-TL system shall remain unitary, and the secretary shall allow no function which might require the separation of the components.

(c) The secretary shall have full authority, in consultation with the two (2) University of Arkansas for Medical Sciences components of the PC-DI-TL system, to formulate, promulgate, adopt, amend, and enforce rules, regulations, and regulatory standards necessary to effectuate this subchapter in a way consistent with § 10-3-309 .

Amended by Act 2019, No. 389,§ 25, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4982, eff. 7/1/2019.

Acts 1975, No. 600, §§ 6, 7; A.S.A. 1947, §§ 82-3506, 82-3507.
Ark. Code Ann. § 20-16-2408 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2408
Medical record audit procedure
Status: in_force

(a) The Department of Health shall audit abortion facilities and persons performing abortions to ensure compliance with this subchapter. (b) An audit under subsection (a) of this section shall: (1) Be at a random, unannounced, and reasonable time; (2) Occur at least one (1) time each year for each abortion facility and person who performs abortions; and (3) Consist of: (A) A review of the medical records of no less than ten percent (10%) of the women who obtained an abortion since the last audit was performed; and (B) A verification and confirmation that the person performing the abortion fully complied with the requirements of § 20-16-2407(b) . (c) If the department finds that more than five percent (5%) of the audited medical records indicate noncompliance with the requirements of § 20-16-2407(b) , the department shall audit the remainder of the medical records of the women who received abortions since the last audit was performed. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

(a) The Department of Health shall audit abortion facilities and persons performing abortions to ensure compliance with this subchapter.

(b) An audit under subsection (a) of this section shall: (1) Be at a random, unannounced, and reasonable time; (2) Occur at least one (1) time each year for each abortion facility and person who performs abortions; and (3) Consist of: (A) A review of the medical records of no less than ten percent (10%) of the women who obtained an abortion since the last audit was performed; and (B) A verification and confirmation that the person performing the abortion fully complied with the requirements of § 20-16-2407(b) .

(1) Be at a random, unannounced, and reasonable time;

(2) Occur at least one (1) time each year for each abortion facility and person who performs abortions; and

(3) Consist of: (A) A review of the medical records of no less than ten percent (10%) of the women who obtained an abortion since the last audit was performed; and (B) A verification and confirmation that the person performing the abortion fully complied with the requirements of § 20-16-2407(b) .

(A) A review of the medical records of no less than ten percent (10%) of the women who obtained an abortion since the last audit was performed; and

(B) A verification and confirmation that the person performing the abortion fully complied with the requirements of § 20-16-2407(b) .

(c) If the department finds that more than five percent (5%) of the audited medical records indicate noncompliance with the requirements of § 20-16-2407(b) , the department shall audit the remainder of the medical records of the women who received abortions since the last audit was performed.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-46-703 — AR Code / Title 20 / Chapter 46 / Subchapter 7 / Section 20-46-703
Surveys of program providers
Status: in_force

(a) The survey team shall: (1) Conduct an exit conference during every survey; (2) Allow electronic signatures and dates and dictated dates to serve as service delivery documentation; (3) To the extent possible, conduct patient interviews in a manner that does not disrupt patient care or suggest a particular response from the interviewee; (4) Conduct follow-up surveys on an accelerated schedule only upon a finding that a program provider is not in substantial compliance with applicable laws and rules; and (5) (A) Allow the program provider the option to submit to the surveyor within one (1) working day of an entrance interview a written summary of incident and accident reports instead of the actual reports. (B) The requirements of subdivision (a)(5)(A) of this section shall not prevent the Department of Human Services from accessing all records related to the survey within any time frames established by federal law or regulation. (b) A corrective action response shall be submitted to the survey team within thirty (30) days after the program provider receives the report, but the time allowed for submitting the corrective action response shall be extended up to sixty (60) days upon request of the program provider. (c) For purposes of compliance with the Arkansas Medicaid Program, program providers shall be prohibited from reporting serious occurrences to another entity other than the department and, if applicable, to the Centers for Medicare & Medicaid Services. (d) The Secretary of the Department of Human Services shall ensure that the department complies with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and with § 20-77-107 in regard to all surveys of program providers. Amended by Act 2019, No. 315,§ 2143, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5199, eff. 7/1/2019. Acts 2005, No. 1885, § 1.

(a) The survey team shall: (1) Conduct an exit conference during every survey; (2) Allow electronic signatures and dates and dictated dates to serve as service delivery documentation; (3) To the extent possible, conduct patient interviews in a manner that does not disrupt patient care or suggest a particular response from the interviewee; (4) Conduct follow-up surveys on an accelerated schedule only upon a finding that a program provider is not in substantial compliance with applicable laws and rules; and (5) (A) Allow the program provider the option to submit to the surveyor within one (1) working day of an entrance interview a written summary of incident and accident reports instead of the actual reports. (B) The requirements of subdivision (a)(5)(A) of this section shall not prevent the Department of Human Services from accessing all records related to the survey within any time frames established by federal law or regulation.

(1) Conduct an exit conference during every survey;

(2) Allow electronic signatures and dates and dictated dates to serve as service delivery documentation;

(3) To the extent possible, conduct patient interviews in a manner that does not disrupt patient care or suggest a particular response from the interviewee;

(4) Conduct follow-up surveys on an accelerated schedule only upon a finding that a program provider is not in substantial compliance with applicable laws and rules; and

(5) (A) Allow the program provider the option to submit to the surveyor within one (1) working day of an entrance interview a written summary of incident and accident reports instead of the actual reports. (B) The requirements of subdivision (a)(5)(A) of this section shall not prevent the Department of Human Services from accessing all records related to the survey within any time frames established by federal law or regulation.

(A) Allow the program provider the option to submit to the surveyor within one (1) working day of an entrance interview a written summary of incident and accident reports instead of the actual reports.

(B) The requirements of subdivision (a)(5)(A) of this section shall not prevent the Department of Human Services from accessing all records related to the survey within any time frames established by federal law or regulation.

(b) A corrective action response shall be submitted to the survey team within thirty (30) days after the program provider receives the report, but the time allowed for submitting the corrective action response shall be extended up to sixty (60) days upon request of the program provider.

(c) For purposes of compliance with the Arkansas Medicaid Program, program providers shall be prohibited from reporting serious occurrences to another entity other than the department and, if applicable, to the Centers for Medicare & Medicaid Services.

(d) The Secretary of the Department of Human Services shall ensure that the department complies with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and with § 20-77-107 in regard to all surveys of program providers.

Amended by Act 2019, No. 315,§ 2143, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5199, eff. 7/1/2019.

Acts 2005, No. 1885, § 1.
Ark. Code Ann. § 20-13-403 — AR Code / Title 20 / Chapter 13 / Subchapter 4 / Section 20-13-403
Definitions
Status: in_force

As used in this subchapter: (1) "Authorized entity" means an entity or organization at which or in connection with which allergens capable of causing an anaphylactic reaction may be present, including without limitation: (A) A restaurant; (B) An amusement park; and (C) A sports arena; (2) "Auto-injectable epinephrine" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body; (3) "Certificate" means a certificate issued under this subchapter to authorize the receipt, possession, and administration of prescribed auto-injectable epinephrine; (4) "Expected user" means an authorized entity's employee or agent who is responsible for the storage, maintenance, and general supervision of auto-injectable epinephrine acquired by the authorized entity; (5) "Healthcare professional" means a licensed physician, chiropractor, dentist, optometrist, podiatrist, or other licensed healthcare professional; (6) "Physician" means an individual licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; and (7) "Self-administration" means a person's discretionary use of auto-injectable epinephrine pursuant to a prescription or written direction from a healthcare professional. Amended by Act 2015, No. 1108,§ 1, eff. 7/22/2015. Acts 1983, No. 436, § 3; A.S.A. 1947, § 82-4503.

As used in this subchapter:

(1) "Authorized entity" means an entity or organization at which or in connection with which allergens capable of causing an anaphylactic reaction may be present, including without limitation: (A) A restaurant; (B) An amusement park; and (C) A sports arena;

(A) A restaurant;

(B) An amusement park; and

(C) A sports arena;

(2) "Auto-injectable epinephrine" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body;

(3) "Certificate" means a certificate issued under this subchapter to authorize the receipt, possession, and administration of prescribed auto-injectable epinephrine;

(4) "Expected user" means an authorized entity's employee or agent who is responsible for the storage, maintenance, and general supervision of auto-injectable epinephrine acquired by the authorized entity;

(5) "Healthcare professional" means a licensed physician, chiropractor, dentist, optometrist, podiatrist, or other licensed healthcare professional;

(6) "Physician" means an individual licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; and

(7) "Self-administration" means a person's discretionary use of auto-injectable epinephrine pursuant to a prescription or written direction from a healthcare professional.

Amended by Act 2015, No. 1108,§ 1, eff. 7/22/2015.

Acts 1983, No. 436, § 3; A.S.A. 1947, § 82-4503.
Ark. Code Ann. § 20-23-309 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-309
New boilers and unfired pressure vessels - Penalty
Status: in_force

Every manufacturer, jobber, dealer, or individual selling or offering for sale or operating any boiler or unfired pressure vessel or installing any pressure piping that does not meet the requirements of the rules adopted under this chapter shall be guilty of a felony and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and in addition may be imprisoned for not more than three (3) years, or both. Amended by Act 2019, No. 315,§ 2054, eff. 7/24/2019. Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1993, No. 477, § 7.

Every manufacturer, jobber, dealer, or individual selling or offering for sale or operating any boiler or unfired pressure vessel or installing any pressure piping that does not meet the requirements of the rules adopted under this chapter shall be guilty of a felony and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and in addition may be imprisoned for not more than three (3) years, or both.

Amended by Act 2019, No. 315,§ 2054, eff. 7/24/2019.

Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1993, No. 477, § 7.
Ark. Code Ann. § 20-64-310 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-310
Depressant and stimulant drugs - Sale, delivery, or disposal prohibited - Exceptions
Status: in_force

No person shall sell, deliver, or otherwise dispose of any depressant or stimulant drug or counterfeit drug to any other person unless that person is: (1) A person described in § 20-64-309 , while the person is acting in the ordinary and authorized course of his or her business, profession, occupation, or employment; or (2) A common or contract carrier or warehouser, or an employee thereof, whose possession of any depressant or stimulant drug or counterfeit drug is in the usual course of his or her business or employment as such. Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.

No person shall sell, deliver, or otherwise dispose of any depressant or stimulant drug or counterfeit drug to any other person unless that person is:

(1) A person described in § 20-64-309 , while the person is acting in the ordinary and authorized course of his or her business, profession, occupation, or employment; or

(2) A common or contract carrier or warehouser, or an employee thereof, whose possession of any depressant or stimulant drug or counterfeit drug is in the usual course of his or her business or employment as such.

Acts 1967, No. 492, § 7; A.S.A. 1947, § 82-2107.
Ark. Code Ann. § 20-20-216 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-216
Handling of pesticides and containers - Rules
Status: in_force

(a) No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any waterway in any way harmful to any wildlife therein. (b) The State Plant Board may promulgate rules governing the storage and disposal of pesticides or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency. Amended by Act 2019, No. 315,§ 1994, eff. 7/24/2019. Acts 1975, No. 389, § 17; A.S.A. 1947, § 77-267.

(a) No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any waterway in any way harmful to any wildlife therein.

(b) The State Plant Board may promulgate rules governing the storage and disposal of pesticides or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency.

Amended by Act 2019, No. 315,§ 1994, eff. 7/24/2019.

Acts 1975, No. 389, § 17; A.S.A. 1947, § 77-267.
Ark. Code Ann. § 20-13-507 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-507
Structure and design of program
Status: in_force

(a) (1) (A) The time-response design shall embrace two (2) broad, major, selective categories inherent in the threat of human danger posed by injudicious use or misuse of dangerous substances. (B) A Category I response shall be delivered within six (6) hours after receipt of the sample to be identified. (C) A Category II response shall be delivered within twelve (12) hours after receipt of the sample to be identified. (D) All responses shall be followed in each instance by a written confirmation report at the earliest practicable date. (2) Determinative category substances shall be: CATEGORY I (6 hrs.) CATEGORY II (12 hrs.) 1) barbiturates 1) pesticides 2) narcotics 2) heavy metals 3) amphetamines 3) other substances 4) salicylates 5) phenothiazine 6) alcohol 7) chloral hydrate 8) Librium 9) Valium 10) Placidyl 11) Meprobamate 12) Methaqualone 13) Glutethimide 14) other drugs (b) Under the authority of this subchapter, participating hospital emergency room personnel shall be qualified and trained to use spot tests and thin-layer chromatography in conducting blood and urine presumptive chemical tests for drugs and harmful chemicals as well as quick scanning examinations for common drugs such as narcotics, barbiturates, amphetamines, and salicylates. (c) Program design includes efficient supporting recordkeeping and reporting measures within the communications network. (d) Though this program shall at all times function as a unitary system of services to Arkansas medical and allied health professionals, it shall embrace three (3) permanent components: (1) The College of Pharmacy of the University of Arkansas for Medical Sciences which is charged with emergency poison and drug information responsibility; (2) The UAMS-Library which is charged with nonemergency poison and drug information responsibility; and (3) The Chemistry Branch of the public health laboratory of the Department of Health which is charged with the emergency toxicological laboratory services responsibility. Acts 1975, No. 600, § 2; A.S.A. 1947, § 82-3502.

(a) (1) (A) The time-response design shall embrace two (2) broad, major, selective categories inherent in the threat of human danger posed by injudicious use or misuse of dangerous substances. (B) A Category I response shall be delivered within six (6) hours after receipt of the sample to be identified. (C) A Category II response shall be delivered within twelve (12) hours after receipt of the sample to be identified. (D) All responses shall be followed in each instance by a written confirmation report at the earliest practicable date. (2) Determinative category substances shall be: CATEGORY I (6 hrs.) CATEGORY II (12 hrs.) 1) barbiturates 1) pesticides 2) narcotics 2) heavy metals 3) amphetamines 3) other substances 4) salicylates 5) phenothiazine 6) alcohol 7) chloral hydrate 8) Librium 9) Valium 10) Placidyl 11) Meprobamate 12) Methaqualone 13) Glutethimide 14) other drugs

(1) (A) The time-response design shall embrace two (2) broad, major, selective categories inherent in the threat of human danger posed by injudicious use or misuse of dangerous substances. (B) A Category I response shall be delivered within six (6) hours after receipt of the sample to be identified. (C) A Category II response shall be delivered within twelve (12) hours after receipt of the sample to be identified. (D) All responses shall be followed in each instance by a written confirmation report at the earliest practicable date.

(A) The time-response design shall embrace two (2) broad, major, selective categories inherent in the threat of human danger posed by injudicious use or misuse of dangerous substances.

(B) A Category I response shall be delivered within six (6) hours after receipt of the sample to be identified.

(C) A Category II response shall be delivered within twelve (12) hours after receipt of the sample to be identified.

(D) All responses shall be followed in each instance by a written confirmation report at the earliest practicable date.

(2) Determinative category substances shall be: CATEGORY I (6 hrs.) CATEGORY II (12 hrs.) 1) barbiturates 1) pesticides 2) narcotics 2) heavy metals 3) amphetamines 3) other substances 4) salicylates 5) phenothiazine 6) alcohol 7) chloral hydrate 8) Librium 9) Valium 10) Placidyl 11) Meprobamate 12) Methaqualone 13) Glutethimide 14) other drugs

CATEGORY I (6 hrs.) CATEGORY II (12 hrs.) 1) barbiturates 1) pesticides 2) narcotics 2) heavy metals 3) amphetamines 3) other substances 4) salicylates 5) phenothiazine 6) alcohol 7) chloral hydrate 8) Librium 9) Valium 10) Placidyl 11) Meprobamate 12) Methaqualone 13) Glutethimide 14) other drugs

CATEGORY I

(6 hrs.)

CATEGORY II

(12 hrs.)

1) barbiturates

1) pesticides

2) narcotics

2) heavy metals

3) amphetamines

3) other substances

4) salicylates

5) phenothiazine

6) alcohol

7) chloral hydrate

8) Librium

9) Valium

10) Placidyl

11) Meprobamate

12) Methaqualone

13) Glutethimide

14) other drugs

(b) Under the authority of this subchapter, participating hospital emergency room personnel shall be qualified and trained to use spot tests and thin-layer chromatography in conducting blood and urine presumptive chemical tests for drugs and harmful chemicals as well as quick scanning examinations for common drugs such as narcotics, barbiturates, amphetamines, and salicylates.

(c) Program design includes efficient supporting recordkeeping and reporting measures within the communications network.

(d) Though this program shall at all times function as a unitary system of services to Arkansas medical and allied health professionals, it shall embrace three (3) permanent components: (1) The College of Pharmacy of the University of Arkansas for Medical Sciences which is charged with emergency poison and drug information responsibility; (2) The UAMS-Library which is charged with nonemergency poison and drug information responsibility; and (3) The Chemistry Branch of the public health laboratory of the Department of Health which is charged with the emergency toxicological laboratory services responsibility.

(1) The College of Pharmacy of the University of Arkansas for Medical Sciences which is charged with emergency poison and drug information responsibility;

(2) The UAMS-Library which is charged with nonemergency poison and drug information responsibility; and

(3) The Chemistry Branch of the public health laboratory of the Department of Health which is charged with the emergency toxicological laboratory services responsibility.

Acts 1975, No. 600, § 2; A.S.A. 1947, § 82-3502.
Ark. Code Ann. § 20-64-207 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-207
Professional use of narcotic drugs
Status: in_force

(1) Physicians and Dentists. A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, and dispense narcotic drugs, or he may cause the same to be administered by a nurse or intern under his direction and supervision. (2) Veterinarians. A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision. (3) Return of Unused Drugs. Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian, shall return to such physician, dentist, or veterinarian any unused portion of such drug, when it is no longer required by the patient. Acts 1937, No. 344, § 7; Pope's Dig., § 10132; A.S.A. 1947, § 82-1007.

(1) Physicians and Dentists. A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, and dispense narcotic drugs, or he may cause the same to be administered by a nurse or intern under his direction and supervision.

(2) Veterinarians. A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision.

(3) Return of Unused Drugs. Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian, shall return to such physician, dentist, or veterinarian any unused portion of such drug, when it is no longer required by the patient.

Acts 1937, No. 344, § 7; Pope's Dig., § 10132; A.S.A. 1947, § 82-1007.
Ark. Code Ann. § 20-19-104 — AR Code / Title 20 / Chapter 19 / Subchapter 1 / Section 20-19-104
Voluntary certification program
Status: in_force

(a) The Department of Health shall establish a voluntary certification program for animal control officers, animal shelters, and other humane society counterparts. (b) The certification shall be based upon courses recommended by the National Animal Care and Control Association or its equivalent. (c) Certification of animal shelters shall be based upon compliance with shelter standards published by the Humane Society of the United States. (d) Training shall be administered by the Arkansas State Animal Control Association in cooperation with the department and utilizing qualified experts, including, but not limited to, licensed veterinarians and persons holding professional registrations or certifications in the appropriate areas of expertise. Acts 2001, No. 1663, § 1.

(a) The Department of Health shall establish a voluntary certification program for animal control officers, animal shelters, and other humane society counterparts.

(b) The certification shall be based upon courses recommended by the National Animal Care and Control Association or its equivalent.

(c) Certification of animal shelters shall be based upon compliance with shelter standards published by the Humane Society of the United States.

(d) Training shall be administered by the Arkansas State Animal Control Association in cooperation with the department and utilizing qualified experts, including, but not limited to, licensed veterinarians and persons holding professional registrations or certifications in the appropriate areas of expertise.

Acts 2001, No. 1663, § 1.
Ark. Code Ann. § 20-64-828 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-828
Presumption of competency
Status: in_force

No person admitted voluntarily or committed involuntarily to a receiving facility or program under this subchapter shall be considered incompetent per se by virtue of the admission or commitment. Acts 1989 (3rd Ex. Sess.), No. 10, § 16.

No person admitted voluntarily or committed involuntarily to a receiving facility or program under this subchapter shall be considered incompetent per se by virtue of the admission or commitment.

Acts 1989 (3rd Ex. Sess.), No. 10, § 16.
Ark. Code Ann. § 20-81-101 — AR Code / Title 20 / Chapter 81 / Section 20-81-101
Arkansas Veterans' Child Welfare Service
Status: in_force

(a) (1) There is established the Arkansas Veterans' Child Welfare Service. (2) The Arkansas Veterans' Child Welfare Service shall be under the direction of a director to be named by the Governor upon written recommendation by the governing body of the American Legion - Department of Arkansas Foundation, Inc. (3) The Director of the Arkansas Veterans' Child Welfare Service shall serve at the pleasure of the Governor. (4) The director shall report to the Secretary of the Department of Veterans Affairs. (b) (1) The Arkansas Veterans' Child Welfare Service shall establish a program of furnishing temporary and interim welfare and rehabilitation services and assistance for minor children of honorably discharged Arkansas veterans who are deceased or medically incapacitated. (2) The Arkansas Veterans' Child Welfare Service is authorized to enter into contracts and agreements with one (1) or more veterans' organizations in this state, with private individuals or corporations, or with the United States Government for the sharing of facilities or services and for the administration of funds in furtherance of veterans' child welfare services. (c) Funds granted to the Arkansas Veterans' Child Welfare Service, other than state-appropriated funds, may be deposited into one (1) or more bank accounts in banks in this state and shall be administered in accordance with purposes for which the funds were granted as authorized in this section. Amended by Act 2019, No. 910,§ 6329, eff. 7/1/2019. Acts 1969, No. 189, § 1; A.S.A. 1947, § 11-1409; Acts 1997, No. 100, § 1.

(a) (1) There is established the Arkansas Veterans' Child Welfare Service. (2) The Arkansas Veterans' Child Welfare Service shall be under the direction of a director to be named by the Governor upon written recommendation by the governing body of the American Legion - Department of Arkansas Foundation, Inc. (3) The Director of the Arkansas Veterans' Child Welfare Service shall serve at the pleasure of the Governor. (4) The director shall report to the Secretary of the Department of Veterans Affairs.

(1) There is established the Arkansas Veterans' Child Welfare Service.

(2) The Arkansas Veterans' Child Welfare Service shall be under the direction of a director to be named by the Governor upon written recommendation by the governing body of the American Legion - Department of Arkansas Foundation, Inc.

(3) The Director of the Arkansas Veterans' Child Welfare Service shall serve at the pleasure of the Governor.

(4) The director shall report to the Secretary of the Department of Veterans Affairs.

(b) (1) The Arkansas Veterans' Child Welfare Service shall establish a program of furnishing temporary and interim welfare and rehabilitation services and assistance for minor children of honorably discharged Arkansas veterans who are deceased or medically incapacitated. (2) The Arkansas Veterans' Child Welfare Service is authorized to enter into contracts and agreements with one (1) or more veterans' organizations in this state, with private individuals or corporations, or with the United States Government for the sharing of facilities or services and for the administration of funds in furtherance of veterans' child welfare services.

(1) The Arkansas Veterans' Child Welfare Service shall establish a program of furnishing temporary and interim welfare and rehabilitation services and assistance for minor children of honorably discharged Arkansas veterans who are deceased or medically incapacitated.

(2) The Arkansas Veterans' Child Welfare Service is authorized to enter into contracts and agreements with one (1) or more veterans' organizations in this state, with private individuals or corporations, or with the United States Government for the sharing of facilities or services and for the administration of funds in furtherance of veterans' child welfare services.

(c) Funds granted to the Arkansas Veterans' Child Welfare Service, other than state-appropriated funds, may be deposited into one (1) or more bank accounts in banks in this state and shall be administered in accordance with purposes for which the funds were granted as authorized in this section.

Amended by Act 2019, No. 910,§ 6329, eff. 7/1/2019.

Acts 1969, No. 189, § 1; A.S.A. 1947, § 11-1409; Acts 1997, No. 100, § 1.