Ark. Code Ann. § 20-9-911 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-911
Revocation or denial of certificate
Status: in_force

(a) The State Board of Health may revoke or deny a certificate if the holder does not comply with performance assurances under this section, violates any provision of this subchapter, or violates any rule adopted pursuant to this subchapter. (b) The board shall deny a certificate to any applicant if upon review of the application the board finds that the applicant proposing to conduct a utilization review does not: (1) Have available the services of a sufficient number of qualified medical professionals supported and supervised by appropriate physicians to carry out its utilization review activities; (2) Meet any applicable rules the board adopted under this subchapter relating to the qualifications of private review agents or the performance of utilization review; and (3) Provide assurances satisfactory to the board that: (A) The procedure and policies of the private review agent will protect the confidentiality of medical records; and (B) The review agent will be reasonably accessible to patients and providers for five (5) working days a week during normal business hours in this state. Amended by Act 2019, No. 315,§ 1856, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1855, eff. 7/24/2019. Acts 1989, No. 537, § 8.

(a) The State Board of Health may revoke or deny a certificate if the holder does not comply with performance assurances under this section, violates any provision of this subchapter, or violates any rule adopted pursuant to this subchapter.

(b) The board shall deny a certificate to any applicant if upon review of the application the board finds that the applicant proposing to conduct a utilization review does not: (1) Have available the services of a sufficient number of qualified medical professionals supported and supervised by appropriate physicians to carry out its utilization review activities; (2) Meet any applicable rules the board adopted under this subchapter relating to the qualifications of private review agents or the performance of utilization review; and (3) Provide assurances satisfactory to the board that: (A) The procedure and policies of the private review agent will protect the confidentiality of medical records; and (B) The review agent will be reasonably accessible to patients and providers for five (5) working days a week during normal business hours in this state.

(1) Have available the services of a sufficient number of qualified medical professionals supported and supervised by appropriate physicians to carry out its utilization review activities;

(2) Meet any applicable rules the board adopted under this subchapter relating to the qualifications of private review agents or the performance of utilization review; and

(3) Provide assurances satisfactory to the board that: (A) The procedure and policies of the private review agent will protect the confidentiality of medical records; and (B) The review agent will be reasonably accessible to patients and providers for five (5) working days a week during normal business hours in this state.

(A) The procedure and policies of the private review agent will protect the confidentiality of medical records; and

(B) The review agent will be reasonably accessible to patients and providers for five (5) working days a week during normal business hours in this state.

Amended by Act 2019, No. 315,§ 1856, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1855, eff. 7/24/2019.

Acts 1989, No. 537, § 8.
Ark. Code Ann. § 20-9-1307 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1307
[Repealed]
Status: repealed

Repealed by Act 2017, No. 975,§ 4, eff. 8/1/2017. Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.

Repealed by Act 2017, No. 975,§ 4, eff. 8/1/2017.

Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-48-404 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-404
Eligibility for admission
Status: in_force

An individual may be deemed eligible for admission to a human development center if, due to intellectual or other developmental disability, the individual is incapable of managing his or her affairs and the individual's welfare requires the special care, training, and treatment provided at a human development center. Amended by Act 2019, No. 1035,§ 27, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 62, eff. 7/24/2019. Acts 1955, No. 6, § 3; A.S.A. 1947, § 59-1103; Acts 1999, No. 1437, § 1.

An individual may be deemed eligible for admission to a human development center if, due to intellectual or other developmental disability, the individual is incapable of managing his or her affairs and the individual's welfare requires the special care, training, and treatment provided at a human development center.

Amended by Act 2019, No. 1035,§ 27, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 62, eff. 7/24/2019.

Acts 1955, No. 6, § 3; A.S.A. 1947, § 59-1103; Acts 1999, No. 1437, § 1.
Ark. Code Ann. § 20-18-402 — AR Code / Title 20 / Chapter 18 / Subchapter 4 / Section 20-18-402
Delayed registration of birth
Status: in_force

(a) When the certificate of birth of a person born in the state has not been filed within one (1) year, a delayed certificate of birth may be filed in accordance with rules of the State Board of Health. No delayed certificate shall be registered until the evidentiary requirements as specified in rules have been met. (b) The birth shall be registered on a delayed certificate of birth form and the form shall show on its face the date of registration. The delayed certificate shall contain a summary statement of the evidence submitted in support of the delayed registration. (c) No delayed certificate of birth shall be registered for a deceased person. (d) (1) When an applicant does not submit the minimum documentation required in the rules for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and, if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action. The state registrar shall further advise the applicant of his or her right of appeal to a court of competent jurisdiction. (2) The board may by rule provide for the dismissal of an application which is not actively prosecuted. Amended by Act 2019, No. 315,§ 1968, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1967, eff. 7/24/2019. Acts 1981, No. 120, § 9; A.S.A. 1947, § 82-509; Acts 1995, No. 1254, § 17.

(a) When the certificate of birth of a person born in the state has not been filed within one (1) year, a delayed certificate of birth may be filed in accordance with rules of the State Board of Health. No delayed certificate shall be registered until the evidentiary requirements as specified in rules have been met.

(b) The birth shall be registered on a delayed certificate of birth form and the form shall show on its face the date of registration. The delayed certificate shall contain a summary statement of the evidence submitted in support of the delayed registration.

(c) No delayed certificate of birth shall be registered for a deceased person.

(d) (1) When an applicant does not submit the minimum documentation required in the rules for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and, if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action. The state registrar shall further advise the applicant of his or her right of appeal to a court of competent jurisdiction. (2) The board may by rule provide for the dismissal of an application which is not actively prosecuted.

(1) When an applicant does not submit the minimum documentation required in the rules for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and, if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action. The state registrar shall further advise the applicant of his or her right of appeal to a court of competent jurisdiction.

(2) The board may by rule provide for the dismissal of an application which is not actively prosecuted.

Amended by Act 2019, No. 315,§ 1968, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1967, eff. 7/24/2019.

Acts 1981, No. 120, § 9; A.S.A. 1947, § 82-509; Acts 1995, No. 1254, § 17.
Ark. Code Ann. § 20-6-404 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-404
Visitation and support for patient with disability
Status: in_force

(a) Upon the request of a patient with a disability, a hospital, office of a healthcare professional, or hospice facility licensed in this state shall allow a patient with a disability to designate at least three (3) support persons and shall allow at least one (1) support person to be present with the patient with a disability at all times in the emergency department and during the stay of a patient with a disability in the hospital, office of a healthcare professional, or hospice facility if necessary to facilitate the care of the patient with a disability, including without limitation when the patient with a disability: (1) Has a cognitive or mental health disability that affects the ability of a patient with a disability to make medical decisions or understand medical advice; (2) Needs assistance with activities of daily living and the staff are unable to provide or are less effective at providing the assistance; (3) Is deaf, hard of hearing, or has other communication barriers and requires the assistance of a support person to ensure effective communication with staff; (4) Has behavioral health needs that the support person can address more effectively than the staff; or (5) Is making a decision to consent to treatment or refuse treatment. (b) A healthcare professional or healthcare facility shall not discriminate against a patient with a disability by requiring the patient with a disability to: (1) Execute an advance directive or a physician order for life-sustaining treatment as a condition of receiving treatment or visitation; or (2) Agree to a do-not-resuscitate or similar order as a condition of receiving treatment or visitation. (c) This section does not affect any obligation of a healthcare professional or healthcare facility to: (1) Provide patients with effective communication supports or other reasonable accommodations in accordance with federal and state laws; or (2) Make exceptions to the visitor policy of a healthcare facility as a reasonable accommodation under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as existing on January 1, 2021. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

(a) Upon the request of a patient with a disability, a hospital, office of a healthcare professional, or hospice facility licensed in this state shall allow a patient with a disability to designate at least three (3) support persons and shall allow at least one (1) support person to be present with the patient with a disability at all times in the emergency department and during the stay of a patient with a disability in the hospital, office of a healthcare professional, or hospice facility if necessary to facilitate the care of the patient with a disability, including without limitation when the patient with a disability: (1) Has a cognitive or mental health disability that affects the ability of a patient with a disability to make medical decisions or understand medical advice; (2) Needs assistance with activities of daily living and the staff are unable to provide or are less effective at providing the assistance; (3) Is deaf, hard of hearing, or has other communication barriers and requires the assistance of a support person to ensure effective communication with staff; (4) Has behavioral health needs that the support person can address more effectively than the staff; or (5) Is making a decision to consent to treatment or refuse treatment.

(1) Has a cognitive or mental health disability that affects the ability of a patient with a disability to make medical decisions or understand medical advice;

(2) Needs assistance with activities of daily living and the staff are unable to provide or are less effective at providing the assistance;

(3) Is deaf, hard of hearing, or has other communication barriers and requires the assistance of a support person to ensure effective communication with staff;

(4) Has behavioral health needs that the support person can address more effectively than the staff; or

(5) Is making a decision to consent to treatment or refuse treatment.

(b) A healthcare professional or healthcare facility shall not discriminate against a patient with a disability by requiring the patient with a disability to: (1) Execute an advance directive or a physician order for life-sustaining treatment as a condition of receiving treatment or visitation; or (2) Agree to a do-not-resuscitate or similar order as a condition of receiving treatment or visitation.

(1) Execute an advance directive or a physician order for life-sustaining treatment as a condition of receiving treatment or visitation; or

(2) Agree to a do-not-resuscitate or similar order as a condition of receiving treatment or visitation.

(c) This section does not affect any obligation of a healthcare professional or healthcare facility to: (1) Provide patients with effective communication supports or other reasonable accommodations in accordance with federal and state laws; or (2) Make exceptions to the visitor policy of a healthcare facility as a reasonable accommodation under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as existing on January 1, 2021.

(1) Provide patients with effective communication supports or other reasonable accommodations in accordance with federal and state laws; or

(2) Make exceptions to the visitor policy of a healthcare facility as a reasonable accommodation under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as existing on January 1, 2021.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-3-111 — AR Code / Title 20 / Chapter 3 / Section 20-3-111
Funds exempt from tax
Status: in_force

(a) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Achieving a Better Life Experience Program are exempt from Arkansas income taxes. (b) (1) A qualified distribution from a disability savings account established under the Achieving a Better Life Experience Program is exempt from Arkansas income tax with respect to the designated beneficiary's income. (2) (A) The earnings portion of nonqualified distributions from a disability savings account established under the Achieving a Better Life Experience Program are subject to Arkansas income tax. (B) The earnings portion of a nonqualified distribution is taxable to the designated beneficiary. (c) Earnings on a contribution that are included in a refund are subject to Arkansas income tax. (d) (1) Contributions to a disability savings account established under this chapter may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (2) (A) Deductible contributions under this subsection shall not exceed five thousand dollars ($5,000) per taxpayer in a tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation stated in subdivision (d)(2)(A) of this section, the amount of contributions in excess of the limitation stated in subdivision (d)(2)(A) of this section may be carried forward for purposes of deduction for four (4) consecutive tax years following the tax year in which the contribution was made. (3) A contribution that has been deducted from a taxpayer's income for a prior tax year under this subsection is subject to recapture if the taxpayer: (A) Takes a subsequent nonqualified distribution from the account; or (B) Rolls the account over to a tax-deferred savings program established by another state or institution under 26 U.S.C. § 529A . (4) A contribution that is subject to recapture under this subsection shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified distribution, to the taxpayer's adjusted gross income for the tax year in which the nonqualified distribution occurred. Amended by Act 2021, No. 882,§ 1, eff. for tax years beginning on or after January 1, 2021. Amended by Act 2019, No. 825,§ 1, eff. for tax years beginning on or after 1/1/2019. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

(a) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Achieving a Better Life Experience Program are exempt from Arkansas income taxes.

(b) (1) A qualified distribution from a disability savings account established under the Achieving a Better Life Experience Program is exempt from Arkansas income tax with respect to the designated beneficiary's income. (2) (A) The earnings portion of nonqualified distributions from a disability savings account established under the Achieving a Better Life Experience Program are subject to Arkansas income tax. (B) The earnings portion of a nonqualified distribution is taxable to the designated beneficiary.

(1) A qualified distribution from a disability savings account established under the Achieving a Better Life Experience Program is exempt from Arkansas income tax with respect to the designated beneficiary's income.

(2) (A) The earnings portion of nonqualified distributions from a disability savings account established under the Achieving a Better Life Experience Program are subject to Arkansas income tax. (B) The earnings portion of a nonqualified distribution is taxable to the designated beneficiary.

(A) The earnings portion of nonqualified distributions from a disability savings account established under the Achieving a Better Life Experience Program are subject to Arkansas income tax.

(B) The earnings portion of a nonqualified distribution is taxable to the designated beneficiary.

(c) Earnings on a contribution that are included in a refund are subject to Arkansas income tax.

(d) (1) Contributions to a disability savings account established under this chapter may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (2) (A) Deductible contributions under this subsection shall not exceed five thousand dollars ($5,000) per taxpayer in a tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation stated in subdivision (d)(2)(A) of this section, the amount of contributions in excess of the limitation stated in subdivision (d)(2)(A) of this section may be carried forward for purposes of deduction for four (4) consecutive tax years following the tax year in which the contribution was made. (3) A contribution that has been deducted from a taxpayer's income for a prior tax year under this subsection is subject to recapture if the taxpayer: (A) Takes a subsequent nonqualified distribution from the account; or (B) Rolls the account over to a tax-deferred savings program established by another state or institution under 26 U.S.C. § 529A . (4) A contribution that is subject to recapture under this subsection shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified distribution, to the taxpayer's adjusted gross income for the tax year in which the nonqualified distribution occurred.

(1) Contributions to a disability savings account established under this chapter may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) .

(2) (A) Deductible contributions under this subsection shall not exceed five thousand dollars ($5,000) per taxpayer in a tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation stated in subdivision (d)(2)(A) of this section, the amount of contributions in excess of the limitation stated in subdivision (d)(2)(A) of this section may be carried forward for purposes of deduction for four (4) consecutive tax years following the tax year in which the contribution was made.

(A) Deductible contributions under this subsection shall not exceed five thousand dollars ($5,000) per taxpayer in a tax year.

(B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation stated in subdivision (d)(2)(A) of this section, the amount of contributions in excess of the limitation stated in subdivision (d)(2)(A) of this section may be carried forward for purposes of deduction for four (4) consecutive tax years following the tax year in which the contribution was made.

(3) A contribution that has been deducted from a taxpayer's income for a prior tax year under this subsection is subject to recapture if the taxpayer: (A) Takes a subsequent nonqualified distribution from the account; or (B) Rolls the account over to a tax-deferred savings program established by another state or institution under 26 U.S.C. § 529A .

(A) Takes a subsequent nonqualified distribution from the account; or

(B) Rolls the account over to a tax-deferred savings program established by another state or institution under 26 U.S.C. § 529A .

(4) A contribution that is subject to recapture under this subsection shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified distribution, to the taxpayer's adjusted gross income for the tax year in which the nonqualified distribution occurred.

Amended by Act 2021, No. 882,§ 1, eff. for tax years beginning on or after January 1, 2021.

Amended by Act 2019, No. 825,§ 1, eff. for tax years beginning on or after 1/1/2019.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-77-1707 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1707
Prior authorizations - Retrospective reviews
Status: in_force

If the Department of Human Services requires a provider to justify the medical necessity of a service through prior authorization, the department shall not later take the position that the services were not medically necessary, unless the retrospective review establishes that: (1) The previous authorization was based upon misrepresentation by act or omission; (2) The services billed were not provided; or (3) An unexpected change occurred that rendered the prior-authorized care not medically necessary. Amended by Act 2013, No. 562,§ 5, eff. 8/16/2013. Acts 2005, No. 1758, § 1.

If the Department of Human Services requires a provider to justify the medical necessity of a service through prior authorization, the department shall not later take the position that the services were not medically necessary, unless the retrospective review establishes that:

(1) The previous authorization was based upon misrepresentation by act or omission;

(2) The services billed were not provided; or

(3) An unexpected change occurred that rendered the prior-authorized care not medically necessary.

Amended by Act 2013, No. 562,§ 5, eff. 8/16/2013.

Acts 2005, No. 1758, § 1.
Ark. Code Ann. § 20-27-1509 — AR Code / Title 20 / Chapter 27 / Subchapter 15 / Section 20-27-1509
[Repealed]
Status: repealed

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021. Amended by Act 2013, No. 596,§ 2, eff. 8/16/2013. Acts 2005, No. 897, § 2; 2007, No. 230, § 9.

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021.

Amended by Act 2013, No. 596,§ 2, eff. 8/16/2013.

Acts 2005, No. 897, § 2; 2007, No. 230, § 9.
Ark. Code Ann. § 20-16-202 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-202
Definition
Status: in_force

As used in this subchapter, "commission" means the advisory commission established in § 20-16-203 . Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015. Acts 1985, No. 214, § 3; A.S.A. 1947, § 82-4610.

As used in this subchapter, "commission" means the advisory commission established in § 20-16-203 .

Amended by Act 2015, No. 1062,§ 1, eff. 7/22/2015.

Acts 1985, No. 214, § 3; A.S.A. 1947, § 82-4610.
Ark. Code Ann. § 20-10-1606 — AR Code / Title 20 / Chapter 10 / Subchapter 16 / Section 20-10-1606
Waiver for nursing facilities under life-care facility contracts
Status: in_force

(a) The Department of Human Services shall apply for a waiver of the uniform healthcare-related tax under 42 C.F.R. § 433.68 , as in effect on January 1, 2007, to exempt each nursing facility that provides nursing care exclusively under contract with life-care facilities licensed under § 23-93-201 et seq. from the quality assurance fee and to allow adjustment of the quality assurance fee paid by state-operated nursing facilities. (b) Upon receiving the waiver, the department shall discontinue collecting the quality assurance fee from any nursing facility that provides nursing care exclusively under life-care facility contracts and adjust the quality assurance fee paid by state-operated nursing facilities pursuant to the waiver. Acts 2007, No. 155, § 1.

(a) The Department of Human Services shall apply for a waiver of the uniform healthcare-related tax under 42 C.F.R. § 433.68 , as in effect on January 1, 2007, to exempt each nursing facility that provides nursing care exclusively under contract with life-care facilities licensed under § 23-93-201 et seq. from the quality assurance fee and to allow adjustment of the quality assurance fee paid by state-operated nursing facilities.

(b) Upon receiving the waiver, the department shall discontinue collecting the quality assurance fee from any nursing facility that provides nursing care exclusively under life-care facility contracts and adjust the quality assurance fee paid by state-operated nursing facilities pursuant to the waiver.

Acts 2007, No. 155, § 1.
Ark. Code Ann. § 20-14-801 — AR Code / Title 20 / Chapter 14 / Subchapter 8 / Section 20-14-801
Findings
Status: in_force

(a) The General Assembly finds that: (1) (A) The practice of interpreting affects the public health, safety, and welfare and civic, economic, social, academic, and recreational aspects of life. (B) Therefore, the practice of interpreting should be subject to licensure and regulation to protect the public's interest; (2) Individuals who are deaf, deafblind, hard of hearing, or oral deaf, individuals with disabilities who use special techniques in order to communicate, and individuals whose primary language is sign language have a civil right to effective communication; (3) Individuals with hearing disabilities and those with whom they communicate require and are entitled to competent, reliable interpreting services; and (4) The availability of competent, reliable, credentialed interpreting services is necessary for individuals with hearing disabilities to realize their right to full and equal participation in society. (b) The purposes of this subchapter are to: (1) Provide minimum qualifications for interpreters and to ensure that members of the interpreting profession perform with a high degree of competency; (2) Regulate the practice and licensure of interpreters for individuals who are deaf, deafblind, hard of hearing, or oral deaf; and (3) Impose penalties for persons who violate this subchapter or the rules adopted under this subchapter. Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.

(a) The General Assembly finds that: (1) (A) The practice of interpreting affects the public health, safety, and welfare and civic, economic, social, academic, and recreational aspects of life. (B) Therefore, the practice of interpreting should be subject to licensure and regulation to protect the public's interest; (2) Individuals who are deaf, deafblind, hard of hearing, or oral deaf, individuals with disabilities who use special techniques in order to communicate, and individuals whose primary language is sign language have a civil right to effective communication; (3) Individuals with hearing disabilities and those with whom they communicate require and are entitled to competent, reliable interpreting services; and (4) The availability of competent, reliable, credentialed interpreting services is necessary for individuals with hearing disabilities to realize their right to full and equal participation in society.

(1) (A) The practice of interpreting affects the public health, safety, and welfare and civic, economic, social, academic, and recreational aspects of life. (B) Therefore, the practice of interpreting should be subject to licensure and regulation to protect the public's interest;

(A) The practice of interpreting affects the public health, safety, and welfare and civic, economic, social, academic, and recreational aspects of life.

(B) Therefore, the practice of interpreting should be subject to licensure and regulation to protect the public's interest;

(2) Individuals who are deaf, deafblind, hard of hearing, or oral deaf, individuals with disabilities who use special techniques in order to communicate, and individuals whose primary language is sign language have a civil right to effective communication;

(3) Individuals with hearing disabilities and those with whom they communicate require and are entitled to competent, reliable interpreting services; and

(4) The availability of competent, reliable, credentialed interpreting services is necessary for individuals with hearing disabilities to realize their right to full and equal participation in society.

(b) The purposes of this subchapter are to: (1) Provide minimum qualifications for interpreters and to ensure that members of the interpreting profession perform with a high degree of competency; (2) Regulate the practice and licensure of interpreters for individuals who are deaf, deafblind, hard of hearing, or oral deaf; and (3) Impose penalties for persons who violate this subchapter or the rules adopted under this subchapter.

(1) Provide minimum qualifications for interpreters and to ensure that members of the interpreting profession perform with a high degree of competency;

(2) Regulate the practice and licensure of interpreters for individuals who are deaf, deafblind, hard of hearing, or oral deaf; and

(3) Impose penalties for persons who violate this subchapter or the rules adopted under this subchapter.

Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-13-816 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-816
Grants for trauma regional advisory councils
Status: in_force

(a) (1) An entity that meets the preliminary criteria for a trauma regional advisory council under the rules of the State Board of Health may be eligible for recognition as a trauma regional advisory council. (2) The Department of Health may establish a grant or provide technical assistance to entities that: (A) Meet the preliminary criteria for a trauma regional advisory council as determined by the department; and (B) Demonstrate the capability of satisfactorily developing, overseeing, and administering the trauma system plan for its region. (b) (1) An established trauma regional advisory council may be eligible for a sustaining grant if the trauma regional advisory council: (A) Has achieved the status as the trauma regional advisory council for its region of the trauma system and is currently providing trauma planning and quality improvement services to its region of the trauma system; and (B) Demonstrates continued capability to maintain its status as a trauma regional advisory council based on its performance in planning and overseeing the plan for its region of the trauma system. (2) This grant may be an annual grant and have an annual renewal process for a trauma regional advisory council that meets the criteria under this subsection. Acts 2009, No. 393, § 1.

(a) (1) An entity that meets the preliminary criteria for a trauma regional advisory council under the rules of the State Board of Health may be eligible for recognition as a trauma regional advisory council. (2) The Department of Health may establish a grant or provide technical assistance to entities that: (A) Meet the preliminary criteria for a trauma regional advisory council as determined by the department; and (B) Demonstrate the capability of satisfactorily developing, overseeing, and administering the trauma system plan for its region.

(1) An entity that meets the preliminary criteria for a trauma regional advisory council under the rules of the State Board of Health may be eligible for recognition as a trauma regional advisory council.

(2) The Department of Health may establish a grant or provide technical assistance to entities that: (A) Meet the preliminary criteria for a trauma regional advisory council as determined by the department; and (B) Demonstrate the capability of satisfactorily developing, overseeing, and administering the trauma system plan for its region.

(A) Meet the preliminary criteria for a trauma regional advisory council as determined by the department; and

(B) Demonstrate the capability of satisfactorily developing, overseeing, and administering the trauma system plan for its region.

(b) (1) An established trauma regional advisory council may be eligible for a sustaining grant if the trauma regional advisory council: (A) Has achieved the status as the trauma regional advisory council for its region of the trauma system and is currently providing trauma planning and quality improvement services to its region of the trauma system; and (B) Demonstrates continued capability to maintain its status as a trauma regional advisory council based on its performance in planning and overseeing the plan for its region of the trauma system. (2) This grant may be an annual grant and have an annual renewal process for a trauma regional advisory council that meets the criteria under this subsection.

(1) An established trauma regional advisory council may be eligible for a sustaining grant if the trauma regional advisory council: (A) Has achieved the status as the trauma regional advisory council for its region of the trauma system and is currently providing trauma planning and quality improvement services to its region of the trauma system; and (B) Demonstrates continued capability to maintain its status as a trauma regional advisory council based on its performance in planning and overseeing the plan for its region of the trauma system.

(A) Has achieved the status as the trauma regional advisory council for its region of the trauma system and is currently providing trauma planning and quality improvement services to its region of the trauma system; and

(B) Demonstrates continued capability to maintain its status as a trauma regional advisory council based on its performance in planning and overseeing the plan for its region of the trauma system.

(2) This grant may be an annual grant and have an annual renewal process for a trauma regional advisory council that meets the criteria under this subsection.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-56-204 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-204
Notice of minor violations
Status: in_force

Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter any minor violations of this subchapter whenever the board believes that the public interest will be adequately served under the circumstances by a suitable written notice or warning to the violators. Acts 1953, No. 415, § 8; A.S.A. 1947, § 82-1108.

Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter any minor violations of this subchapter whenever the board believes that the public interest will be adequately served under the circumstances by a suitable written notice or warning to the violators.

Acts 1953, No. 415, § 8; A.S.A. 1947, § 82-1108.
Ark. Code Ann. § 20-27-1102 — AR Code / Title 20 / Chapter 27 / Subchapter 11 / Section 20-27-1102
Rules - Enforcement - Administration
Status: in_force

(a) The Director of the Division of Labor shall promulgate rules to establish minimum standards for the qualifications of those individuals performing blasting in Arkansas. (b) The director shall implement, enforce, and administer this subchapter and the rules adopted pursuant to this subchapter. (c) Rules under this section shall be adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) The director may establish by rule fees for certifying individuals as qualified to perform blasting in Arkansas. (2) The fees shall not exceed the sum of thirty dollars ($30.00) per applicant. Amended by Act 2019, No. 315,§ 2105, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5486, eff. 7/1/2019. Acts 1991, No. 780, § 1; 1993, No. 324, § 1.

(a) The Director of the Division of Labor shall promulgate rules to establish minimum standards for the qualifications of those individuals performing blasting in Arkansas.

(b) The director shall implement, enforce, and administer this subchapter and the rules adopted pursuant to this subchapter.

(c) Rules under this section shall be adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) (1) The director may establish by rule fees for certifying individuals as qualified to perform blasting in Arkansas. (2) The fees shall not exceed the sum of thirty dollars ($30.00) per applicant.

(1) The director may establish by rule fees for certifying individuals as qualified to perform blasting in Arkansas.

(2) The fees shall not exceed the sum of thirty dollars ($30.00) per applicant.

Amended by Act 2019, No. 315,§ 2105, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5486, eff. 7/1/2019.

Acts 1991, No. 780, § 1; 1993, No. 324, § 1.
Ark. Code Ann. § 20-78-805 — AR Code / Title 20 / Chapter 78 / Subchapter 8 / Section 20-78-805
Core courses
Status: in_force

In consultation with the Division of Child Care and Early Childhood Education of the Department of Human Services and the state-supported institutions of higher education in this state, the Arkansas Higher Education Coordinating Board shall establish a minimum core of early childhood development and education courses that shall be applied toward meeting the requirements of the prekindergarten endorsement to a teaching degree. Acts 2009, No. 187, § 3.

In consultation with the Division of Child Care and Early Childhood Education of the Department of Human Services and the state-supported institutions of higher education in this state, the Arkansas Higher Education Coordinating Board shall establish a minimum core of early childhood development and education courses that shall be applied toward meeting the requirements of the prekindergarten endorsement to a teaching degree.

Acts 2009, No. 187, § 3.
Ark. Code Ann. § 20-6-203 — AR Code / Title 20 / Chapter 6 / Subchapter 2 / Section 20-6-203
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Entity" means any person, organization, or business entity of any type that engages a healthcare provider as an employee, independent contractor, member, or in any other capacity for the practice of medicine as defined in § 17-95-202 . (B) "Entity" does not include insurance companies, health maintenance organizations, or hospital and medical service corporations; (2) (A) "Existing patient" means a person who is seen for a medical diagnosis or treatment, or both, by a healthcare provider within the previous twelve (12) months as evidenced by an entry in the medical record of the patient. (B) The twelve-month period described in subdivision (2)(A) of this section shall be calculated by counting back twelve (12) months from the later of the following dates: (i) The date that the healthcare provider's relationship with the entity terminates; or (ii) The date that the healthcare provider gave the entity notice of a new practice location; and (3) "Healthcare provider" means a person who: (A) Is licensed by: (i) The Arkansas State Medical Board; (ii) The Arkansas State Board of Dental Examiners; (iii) The Arkansas State Board of Nursing; (iv) The Arkansas State Board of Chiropractic Examiners; (v) The Arkansas Board of Podiatric Medicine; or (vi) The State Board of Optometry; and (B) Has ultimate responsibility and legal liability for the care of the patient. Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.

As used in this subchapter:

(1) (A) "Entity" means any person, organization, or business entity of any type that engages a healthcare provider as an employee, independent contractor, member, or in any other capacity for the practice of medicine as defined in § 17-95-202 . (B) "Entity" does not include insurance companies, health maintenance organizations, or hospital and medical service corporations;

(A) "Entity" means any person, organization, or business entity of any type that engages a healthcare provider as an employee, independent contractor, member, or in any other capacity for the practice of medicine as defined in § 17-95-202 .

(B) "Entity" does not include insurance companies, health maintenance organizations, or hospital and medical service corporations;

(2) (A) "Existing patient" means a person who is seen for a medical diagnosis or treatment, or both, by a healthcare provider within the previous twelve (12) months as evidenced by an entry in the medical record of the patient. (B) The twelve-month period described in subdivision (2)(A) of this section shall be calculated by counting back twelve (12) months from the later of the following dates: (i) The date that the healthcare provider's relationship with the entity terminates; or (ii) The date that the healthcare provider gave the entity notice of a new practice location; and

(A) "Existing patient" means a person who is seen for a medical diagnosis or treatment, or both, by a healthcare provider within the previous twelve (12) months as evidenced by an entry in the medical record of the patient.

(B) The twelve-month period described in subdivision (2)(A) of this section shall be calculated by counting back twelve (12) months from the later of the following dates: (i) The date that the healthcare provider's relationship with the entity terminates; or (ii) The date that the healthcare provider gave the entity notice of a new practice location; and

(i) The date that the healthcare provider's relationship with the entity terminates; or

(ii) The date that the healthcare provider gave the entity notice of a new practice location; and

(3) "Healthcare provider" means a person who: (A) Is licensed by: (i) The Arkansas State Medical Board; (ii) The Arkansas State Board of Dental Examiners; (iii) The Arkansas State Board of Nursing; (iv) The Arkansas State Board of Chiropractic Examiners; (v) The Arkansas Board of Podiatric Medicine; or (vi) The State Board of Optometry; and (B) Has ultimate responsibility and legal liability for the care of the patient.

(A) Is licensed by: (i) The Arkansas State Medical Board; (ii) The Arkansas State Board of Dental Examiners; (iii) The Arkansas State Board of Nursing; (iv) The Arkansas State Board of Chiropractic Examiners; (v) The Arkansas Board of Podiatric Medicine; or (vi) The State Board of Optometry; and

(i) The Arkansas State Medical Board;

(ii) The Arkansas State Board of Dental Examiners;

(iii) The Arkansas State Board of Nursing;

(iv) The Arkansas State Board of Chiropractic Examiners;

(v) The Arkansas Board of Podiatric Medicine; or

(vi) The State Board of Optometry; and

(B) Has ultimate responsibility and legal liability for the care of the patient.

Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Ark. Code Ann. § 20-80-303 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-303
Exception
Status: in_force

Nothing in this subchapter is intended to change or in any way conflict with the status, boundaries, or functions of regional or metropolitan planning commissions or councils of governments established under §§ 14-17-301 - 14-17-309 and 14-56-501 - 14-56-509 nor the status, boundaries, and functions of planning and development districts as established and recognized under §§ 14-166-201 - 14-166-205 . Acts 1985, No. 345, § 2; A.S.A. 1947, § 83-1108.

Nothing in this subchapter is intended to change or in any way conflict with the status, boundaries, or functions of regional or metropolitan planning commissions or councils of governments established under §§ 14-17-301 - 14-17-309 and 14-56-501 - 14-56-509 nor the status, boundaries, and functions of planning and development districts as established and recognized under §§ 14-166-201 - 14-166-205 .

Acts 1985, No. 345, § 2; A.S.A. 1947, § 83-1108.
Ark. Code Ann. § 20-64-305 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-305
Duty of prosecuting attorneys
Status: in_force

It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Acts 1967, No. 492, § 6; A.S.A. 1947, § 82-2106.

It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

Acts 1967, No. 492, § 6; A.S.A. 1947, § 82-2106.
Ark. Code Ann. § 20-77-1805 — AR Code / Title 20 / Chapter 77 / Subchapter 18 / Section 20-77-1805
Continuity of asset protection
Status: in_force

If this subchapter is repealed, any Medicaid asset protection afforded under § 20-77-1803 shall remain effective for the life of the individual receiving long-term care services under this subchapter. Acts 2007, No. 99, § 1.

If this subchapter is repealed, any Medicaid asset protection afforded under § 20-77-1803 shall remain effective for the life of the individual receiving long-term care services under this subchapter.

Acts 2007, No. 99, § 1.
Ark. Code Ann. § 20-77-1304 — AR Code / Title 20 / Chapter 77 / Subchapter 13 / Section 20-77-1304
Claims review and administrative sanctions
Status: in_force

(a) (1) Pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Secretary of the Department of Human Services shall establish a process to review a claim made by a healthcare provider to determine whether the claim should be or should have been paid as required by federal or state law or rule. (2) Claims review may occur before or after payment is made to a healthcare provider. (3) The secretary may withhold payment to a healthcare provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs, provided that the healthcare provider has an opportunity for a hearing within sixty (60) days of the date payment is withheld. (b) (1) The secretary may establish various types of administrative sanctions pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which may be imposed on a healthcare provider or other person who violates any provision of this subchapter or any other applicable federal or state law or rule related to the medical assistance programs. (2) Administrative sanction shall include any or all of the following: recoupment, posting of bond or other security, or a combination thereof; exclusion as a healthcare provider; or liquidated damages. (c) (1) The Department of Human Services shall conduct a hearing in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., at the request of a person who wishes to contest an administrative sanction imposed on him or her by the secretary. (2) A party aggrieved by an order may seek judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) Judicial review of the order shall be conducted in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) All state rules and regulations issued on or before July 30, 1999, shall be deemed to have been issued in compliance with the authority of this section. Amended by Act 2019, No. 315,§ 2269, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2268, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5235, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5234, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5233, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5232, eff. 7/1/2019. Acts 1999, No. 1544, § 4.

(a) (1) Pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Secretary of the Department of Human Services shall establish a process to review a claim made by a healthcare provider to determine whether the claim should be or should have been paid as required by federal or state law or rule. (2) Claims review may occur before or after payment is made to a healthcare provider. (3) The secretary may withhold payment to a healthcare provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs, provided that the healthcare provider has an opportunity for a hearing within sixty (60) days of the date payment is withheld.

(1) Pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Secretary of the Department of Human Services shall establish a process to review a claim made by a healthcare provider to determine whether the claim should be or should have been paid as required by federal or state law or rule.

(2) Claims review may occur before or after payment is made to a healthcare provider.

(3) The secretary may withhold payment to a healthcare provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs, provided that the healthcare provider has an opportunity for a hearing within sixty (60) days of the date payment is withheld.

(b) (1) The secretary may establish various types of administrative sanctions pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which may be imposed on a healthcare provider or other person who violates any provision of this subchapter or any other applicable federal or state law or rule related to the medical assistance programs. (2) Administrative sanction shall include any or all of the following: recoupment, posting of bond or other security, or a combination thereof; exclusion as a healthcare provider; or liquidated damages.

(1) The secretary may establish various types of administrative sanctions pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which may be imposed on a healthcare provider or other person who violates any provision of this subchapter or any other applicable federal or state law or rule related to the medical assistance programs.

(2) Administrative sanction shall include any or all of the following: recoupment, posting of bond or other security, or a combination thereof; exclusion as a healthcare provider; or liquidated damages.

(c) (1) The Department of Human Services shall conduct a hearing in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., at the request of a person who wishes to contest an administrative sanction imposed on him or her by the secretary. (2) A party aggrieved by an order may seek judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) Judicial review of the order shall be conducted in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The Department of Human Services shall conduct a hearing in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., at the request of a person who wishes to contest an administrative sanction imposed on him or her by the secretary.

(2) A party aggrieved by an order may seek judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) Judicial review of the order shall be conducted in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) All state rules and regulations issued on or before July 30, 1999, shall be deemed to have been issued in compliance with the authority of this section.

Amended by Act 2019, No. 315,§ 2269, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2268, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5235, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5234, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5233, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5232, eff. 7/1/2019.

Acts 1999, No. 1544, § 4.
Ark. Code Ann. § 20-77-1604 — AR Code / Title 20 / Chapter 77 / Subchapter 16 / Section 20-77-1604
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 2301, eff. 7/1/2019. Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019. Amended by Act 2015, No. 1100,§ 53, eff. 7/22/2015. Acts 2005, No. 1757, § 1.

Amended by Act 2019, No. 910,§ 2301, eff. 7/1/2019.

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.

Amended by Act 2015, No. 1100,§ 53, eff. 7/22/2015.

Acts 2005, No. 1757, § 1.
Ark. Code Ann. § 20-16-1510 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1510
Effective date
Status: in_force

This subchapter takes effect on January 1, 2016. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

This subchapter takes effect on January 1, 2016.

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-17-105 — AR Code / Title 20 / Chapter 17 / Subchapter 1 / Section 20-17-105
Organ donor privacy
Status: in_force

(a) Information regarding the identity of an organ donor is confidential. (b) (1) Confidentiality under this section may be waived by an individual who made the anatomical gift before a donor's death under § 20-17-1204 or by an individual who made the anatomical gift of a decedent's body or part under § 20-17-1209 . (2) (A) If the individual who made the anatomical gift under § 20-17-1204 or § 20-17-1209 is a parent of a minor child who is the organ donor, confidentiality under this section shall not be waived unless both parents agree to waive confidentiality under this section. (B) If only one (1) parent is living at the time a waiver request is made under this section, the surviving parent may waive confidentiality under this section. Added by Act 2013, No. 1199,§ 1, eff. 8/16/2013.

(a) Information regarding the identity of an organ donor is confidential.

(b) (1) Confidentiality under this section may be waived by an individual who made the anatomical gift before a donor's death under § 20-17-1204 or by an individual who made the anatomical gift of a decedent's body or part under § 20-17-1209 . (2) (A) If the individual who made the anatomical gift under § 20-17-1204 or § 20-17-1209 is a parent of a minor child who is the organ donor, confidentiality under this section shall not be waived unless both parents agree to waive confidentiality under this section. (B) If only one (1) parent is living at the time a waiver request is made under this section, the surviving parent may waive confidentiality under this section.

(1) Confidentiality under this section may be waived by an individual who made the anatomical gift before a donor's death under § 20-17-1204 or by an individual who made the anatomical gift of a decedent's body or part under § 20-17-1209 .

(2) (A) If the individual who made the anatomical gift under § 20-17-1204 or § 20-17-1209 is a parent of a minor child who is the organ donor, confidentiality under this section shall not be waived unless both parents agree to waive confidentiality under this section. (B) If only one (1) parent is living at the time a waiver request is made under this section, the surviving parent may waive confidentiality under this section.

(A) If the individual who made the anatomical gift under § 20-17-1204 or § 20-17-1209 is a parent of a minor child who is the organ donor, confidentiality under this section shall not be waived unless both parents agree to waive confidentiality under this section.

(B) If only one (1) parent is living at the time a waiver request is made under this section, the surviving parent may waive confidentiality under this section.

Added by Act 2013, No. 1199,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-59-207 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-207
Frozen dessert manufacturer's license
Status: in_force

(a) For purposes of licensing, a dairy plant manufacturing or packaging frozen dessert such as ice cream, ice cream mix, ice milk, ice milk mix, frozen malted milk, frozen custard, ice or ice sherbets, and novelties shall be licensed as a frozen dessert manufacturer. (b) Any person making frozen dessert for sale shall be required to procure from the Secretary of the Department of Health an annual frozen dessert manufacturer's license for each location or plant where frozen dessert is manufactured. (c) License fees for frozen dessert manufacturers' licenses shall be based on the gallons of mix or the finished products manufactured or sold the previous year. License fees shall be based on previous year's production: Up to and including 10,000 gallons ........................................................................... $ 60.00 10,001 - 20,000 gallons ........................................................................................... 100.00 20,001 - 100,000 gallons ........................................................................................ 200.00 100,001 - 350,000 gallons ...................................................................................... 400.00 350,001 - 500,000 gallons ...................................................................................... 600.00 500,001 - 750,000 gallons ...................................................................................... 800.00 750,001 - 1,000,000 gallons ................................................................................... 1,000.00 1,000,001 gallons and up .......................................................................................... 1,200.00 Amended by Act 2019, No. 910,§ 5056, eff. 7/1/2019. Acts 1941, No. 114, § 4; 1973, No. 98, 2: A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1; 1991, No. 328, § 2.

(a) For purposes of licensing, a dairy plant manufacturing or packaging frozen dessert such as ice cream, ice cream mix, ice milk, ice milk mix, frozen malted milk, frozen custard, ice or ice sherbets, and novelties shall be licensed as a frozen dessert manufacturer.

(b) Any person making frozen dessert for sale shall be required to procure from the Secretary of the Department of Health an annual frozen dessert manufacturer's license for each location or plant where frozen dessert is manufactured.

(c) License fees for frozen dessert manufacturers' licenses shall be based on the gallons of mix or the finished products manufactured or sold the previous year. License fees shall be based on previous year's production: Up to and including 10,000 gallons ........................................................................... $ 60.00 10,001 - 20,000 gallons ........................................................................................... 100.00 20,001 - 100,000 gallons ........................................................................................ 200.00 100,001 - 350,000 gallons ...................................................................................... 400.00 350,001 - 500,000 gallons ...................................................................................... 600.00 500,001 - 750,000 gallons ...................................................................................... 800.00 750,001 - 1,000,000 gallons ................................................................................... 1,000.00 1,000,001 gallons and up .......................................................................................... 1,200.00

Up to and including 10,000 gallons ........................................................................... $ 60.00 10,001 - 20,000 gallons ........................................................................................... 100.00 20,001 - 100,000 gallons ........................................................................................ 200.00 100,001 - 350,000 gallons ...................................................................................... 400.00 350,001 - 500,000 gallons ...................................................................................... 600.00 500,001 - 750,000 gallons ...................................................................................... 800.00 750,001 - 1,000,000 gallons ................................................................................... 1,000.00 1,000,001 gallons and up .......................................................................................... 1,200.00

Up to and including 10,000 gallons ...........................................................................

$ 60.00

10,001 - 20,000 gallons ...........................................................................................

100.00

20,001 - 100,000 gallons ........................................................................................

200.00

100,001 - 350,000 gallons ......................................................................................

400.00

350,001 - 500,000 gallons ......................................................................................

600.00

500,001 - 750,000 gallons ......................................................................................

800.00

750,001 - 1,000,000 gallons ...................................................................................

1,000.00

1,000,001 gallons and up ..........................................................................................

1,200.00

Amended by Act 2019, No. 910,§ 5056, eff. 7/1/2019.

Acts 1941, No. 114, § 4; 1973, No. 98, 2: A.S.A. 1947, § 82-915; Acts 1987, No. 534, § 1; 1991, No. 328, § 2.
Ark. Code Ann. § 20-20-204 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-204
Penalties
Status: in_force

(a) (1) Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and for the second and any additional offense by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). (2) (A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense. (B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense. (b) No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such an action. Amended by Act 2019, No. 315,§ 1982, eff. 7/24/2019. Acts 1975, No. 389, § 19; A.S.A. 1947, § 77-269; Acts 2005, No. 1994, § 118.

(a) (1) Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and for the second and any additional offense by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). (2) (A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense. (B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.

(1) Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and for the second and any additional offense by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000).

(2) (A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense. (B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.

(A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense.

(B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.

(b) No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such an action.

Amended by Act 2019, No. 315,§ 1982, eff. 7/24/2019.

Acts 1975, No. 389, § 19; A.S.A. 1947, § 77-269; Acts 2005, No. 1994, § 118.
Ark. Code Ann. § 20-16-2303 — AR Code / Title 20 / Chapter 16 / Subchapter 23 / Section 20-16-2303
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Lethal fetal anomaly" means a fetal condition diagnosed before birth that will result in the death of the unborn child with reasonable certainty within three (3) months of the birth; (3) "Medical emergency" means, based on the good faith clinical judgment of the physician, a condition that has complicated the medical condition of the pregnant woman so as to necessitate the immediate termination of the pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function; (4) (A) "Perinatal palliative care" means comprehensive support to the pregnant woman and her family that includes support from the time of diagnosis, through the time of birth and the death of the infant, and through the postpartum period. (B) "Perinatal palliative care" may include without limitation counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of the child in a comfortable and supportive environment; and (5) "Physician" means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy. Acts 2019, No. 953, § 1, eff. 7/24/2020.

As used in this subchapter:

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

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

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

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

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

(iii) Remove an ectopic pregnancy;

(2) "Lethal fetal anomaly" means a fetal condition diagnosed before birth that will result in the death of the unborn child with reasonable certainty within three (3) months of the birth;

(3) "Medical emergency" means, based on the good faith clinical judgment of the physician, a condition that has complicated the medical condition of the pregnant woman so as to necessitate the immediate termination of the pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function;

(4) (A) "Perinatal palliative care" means comprehensive support to the pregnant woman and her family that includes support from the time of diagnosis, through the time of birth and the death of the infant, and through the postpartum period. (B) "Perinatal palliative care" may include without limitation counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of the child in a comfortable and supportive environment; and

(A) "Perinatal palliative care" means comprehensive support to the pregnant woman and her family that includes support from the time of diagnosis, through the time of birth and the death of the infant, and through the postpartum period.

(B) "Perinatal palliative care" may include without limitation counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of the child in a comfortable and supportive environment; and

(5) "Physician" means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy.

Acts 2019, No. 953, § 1, eff. 7/24/2020.
Ark. Code Ann. § 20-8-1101 — AR Code / Title 20 / Chapter 8 / Subchapter 11 / Section 20-8-1101
Alzheimer's Disease and Dementia Advisory Council - Creation - Membership
Status: in_force

(a) There is created the Alzheimer's Disease and Dementia Advisory Council, which shall consist of the following members: (1) A member of the House of Representatives, to be appointed by the Speaker of the House of Representatives, who shall serve as a cochair of the council; (2) A member of the Senate, to be appointed by the President Pro Tempore of the Senate, who shall serve as a cochair of the council; (3) One (1) individual who is a family caregiver of an individual living with Alzheimer's disease or another dementia, to be appointed by the Secretary of the Department of Health; (4) The Executive Director of the Arkansas Health Care Association or his or her designee; (5) The Executive Director of Alzheimer's Arkansas Programs and Services or his or her designee; (6) The Executive Director of Alzheimer's Disease and Related Disorders Association, Inc. or his or her designee; (7) The Executive Director of the Arkansas Residential Assisted Living Association, Inc. or his or her designee; (8) The Arkansas State Director of the Arkansas State Office of AARP, Inc. or his or her designee; (9) The Executive Director of the Arkansas Minority Health Commission or his or her designee; (10) The Executive Director of The Broyles Foundation or his or her designee; (11) The President of the Arkansas Hospital Association, Inc. or his or her designee; (12) The President of the Arkansas Medical Society, Inc. or his or her designee; (13) One (1) individual representing the Arkansas Association of Area Agencies on Aging, to be appointed by the Secretary of the Department of Health; (14) One (1) individual who represents home care providers, to be appointed by the Secretary of the Department of Health; (15) One (1) physician who has experience diagnosing and caring for patients with Alzheimer's disease, to be appointed by the Secretary of the Department of Health; (16) One (1) individual representing the Donald W. Reynolds Center on Aging of the University of Arkansas for Medical Sciences, to be appointed by the Secretary of the Department of Health; (17) One (1) individual who conducts research regarding Alzheimer's disease or other dementias, to be appointed by the Secretary of the Department of Health; (18) One (1) individual from a statewide association representing the interests of nursing professionals, to be appointed by the Secretary of the Department of Health; (19) The Secretary of the Department of Health or his or her designee, who shall be a nonvoting member; (20) The Secretary of the Department of Human Services or his or her designee, who shall be a nonvoting member; (21) The long-term care ombudsman for the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee, who shall be a nonvoting member; and (22) The Chair of the Arkansas Home-Based Services Association, Inc., or his or her designee. (b) (1) (A) Each voting member shall serve for a term of two (2) years. (B) If a suitable successor who meets the requirements of this section is not available to be appointed to a position on the council, the current member may be reappointed for an additional term of two (2) years. (2) If a vacancy occurs on the council, the vacancy shall be filled by the same process as the original appointment. (c) (1) The legislative members of the council shall be paid per diem and mileage as authorized by law for attendance at meetings of interim committees of the General Assembly. (2) Nonlegislative members of the council shall not be compensated but may be reimbursed under § 25-16-901 et seq. for expenses actually incurred in the performance of their duties. (d) (1) The cochairs of the council shall call the first meeting of the council within thirty (30) days of the initial appointment of members. (2) Meetings of the council shall be held at least one (1) time every quarter but may occur more often at the call of the cochairs. (3) The council shall establish rules and procedures for conducting its business. (4) (A) A majority of the voting members of the council shall constitute a quorum for transacting business of the council. (B) An affirmative vote of a majority of a quorum present shall be required for the passage of a motion or other council action. (5) The Bureau of Legislative Research shall provide staff for the council as necessary to assist the council in the performance of its duties. Amended by Act 2023, No. 102,§ 1, eff. 8/1/2023. Added by Act 2021, No. 391,§ 1, eff. 7/28/2021.

(a) There is created the Alzheimer's Disease and Dementia Advisory Council, which shall consist of the following members: (1) A member of the House of Representatives, to be appointed by the Speaker of the House of Representatives, who shall serve as a cochair of the council; (2) A member of the Senate, to be appointed by the President Pro Tempore of the Senate, who shall serve as a cochair of the council; (3) One (1) individual who is a family caregiver of an individual living with Alzheimer's disease or another dementia, to be appointed by the Secretary of the Department of Health; (4) The Executive Director of the Arkansas Health Care Association or his or her designee; (5) The Executive Director of Alzheimer's Arkansas Programs and Services or his or her designee; (6) The Executive Director of Alzheimer's Disease and Related Disorders Association, Inc. or his or her designee; (7) The Executive Director of the Arkansas Residential Assisted Living Association, Inc. or his or her designee; (8) The Arkansas State Director of the Arkansas State Office of AARP, Inc. or his or her designee; (9) The Executive Director of the Arkansas Minority Health Commission or his or her designee; (10) The Executive Director of The Broyles Foundation or his or her designee; (11) The President of the Arkansas Hospital Association, Inc. or his or her designee; (12) The President of the Arkansas Medical Society, Inc. or his or her designee; (13) One (1) individual representing the Arkansas Association of Area Agencies on Aging, to be appointed by the Secretary of the Department of Health; (14) One (1) individual who represents home care providers, to be appointed by the Secretary of the Department of Health; (15) One (1) physician who has experience diagnosing and caring for patients with Alzheimer's disease, to be appointed by the Secretary of the Department of Health; (16) One (1) individual representing the Donald W. Reynolds Center on Aging of the University of Arkansas for Medical Sciences, to be appointed by the Secretary of the Department of Health; (17) One (1) individual who conducts research regarding Alzheimer's disease or other dementias, to be appointed by the Secretary of the Department of Health; (18) One (1) individual from a statewide association representing the interests of nursing professionals, to be appointed by the Secretary of the Department of Health; (19) The Secretary of the Department of Health or his or her designee, who shall be a nonvoting member; (20) The Secretary of the Department of Human Services or his or her designee, who shall be a nonvoting member; (21) The long-term care ombudsman for the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee, who shall be a nonvoting member; and (22) The Chair of the Arkansas Home-Based Services Association, Inc., or his or her designee.

(1) A member of the House of Representatives, to be appointed by the Speaker of the House of Representatives, who shall serve as a cochair of the council;

(2) A member of the Senate, to be appointed by the President Pro Tempore of the Senate, who shall serve as a cochair of the council;

(3) One (1) individual who is a family caregiver of an individual living with Alzheimer's disease or another dementia, to be appointed by the Secretary of the Department of Health;

(4) The Executive Director of the Arkansas Health Care Association or his or her designee;

(5) The Executive Director of Alzheimer's Arkansas Programs and Services or his or her designee;

(6) The Executive Director of Alzheimer's Disease and Related Disorders Association, Inc. or his or her designee;

(7) The Executive Director of the Arkansas Residential Assisted Living Association, Inc. or his or her designee;

(8) The Arkansas State Director of the Arkansas State Office of AARP, Inc. or his or her designee;

(9) The Executive Director of the Arkansas Minority Health Commission or his or her designee;

(10) The Executive Director of The Broyles Foundation or his or her designee;

(11) The President of the Arkansas Hospital Association, Inc. or his or her designee;

(12) The President of the Arkansas Medical Society, Inc. or his or her designee;

(13) One (1) individual representing the Arkansas Association of Area Agencies on Aging, to be appointed by the Secretary of the Department of Health;

(14) One (1) individual who represents home care providers, to be appointed by the Secretary of the Department of Health;

(15) One (1) physician who has experience diagnosing and caring for patients with Alzheimer's disease, to be appointed by the Secretary of the Department of Health;

(16) One (1) individual representing the Donald W. Reynolds Center on Aging of the University of Arkansas for Medical Sciences, to be appointed by the Secretary of the Department of Health;

(17) One (1) individual who conducts research regarding Alzheimer's disease or other dementias, to be appointed by the Secretary of the Department of Health;

(18) One (1) individual from a statewide association representing the interests of nursing professionals, to be appointed by the Secretary of the Department of Health;

(19) The Secretary of the Department of Health or his or her designee, who shall be a nonvoting member;

(20) The Secretary of the Department of Human Services or his or her designee, who shall be a nonvoting member;

(21) The long-term care ombudsman for the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee, who shall be a nonvoting member; and

(22) The Chair of the Arkansas Home-Based Services Association, Inc., or his or her designee.

(b) (1) (A) Each voting member shall serve for a term of two (2) years. (B) If a suitable successor who meets the requirements of this section is not available to be appointed to a position on the council, the current member may be reappointed for an additional term of two (2) years. (2) If a vacancy occurs on the council, the vacancy shall be filled by the same process as the original appointment.

(1) (A) Each voting member shall serve for a term of two (2) years. (B) If a suitable successor who meets the requirements of this section is not available to be appointed to a position on the council, the current member may be reappointed for an additional term of two (2) years.

(A) Each voting member shall serve for a term of two (2) years.

(B) If a suitable successor who meets the requirements of this section is not available to be appointed to a position on the council, the current member may be reappointed for an additional term of two (2) years.

(2) If a vacancy occurs on the council, the vacancy shall be filled by the same process as the original appointment.

(c) (1) The legislative members of the council shall be paid per diem and mileage as authorized by law for attendance at meetings of interim committees of the General Assembly. (2) Nonlegislative members of the council shall not be compensated but may be reimbursed under § 25-16-901 et seq. for expenses actually incurred in the performance of their duties.

(1) The legislative members of the council shall be paid per diem and mileage as authorized by law for attendance at meetings of interim committees of the General Assembly.

(2) Nonlegislative members of the council shall not be compensated but may be reimbursed under § 25-16-901 et seq. for expenses actually incurred in the performance of their duties.

(d) (1) The cochairs of the council shall call the first meeting of the council within thirty (30) days of the initial appointment of members. (2) Meetings of the council shall be held at least one (1) time every quarter but may occur more often at the call of the cochairs. (3) The council shall establish rules and procedures for conducting its business. (4) (A) A majority of the voting members of the council shall constitute a quorum for transacting business of the council. (B) An affirmative vote of a majority of a quorum present shall be required for the passage of a motion or other council action. (5) The Bureau of Legislative Research shall provide staff for the council as necessary to assist the council in the performance of its duties.

(1) The cochairs of the council shall call the first meeting of the council within thirty (30) days of the initial appointment of members.

(2) Meetings of the council shall be held at least one (1) time every quarter but may occur more often at the call of the cochairs.

(3) The council shall establish rules and procedures for conducting its business.

(4) (A) A majority of the voting members of the council shall constitute a quorum for transacting business of the council. (B) An affirmative vote of a majority of a quorum present shall be required for the passage of a motion or other council action.

(A) A majority of the voting members of the council shall constitute a quorum for transacting business of the council.

(B) An affirmative vote of a majority of a quorum present shall be required for the passage of a motion or other council action.

(5) The Bureau of Legislative Research shall provide staff for the council as necessary to assist the council in the performance of its duties.

Amended by Act 2023, No. 102,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 391,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-82-201 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-201
Arkansas Child Abuse/Rape/Domestic Violence Commission - Creation - Members
Status: in_force

(a) There is created the Arkansas Child Abuse/Rape/Domestic Violence Commission, to be composed of twenty-two (22) persons appointed by the Governor for five-year staggered terms and until the successor is appointed and qualified. (b) The membership of the commission shall consist of the following: (1) A representative of domestic violence programs or domestic violence service providers in Arkansas; (2) A representative of the Department of Arkansas State Police; (3) A physician specializing in the treatment of child abuse; (4) A prosecuting attorney; (5) A defense attorney; (6) A representative of the Division of Children and Family Services of the Department of Human Services; (7) A representative of a parents' group; (8) A mental health professional specializing in the treatment of child abuse or domestic violence or rape; (9) A representative of city or county law enforcement; (10) A representative of children with disabilities; (11) A judge involved in criminal court proceedings related to child abuse and neglect; (12) A judge involved in civil court proceedings related to child abuse and neglect; (13) A representative of the State Crime Laboratory; (14) A representative of the Department of Health; (15) A representative of rape crisis centers; (16) A representative of the office of the Attorney General; (17) Three (3) members at large; (18) A court-appointed special advocate representative; (19) An attorney ad litem; and (20) A faculty member from a four-year college or university with experience in the study of human trafficking or a closely related area of study. (c) Members of the commission may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2017, No. 540,§ 51, eff. 8/1/2017. Amended by Act 2017, No. 264,§ 6, eff. 8/1/2017. Amended by Act 2015, No. 1138,§ 5, eff. 7/22/2015. Acts 1991, No. 727, §§ 1, 3; 1991, No. 828, §§ 1, 3; 1993, No. 175, § 1; 1993, No. 887, § 3; 1995, No. 1336, § 1; 1997, No. 250, § 211; 2001, No. 1285, § 1; 2001, No. 1288, § 19.

(a) There is created the Arkansas Child Abuse/Rape/Domestic Violence Commission, to be composed of twenty-two (22) persons appointed by the Governor for five-year staggered terms and until the successor is appointed and qualified.

(b) The membership of the commission shall consist of the following: (1) A representative of domestic violence programs or domestic violence service providers in Arkansas; (2) A representative of the Department of Arkansas State Police; (3) A physician specializing in the treatment of child abuse; (4) A prosecuting attorney; (5) A defense attorney; (6) A representative of the Division of Children and Family Services of the Department of Human Services; (7) A representative of a parents' group; (8) A mental health professional specializing in the treatment of child abuse or domestic violence or rape; (9) A representative of city or county law enforcement; (10) A representative of children with disabilities; (11) A judge involved in criminal court proceedings related to child abuse and neglect; (12) A judge involved in civil court proceedings related to child abuse and neglect; (13) A representative of the State Crime Laboratory; (14) A representative of the Department of Health; (15) A representative of rape crisis centers; (16) A representative of the office of the Attorney General; (17) Three (3) members at large; (18) A court-appointed special advocate representative; (19) An attorney ad litem; and (20) A faculty member from a four-year college or university with experience in the study of human trafficking or a closely related area of study.

(1) A representative of domestic violence programs or domestic violence service providers in Arkansas;

(2) A representative of the Department of Arkansas State Police;

(3) A physician specializing in the treatment of child abuse;

(4) A prosecuting attorney;

(5) A defense attorney;

(6) A representative of the Division of Children and Family Services of the Department of Human Services;

(7) A representative of a parents' group;

(8) A mental health professional specializing in the treatment of child abuse or domestic violence or rape;

(9) A representative of city or county law enforcement;

(10) A representative of children with disabilities;

(11) A judge involved in criminal court proceedings related to child abuse and neglect;

(12) A judge involved in civil court proceedings related to child abuse and neglect;

(13) A representative of the State Crime Laboratory;

(14) A representative of the Department of Health;

(15) A representative of rape crisis centers;

(16) A representative of the office of the Attorney General;

(17) Three (3) members at large;

(18) A court-appointed special advocate representative;

(19) An attorney ad litem; and

(20) A faculty member from a four-year college or university with experience in the study of human trafficking or a closely related area of study.

(c) Members of the commission may receive expense reimbursement in accordance with § 25-16-901 et seq.

Amended by Act 2017, No. 540,§ 51, eff. 8/1/2017.

Amended by Act 2017, No. 264,§ 6, eff. 8/1/2017.

Amended by Act 2015, No. 1138,§ 5, eff. 7/22/2015.

Acts 1991, No. 727, §§ 1, 3; 1991, No. 828, §§ 1, 3; 1993, No. 175, § 1; 1993, No. 887, § 3; 1995, No. 1336, § 1; 1997, No. 250, § 211; 2001, No. 1285, § 1; 2001, No. 1288, § 19.
Ark. Code Ann. § 20-16-804 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-804
Notarized consent
Status: in_force

Except as otherwise provided in §§ 20-16-807 and 20-16-809 , a physician shall not perform an abortion upon an unempancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the physician first obtains the written consent of either parent or the legal guardian or custodian. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

Except as otherwise provided in §§ 20-16-807 and 20-16-809 , a physician shall not perform an abortion upon an unempancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the physician first obtains the written consent of either parent or the legal guardian or custodian.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-46-316 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-316
Funding report
Status: in_force

(a) On or before April 30, July 31, October 31, and January 31 of each year, the Department of Human Services shall report the following data to the Legislative Council or the Joint Budget Committee during a regular, fiscal, or extraordinary session: (1) A list of community mental health centers that are budgeted to receive funding from the State of Arkansas; (2) The total annual amount of general revenue budgeted by the department for the current fiscal year of the reporting period; (3) The total annual amount of general revenue distributed in the previous fiscal year to each community mental health center; (4) The amount of state funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center; (5) The amount of federal funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center; and (6) The amount of other funding, listed by funding source, individually distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center. (b) Each quarterly report shall cover the immediate preceding calendar quarter and appropriate fiscal year. Added by Act 2019, No. 875,§ 21, eff. 4/11/2019.

(a) On or before April 30, July 31, October 31, and January 31 of each year, the Department of Human Services shall report the following data to the Legislative Council or the Joint Budget Committee during a regular, fiscal, or extraordinary session: (1) A list of community mental health centers that are budgeted to receive funding from the State of Arkansas; (2) The total annual amount of general revenue budgeted by the department for the current fiscal year of the reporting period; (3) The total annual amount of general revenue distributed in the previous fiscal year to each community mental health center; (4) The amount of state funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center; (5) The amount of federal funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center; and (6) The amount of other funding, listed by funding source, individually distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center.

(1) A list of community mental health centers that are budgeted to receive funding from the State of Arkansas;

(2) The total annual amount of general revenue budgeted by the department for the current fiscal year of the reporting period;

(3) The total annual amount of general revenue distributed in the previous fiscal year to each community mental health center;

(4) The amount of state funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center;

(5) The amount of federal funding distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center; and

(6) The amount of other funding, listed by funding source, individually distributed each reporting quarter, budgeted fiscal year to date, and total projected for the fiscal year to each community mental health center.

(b) Each quarterly report shall cover the immediate preceding calendar quarter and appropriate fiscal year.

Added by Act 2019, No. 875,§ 21, eff. 4/11/2019.
Ark. Code Ann. § 20-80-405 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-405
Applications for donations
Status: in_force

(a) (1) Applications for donation may be made by the following persons or community organizations: (A) Agents of cities and incorporated towns that also have one (1) of the community organizations listed in subdivisions (a)(1)(B)(i)-(iv) of this section; or (B) The chair of the board or executive director of one (1) of the following community organizations: (i) A housing authority; (ii) A community development agency; (iii) A community development corporation; or (iv) A local initiative support corporation. (2) Other community organizations may apply for donation of the land so long as that organization is a nonprofit corporation that qualifies as an Internal Revenue Service section 501(c)(3) tax-exempt organization. (3) A legal entity that intends to apply for an award of federal low-income housing tax credits under section 42 of the Internal Revenue Code may apply for donation of land under this subchapter only if the legal entity is a qualified nonprofit organization pursuant to section 42 of the Internal Revenue Code and accompanying regulations and guidance of the Internal Revenue Service. (b) Any applicant must have legal authority to accept and convey title to properties for homesteading purposes. Acts 1993, No. 1009, §§ 5, 6; 2011, No. 1013, § 3.

(a) (1) Applications for donation may be made by the following persons or community organizations: (A) Agents of cities and incorporated towns that also have one (1) of the community organizations listed in subdivisions (a)(1)(B)(i)-(iv) of this section; or (B) The chair of the board or executive director of one (1) of the following community organizations: (i) A housing authority; (ii) A community development agency; (iii) A community development corporation; or (iv) A local initiative support corporation. (2) Other community organizations may apply for donation of the land so long as that organization is a nonprofit corporation that qualifies as an Internal Revenue Service section 501(c)(3) tax-exempt organization. (3) A legal entity that intends to apply for an award of federal low-income housing tax credits under section 42 of the Internal Revenue Code may apply for donation of land under this subchapter only if the legal entity is a qualified nonprofit organization pursuant to section 42 of the Internal Revenue Code and accompanying regulations and guidance of the Internal Revenue Service.

(1) Applications for donation may be made by the following persons or community organizations: (A) Agents of cities and incorporated towns that also have one (1) of the community organizations listed in subdivisions (a)(1)(B)(i)-(iv) of this section; or (B) The chair of the board or executive director of one (1) of the following community organizations: (i) A housing authority; (ii) A community development agency; (iii) A community development corporation; or (iv) A local initiative support corporation.

(A) Agents of cities and incorporated towns that also have one (1) of the community organizations listed in subdivisions (a)(1)(B)(i)-(iv) of this section; or

(B) The chair of the board or executive director of one (1) of the following community organizations: (i) A housing authority; (ii) A community development agency; (iii) A community development corporation; or (iv) A local initiative support corporation.

(i) A housing authority;

(ii) A community development agency;

(iii) A community development corporation; or

(iv) A local initiative support corporation.

(2) Other community organizations may apply for donation of the land so long as that organization is a nonprofit corporation that qualifies as an Internal Revenue Service section 501(c)(3) tax-exempt organization.

(3) A legal entity that intends to apply for an award of federal low-income housing tax credits under section 42 of the Internal Revenue Code may apply for donation of land under this subchapter only if the legal entity is a qualified nonprofit organization pursuant to section 42 of the Internal Revenue Code and accompanying regulations and guidance of the Internal Revenue Service.

(b) Any applicant must have legal authority to accept and convey title to properties for homesteading purposes.

Acts 1993, No. 1009, §§ 5, 6; 2011, No. 1013, § 3.
Ark. Code Ann. § 20-9-909 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-909
Information required with application
Status: in_force

In conjunction with the application, the private review agent shall submit information that the State Board of Health requires, including: (1) A utilization review plan that includes: (A) A description of review standards and procedures to be used in evaluating proposed or delivered hospital and medical care; and (B) The provisions by which patients, physicians, or hospitals may seek reconsideration or appeal of adverse decisions by the private review agent; (2) The type and qualifications of the personnel either employed or under contract to perform the utilization review; (3) The procedures and policies to ensure that a representative of the private review agent is reasonably accessible to patients and providers five (5) days a week during normal business hours in this state; (4) The policies and procedures to ensure that all applicable state and federal laws to protect the confidentiality of individual medical records are followed; (5) A copy of the materials designed to inform applicable patients and providers of the requirements of the utilization review plan; and (6) A list of the third party payors for which the private review agent is performing utilization review in this state. Acts 1989, No. 537, § 6.

In conjunction with the application, the private review agent shall submit information that the State Board of Health requires, including:

(1) A utilization review plan that includes: (A) A description of review standards and procedures to be used in evaluating proposed or delivered hospital and medical care; and (B) The provisions by which patients, physicians, or hospitals may seek reconsideration or appeal of adverse decisions by the private review agent;

(A) A description of review standards and procedures to be used in evaluating proposed or delivered hospital and medical care; and

(B) The provisions by which patients, physicians, or hospitals may seek reconsideration or appeal of adverse decisions by the private review agent;

(2) The type and qualifications of the personnel either employed or under contract to perform the utilization review;

(3) The procedures and policies to ensure that a representative of the private review agent is reasonably accessible to patients and providers five (5) days a week during normal business hours in this state;

(4) The policies and procedures to ensure that all applicable state and federal laws to protect the confidentiality of individual medical records are followed;

(5) A copy of the materials designed to inform applicable patients and providers of the requirements of the utilization review plan; and

(6) A list of the third party payors for which the private review agent is performing utilization review in this state.

Acts 1989, No. 537, § 6.
Ark. Code Ann. § 20-78-219 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-219
Fines and penalties - Disposition of funds
Status: in_force

(a) If any licensee fails to pay any monetary fine imposed as a civil penalty within sixty (60) days of the Division of Child Care and Early Childhood Education's decision imposing the penalty, the amount of the fine shall be considered to be a debt owed the State of Arkansas and may be collected by civil action. (b) (1) All fines and penalties collected under the provisions of this subchapter shall be special revenues to be deposited into the State Treasury to the credit of a special fund to be known as the "Child Care Fund", to be used by the division to meet the costs of conducting the statewide criminal records checks required under § 20-78-606 or to provide grants to childcare facilities for enhancement of the childcare facility or for training of personnel in childcare facilities under the direction of the division. (2) Subject to those rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services is authorized to transfer all unexpended funds relative to the fines and penalties collected from childcare facilities as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 2293, eff. 7/24/2019. Acts 1987, No. 856, § 1; 1997, No. 1132, § 18; 2009, No. 762, § 9.

(a) If any licensee fails to pay any monetary fine imposed as a civil penalty within sixty (60) days of the Division of Child Care and Early Childhood Education's decision imposing the penalty, the amount of the fine shall be considered to be a debt owed the State of Arkansas and may be collected by civil action.

(b) (1) All fines and penalties collected under the provisions of this subchapter shall be special revenues to be deposited into the State Treasury to the credit of a special fund to be known as the "Child Care Fund", to be used by the division to meet the costs of conducting the statewide criminal records checks required under § 20-78-606 or to provide grants to childcare facilities for enhancement of the childcare facility or for training of personnel in childcare facilities under the direction of the division. (2) Subject to those rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services is authorized to transfer all unexpended funds relative to the fines and penalties collected from childcare facilities as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

(1) All fines and penalties collected under the provisions of this subchapter shall be special revenues to be deposited into the State Treasury to the credit of a special fund to be known as the "Child Care Fund", to be used by the division to meet the costs of conducting the statewide criminal records checks required under § 20-78-606 or to provide grants to childcare facilities for enhancement of the childcare facility or for training of personnel in childcare facilities under the direction of the division.

(2) Subject to those rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services is authorized to transfer all unexpended funds relative to the fines and penalties collected from childcare facilities as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 2293, eff. 7/24/2019.

Acts 1987, No. 856, § 1; 1997, No. 1132, § 18; 2009, No. 762, § 9.
Ark. Code Ann. § 20-16-817 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-817
Effective date
Status: in_force

This subchapter takes effect on January 1, 2016. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

This subchapter takes effect on January 1, 2016.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-27-1012 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1012
Rules
Status: in_force

The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement this subchapter. Amended by Act 2019, No. 315,§ 2103, eff. 7/24/2019. Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.

The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement this subchapter.

Amended by Act 2019, No. 315,§ 2103, eff. 7/24/2019.

Added by Act 2013, No. 489,§ 4, eff. 3/22/2013.
Ark. Code Ann. § 20-16-1107 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1107
Procedure in case of medical emergency
Status: in_force

If a medical emergency compels a physician to perform an abortion, the physician shall inform the pregnant female before the abortion is performed, if possible, of the medical indications supporting the physician's judgment that: (1) An abortion is necessary to prevent her death; or (2) A twenty-four-hour delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female. Acts 2005, No. 1696, § 1.

If a medical emergency compels a physician to perform an abortion, the physician shall inform the pregnant female before the abortion is performed, if possible, of the medical indications supporting the physician's judgment that:

(1) An abortion is necessary to prevent her death; or

(2) A twenty-four-hour delay will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-7-113 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-113
Nuisances
Status: in_force

(a) (1) At any time, the Governor may require the State Board of Health to examine nuisances or questions affecting the security of life and health in any locality in the state, and in such cases the State Board of Health shall have all the necessary powers to make those examinations. The State Board of Health shall report the results to the Governor within the limits of time which he or she shall prescribe for the examination and report to be prepared and submitted. (2) At any time, whether an investigation is at the request of the State Board of Health, or whenever the Governor shall have directed an examination and report to be made by the State Board of Health into any alleged nuisance, any board of health of any city of the state may appoint and select any one (1) of its officers as its representative during the examination of any nuisance. This representative officer shall have a seat at and be entitled to take part in all the deliberations of the State Board of Health during the investigation but without the right to vote. (b) When approved by the Governor, the report of the examination shall be filed in the office of the Secretary of State, and the Governor, in relation to the matters or things found and certified by the State Board of Health to be a nuisance, may declare them to be public nuisances and order them to be changed as he or she shall direct, or be abated and removed. (c) Any violation of an order shall be held and punished as a misdemeanor, and thereafter the Governor, by his or her order in writing which is certified under his or her official seal and directed to the officers of the county in which the nuisance shall be situated, may require the prosecuting attorney, the sheriff, and the other officers of every county to take all necessary measures to execute the order of the Governor and to have it obeyed. Acts 1881, No. 85, §§ 8, 9, p. 177; C. & M. Dig., §§ 5133, 5134; Pope's Dig., §§ 6404, 6405; A.S.A. 1947, §§ 82-112, 82-113.

(a) (1) At any time, the Governor may require the State Board of Health to examine nuisances or questions affecting the security of life and health in any locality in the state, and in such cases the State Board of Health shall have all the necessary powers to make those examinations. The State Board of Health shall report the results to the Governor within the limits of time which he or she shall prescribe for the examination and report to be prepared and submitted. (2) At any time, whether an investigation is at the request of the State Board of Health, or whenever the Governor shall have directed an examination and report to be made by the State Board of Health into any alleged nuisance, any board of health of any city of the state may appoint and select any one (1) of its officers as its representative during the examination of any nuisance. This representative officer shall have a seat at and be entitled to take part in all the deliberations of the State Board of Health during the investigation but without the right to vote.

(1) At any time, the Governor may require the State Board of Health to examine nuisances or questions affecting the security of life and health in any locality in the state, and in such cases the State Board of Health shall have all the necessary powers to make those examinations. The State Board of Health shall report the results to the Governor within the limits of time which he or she shall prescribe for the examination and report to be prepared and submitted.

(2) At any time, whether an investigation is at the request of the State Board of Health, or whenever the Governor shall have directed an examination and report to be made by the State Board of Health into any alleged nuisance, any board of health of any city of the state may appoint and select any one (1) of its officers as its representative during the examination of any nuisance. This representative officer shall have a seat at and be entitled to take part in all the deliberations of the State Board of Health during the investigation but without the right to vote.

(b) When approved by the Governor, the report of the examination shall be filed in the office of the Secretary of State, and the Governor, in relation to the matters or things found and certified by the State Board of Health to be a nuisance, may declare them to be public nuisances and order them to be changed as he or she shall direct, or be abated and removed.

(c) Any violation of an order shall be held and punished as a misdemeanor, and thereafter the Governor, by his or her order in writing which is certified under his or her official seal and directed to the officers of the county in which the nuisance shall be situated, may require the prosecuting attorney, the sheriff, and the other officers of every county to take all necessary measures to execute the order of the Governor and to have it obeyed.

Acts 1881, No. 85, §§ 8, 9, p. 177; C. & M. Dig., §§ 5133, 5134; Pope's Dig., §§ 6404, 6405; A.S.A. 1947, §§ 82-112, 82-113.
Ark. Code Ann. § 20-78-208 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-208
Unlicensed childcare facility unlawful
Status: in_force

(a) It shall be unlawful for any person, partnership, group, corporation, organization, or association to operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services. (b) It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter to knowingly violate the orders issued by the division, or to advertise the provision of child care which is not licensed or approved or exempt by the division. (c) A violation of this section shall be a Class C misdemeanor. Acts 1969, No. 434, § 3; A.S.A. 1947, § 83-903; Acts 1991, No. 888, § 3; 1997, No. 1132, § 7.

(a) It shall be unlawful for any person, partnership, group, corporation, organization, or association to operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services.

(b) It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter to knowingly violate the orders issued by the division, or to advertise the provision of child care which is not licensed or approved or exempt by the division.

(c) A violation of this section shall be a Class C misdemeanor.

Acts 1969, No. 434, § 3; A.S.A. 1947, § 83-903; Acts 1991, No. 888, § 3; 1997, No. 1132, § 7.
Ark. Code Ann. § 20-61-207 — AR Code / Title 20 / Chapter 61 / Subchapter 2 / Section 20-61-207
Authority to enter into certain agreements
Status: in_force

The Director of the Arkansas Bureau of Standards may cooperate with and enter into agreements with governmental agencies of this state, agencies of the United States Government, and private associations in order to carry out the purpose and provisions of this subchapter. Acts 1975 (Extended Sess., 1976), No. 1209, § 8; A.S.A. 1947, § 82-994; reen. Acts 1987, No. 1005, § 8.

The Director of the Arkansas Bureau of Standards may cooperate with and enter into agreements with governmental agencies of this state, agencies of the United States Government, and private associations in order to carry out the purpose and provisions of this subchapter.

Acts 1975 (Extended Sess., 1976), No. 1209, § 8; A.S.A. 1947, § 82-994; reen. Acts 1987, No. 1005, § 8.
Ark. Code Ann. § 20-16-1601 — AR Code / Title 20 / Chapter 16 / Subchapter 16 / Section 20-16-1601
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing an instrument, medicine, drug, device, or another substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life of the mother; (ii) Save the life or preserve the health of the unborn child; (iii) Remove a dead unborn child caused by spontaneous abortion; or (iv) Remove an ectopic pregnancy; (2) "Abortion referral" means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion; (3) "Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity; (4) "Pregnancy" means the female reproductive condition of having an unborn child in the woman's uterus; and (5) "Unborn child" means the offspring of human beings from fertilization until birth. Added by Act 2015, No. 996,§ 2, eff. 7/22/2015.

As used in this subchapter:

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

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

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

(i) Save the life of the mother;

(ii) Save the life or preserve the health of the unborn child;

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

(iv) Remove an ectopic pregnancy;

(2) "Abortion referral" means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion;

(3) "Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity;

(4) "Pregnancy" means the female reproductive condition of having an unborn child in the woman's uterus; and

(5) "Unborn child" means the offspring of human beings from fertilization until birth.

Added by Act 2015, No. 996,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-27-1501 — AR Code / Title 20 / Chapter 27 / Subchapter 15 / Section 20-27-1501
[Repealed]
Status: repealed

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5033, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2288, eff. 7/1/2019. Amended by Act 2017, No. 565,§ 26, eff. 3/22/2017. Amended by Act 2013, No. 597,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 596,§ 1, eff. 8/16/2013. Acts 2001, No. 414, § 1; 2005, No. 897, § 1; 2007, No. 230, § 1.

Repealed by Act 2021, No. 900,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5033, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2288, eff. 7/1/2019.

Amended by Act 2017, No. 565,§ 26, eff. 3/22/2017.

Amended by Act 2013, No. 597,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 596,§ 1, eff. 8/16/2013.

Acts 2001, No. 414, § 1; 2005, No. 897, § 1; 2007, No. 230, § 1.
Ark. Code Ann. § 20-15-2401 — AR Code / Title 20 / Chapter 15 / Subchapter 24 / Section 20-15-2401
Maternal and Perinatal Outcomes Quality Review Committee
Status: in_force

(a) (1) The Department of Health shall establish the Maternal and Perinatal Outcomes Quality Review Committee to review data on births and to develop strategies for improving birth outcomes. (2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department. (b) The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section. Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.

(a) (1) The Department of Health shall establish the Maternal and Perinatal Outcomes Quality Review Committee to review data on births and to develop strategies for improving birth outcomes. (2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department.

(1) The Department of Health shall establish the Maternal and Perinatal Outcomes Quality Review Committee to review data on births and to develop strategies for improving birth outcomes.

(2) The committee shall be multidisciplinary and composed of members as deemed appropriate by the department.

(b) The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section.

Added by Act 2019, No. 1032,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-77-124 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-124
Medicaid waiver for autism spectrum disorder - Definitions
Status: in_force

(a) As used in this section: (1) "Autism spectrum disorder" means a condition that is diagnosed by at least two (2) qualified professionals who both conclude that a child fully meets the diagnostic criteria under the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders; (2) "Evidence-based treatment" means treatment subject to research that applies rigorous, systematic, and objective procedures to obtain valid knowledge of effectiveness relative to autism spectrum disorder as published by the National Standards Report by the National Autism Center; (3) "Intensive early intervention treatment" means individualized treatment utilizing evidence-based treatment determined appropriate following a detailed assessment of the child that occurs: (A) In the home of the child or a natural community setting; and (B) In the presence of the parent or legal guardian of the child; and (4) (A) "Qualified professional" means a professional who is educated and licensed in fields related to physical health, mental health, and child and adolescent physical and psychological development. (B) "Qualified professional" only includes a licensed physician, licensed psychologist, or licensed speech-language pathologist. (b) (1) The Department of Human Services shall maintain a Medicaid waiver from the Centers for Medicare & Medicaid Services to provide intensive early intervention treatment to any eligible child who has a primary diagnosis of an autism spectrum disorder. (2) The waiver shall provide services for young children consistent with the terms specified in the waiver application approved by the Centers for Medicare & Medicaid Services. (3) The waiver shall seek to develop skills of children in the areas of cognition, behavior, communication, and social interaction. (c) To the extent funding becomes appropriated and available, the department shall apply to add additional eligibility slots to the Medicaid waiver for autism spectrum disorder. Amended by Act 2021, No. 656,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 1008,§ 1, eff. 7/22/2015. Acts 2007, No. 1198, § 1.

(a) As used in this section: (1) "Autism spectrum disorder" means a condition that is diagnosed by at least two (2) qualified professionals who both conclude that a child fully meets the diagnostic criteria under the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders; (2) "Evidence-based treatment" means treatment subject to research that applies rigorous, systematic, and objective procedures to obtain valid knowledge of effectiveness relative to autism spectrum disorder as published by the National Standards Report by the National Autism Center; (3) "Intensive early intervention treatment" means individualized treatment utilizing evidence-based treatment determined appropriate following a detailed assessment of the child that occurs: (A) In the home of the child or a natural community setting; and (B) In the presence of the parent or legal guardian of the child; and (4) (A) "Qualified professional" means a professional who is educated and licensed in fields related to physical health, mental health, and child and adolescent physical and psychological development. (B) "Qualified professional" only includes a licensed physician, licensed psychologist, or licensed speech-language pathologist.

(1) "Autism spectrum disorder" means a condition that is diagnosed by at least two (2) qualified professionals who both conclude that a child fully meets the diagnostic criteria under the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders;

(2) "Evidence-based treatment" means treatment subject to research that applies rigorous, systematic, and objective procedures to obtain valid knowledge of effectiveness relative to autism spectrum disorder as published by the National Standards Report by the National Autism Center;

(3) "Intensive early intervention treatment" means individualized treatment utilizing evidence-based treatment determined appropriate following a detailed assessment of the child that occurs: (A) In the home of the child or a natural community setting; and (B) In the presence of the parent or legal guardian of the child; and

(A) In the home of the child or a natural community setting; and

(B) In the presence of the parent or legal guardian of the child; and

(4) (A) "Qualified professional" means a professional who is educated and licensed in fields related to physical health, mental health, and child and adolescent physical and psychological development. (B) "Qualified professional" only includes a licensed physician, licensed psychologist, or licensed speech-language pathologist.

(A) "Qualified professional" means a professional who is educated and licensed in fields related to physical health, mental health, and child and adolescent physical and psychological development.

(B) "Qualified professional" only includes a licensed physician, licensed psychologist, or licensed speech-language pathologist.

(b) (1) The Department of Human Services shall maintain a Medicaid waiver from the Centers for Medicare & Medicaid Services to provide intensive early intervention treatment to any eligible child who has a primary diagnosis of an autism spectrum disorder. (2) The waiver shall provide services for young children consistent with the terms specified in the waiver application approved by the Centers for Medicare & Medicaid Services. (3) The waiver shall seek to develop skills of children in the areas of cognition, behavior, communication, and social interaction.

(1) The Department of Human Services shall maintain a Medicaid waiver from the Centers for Medicare & Medicaid Services to provide intensive early intervention treatment to any eligible child who has a primary diagnosis of an autism spectrum disorder.

(2) The waiver shall provide services for young children consistent with the terms specified in the waiver application approved by the Centers for Medicare & Medicaid Services.

(3) The waiver shall seek to develop skills of children in the areas of cognition, behavior, communication, and social interaction.

(c) To the extent funding becomes appropriated and available, the department shall apply to add additional eligibility slots to the Medicaid waiver for autism spectrum disorder.

Amended by Act 2021, No. 656,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 1008,§ 1, eff. 7/22/2015.

Acts 2007, No. 1198, § 1.
Ark. Code Ann. § 20-19-309 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-309
Area quarantine
Status: in_force

(a) (1) The Secretary of the Department of Health shall place certain areas under a rabies quarantine upon request of proper local officials. (2) In serious situations, the secretary may place the area under quarantine without waiting for a local request. (b) The occurrence of three (3) or more positive rabies cases in animals shall be sufficient basis for placing an area under quarantine. (c) The positive rabies cases shall be laboratory-confirmed by the public health laboratory or any other laboratory acceptable to or approved by the secretary. Amended by Act 2019, No. 910,§ 5014, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 11, § 4; 1975, No. 725, § 3; A.S.A. 1947, § 82-2404.

(a) (1) The Secretary of the Department of Health shall place certain areas under a rabies quarantine upon request of proper local officials. (2) In serious situations, the secretary may place the area under quarantine without waiting for a local request.

(1) The Secretary of the Department of Health shall place certain areas under a rabies quarantine upon request of proper local officials.

(2) In serious situations, the secretary may place the area under quarantine without waiting for a local request.

(b) The occurrence of three (3) or more positive rabies cases in animals shall be sufficient basis for placing an area under quarantine.

(c) The positive rabies cases shall be laboratory-confirmed by the public health laboratory or any other laboratory acceptable to or approved by the secretary.

Amended by Act 2019, No. 910,§ 5014, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 11, § 4; 1975, No. 725, § 3; A.S.A. 1947, § 82-2404.
Ark. Code Ann. § 20-48-302 — AR Code / Title 20 / Chapter 48 / Subchapter 3 / Section 20-48-302
Authority to participate
Status: in_force

(a) Subject to the conditions and limitations contained in this subchapter, the Board of Developmental Disabilities Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performing its responsibility to the residents of Arkansas with intellectual and other developmental disabilities. (b) The agreements may include financial participation, using any funds that are at its disposal, to the extent that similar services would be performed within the state. Amended by Act 2019, No. 1035,§ 26, eff. 7/24/2019. Acts 1973, No. 465, § 2; A.S.A. 1947, § 59-1014.

(a) Subject to the conditions and limitations contained in this subchapter, the Board of Developmental Disabilities Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performing its responsibility to the residents of Arkansas with intellectual and other developmental disabilities.

(b) The agreements may include financial participation, using any funds that are at its disposal, to the extent that similar services would be performed within the state.

Amended by Act 2019, No. 1035,§ 26, eff. 7/24/2019.

Acts 1973, No. 465, § 2; A.S.A. 1947, § 59-1014.
Ark. Code Ann. § 20-17-1003 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1003
Application of subchapter - Exceptions
Status: in_force

(a) This subchapter applies to all cemeteries and burial grounds located in the State of Arkansas unless the cemetery is owned and operated by: (1) A church or similar religious organization; (2) A municipality or county government; (3) A family, exclusively for its own family use; or (4) A community nonprofit association in which no person is entitled to receive pecuniary profit other than the bookkeeper and maintenance crew. (b) Persons who do not and have never received more than two thousand dollars ($2,000) gross proceeds in any one (1) year from the sale of parcels of realty to be used as human burial sites are exempt from this subchapter. (c) All cemeteries that advertise or operate all or a part thereof as perpetual care or permanent maintenance cemeteries shall be subject to this subchapter regardless of the organization of the person or group owning and operating the cemetery or burial grounds. Acts 1977, No. 352, § 3; 1981, No. 819, § 1; A.S.A. 1947, §§ 82-426.3, 82-426.3a.

(a) This subchapter applies to all cemeteries and burial grounds located in the State of Arkansas unless the cemetery is owned and operated by: (1) A church or similar religious organization; (2) A municipality or county government; (3) A family, exclusively for its own family use; or (4) A community nonprofit association in which no person is entitled to receive pecuniary profit other than the bookkeeper and maintenance crew.

(1) A church or similar religious organization;

(2) A municipality or county government;

(3) A family, exclusively for its own family use; or

(4) A community nonprofit association in which no person is entitled to receive pecuniary profit other than the bookkeeper and maintenance crew.

(b) Persons who do not and have never received more than two thousand dollars ($2,000) gross proceeds in any one (1) year from the sale of parcels of realty to be used as human burial sites are exempt from this subchapter.

(c) All cemeteries that advertise or operate all or a part thereof as perpetual care or permanent maintenance cemeteries shall be subject to this subchapter regardless of the organization of the person or group owning and operating the cemetery or burial grounds.

Acts 1977, No. 352, § 3; 1981, No. 819, § 1; A.S.A. 1947, §§ 82-426.3, 82-426.3a.
Ark. Code Ann. § 20-10-2007 — AR Code / Title 20 / Chapter 10 / Subchapter 20 / Section 20-10-2007
Penalties and enforcement
Status: in_force

(a) Each person establishing, conducting, managing, constructing, or operating an assisted living facility or residential care facility without a license in violation of this subchapter or using the terms "assisted living", "residential care", or similar term to promote the facility's services without first having obtained a license is subject to penalties under this chapter for operating an unlicensed long-term care facility. (b) The Department of Human Services shall have the same powers to enforce this subchapter as are authorized in § 20-10-215 . (c) (1) The department may enter and inspect suspected unlicensed assisted living or residential care facilities, including any combination of separate entities working in concert within the meaning of § 20-10-215 without first having secured a warrant. (2) If a facility denies or refuses the department entry or denies, refuses, or interferes with inspection by the department, the department may apply for and shall be granted an injunction in the name of the state to prohibit the facility from operating until the department is permitted to enter and inspect the facility. Acts 2005, No. 2191, § 10.

(a) Each person establishing, conducting, managing, constructing, or operating an assisted living facility or residential care facility without a license in violation of this subchapter or using the terms "assisted living", "residential care", or similar term to promote the facility's services without first having obtained a license is subject to penalties under this chapter for operating an unlicensed long-term care facility.

(b) The Department of Human Services shall have the same powers to enforce this subchapter as are authorized in § 20-10-215 .

(c) (1) The department may enter and inspect suspected unlicensed assisted living or residential care facilities, including any combination of separate entities working in concert within the meaning of § 20-10-215 without first having secured a warrant. (2) If a facility denies or refuses the department entry or denies, refuses, or interferes with inspection by the department, the department may apply for and shall be granted an injunction in the name of the state to prohibit the facility from operating until the department is permitted to enter and inspect the facility.

(1) The department may enter and inspect suspected unlicensed assisted living or residential care facilities, including any combination of separate entities working in concert within the meaning of § 20-10-215 without first having secured a warrant.

(2) If a facility denies or refuses the department entry or denies, refuses, or interferes with inspection by the department, the department may apply for and shall be granted an injunction in the name of the state to prohibit the facility from operating until the department is permitted to enter and inspect the facility.

Acts 2005, No. 2191, § 10.
Ark. Code Ann. § 20-18-102 — AR Code / Title 20 / Chapter 18 / Subchapter 1 / Section 20-18-102
Definitions
Status: in_force

As used in this chapter: (1) "Board" means the State Board of Health; (2) "Date of filing" means the date a vital record is accepted for registration by the Division of Vital Records of the Department of Health; (3) "Dead body" means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred; (4) (A) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception irrespective of the duration of pregnancy and which is not an induced termination of pregnancy. The death is indicated by the fact that after the expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats shall be distinguished from the transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps. (B) "Induced termination of pregnancy" means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant, and which does not result in a live birth, except that this definition excludes management of prolonged retention of products of conception following fetal death. (C) "Spontaneous fetal death", "stillbirth", or "miscarriage" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy; (5) "File" means the presentation and acceptance of a vital record provided for in this chapter for registration by the Division of Vital Records; (6) "Final disposition" means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus; (7) "Institution" means any establishment, public or private, which provides inpatient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law; (8) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after the expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats shall be distinguished from transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps; (9) "Physician" means a person authorized or licensed to practice medicine, chiropractic, or osteopathy pursuant to the laws of this state; (10) "Registration" means the process by which vital records are completed, filed, and incorporated into the official records of the Division of Vital Records; (11) "State registrar" means the State Registrar of Vital Records; (12) "System of vital statistics" includes the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this chapter, and activities related thereto, including the tabulation, analysis, publication, and dissemination of vital statistics; (13) "Vital records" means certificates or reports of birth, death, marriage, divorce, or annulment and the data related thereto; (14) "Vital reports" means reports of fetal death and induced termination of pregnancy and data related thereto; and (15) "Vital statistics" means the data derived from certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, or annulment and related reports but does not mean or include the unintentional destruction of a fetus in performance of the surgical procedure dilation and curettage. Acts 1981, No. 120, § 1; A.S.A. 1947, § 82-501; Acts 1995, No. 1254, § 1.

As used in this chapter:

(1) "Board" means the State Board of Health;

(2) "Date of filing" means the date a vital record is accepted for registration by the Division of Vital Records of the Department of Health;

(3) "Dead body" means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred;

(4) (A) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception irrespective of the duration of pregnancy and which is not an induced termination of pregnancy. The death is indicated by the fact that after the expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats shall be distinguished from the transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps. (B) "Induced termination of pregnancy" means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant, and which does not result in a live birth, except that this definition excludes management of prolonged retention of products of conception following fetal death. (C) "Spontaneous fetal death", "stillbirth", or "miscarriage" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy;

(A) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception irrespective of the duration of pregnancy and which is not an induced termination of pregnancy. The death is indicated by the fact that after the expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats shall be distinguished from the transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps.

(B) "Induced termination of pregnancy" means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant, and which does not result in a live birth, except that this definition excludes management of prolonged retention of products of conception following fetal death.

(C) "Spontaneous fetal death", "stillbirth", or "miscarriage" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy;

(5) "File" means the presentation and acceptance of a vital record provided for in this chapter for registration by the Division of Vital Records;

(6) "Final disposition" means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus;

(7) "Institution" means any establishment, public or private, which provides inpatient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law;

(8) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after the expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats shall be distinguished from transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps;

(9) "Physician" means a person authorized or licensed to practice medicine, chiropractic, or osteopathy pursuant to the laws of this state;

(10) "Registration" means the process by which vital records are completed, filed, and incorporated into the official records of the Division of Vital Records;

(11) "State registrar" means the State Registrar of Vital Records;

(12) "System of vital statistics" includes the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this chapter, and activities related thereto, including the tabulation, analysis, publication, and dissemination of vital statistics;

(13) "Vital records" means certificates or reports of birth, death, marriage, divorce, or annulment and the data related thereto;

(14) "Vital reports" means reports of fetal death and induced termination of pregnancy and data related thereto; and

(15) "Vital statistics" means the data derived from certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, or annulment and related reports but does not mean or include the unintentional destruction of a fetus in performance of the surgical procedure dilation and curettage.

Acts 1981, No. 120, § 1; A.S.A. 1947, § 82-501; Acts 1995, No. 1254, § 1.
Ark. Code Ann. § 20-13-1004 — AR Code / Title 20 / Chapter 13 / Subchapter 10 / Section 20-13-1004
Advertising restrictions - Service area
Status: in_force

(a) An ambulance service shall not in any way advertise to the general public the service areas, skills, procedures, or personnel certification levels which it cannot provide on every emergency request, twenty-four (24) hours a day, seven (7) days a week. (b) The service area shall be clearly identified in writing and shall be on file with the Department of Health. Acts 1997, No. 1255, § 5.

(a) An ambulance service shall not in any way advertise to the general public the service areas, skills, procedures, or personnel certification levels which it cannot provide on every emergency request, twenty-four (24) hours a day, seven (7) days a week.

(b) The service area shall be clearly identified in writing and shall be on file with the Department of Health.

Acts 1997, No. 1255, § 5.
Ark. Code Ann. § 20-47-203 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-203
Habeas corpus
Status: in_force

Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law. Acts 1989, No. 861, § 24.

Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law.

Acts 1989, No. 861, § 24.
Ark. Code Ann. § 20-15-2109 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2109
Remedy
Status: in_force

The counseling, advice, or recommendation by a medical professional who is licensed under state law is not a violation of this subchapter. Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

The counseling, advice, or recommendation by a medical professional who is licensed under state law is not a violation of this subchapter.

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-77-2606 — AR Code / Title 20 / Chapter 77 / Subchapter 26 / Section 20-77-2606
Consultation with caregiver - Discharge plan
Status: in_force

(a) (1) As soon as practicable before the discharge of the patient, the hospital shall attempt to consult with the designated caregiver to prepare the caregiver to provide for the aftercare needs of the patient. (2) As part of the consultation under subdivision (a)(1) of this section, the hospital shall provide the designated caregiver the opportunity to ask questions and receive answers about the aftercare needs of the patient. (b) (1) At or before discharge, the hospital shall provide the caregiver with the discharge plan of the patient that describes any aftercare needs of the patient. (2) The hospital will educate the caregiver concerning the aftercare of the patient in a manner that is consistent with current accepted practices and is based on the learning needs of the caregiver. (c) In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect an appropriate discharge of the patient. Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.

(a) (1) As soon as practicable before the discharge of the patient, the hospital shall attempt to consult with the designated caregiver to prepare the caregiver to provide for the aftercare needs of the patient. (2) As part of the consultation under subdivision (a)(1) of this section, the hospital shall provide the designated caregiver the opportunity to ask questions and receive answers about the aftercare needs of the patient.

(1) As soon as practicable before the discharge of the patient, the hospital shall attempt to consult with the designated caregiver to prepare the caregiver to provide for the aftercare needs of the patient.

(2) As part of the consultation under subdivision (a)(1) of this section, the hospital shall provide the designated caregiver the opportunity to ask questions and receive answers about the aftercare needs of the patient.

(b) (1) At or before discharge, the hospital shall provide the caregiver with the discharge plan of the patient that describes any aftercare needs of the patient. (2) The hospital will educate the caregiver concerning the aftercare of the patient in a manner that is consistent with current accepted practices and is based on the learning needs of the caregiver.

(1) At or before discharge, the hospital shall provide the caregiver with the discharge plan of the patient that describes any aftercare needs of the patient.

(2) The hospital will educate the caregiver concerning the aftercare of the patient in a manner that is consistent with current accepted practices and is based on the learning needs of the caregiver.

(c) In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect an appropriate discharge of the patient.

Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-15-204 — AR Code / Title 20 / Chapter 15 / Subchapter 2 / Section 20-15-204
Agreements with other states
Status: in_force

(a) The Department of Health may enter into agreements with other states and federal organizations authorized to exchange registry data. (b) The agreements shall prohibit divulging information to entities without prior approval of the department. Acts 1989, No. 435, § 2.

(a) The Department of Health may enter into agreements with other states and federal organizations authorized to exchange registry data.

(b) The agreements shall prohibit divulging information to entities without prior approval of the department.

Acts 1989, No. 435, § 2.
Ark. Code Ann. § 20-10-1804 — AR Code / Title 20 / Chapter 10 / Subchapter 18 / Section 20-10-1804
Penalties
Status: in_force

(a) (1) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility: (A) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Department of Human Services for each month in which the facility fails to comply with any provision of this subchapter; (B) (i) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours. (ii) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies; (C) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the department; and (D) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each new admission that occurs during a period in which new admissions are prohibited. (2) Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to § 20-10-208 . (3) Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to § 20-10-303 [repealed]. (b) Penalties allowed under this subchapter may be waived by the department for any existing facility that is scheduled to be replaced by a new facility that is under construction as of June 1, 2002. (c) Penalties under this subchapter shall be waived when the generator is rendered inoperable due to natural disaster or other conditions beyond the control or authority of the facility and when the facility has taken reasonable actions to ensure the operation of the generator. Amended by Act 2021, No. 1017,§ 17, eff. 7/28/2021. Acts 2001, No. 1602, § 1.

(a) (1) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility: (A) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Department of Human Services for each month in which the facility fails to comply with any provision of this subchapter; (B) (i) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours. (ii) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies; (C) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the department; and (D) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each new admission that occurs during a period in which new admissions are prohibited. (2) Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to § 20-10-208 . (3) Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to § 20-10-303 [repealed].

(1) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility: (A) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Department of Human Services for each month in which the facility fails to comply with any provision of this subchapter; (B) (i) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours. (ii) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies; (C) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the department; and (D) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each new admission that occurs during a period in which new admissions are prohibited.

(A) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Department of Human Services for each month in which the facility fails to comply with any provision of this subchapter;

(B) (i) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours. (ii) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies;

(i) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours.

(ii) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies;

(C) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the department; and

(D) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each new admission that occurs during a period in which new admissions are prohibited.

(2) Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to § 20-10-208 .

(3) Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to § 20-10-303 [repealed].

(b) Penalties allowed under this subchapter may be waived by the department for any existing facility that is scheduled to be replaced by a new facility that is under construction as of June 1, 2002.

(c) Penalties under this subchapter shall be waived when the generator is rendered inoperable due to natural disaster or other conditions beyond the control or authority of the facility and when the facility has taken reasonable actions to ensure the operation of the generator.

Amended by Act 2021, No. 1017,§ 17, eff. 7/28/2021.

Acts 2001, No. 1602, § 1.
Ark. Code Ann. § 20-7-401 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Department of Health Public Health Laboratory Act of 2003". Acts 2003, No. 1723, § 1.

This subchapter shall be known and may be cited as the "Department of Health Public Health Laboratory Act of 2003".

Acts 2003, No. 1723, § 1.
Ark. Code Ann. § 20-77-1405 — AR Code / Title 20 / Chapter 77 / Subchapter 14 / Section 20-77-1405
Waiver application
Status: in_force

Any waiver application submitted by the Department of Human Services shall include provisions for the department to: (1) (A) Establish an income eligibility standard not to exceed: (i) Eighty percent (80%) of the federal poverty guideline for the period July 1, 2001, through June 30, 2002; (ii) Ninety percent (90%) of the federal poverty guideline for the period July 1, 2002, through June 30, 2003; and (iii) One hundred percent (100%) of the federal poverty guideline after June 30, 2003. (B) Postpone or abolish any increases to the income eligibility standards if program costs exceed projections or if adequate funding is unavailable; (2) Require qualified residents to pay an annual enrollment fee of twenty-five dollars ($25.00) during the biennium beginning July 1, 2001; (3) Have the authority to amend the qualified resident enrollment fee by rule beginning July 1, 2003, provided that qualified resident enrollment fee increases may not exceed fifteen percent (15%) during any state fiscal year; (4) Establish copayments of ten dollars ($10.00) for generic drugs and twenty dollars ($20.00) for name-brand drugs; (5) Determine eligibility for limited prescription drug benefits under the waiver; (6) Limit prescription drug benefits under the waiver to two (2) prescriptions per person per month; and (7) Provide limited prescription drug benefits only in accordance with an approved waiver from the Centers for Medicare & Medicaid Services. Acts 2001, No. 1658, § 1.

Any waiver application submitted by the Department of Human Services shall include provisions for the department to:

(1) (A) Establish an income eligibility standard not to exceed: (i) Eighty percent (80%) of the federal poverty guideline for the period July 1, 2001, through June 30, 2002; (ii) Ninety percent (90%) of the federal poverty guideline for the period July 1, 2002, through June 30, 2003; and (iii) One hundred percent (100%) of the federal poverty guideline after June 30, 2003. (B) Postpone or abolish any increases to the income eligibility standards if program costs exceed projections or if adequate funding is unavailable;

(A) Establish an income eligibility standard not to exceed: (i) Eighty percent (80%) of the federal poverty guideline for the period July 1, 2001, through June 30, 2002; (ii) Ninety percent (90%) of the federal poverty guideline for the period July 1, 2002, through June 30, 2003; and (iii) One hundred percent (100%) of the federal poverty guideline after June 30, 2003.

(i) Eighty percent (80%) of the federal poverty guideline for the period July 1, 2001, through June 30, 2002;

(ii) Ninety percent (90%) of the federal poverty guideline for the period July 1, 2002, through June 30, 2003; and

(iii) One hundred percent (100%) of the federal poverty guideline after June 30, 2003.

(B) Postpone or abolish any increases to the income eligibility standards if program costs exceed projections or if adequate funding is unavailable;

(2) Require qualified residents to pay an annual enrollment fee of twenty-five dollars ($25.00) during the biennium beginning July 1, 2001;

(3) Have the authority to amend the qualified resident enrollment fee by rule beginning July 1, 2003, provided that qualified resident enrollment fee increases may not exceed fifteen percent (15%) during any state fiscal year;

(4) Establish copayments of ten dollars ($10.00) for generic drugs and twenty dollars ($20.00) for name-brand drugs;

(5) Determine eligibility for limited prescription drug benefits under the waiver;

(6) Limit prescription drug benefits under the waiver to two (2) prescriptions per person per month; and

(7) Provide limited prescription drug benefits only in accordance with an approved waiver from the Centers for Medicare & Medicaid Services.

Acts 2001, No. 1658, § 1.
Ark. Code Ann. § 20-22-904 — AR Code / Title 20 / Chapter 22 / Subchapter 9 / Section 20-22-904
Lien on uninsured nonmember's property
Status: in_force

(a) If the property which is the subject of the alarm is owned by a nonmember and is not insured and if the volunteer fire department has not been paid for the services rendered, then the volunteer fire department shall have an absolute lien on the real and personal property which is the subject of the alarm for the work and labor performed in responding to or fighting the fire to secure the payment of the work and labor performed. (b) The lien on real property shall attach to the real estate upon which the property is located and all improvements thereon. (c) The lien on personalty shall attach to all personal property owned by the nonmember located within the county in which the alarm occurred. Acts 1987, No. 836, § 3; 1997, No. 1150, § 3.

(a) If the property which is the subject of the alarm is owned by a nonmember and is not insured and if the volunteer fire department has not been paid for the services rendered, then the volunteer fire department shall have an absolute lien on the real and personal property which is the subject of the alarm for the work and labor performed in responding to or fighting the fire to secure the payment of the work and labor performed.

(b) The lien on real property shall attach to the real estate upon which the property is located and all improvements thereon.

(c) The lien on personalty shall attach to all personal property owned by the nonmember located within the county in which the alarm occurred.

Acts 1987, No. 836, § 3; 1997, No. 1150, § 3.
Ark. Code Ann. § 20-47-503 — AR Code / Title 20 / Chapter 47 / Subchapter 5 / Section 20-47-503
System of care
Status: in_force

The following guiding principles shall be incorporated into the system of care: (1) Services shall be child-centered and family-centered and give priority to keeping children with their families; (2) Services shall be community-based, with decision-making responsibility and management at the regional and local levels; (3) Services shall be comprehensive, addressing the child's physical, educational, social, and emotional needs; (4) Agency resources and services shall be shared and coordinated; (5) Services shall be provided in the least restrictive setting consistent with effective services and as close to home as appropriate; (6) Services shall be culturally and ethnically sensitive; (7) Services shall address the unique needs and potential of each child and shall be sufficiently flexible to meet highly individualized child and family needs; (8) Services shall promote early identification and intervention; and (9) Services shall be designed to protect the rights of children. Acts 1991, No. 964, § 3.

The following guiding principles shall be incorporated into the system of care:

(1) Services shall be child-centered and family-centered and give priority to keeping children with their families;

(2) Services shall be community-based, with decision-making responsibility and management at the regional and local levels;

(3) Services shall be comprehensive, addressing the child's physical, educational, social, and emotional needs;

(4) Agency resources and services shall be shared and coordinated;

(5) Services shall be provided in the least restrictive setting consistent with effective services and as close to home as appropriate;

(6) Services shall be culturally and ethnically sensitive;

(7) Services shall address the unique needs and potential of each child and shall be sufficiently flexible to meet highly individualized child and family needs;

(8) Services shall promote early identification and intervention; and

(9) Services shall be designed to protect the rights of children.

Acts 1991, No. 964, § 3.
Ark. Code Ann. § 20-7-702 — AR Code / Title 20 / Chapter 7 / Subchapter 7 / Section 20-7-702
Definitions
Status: in_force

As used in this subchapter: (1) "Chronic nonmalignant pain" means pain requiring more than three (3) consecutive months of prescriptions for: (A) An opioid that is written for more than the equivalent of ninety (90) tablets, each containing five milligrams (5 mg) of hydrocodone; (B) A morphine equivalent dose of more than fifteen milligrams (15 mg) per day; or (C) In the specific case of tramadol, an average dose equivalent of two hundred milligrams (200 mg) or greater per day; (2) "Hospital" means a healthcare facility licensed as a hospital by the State Board of Health under § 20-9-213 ; (3) "Opioid" means a drug or medication that relieves pain, including without limitation: (A) Codeine; (B) Fentanyl; (C) Heroin; (D) Hydrocodone; (E) Morphine; and (F) Oxycodone; and (4) "Prescriber" means a practitioner or other authorized person who prescribes a Schedule II, III, IV, or V controlled substance. Amended by Act 2017, No. 72,§ 1, eff. 8/1/2017. Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.

As used in this subchapter:

(1) "Chronic nonmalignant pain" means pain requiring more than three (3) consecutive months of prescriptions for: (A) An opioid that is written for more than the equivalent of ninety (90) tablets, each containing five milligrams (5 mg) of hydrocodone; (B) A morphine equivalent dose of more than fifteen milligrams (15 mg) per day; or (C) In the specific case of tramadol, an average dose equivalent of two hundred milligrams (200 mg) or greater per day;

(A) An opioid that is written for more than the equivalent of ninety (90) tablets, each containing five milligrams (5 mg) of hydrocodone;

(B) A morphine equivalent dose of more than fifteen milligrams (15 mg) per day; or

(C) In the specific case of tramadol, an average dose equivalent of two hundred milligrams (200 mg) or greater per day;

(2) "Hospital" means a healthcare facility licensed as a hospital by the State Board of Health under § 20-9-213 ;

(3) "Opioid" means a drug or medication that relieves pain, including without limitation: (A) Codeine; (B) Fentanyl; (C) Heroin; (D) Hydrocodone; (E) Morphine; and (F) Oxycodone; and

(A) Codeine;

(B) Fentanyl;

(C) Heroin;

(D) Hydrocodone;

(E) Morphine; and

(F) Oxycodone; and

(4) "Prescriber" means a practitioner or other authorized person who prescribes a Schedule II, III, IV, or V controlled substance.

Amended by Act 2017, No. 72,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 1208,§ 6, eff. 7/22/2015.
Ark. Code Ann. § 20-10-911 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-911
Duration of receivership
Status: in_force

(a) The receiver shall be appointed for an initial period of not more than six (6) months. (b) The initial six-month period may be extended for an additional period of ninety (90) days with approval of the circuit court upon a showing of good cause. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

(a) The receiver shall be appointed for an initial period of not more than six (6) months.

(b) The initial six-month period may be extended for an additional period of ninety (90) days with approval of the circuit court upon a showing of good cause.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-21-209 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-209
State Radiation Control Agency - Recognition of other licenses or registrations
Status: in_force

Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses or registrations, or equivalents, as the State Radiation Control Agency may deem desirable, subject to such licensing or registration requirements as the agency may prescribe. Amended by Act 2021, No. 268,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2017, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.

Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses or registrations, or equivalents, as the State Radiation Control Agency may deem desirable, subject to such licensing or registration requirements as the agency may prescribe.

Amended by Act 2021, No. 268,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2017, eff. 7/24/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.
Ark. Code Ann. § 20-15-1101 — AR Code / Title 20 / Chapter 15 / Subchapter 11 / Section 20-15-1101
Purpose
Status: in_force

The purpose of this subchapter is to provide a statewide coordinated early intervention program to identify and follow up with testing and treatment of newborn infants who are at risk for hearing impairment. Acts 1993, No. 1096, § 1.

The purpose of this subchapter is to provide a statewide coordinated early intervention program to identify and follow up with testing and treatment of newborn infants who are at risk for hearing impairment.

Acts 1993, No. 1096, § 1.
Ark. Code Ann. § 20-64-504 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-504
Sales - Permit required
Status: in_force

It shall be unlawful for any person to sell or offer for sale by advertisement, circular, letter, sign, oral solicitation, or any other means any prescription drug unless the person holds and possesses a permit authorizing the sale as provided by this subchapter. Acts 1969, No. 173, § 4; 1979, No. 751, § 6; A.S.A. 1947, § 82-2116; Acts 1991, No. 739, § 3.

It shall be unlawful for any person to sell or offer for sale by advertisement, circular, letter, sign, oral solicitation, or any other means any prescription drug unless the person holds and possesses a permit authorizing the sale as provided by this subchapter.

Acts 1969, No. 173, § 4; 1979, No. 751, § 6; A.S.A. 1947, § 82-2116; Acts 1991, No. 739, § 3.
Ark. Code Ann. § 20-77-135 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-135
Peer support specialist
Status: in_force

The Department of Human Services shall not disqualify or exclude an individual from participation in the Arkansas Medicaid Program based on a criminal background check if: (1) The individual is employed as a peer support specialist or other similar position; (2) The individual obtains certification in peer recovery from an accredited organization approved by the Arkansas Alcohol and Drug Abuse Coordinating Council; (3) The certification was obtained after the commission of a criminal offense; (4) (A) The criminal offense does not involve violence or a sexual act. (B) If the offense on the person's criminal background check that would disqualify him or her from employment is an offense that involves violence, the Department of Human Services shall evaluate the offense and make a determination, on the basis of criteria and limitation adopted by the department in rule, as to whether the person may be employed as a peer support specialist; and (5) The certification process includes due process for appealing a decision based upon a disqualifying charge in the criminal background check. Amended by Act 2023, No. 200,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 782,§ 1, eff. 7/28/2021. Added by Act 2019, No. 951,§ 2, eff. 4/12/2019.

The Department of Human Services shall not disqualify or exclude an individual from participation in the Arkansas Medicaid Program based on a criminal background check if:

(1) The individual is employed as a peer support specialist or other similar position;

(2) The individual obtains certification in peer recovery from an accredited organization approved by the Arkansas Alcohol and Drug Abuse Coordinating Council;

(3) The certification was obtained after the commission of a criminal offense;

(4) (A) The criminal offense does not involve violence or a sexual act. (B) If the offense on the person's criminal background check that would disqualify him or her from employment is an offense that involves violence, the Department of Human Services shall evaluate the offense and make a determination, on the basis of criteria and limitation adopted by the department in rule, as to whether the person may be employed as a peer support specialist; and

(A) The criminal offense does not involve violence or a sexual act.

(B) If the offense on the person's criminal background check that would disqualify him or her from employment is an offense that involves violence, the Department of Human Services shall evaluate the offense and make a determination, on the basis of criteria and limitation adopted by the department in rule, as to whether the person may be employed as a peer support specialist; and

(5) The certification process includes due process for appealing a decision based upon a disqualifying charge in the criminal background check.

Amended by Act 2023, No. 200,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 782,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 951,§ 2, eff. 4/12/2019.
Ark. Code Ann. § 20-15-2201 — AR Code / Title 20 / Chapter 15 / Subchapter 22 / Section 20-15-2201
Expired
Status: repealed

Added by Act 2017, No. 570,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 20-27-603 — AR Code / Title 20 / Chapter 27 / Subchapter 6 / Section 20-27-603
Political subdivision laws permitted
Status: in_force

This subchapter shall not prohibit any political subdivision from enacting and enforcing ordinances or laws for the prevention and control of lead poisoning which provide the same or more restrictive provisions as this subchapter or the rules promulgated pursuant to this subchapter. Amended by Act 2019, No. 315,§ 2091, eff. 7/24/2019. Acts 1979, No. 896, § 8; A.S.A. 1947, § 82-744.

This subchapter shall not prohibit any political subdivision from enacting and enforcing ordinances or laws for the prevention and control of lead poisoning which provide the same or more restrictive provisions as this subchapter or the rules promulgated pursuant to this subchapter.

Amended by Act 2019, No. 315,§ 2091, eff. 7/24/2019.

Acts 1979, No. 896, § 8; A.S.A. 1947, § 82-744.
Ark. Code Ann. § 20-15-1005 — AR Code / Title 20 / Chapter 15 / Subchapter 10 / Section 20-15-1005
Fees
Status: in_force

(a) As an accreditation body, the Department of Health may charge and collect the following fees: (1) First mammography tube, seven hundred dollars ($700) to be collected at the beginning of each three-year accreditation period; (2) Each additional mammography tube, five hundred dollars ($500) to be collected at the beginning of each three-year accreditation period; and (3) Each additional review of clinical images and phantoms, one hundred dollars ($100) to be collected at the time of submission of clinical images and phantoms for review, except that the maximum annual cost for additional review of clinical images and phantoms shall not exceed three hundred dollars ($300). (b) (1) The department may prorate the accreditation fee for a mammography tube that is accredited for less than the three-year accreditation period. (2) The department may bill on an annual basis for one-third (1/3) of the accreditation fee. (c) (1) All revenue derived from fees collected pursuant to this section shall be deposited into the State Treasury and credited to the Public Health Fund. (2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year. Amended by Act 2019, No. 315,§ 1943, eff. 7/24/2019. Acts 1995, No. 508, § 5.

(a) As an accreditation body, the Department of Health may charge and collect the following fees: (1) First mammography tube, seven hundred dollars ($700) to be collected at the beginning of each three-year accreditation period; (2) Each additional mammography tube, five hundred dollars ($500) to be collected at the beginning of each three-year accreditation period; and (3) Each additional review of clinical images and phantoms, one hundred dollars ($100) to be collected at the time of submission of clinical images and phantoms for review, except that the maximum annual cost for additional review of clinical images and phantoms shall not exceed three hundred dollars ($300).

(1) First mammography tube, seven hundred dollars ($700) to be collected at the beginning of each three-year accreditation period;

(2) Each additional mammography tube, five hundred dollars ($500) to be collected at the beginning of each three-year accreditation period; and

(3) Each additional review of clinical images and phantoms, one hundred dollars ($100) to be collected at the time of submission of clinical images and phantoms for review, except that the maximum annual cost for additional review of clinical images and phantoms shall not exceed three hundred dollars ($300).

(b) (1) The department may prorate the accreditation fee for a mammography tube that is accredited for less than the three-year accreditation period. (2) The department may bill on an annual basis for one-third (1/3) of the accreditation fee.

(1) The department may prorate the accreditation fee for a mammography tube that is accredited for less than the three-year accreditation period.

(2) The department may bill on an annual basis for one-third (1/3) of the accreditation fee.

(c) (1) All revenue derived from fees collected pursuant to this section shall be deposited into the State Treasury and credited to the Public Health Fund. (2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year.

(1) All revenue derived from fees collected pursuant to this section shall be deposited into the State Treasury and credited to the Public Health Fund.

(2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year.

Amended by Act 2019, No. 315,§ 1943, eff. 7/24/2019.

Acts 1995, No. 508, § 5.
Ark. Code Ann. § 20-13-818 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-818
Injury prevention programs
Status: in_force

The Department of Health shall allocate funds to develop and promote injury prevention programs including the development of the capacity to track and describe the epidemiologic and health statistics of injury deaths and disabilities in Arkansas. Acts 2009, No. 393, § 1.

The Department of Health shall allocate funds to develop and promote injury prevention programs including the development of the capacity to track and describe the epidemiologic and health statistics of injury deaths and disabilities in Arkansas.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-76-511 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-511
[Repealed]
Status: repealed

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

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

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-76-422 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-422
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5217, eff. 7/1/2019. Acts 1985, No. 649, § 30; A.S.A. 1947, § 83-128.6.

Repealed by Act 2019, No. 910,§ 5217, eff. 7/1/2019.

Acts 1985, No. 649, § 30; A.S.A. 1947, § 83-128.6.
Ark. Code Ann. § 20-17-1113 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1113
Assessment - Time for payment - Failure to pay - Redemption
Status: in_force

(a) (1) All annual benefits extended and levied under this subchapter shall be payable between the third Monday in February and the third Monday in April of each year. (2) If any annual benefit assessments levied by the board of commissioners under this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he or she shall sell the lands, but he or she shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%). (b) The board of commissioners shall enforce the collection by equitable proceedings in the circuit court of the county in the manner provided by §§ 14-121-426 - 14-121-432 . (c) However, the owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his or her lands have been stricken off by the commissioner making the sale. Acts 1957, No. 318, § 9; A.S.A. 1947, § 20-1309.

(a) (1) All annual benefits extended and levied under this subchapter shall be payable between the third Monday in February and the third Monday in April of each year. (2) If any annual benefit assessments levied by the board of commissioners under this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he or she shall sell the lands, but he or she shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%).

(1) All annual benefits extended and levied under this subchapter shall be payable between the third Monday in February and the third Monday in April of each year.

(2) If any annual benefit assessments levied by the board of commissioners under this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he or she shall sell the lands, but he or she shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%).

(b) The board of commissioners shall enforce the collection by equitable proceedings in the circuit court of the county in the manner provided by §§ 14-121-426 - 14-121-432 .

(c) However, the owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his or her lands have been stricken off by the commissioner making the sale.

Acts 1957, No. 318, § 9; A.S.A. 1947, § 20-1309.
Ark. Code Ann. § 20-78-701 — AR Code / Title 20 / Chapter 78 / Subchapter 7 / Section 20-78-701
Legislative declaration
Status: in_force

The General Assembly hereby finds that, in order to adequately care for their newborns and young children, new mothers may often benefit from receiving professional assistance and information. Without the assistance and information, a young mother may develop habits or practices that are detrimental to her health and well-being and the health and well-being of her child. The General Assembly further finds that inadequate prenatal care and inadequate care in infancy and early childhood often inhibit a child's ability to learn and develop throughout his or her childhood and may have lasting, adverse effects on the child's ability to function as an adult. The General Assembly recognizes that implementation of a voluntary nurse home visitor program that provides educational, health, and other resources for young mothers during pregnancy and the first years of their infants' lives has been proven to significantly reduce the amount of drug, including nicotine, and alcohol use and abuse by mothers, the occurrence of criminal activity committed by mothers and their children under fifteen (15) years of age, and the number of reported incidents of child abuse and neglect. Such a program has also been proven to reduce the number of subsequent births, increase the length of time between subsequent births, and reduce the mother's need for other forms of public assistance. It is the intent of the General Assembly that such a program be established for the State of Arkansas initially targeting a limited number of first-time teenage mothers and potentially expanding over time. Acts 1999, No. 1115, § 1.

The General Assembly hereby finds that, in order to adequately care for their newborns and young children, new mothers may often benefit from receiving professional assistance and information. Without the assistance and information, a young mother may develop habits or practices that are detrimental to her health and well-being and the health and well-being of her child. The General Assembly further finds that inadequate prenatal care and inadequate care in infancy and early childhood often inhibit a child's ability to learn and develop throughout his or her childhood and may have lasting, adverse effects on the child's ability to function as an adult. The General Assembly recognizes that implementation of a voluntary nurse home visitor program that provides educational, health, and other resources for young mothers during pregnancy and the first years of their infants' lives has been proven to significantly reduce the amount of drug, including nicotine, and alcohol use and abuse by mothers, the occurrence of criminal activity committed by mothers and their children under fifteen (15) years of age, and the number of reported incidents of child abuse and neglect. Such a program has also been proven to reduce the number of subsequent births, increase the length of time between subsequent births, and reduce the mother's need for other forms of public assistance. It is the intent of the General Assembly that such a program be established for the State of Arkansas initially targeting a limited number of first-time teenage mothers and potentially expanding over time.

Acts 1999, No. 1115, § 1.
Ark. Code Ann. § 20-77-1301 — AR Code / Title 20 / Chapter 77 / Subchapter 13 / Section 20-77-1301
Title
Status: in_force

This subchapter may be cited as the "Medical Assistance Programs Integrity Law". Acts 1999, No. 1544, § 1.

This subchapter may be cited as the "Medical Assistance Programs Integrity Law".

Acts 1999, No. 1544, § 1.
Ark. Code Ann. § 20-22-1012 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1012
Inspection of buildings
Status: in_force

(a) (1) Upon complaint of any person or on his or her own motion, the State Fire Marshal, or his or her designee, may inspect all buildings and premises within his or her jurisdiction and issue an order for the compliance with the State Fire Marshal's rules. (2) Failure or refusal to comply with an order of the State Fire Marshal in the enforcement of the rules shall be a Class A misdemeanor. (b) (1) The State Fire Marshal, or his or her designee, shall inspect all places of public assembly, including factories or industrial plants normally employing ten (10) or more persons, where hazards to the lives and safety of citizens might be present. (2) If upon completion of the inspection an unsafe or hazardous condition is found to exist, then the State Fire Marshal, or his or her designee, shall promptly notify the owner or operator of the public assembly in writing. (3) Upon the receipt of the written notice, the owner or operator shall remove the hazardous or unsafe condition. (4) (A) On failure to remedy the condition, the State Fire Marshal, or his or her designee, may file injunction proceedings in the circuit court of the jurisdiction to abate the condition as being a nuisance. (B) The suit shall be filed in the name of the State Fire Marshal for the use and benefit of the State of Arkansas without bond for costs. Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.

(a) (1) Upon complaint of any person or on his or her own motion, the State Fire Marshal, or his or her designee, may inspect all buildings and premises within his or her jurisdiction and issue an order for the compliance with the State Fire Marshal's rules. (2) Failure or refusal to comply with an order of the State Fire Marshal in the enforcement of the rules shall be a Class A misdemeanor.

(1) Upon complaint of any person or on his or her own motion, the State Fire Marshal, or his or her designee, may inspect all buildings and premises within his or her jurisdiction and issue an order for the compliance with the State Fire Marshal's rules.

(2) Failure or refusal to comply with an order of the State Fire Marshal in the enforcement of the rules shall be a Class A misdemeanor.

(b) (1) The State Fire Marshal, or his or her designee, shall inspect all places of public assembly, including factories or industrial plants normally employing ten (10) or more persons, where hazards to the lives and safety of citizens might be present. (2) If upon completion of the inspection an unsafe or hazardous condition is found to exist, then the State Fire Marshal, or his or her designee, shall promptly notify the owner or operator of the public assembly in writing. (3) Upon the receipt of the written notice, the owner or operator shall remove the hazardous or unsafe condition. (4) (A) On failure to remedy the condition, the State Fire Marshal, or his or her designee, may file injunction proceedings in the circuit court of the jurisdiction to abate the condition as being a nuisance. (B) The suit shall be filed in the name of the State Fire Marshal for the use and benefit of the State of Arkansas without bond for costs.

(1) The State Fire Marshal, or his or her designee, shall inspect all places of public assembly, including factories or industrial plants normally employing ten (10) or more persons, where hazards to the lives and safety of citizens might be present.

(2) If upon completion of the inspection an unsafe or hazardous condition is found to exist, then the State Fire Marshal, or his or her designee, shall promptly notify the owner or operator of the public assembly in writing.

(3) Upon the receipt of the written notice, the owner or operator shall remove the hazardous or unsafe condition.

(4) (A) On failure to remedy the condition, the State Fire Marshal, or his or her designee, may file injunction proceedings in the circuit court of the jurisdiction to abate the condition as being a nuisance. (B) The suit shall be filed in the name of the State Fire Marshal for the use and benefit of the State of Arkansas without bond for costs.

(A) On failure to remedy the condition, the State Fire Marshal, or his or her designee, may file injunction proceedings in the circuit court of the jurisdiction to abate the condition as being a nuisance.

(B) The suit shall be filed in the name of the State Fire Marshal for the use and benefit of the State of Arkansas without bond for costs.

Added by Act 2023, No. 841,§ 44, eff. 7/1/2023.