Ark. Code Ann. § 20-16-2410 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2410
Confidentiality and disclosure
Status: in_force

(a) All personally identifiable information held by the Department of Health or Department of Human Services under this subchapter is confidential and is not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) Disclosure of information and records may be made: (1) For statistical purposes if a care agent, pregnant woman, biological father of the unborn child, physician, or abortion facility is not identified; (2) With the consent of each person, patient, and abortion facility identified in the information released; or (3) To: (A) Appropriate state agencies or courts to enforce this subchapter; (B) Appropriate state licensing boards to enforce licensing laws; (C) Licensed medical or healthcare personnel currently treating the patient; or (D) Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter. (c) Disclosure of protected health information that is allowed for public health, safety, and law enforcement purposes is not a violation of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. Amended by Act 2023, No. 703,§ 8, eff. 8/1/2023. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

(a) All personally identifiable information held by the Department of Health or Department of Human Services under this subchapter is confidential and is not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) Disclosure of information and records may be made: (1) For statistical purposes if a care agent, pregnant woman, biological father of the unborn child, physician, or abortion facility is not identified; (2) With the consent of each person, patient, and abortion facility identified in the information released; or (3) To: (A) Appropriate state agencies or courts to enforce this subchapter; (B) Appropriate state licensing boards to enforce licensing laws; (C) Licensed medical or healthcare personnel currently treating the patient; or (D) Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter.

(1) For statistical purposes if a care agent, pregnant woman, biological father of the unborn child, physician, or abortion facility is not identified;

(2) With the consent of each person, patient, and abortion facility identified in the information released; or

(3) To: (A) Appropriate state agencies or courts to enforce this subchapter; (B) Appropriate state licensing boards to enforce licensing laws; (C) Licensed medical or healthcare personnel currently treating the patient; or (D) Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter.

(A) Appropriate state agencies or courts to enforce this subchapter;

(B) Appropriate state licensing boards to enforce licensing laws;

(C) Licensed medical or healthcare personnel currently treating the patient; or

(D) Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter.

(c) Disclosure of protected health information that is allowed for public health, safety, and law enforcement purposes is not a violation of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

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

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-47-706 — AR Code / Title 20 / Chapter 47 / Subchapter 7 / Section 20-47-706
Assessment tool
Status: in_force

The standardized screening and assessment tool established by Medicaid rules shall: (1) Guide service decisions and outcomes; and (2) Establish guidelines to identify children who need a multiagency plan of services. Acts 2007, No. 1593, § 1.

The standardized screening and assessment tool established by Medicaid rules shall:

(1) Guide service decisions and outcomes; and

(2) Establish guidelines to identify children who need a multiagency plan of services.

Acts 2007, No. 1593, § 1.
Ark. Code Ann. § 20-16-1706 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1706
Medical emergencies
Status: in_force

When a medical emergency compels the performance of an abortion, the physician shall inform the woman before the abortion, if possible, of the medical indications supporting the physician's judgment that an immediate abortion is necessary to avert her death or that a seventy-two-hour delay will cause substantial and irreversible impairment of a major bodily function. Amended by Act 2019, No. 801,§ 12, eff. 7/24/2019. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

When a medical emergency compels the performance of an abortion, the physician shall inform the woman before the abortion, if possible, of the medical indications supporting the physician's judgment that an immediate abortion is necessary to avert her death or that a seventy-two-hour delay will cause substantial and irreversible impairment of a major bodily function.

Amended by Act 2019, No. 801,§ 12, eff. 7/24/2019.

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-77-2803 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2803
Medical transportation provider assessment
Status: in_force

(a) (1) Except as provided in this subchapter, an assessment is imposed on each medical transportation provider for each state fiscal year in an amount calculated as a percentage of the net operating revenues of the medical transportation provider. (2) The assessment rate shall be determined annually based upon the percentage of net operating revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to the Arkansas Medicaid Program under § 20-77-2805(f)(1)(C) , but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i) . (3) The assessment rate described in subsection (a) of this section shall be determined after consultation with The Arkansas Ambulance Association or its successor association. (b) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment: (1) Upon medical transportation providers; or (2) Measured by the income or earnings of a medical transportation provider. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) (1) Except as provided in this subchapter, an assessment is imposed on each medical transportation provider for each state fiscal year in an amount calculated as a percentage of the net operating revenues of the medical transportation provider. (2) The assessment rate shall be determined annually based upon the percentage of net operating revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to the Arkansas Medicaid Program under § 20-77-2805(f)(1)(C) , but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i) . (3) The assessment rate described in subsection (a) of this section shall be determined after consultation with The Arkansas Ambulance Association or its successor association.

(1) Except as provided in this subchapter, an assessment is imposed on each medical transportation provider for each state fiscal year in an amount calculated as a percentage of the net operating revenues of the medical transportation provider.

(2) The assessment rate shall be determined annually based upon the percentage of net operating revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to the Arkansas Medicaid Program under § 20-77-2805(f)(1)(C) , but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i) .

(3) The assessment rate described in subsection (a) of this section shall be determined after consultation with The Arkansas Ambulance Association or its successor association.

(b) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment: (1) Upon medical transportation providers; or (2) Measured by the income or earnings of a medical transportation provider.

(1) Upon medical transportation providers; or

(2) Measured by the income or earnings of a medical transportation provider.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-22-102 — AR Code / Title 20 / Chapter 22 / Subchapter 1 / Section 20-22-102
Critical incident debriefing - Definition
Status: in_force

(a) As used in this section, "critical incident" means an event that has a stressful impact sufficient to overwhelm a person's usually effective coping skills, including an event that falls outside the range of ordinary human experience. (b) A local government that maintains a fire department shall adopt a policy that: (1) Shall make available to a firefighter who has been involved in a critical incident the opportunity to participate in a debriefing by a mental health professional or a certified peer support member as defined under § 16-40-106 ; and (2) Shall require the fire department to assist a firefighter who has been involved in a critical incident in obtaining additional services that may assist the firefighter in recovering from psychological effects resulting from the critical incident. Added by Act 2021, No. 921,§ 1, eff. 7/28/2021.

(a) As used in this section, "critical incident" means an event that has a stressful impact sufficient to overwhelm a person's usually effective coping skills, including an event that falls outside the range of ordinary human experience.

(b) A local government that maintains a fire department shall adopt a policy that: (1) Shall make available to a firefighter who has been involved in a critical incident the opportunity to participate in a debriefing by a mental health professional or a certified peer support member as defined under § 16-40-106 ; and (2) Shall require the fire department to assist a firefighter who has been involved in a critical incident in obtaining additional services that may assist the firefighter in recovering from psychological effects resulting from the critical incident.

(1) Shall make available to a firefighter who has been involved in a critical incident the opportunity to participate in a debriefing by a mental health professional or a certified peer support member as defined under § 16-40-106 ; and

(2) Shall require the fire department to assist a firefighter who has been involved in a critical incident in obtaining additional services that may assist the firefighter in recovering from psychological effects resulting from the critical incident.

Added by Act 2021, No. 921,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-77-2001 — AR Code / Title 20 / Chapter 77 / Subchapter 20 / Section 20-77-2001
Findings
Status: in_force

The General Assembly finds that: (1) Almost two-thirds (2/3) of the state's uninsured children are already eligible for either ARKids First A or B, but many are not enrolled or do not remain enrolled; (2) Twenty thousand (20,000) children annually are dropped from the ARKids First A or B programs because of procedural requirements, not through a change in eligibility; (3) The Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3, offers financial incentives to states that adopt measures to streamline enrollment and reenrollment in their Medicaid programs; (4) Other states have found that simplifying enrollment and re-enrollment for families can also save the state administrative costs through improved use of technology and more efficient use of databases and resources already available to the state; and (5) Working to enroll all eligible children can help to inform planning efforts to effectively enroll newly eligible adults in Medicaid or private insurance as the state implements the Patient Protection and Affordable Care Act, Pub. L. No. 111-148. Amended by Act 2013, No. 1132,§ 52, eff. 8/16/2013. Acts 2011, No. 771, § 1.

The General Assembly finds that:

(1) Almost two-thirds (2/3) of the state's uninsured children are already eligible for either ARKids First A or B, but many are not enrolled or do not remain enrolled;

(2) Twenty thousand (20,000) children annually are dropped from the ARKids First A or B programs because of procedural requirements, not through a change in eligibility;

(3) The Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3, offers financial incentives to states that adopt measures to streamline enrollment and reenrollment in their Medicaid programs;

(4) Other states have found that simplifying enrollment and re-enrollment for families can also save the state administrative costs through improved use of technology and more efficient use of databases and resources already available to the state; and

(5) Working to enroll all eligible children can help to inform planning efforts to effectively enroll newly eligible adults in Medicaid or private insurance as the state implements the Patient Protection and Affordable Care Act, Pub. L. No. 111-148.

Amended by Act 2013, No. 1132,§ 52, eff. 8/16/2013.

Acts 2011, No. 771, § 1.
Ark. Code Ann. § 20-22-502 — AR Code / Title 20 / Chapter 22 / Subchapter 5 / Section 20-22-502
Penalties
Status: in_force

(a) (1) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility who shall fail or refuse to properly install and maintain an emergency lighting system, fire escape stairway and ladders, and a fire alarm system, in accordance with this subchapter, shall be guilty of a violation. (2) Upon conviction, the person shall be subject to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). (b) Every day that such a violation continues shall constitute a separate offense. Acts 1971, No. 239, § 7; A.S.A. 1947, § 82-831; Acts 2005, No. 1994, § 120.

(a) (1) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility who shall fail or refuse to properly install and maintain an emergency lighting system, fire escape stairway and ladders, and a fire alarm system, in accordance with this subchapter, shall be guilty of a violation. (2) Upon conviction, the person shall be subject to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).

(1) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility who shall fail or refuse to properly install and maintain an emergency lighting system, fire escape stairway and ladders, and a fire alarm system, in accordance with this subchapter, shall be guilty of a violation.

(2) Upon conviction, the person shall be subject to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).

(b) Every day that such a violation continues shall constitute a separate offense.

Acts 1971, No. 239, § 7; A.S.A. 1947, § 82-831; Acts 2005, No. 1994, § 120.
Ark. Code Ann. § 20-18-101 — AR Code / Title 20 / Chapter 18 / Subchapter 1 / Section 20-18-101
Title
Status: in_force

This chapter may be cited as the "Vital Statistics Act". Acts 1981, No. 120, § 31; A.S.A. 1947, § 82-530.

This chapter may be cited as the "Vital Statistics Act".

Acts 1981, No. 120, § 31; A.S.A. 1947, § 82-530.
Ark. Code Ann. § 20-10-2001 — AR Code / Title 20 / Chapter 10 / Subchapter 20 / Section 20-10-2001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Unlicensed Long-Term Care Facilities Act". Acts 2005, No. 2191, § 10.

This subchapter shall be known and may be cited as the "Unlicensed Long-Term Care Facilities Act".

Acts 2005, No. 2191, § 10.
Ark. Code Ann. § 20-13-705 — AR Code / Title 20 / Chapter 13 / Subchapter 7 / Section 20-13-705
Obtaining information through fraudulent representation
Status: in_force

Any individual who shall fraudulently represent himself or herself to be a person entitled to invoke the services of the Arkansas Poison and Drug Information Center when such is not the case and any person who attempts to obtain information later put to illegal use in any way shall upon conviction be guilty of a Class B misdemeanor. Acts 1991, No. 796, § 8.

Any individual who shall fraudulently represent himself or herself to be a person entitled to invoke the services of the Arkansas Poison and Drug Information Center when such is not the case and any person who attempts to obtain information later put to illegal use in any way shall upon conviction be guilty of a Class B misdemeanor.

Acts 1991, No. 796, § 8.
Ark. Code Ann. § 20-77-912 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-912
Funds for investigations and prosecutions
Status: in_force

(a) Under this subchapter and the Medicaid Fraud Act, § 5-55-101 et seq., the Attorney General or a prosecuting attorney is entitled to recover reasonable and necessary expenses incurred during his or her investigations and prosecutions. (b) The Attorney General shall create and maintain accounts for these funds. (c) The federal share of these funds shall be returned to the United States Government in accordance with the federal regulations governing the Medicaid Fraud Control Unit. (d) The remaining funds shall be retained and expended by the Attorney General to defer the cost of future investigations and prosecutions conducted by the Medicaid Fraud Control Unit. Added by Act 2019, No. 897,§ 21, eff. 7/1/2019.

(a) Under this subchapter and the Medicaid Fraud Act, § 5-55-101 et seq., the Attorney General or a prosecuting attorney is entitled to recover reasonable and necessary expenses incurred during his or her investigations and prosecutions.

(b) The Attorney General shall create and maintain accounts for these funds.

(c) The federal share of these funds shall be returned to the United States Government in accordance with the federal regulations governing the Medicaid Fraud Control Unit.

(d) The remaining funds shall be retained and expended by the Attorney General to defer the cost of future investigations and prosecutions conducted by the Medicaid Fraud Control Unit.

Added by Act 2019, No. 897,§ 21, eff. 7/1/2019.
Ark. Code Ann. § 20-60-102 — AR Code / Title 20 / Chapter 60 / Subchapter 1 / Section 20-60-102
Arkansas bacon
Status: in_force

(a) (1) The term "Arkansas bacon" shall not be used to identify any meat product other than the pork shoulder blade Boston roast prepared in the State of Arkansas in accordance with this section. (2) Pork shoulder blade Boston roast prepared outside the State of Arkansas but in the manner prescribed by this section may be identified as "Arkansas-style bacon". (b) (1) "Arkansas bacon" and "Arkansas-style bacon" are produced from the pork shoulder blade Boston roast by removing the neck bones and rib bones by cutting close to the underside of those bones, removing the blade bone or scapula, and removing the dorsal fat covering, including the skin or clear plate, and leaving no more than one-quarter inch (1/4") of the fat covering the roast. (2) (A) The meat is then dry-cured with salt, sugar, nitrites, and spices, and smoked with natural smoke. (B) The meat may not be injected or soaked in curing brine, nor may any artificial or liquid smoke be applied to the meat. (3) The pork shoulder blade Boston roast includes the porcine muscle, fat, and bone cut interior of the second or third thoracic vertebrae and posterior of the atlas joint or first cervical vertebrae and dorsal of the center of the humerus bone. (c) Any person who labels or otherwise identifies meat contrary to the provisions of this section shall be guilty of a violation punishable by a fine not to exceed one thousand dollars ($1,000). Acts 1987, No. 326, §§ 1-3; 2005, No. 1994, § 135.

(a) (1) The term "Arkansas bacon" shall not be used to identify any meat product other than the pork shoulder blade Boston roast prepared in the State of Arkansas in accordance with this section. (2) Pork shoulder blade Boston roast prepared outside the State of Arkansas but in the manner prescribed by this section may be identified as "Arkansas-style bacon".

(1) The term "Arkansas bacon" shall not be used to identify any meat product other than the pork shoulder blade Boston roast prepared in the State of Arkansas in accordance with this section.

(2) Pork shoulder blade Boston roast prepared outside the State of Arkansas but in the manner prescribed by this section may be identified as "Arkansas-style bacon".

(b) (1) "Arkansas bacon" and "Arkansas-style bacon" are produced from the pork shoulder blade Boston roast by removing the neck bones and rib bones by cutting close to the underside of those bones, removing the blade bone or scapula, and removing the dorsal fat covering, including the skin or clear plate, and leaving no more than one-quarter inch (1/4") of the fat covering the roast. (2) (A) The meat is then dry-cured with salt, sugar, nitrites, and spices, and smoked with natural smoke. (B) The meat may not be injected or soaked in curing brine, nor may any artificial or liquid smoke be applied to the meat. (3) The pork shoulder blade Boston roast includes the porcine muscle, fat, and bone cut interior of the second or third thoracic vertebrae and posterior of the atlas joint or first cervical vertebrae and dorsal of the center of the humerus bone.

(1) "Arkansas bacon" and "Arkansas-style bacon" are produced from the pork shoulder blade Boston roast by removing the neck bones and rib bones by cutting close to the underside of those bones, removing the blade bone or scapula, and removing the dorsal fat covering, including the skin or clear plate, and leaving no more than one-quarter inch (1/4") of the fat covering the roast.

(2) (A) The meat is then dry-cured with salt, sugar, nitrites, and spices, and smoked with natural smoke. (B) The meat may not be injected or soaked in curing brine, nor may any artificial or liquid smoke be applied to the meat.

(A) The meat is then dry-cured with salt, sugar, nitrites, and spices, and smoked with natural smoke.

(B) The meat may not be injected or soaked in curing brine, nor may any artificial or liquid smoke be applied to the meat.

(3) The pork shoulder blade Boston roast includes the porcine muscle, fat, and bone cut interior of the second or third thoracic vertebrae and posterior of the atlas joint or first cervical vertebrae and dorsal of the center of the humerus bone.

(c) Any person who labels or otherwise identifies meat contrary to the provisions of this section shall be guilty of a violation punishable by a fine not to exceed one thousand dollars ($1,000).

Acts 1987, No. 326, §§ 1-3; 2005, No. 1994, § 135.
Ark. Code Ann. § 20-6-206 — AR Code / Title 20 / Chapter 6 / Subchapter 2 / Section 20-6-206
Injunctive relief
Status: in_force

(a) An affected patient or healthcare provider may file an action seeking an injunction of a violation of this subchapter in the circuit court of: (1) Pulaski County; (2) The county in which the healthcare provider has his or her practice located; (3) The county in which the affected patient resides; or (4) The county in which the entity is located. (b) Upon the filing of a complaint, the court may issue a temporary injunction on the violation without notice or bond. (c) If the plaintiff patient or plaintiff healthcare provider establishes that this subchapter has been violated, the court may enter an order permanently enjoining the violation of this subchapter or otherwise enforcing compliance with this subchapter. (d) A prevailing plaintiff healthcare provider shall be entitled to: (1) The greater of: (A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000); or (B) Actual damages; and (2) Reasonable attorney's fees and costs. (e) A prevailing plaintiff patient or plaintiff patients collectively, as named plaintiffs or as a putative or named class, shall be entitled to: (1) The greater of: (A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000) for all patients in any actions related to the same violation; or (B) Actual damages; and (2) Reasonable attorney's fees and costs. (f) A violation of this subchapter shall constitute an unfair and deceptive act or practice as defined under the Deceptive Trade Practices Act, § 4-88-101 et seq. Amended by Act 2023, No. 830,§ 3, eff. 8/1/2023, app. to any pending cases accruing and filed before the effective date of this act.. Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.

(a) An affected patient or healthcare provider may file an action seeking an injunction of a violation of this subchapter in the circuit court of: (1) Pulaski County; (2) The county in which the healthcare provider has his or her practice located; (3) The county in which the affected patient resides; or (4) The county in which the entity is located.

(1) Pulaski County;

(2) The county in which the healthcare provider has his or her practice located;

(3) The county in which the affected patient resides; or

(4) The county in which the entity is located.

(b) Upon the filing of a complaint, the court may issue a temporary injunction on the violation without notice or bond.

(c) If the plaintiff patient or plaintiff healthcare provider establishes that this subchapter has been violated, the court may enter an order permanently enjoining the violation of this subchapter or otherwise enforcing compliance with this subchapter.

(d) A prevailing plaintiff healthcare provider shall be entitled to: (1) The greater of: (A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000); or (B) Actual damages; and (2) Reasonable attorney's fees and costs.

(1) The greater of: (A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000); or (B) Actual damages; and

(A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000); or

(B) Actual damages; and

(2) Reasonable attorney's fees and costs.

(e) A prevailing plaintiff patient or plaintiff patients collectively, as named plaintiffs or as a putative or named class, shall be entitled to: (1) The greater of: (A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000) for all patients in any actions related to the same violation; or (B) Actual damages; and (2) Reasonable attorney's fees and costs.

(1) The greater of: (A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000) for all patients in any actions related to the same violation; or (B) Actual damages; and

(A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000) for all patients in any actions related to the same violation; or

(B) Actual damages; and

(2) Reasonable attorney's fees and costs.

(f) A violation of this subchapter shall constitute an unfair and deceptive act or practice as defined under the Deceptive Trade Practices Act, § 4-88-101 et seq.

Amended by Act 2023, No. 830,§ 3, eff. 8/1/2023, app. to any pending cases accruing and filed before the effective date of this act..

Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.
Ark. Code Ann. § 20-16-1705 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1705
Prevention of forced abortion - Signage in abortion facilities
Status: in_force

(a) (1) A licensed facility where abortions are performed shall post a sign conspicuously in a location defined in subsection (b) of this section that is clearly visible to all individuals who enter and that features the text contained in subdivision (a)(2) of this section. (2) The sign shall display the following text: "It is against the law for anyone, regardless of his or her relationship to you, to force you to have an abortion. You have the right to contact any local or state law enforcement or any social service agency to receive protection from any actual or threatened physical, emotional, or psychological abuse. It is against the law to perform, induce, prescribe for, or provide you with the means for an abortion without your voluntary consent." (b) The sign shall be posted in each waiting room, patient consultation room, and procedure room used by patients for whom abortions are performed, induced, prescribed or for whom the means for an abortion are provided. (c) The continued posting of signage shall be a condition of licensure of any facility that performs or induces abortions. (d) The display of signage does not discharge the duty of a facility to have a physician orally inform a pregnant woman of information and materials contained in § 20-16-1703 . (e) (1) The Department of Health shall provide all signs required by this section to the licensed abortion facility. (2) The department may require that a licensed abortion facility reimburse the department for any costs associated with the sign or signs. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

(a) (1) A licensed facility where abortions are performed shall post a sign conspicuously in a location defined in subsection (b) of this section that is clearly visible to all individuals who enter and that features the text contained in subdivision (a)(2) of this section. (2) The sign shall display the following text: "It is against the law for anyone, regardless of his or her relationship to you, to force you to have an abortion. You have the right to contact any local or state law enforcement or any social service agency to receive protection from any actual or threatened physical, emotional, or psychological abuse. It is against the law to perform, induce, prescribe for, or provide you with the means for an abortion without your voluntary consent."

(1) A licensed facility where abortions are performed shall post a sign conspicuously in a location defined in subsection (b) of this section that is clearly visible to all individuals who enter and that features the text contained in subdivision (a)(2) of this section.

(2) The sign shall display the following text: "It is against the law for anyone, regardless of his or her relationship to you, to force you to have an abortion. You have the right to contact any local or state law enforcement or any social service agency to receive protection from any actual or threatened physical, emotional, or psychological abuse. It is against the law to perform, induce, prescribe for, or provide you with the means for an abortion without your voluntary consent."

"It is against the law for anyone, regardless of his or her relationship to you, to force you to have an abortion. You have the right to contact any local or state law enforcement or any social service agency to receive protection from any actual or threatened physical, emotional, or psychological abuse. It is against the law to perform, induce, prescribe for, or provide you with the means for an abortion without your voluntary consent."

(b) The sign shall be posted in each waiting room, patient consultation room, and procedure room used by patients for whom abortions are performed, induced, prescribed or for whom the means for an abortion are provided.

(c) The continued posting of signage shall be a condition of licensure of any facility that performs or induces abortions.

(d) The display of signage does not discharge the duty of a facility to have a physician orally inform a pregnant woman of information and materials contained in § 20-16-1703 .

(e) (1) The Department of Health shall provide all signs required by this section to the licensed abortion facility. (2) The department may require that a licensed abortion facility reimburse the department for any costs associated with the sign or signs.

(1) The Department of Health shall provide all signs required by this section to the licensed abortion facility.

(2) The department may require that a licensed abortion facility reimburse the department for any costs associated with the sign or signs.

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-64-822 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-822
Pleadings - Involuntary commitment
Status: in_force

The pleadings in each case shall be deemed to conform to the proof. The court is hereby authorized to enter orders of involuntary commitment pursuant to § 20-47-201 et seq., conforming thereto. Acts 1989 (3rd Ex. Sess.), No. 10, § 11.

The pleadings in each case shall be deemed to conform to the proof. The court is hereby authorized to enter orders of involuntary commitment pursuant to § 20-47-201 et seq., conforming thereto.

Acts 1989 (3rd Ex. Sess.), No. 10, § 11.
Ark. Code Ann. § 20-76-419 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-419
Blind persons generally
Status: in_force

(a) Assistance grants shall be given under this act to any person who: (1) Has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential; (2) Is sixteen (16) years of age or over; and (3) Is not receiving any other type of assistance grant. (b) The appropriate division of the Department of Human Services shall: (1) Promulgate rules, in terms of ophthalmic measurements, to determine the amount of visual acuity which an applicant may have and still be eligible for assistance grants under this act; (2) Designate a suitable number of ophthalmologists and optometrists, licensed to practice in Arkansas and actively engaged in the practice of their respective professions, to examine applicants and recipients of assistance grants to the blind; (3) Fix and pay to ophthalmologists and optometrists fees for examination of applicants; and (4) Develop or cooperate with other agencies in developing measures for the prevention of blindness, the restoration of eyesight, and the vocational adjustment of blind persons. (c) (1) No applications shall be approved until the applicant has been examined by an ophthalmologist or optometrist, whichever the individual may select, designated or approved by the division to make the examination. (2) The examining ophthalmologist or optometrist shall certify in writing upon forms provided by the division the findings of the examination. (3) The recipient shall submit to a reexamination as to his or her eyesight when required to do so by the division. (d) (1) The amount of the assistance grants shall be determined in accordance with subdivision (d)(2) of this section, except that in determining need, the division shall disregard the first eighty-five dollars ($85.00) per month of earned income, and where earned income has been disregarded in determining the need of a person receiving aid to the blind, the earned income so disregarded shall be disregarded in determining the need of any other individual for old age assistance, aid to the families of dependent children, aid to the blind, and aid to the permanently and totally disabled. (2) (A) The appropriate division of the Department of Human Services shall determine the amount of assistance grants which any person shall receive with due regard to the resources and necessary expenditures of the case, the conditions existing in each case and in accordance with the rules made by the division. (B) This amount shall be sufficient, when added to all other income and support available to the recipient, to provide the person with a reasonable subsistence compatible with decency and health. (3) The assistance grants shall be in the form of money payments to blind persons in need. (e) On the basis of the findings of the ophthalmologist's examination as provided for in this act, supplementary services may be provided by the division to any applicant or recipient who is in need of treatment either to prevent blindness or to restore his or her eyesight whether or not he or she is blind as defined in this act or rules of the division, if he or she is otherwise qualified for assistance grants under this act. The supplementary services may include necessary traveling and other expenses to receive treatment from a hospital or clinic designated by the division. Amended by Act 2019, No. 315,§ 2251, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2250, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 74, eff. 7/24/2019. Acts 1939, No. 280, § 22; 1951, No. 308, § 1; 1953, No. 177, § 4; 1961, No. 58, § 1; 1961, No. 257, § 1; 1963, No. 8, § 1; 1965 (1st Ex. Sess.), No. 34, § 3; 1965 (2nd Ex. Sess.), No. 14, § 4; 1967, No. 374, § 4; A.S.A. 1947, § 83-128.

(a) Assistance grants shall be given under this act to any person who: (1) Has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential; (2) Is sixteen (16) years of age or over; and (3) Is not receiving any other type of assistance grant.

(1) Has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential;

(2) Is sixteen (16) years of age or over; and

(3) Is not receiving any other type of assistance grant.

(b) The appropriate division of the Department of Human Services shall: (1) Promulgate rules, in terms of ophthalmic measurements, to determine the amount of visual acuity which an applicant may have and still be eligible for assistance grants under this act; (2) Designate a suitable number of ophthalmologists and optometrists, licensed to practice in Arkansas and actively engaged in the practice of their respective professions, to examine applicants and recipients of assistance grants to the blind; (3) Fix and pay to ophthalmologists and optometrists fees for examination of applicants; and (4) Develop or cooperate with other agencies in developing measures for the prevention of blindness, the restoration of eyesight, and the vocational adjustment of blind persons.

(1) Promulgate rules, in terms of ophthalmic measurements, to determine the amount of visual acuity which an applicant may have and still be eligible for assistance grants under this act;

(2) Designate a suitable number of ophthalmologists and optometrists, licensed to practice in Arkansas and actively engaged in the practice of their respective professions, to examine applicants and recipients of assistance grants to the blind;

(3) Fix and pay to ophthalmologists and optometrists fees for examination of applicants; and

(4) Develop or cooperate with other agencies in developing measures for the prevention of blindness, the restoration of eyesight, and the vocational adjustment of blind persons.

(c) (1) No applications shall be approved until the applicant has been examined by an ophthalmologist or optometrist, whichever the individual may select, designated or approved by the division to make the examination. (2) The examining ophthalmologist or optometrist shall certify in writing upon forms provided by the division the findings of the examination. (3) The recipient shall submit to a reexamination as to his or her eyesight when required to do so by the division.

(1) No applications shall be approved until the applicant has been examined by an ophthalmologist or optometrist, whichever the individual may select, designated or approved by the division to make the examination.

(2) The examining ophthalmologist or optometrist shall certify in writing upon forms provided by the division the findings of the examination.

(3) The recipient shall submit to a reexamination as to his or her eyesight when required to do so by the division.

(d) (1) The amount of the assistance grants shall be determined in accordance with subdivision (d)(2) of this section, except that in determining need, the division shall disregard the first eighty-five dollars ($85.00) per month of earned income, and where earned income has been disregarded in determining the need of a person receiving aid to the blind, the earned income so disregarded shall be disregarded in determining the need of any other individual for old age assistance, aid to the families of dependent children, aid to the blind, and aid to the permanently and totally disabled. (2) (A) The appropriate division of the Department of Human Services shall determine the amount of assistance grants which any person shall receive with due regard to the resources and necessary expenditures of the case, the conditions existing in each case and in accordance with the rules made by the division. (B) This amount shall be sufficient, when added to all other income and support available to the recipient, to provide the person with a reasonable subsistence compatible with decency and health. (3) The assistance grants shall be in the form of money payments to blind persons in need.

(1) The amount of the assistance grants shall be determined in accordance with subdivision (d)(2) of this section, except that in determining need, the division shall disregard the first eighty-five dollars ($85.00) per month of earned income, and where earned income has been disregarded in determining the need of a person receiving aid to the blind, the earned income so disregarded shall be disregarded in determining the need of any other individual for old age assistance, aid to the families of dependent children, aid to the blind, and aid to the permanently and totally disabled.

(2) (A) The appropriate division of the Department of Human Services shall determine the amount of assistance grants which any person shall receive with due regard to the resources and necessary expenditures of the case, the conditions existing in each case and in accordance with the rules made by the division. (B) This amount shall be sufficient, when added to all other income and support available to the recipient, to provide the person with a reasonable subsistence compatible with decency and health.

(A) The appropriate division of the Department of Human Services shall determine the amount of assistance grants which any person shall receive with due regard to the resources and necessary expenditures of the case, the conditions existing in each case and in accordance with the rules made by the division.

(B) This amount shall be sufficient, when added to all other income and support available to the recipient, to provide the person with a reasonable subsistence compatible with decency and health.

(3) The assistance grants shall be in the form of money payments to blind persons in need.

(e) On the basis of the findings of the ophthalmologist's examination as provided for in this act, supplementary services may be provided by the division to any applicant or recipient who is in need of treatment either to prevent blindness or to restore his or her eyesight whether or not he or she is blind as defined in this act or rules of the division, if he or she is otherwise qualified for assistance grants under this act. The supplementary services may include necessary traveling and other expenses to receive treatment from a hospital or clinic designated by the division.

Amended by Act 2019, No. 315,§ 2251, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2250, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 74, eff. 7/24/2019.

Acts 1939, No. 280, § 22; 1951, No. 308, § 1; 1953, No. 177, § 4; 1961, No. 58, § 1; 1961, No. 257, § 1; 1963, No. 8, § 1; 1965 (1st Ex. Sess.), No. 34, § 3; 1965 (2nd Ex. Sess.), No. 14, § 4; 1967, No. 374, § 4; A.S.A. 1947, § 83-128.
Ark. Code Ann. § 20-21-301 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-301
Declaration of policy
Status: in_force

It is the policy of the State of Arkansas, in furtherance of its responsibility to protect the public health and safety, to institute and maintain a regulatory program for the control of radiation from electronic products in order to provide for compatibility with standards and regulatory programs of the United States Government an effective system of regulation within this state and a system consonant insofar as possible with those of other states. Acts 1969, No. 460, § 1; A.S.A. 1947, § 82-1528.

It is the policy of the State of Arkansas, in furtherance of its responsibility to protect the public health and safety, to institute and maintain a regulatory program for the control of radiation from electronic products in order to provide for compatibility with standards and regulatory programs of the United States Government an effective system of regulation within this state and a system consonant insofar as possible with those of other states.

Acts 1969, No. 460, § 1; A.S.A. 1947, § 82-1528.
Ark. Code Ann. § 20-10-1708 — AR Code / Title 20 / Chapter 10 / Subchapter 17 / Section 20-10-1708
Limited licensure option
Status: in_force

A facility licensed as of April 2, 2001, and subsequent purchasers have the option of converting all or part of the facility to assisted living under § 20-10-1704(d) or choosing to remain licensed as a residential care facility. Acts 2001, No. 1230, § 8.

A facility licensed as of April 2, 2001, and subsequent purchasers have the option of converting all or part of the facility to assisted living under § 20-10-1704(d) or choosing to remain licensed as a residential care facility.

Acts 2001, No. 1230, § 8.
Ark. Code Ann. § 20-77-2102 — AR Code / Title 20 / Chapter 77 / Subchapter 21 / Section 20-77-2102
Medicaid Eligibility Verification System - Definitions
Status: in_force

(a) The Department of Human Services shall establish and maintain the Medicaid Eligibility Verification System that is designed to prevent fraud in the establishment and maintenance of Medicaid eligibility. (b) (1) In establishing the Medicaid Eligibility Verification System, the department shall be an "assessment state" and not a "determination state" for purposes of Medicaid eligibility determinations by the federally facilitated marketplace. (2) As used in this subsection: (A) "Assessment state" means a state with a federally facilitated marketplace that can elect to have the federally facilitated marketplace make assessments of Medicaid eligibility and then transfer the account of an individual to the state Medicaid agency for a final determination; and (B) "Determination state" means a state that requires the eligibility determination made by the federally facilitated marketplace to be accepted by the state Medicaid agency. (c) Notwithstanding other provisions of law, the department shall not accept Medicaid eligibility determinations from an exchange or marketplace established under 42 U.S.C. § 18041(c) before verifying eligibility independently and making a Medicaid eligibility determination. Amended by Act 2021, No. 780,§ 3, eff. 7/28/2021. Amended by Act 2017EX1, No. 6,§ 8, eff. 5/4/2017. Amended by Act 2017EX1, No. 3,§ 8, eff. 5/4/2017. Added by Act 2013, No. 1265,§ 1, eff. 8/16/2013.

(a) The Department of Human Services shall establish and maintain the Medicaid Eligibility Verification System that is designed to prevent fraud in the establishment and maintenance of Medicaid eligibility.

(b) (1) In establishing the Medicaid Eligibility Verification System, the department shall be an "assessment state" and not a "determination state" for purposes of Medicaid eligibility determinations by the federally facilitated marketplace. (2) As used in this subsection: (A) "Assessment state" means a state with a federally facilitated marketplace that can elect to have the federally facilitated marketplace make assessments of Medicaid eligibility and then transfer the account of an individual to the state Medicaid agency for a final determination; and (B) "Determination state" means a state that requires the eligibility determination made by the federally facilitated marketplace to be accepted by the state Medicaid agency.

(1) In establishing the Medicaid Eligibility Verification System, the department shall be an "assessment state" and not a "determination state" for purposes of Medicaid eligibility determinations by the federally facilitated marketplace.

(2) As used in this subsection: (A) "Assessment state" means a state with a federally facilitated marketplace that can elect to have the federally facilitated marketplace make assessments of Medicaid eligibility and then transfer the account of an individual to the state Medicaid agency for a final determination; and (B) "Determination state" means a state that requires the eligibility determination made by the federally facilitated marketplace to be accepted by the state Medicaid agency.

(A) "Assessment state" means a state with a federally facilitated marketplace that can elect to have the federally facilitated marketplace make assessments of Medicaid eligibility and then transfer the account of an individual to the state Medicaid agency for a final determination; and

(B) "Determination state" means a state that requires the eligibility determination made by the federally facilitated marketplace to be accepted by the state Medicaid agency.

(c) Notwithstanding other provisions of law, the department shall not accept Medicaid eligibility determinations from an exchange or marketplace established under 42 U.S.C. § 18041(c) before verifying eligibility independently and making a Medicaid eligibility determination.

Amended by Act 2021, No. 780,§ 3, eff. 7/28/2021.

Amended by Act 2017EX1, No. 6,§ 8, eff. 5/4/2017.

Amended by Act 2017EX1, No. 3,§ 8, eff. 5/4/2017.

Added by Act 2013, No. 1265,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-47-808 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-808
Determination of need to initiate crisis intervention protocol
Status: in_force

(a) (1) If a crisis intervention team officer determines that an individual with a behavioral health impairment demonstrates a substantial likelihood of committing bodily harm to himself or herself or to another person, the crisis intervention team officer may take the individual into custody for the purpose of transporting the individual to the designated crisis stabilization unit serving the crisis stabilization unit catchment area in which the officer has jurisdiction. (2) The crisis intervention team officer shall certify in writing the reasons for taking the individual into custody. (b) (1) Only a crisis intervention team officer with jurisdictional authority to operate within a crisis stabilization unit catchment area may determine whether a person in custody should be transported to the crisis stabilization unit for that crisis stabilization unit catchment area. (2) However, any law enforcement officer may transport the person to the crisis stabilization unit for that crisis stabilization unit catchment area when the determination under subdivision (b)(1) of this section has been made. (c) (1) An individual transported by a crisis intervention team officer to the crisis stabilization unit or an individual referred by the community mental health center under the guidelines of a collaborative agreement under § 20-47-806(a) shall be examined by a physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional. (2) If the individual does not consent to voluntary evaluation and treatment and the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual is an individual with a behavioral health impairment, the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional shall then determine if that individual may be held under the crisis intervention protocol as set out in this subchapter. (3) If the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual demonstrates a substantial likelihood of committing bodily harm against himself or herself or against another person because of a behavioral health impairment caused by alcohol or a controlled substance and that there is no reasonable less restrictive alternative, the individual may be held at the crisis stabilization unit until the behavioral health impairment has resolved and the individual no longer demonstrates a substantial likelihood of committing bodily harm to himself or herself or against another person. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) (1) If a crisis intervention team officer determines that an individual with a behavioral health impairment demonstrates a substantial likelihood of committing bodily harm to himself or herself or to another person, the crisis intervention team officer may take the individual into custody for the purpose of transporting the individual to the designated crisis stabilization unit serving the crisis stabilization unit catchment area in which the officer has jurisdiction. (2) The crisis intervention team officer shall certify in writing the reasons for taking the individual into custody.

(1) If a crisis intervention team officer determines that an individual with a behavioral health impairment demonstrates a substantial likelihood of committing bodily harm to himself or herself or to another person, the crisis intervention team officer may take the individual into custody for the purpose of transporting the individual to the designated crisis stabilization unit serving the crisis stabilization unit catchment area in which the officer has jurisdiction.

(2) The crisis intervention team officer shall certify in writing the reasons for taking the individual into custody.

(b) (1) Only a crisis intervention team officer with jurisdictional authority to operate within a crisis stabilization unit catchment area may determine whether a person in custody should be transported to the crisis stabilization unit for that crisis stabilization unit catchment area. (2) However, any law enforcement officer may transport the person to the crisis stabilization unit for that crisis stabilization unit catchment area when the determination under subdivision (b)(1) of this section has been made.

(1) Only a crisis intervention team officer with jurisdictional authority to operate within a crisis stabilization unit catchment area may determine whether a person in custody should be transported to the crisis stabilization unit for that crisis stabilization unit catchment area.

(2) However, any law enforcement officer may transport the person to the crisis stabilization unit for that crisis stabilization unit catchment area when the determination under subdivision (b)(1) of this section has been made.

(c) (1) An individual transported by a crisis intervention team officer to the crisis stabilization unit or an individual referred by the community mental health center under the guidelines of a collaborative agreement under § 20-47-806(a) shall be examined by a physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional. (2) If the individual does not consent to voluntary evaluation and treatment and the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual is an individual with a behavioral health impairment, the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional shall then determine if that individual may be held under the crisis intervention protocol as set out in this subchapter. (3) If the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual demonstrates a substantial likelihood of committing bodily harm against himself or herself or against another person because of a behavioral health impairment caused by alcohol or a controlled substance and that there is no reasonable less restrictive alternative, the individual may be held at the crisis stabilization unit until the behavioral health impairment has resolved and the individual no longer demonstrates a substantial likelihood of committing bodily harm to himself or herself or against another person.

(1) An individual transported by a crisis intervention team officer to the crisis stabilization unit or an individual referred by the community mental health center under the guidelines of a collaborative agreement under § 20-47-806(a) shall be examined by a physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional.

(2) If the individual does not consent to voluntary evaluation and treatment and the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual is an individual with a behavioral health impairment, the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional shall then determine if that individual may be held under the crisis intervention protocol as set out in this subchapter.

(3) If the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual demonstrates a substantial likelihood of committing bodily harm against himself or herself or against another person because of a behavioral health impairment caused by alcohol or a controlled substance and that there is no reasonable less restrictive alternative, the individual may be held at the crisis stabilization unit until the behavioral health impairment has resolved and the individual no longer demonstrates a substantial likelihood of committing bodily harm to himself or herself or against another person.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-77-1608 — AR Code / Title 20 / Chapter 77 / Subchapter 16 / Section 20-77-1608
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019. Amended by Act 2013, No. 1132,§ 51, eff. 8/16/2013. Acts 2005, No. 1757, § 1.

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

Amended by Act 2013, No. 1132,§ 51, eff. 8/16/2013.

Acts 2005, No. 1757, § 1.
Ark. Code Ann. § 20-78-228 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-228
Childcare facility floor plan on file with emergency management coordinator - Definition
Status: in_force

(a) (1) As used in this section, "floor plan" means a document containing: (A) A schematic drawing of facilities and property used by the childcare facility, including the configuration of rooms, spaces, and other physical features of buildings; (B) The location or locations where children enrolled in child care spend time regularly; (C) The escape routes approved by the local fire department for the childcare facility or faculties; (D) The ages of children served by the childcare facility; (E) The licensed capacity of children enrolled in the childcare facility; and (F) The contact information for at least two (2) emergency contacts for the childcare facility. (2) An aerial view of the childcare facility and property used by the childcare facility shall be included with the floor plan if available. (b) A childcare facility licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act, § 9-28-401 et seq., shall file a copy of the childcare facility's floor plan with the emergency management coordinator through the statewide Smart911 system for the local office of emergency management or the inter-jurisdictional office of emergency management that serves the area where the childcare facility is located within: (1) Thirty (30) days of receiving a license; and (2) Thirty (30) days of a change or modification to the floor plan. (c) The emergency management coordinator shall ensure that the childcare facility's floor plan submitted under subsection (b) of this section is available at the 911 public safety communications center and the local office of emergency management or the interjurisdictional office of emergency management that serves the area where the childcare facility is located. (d) The Department of Human Services shall adopt rules as necessary to implement this section. Amended by Act 2015, No. 950,§ 2, eff. 7/22/2015. Added by Act 2013, No. 1159,§ 2, eff. 8/16/2013.

(a) (1) As used in this section, "floor plan" means a document containing: (A) A schematic drawing of facilities and property used by the childcare facility, including the configuration of rooms, spaces, and other physical features of buildings; (B) The location or locations where children enrolled in child care spend time regularly; (C) The escape routes approved by the local fire department for the childcare facility or faculties; (D) The ages of children served by the childcare facility; (E) The licensed capacity of children enrolled in the childcare facility; and (F) The contact information for at least two (2) emergency contacts for the childcare facility. (2) An aerial view of the childcare facility and property used by the childcare facility shall be included with the floor plan if available.

(1) As used in this section, "floor plan" means a document containing: (A) A schematic drawing of facilities and property used by the childcare facility, including the configuration of rooms, spaces, and other physical features of buildings; (B) The location or locations where children enrolled in child care spend time regularly; (C) The escape routes approved by the local fire department for the childcare facility or faculties; (D) The ages of children served by the childcare facility; (E) The licensed capacity of children enrolled in the childcare facility; and (F) The contact information for at least two (2) emergency contacts for the childcare facility.

(A) A schematic drawing of facilities and property used by the childcare facility, including the configuration of rooms, spaces, and other physical features of buildings;

(B) The location or locations where children enrolled in child care spend time regularly;

(C) The escape routes approved by the local fire department for the childcare facility or faculties;

(D) The ages of children served by the childcare facility;

(E) The licensed capacity of children enrolled in the childcare facility; and

(F) The contact information for at least two (2) emergency contacts for the childcare facility.

(2) An aerial view of the childcare facility and property used by the childcare facility shall be included with the floor plan if available.

(b) A childcare facility licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services under this subchapter or the Child Welfare Agency Licensing Act, § 9-28-401 et seq., shall file a copy of the childcare facility's floor plan with the emergency management coordinator through the statewide Smart911 system for the local office of emergency management or the inter-jurisdictional office of emergency management that serves the area where the childcare facility is located within: (1) Thirty (30) days of receiving a license; and (2) Thirty (30) days of a change or modification to the floor plan.

(1) Thirty (30) days of receiving a license; and

(2) Thirty (30) days of a change or modification to the floor plan.

(c) The emergency management coordinator shall ensure that the childcare facility's floor plan submitted under subsection (b) of this section is available at the 911 public safety communications center and the local office of emergency management or the interjurisdictional office of emergency management that serves the area where the childcare facility is located.

(d) The Department of Human Services shall adopt rules as necessary to implement this section.

Amended by Act 2015, No. 950,§ 2, eff. 7/22/2015.

Added by Act 2013, No. 1159,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-77-2002 — AR Code / Title 20 / Chapter 77 / Subchapter 20 / Section 20-77-2002
Administration
Status: in_force

(a) In administering the ARKids First A and B programs, the Department of Human Services shall: (1) Work to increase enrollment among eligible uninsured children under nineteen (19) years of age; (2) Work to improve retention of coverage among eligible uninsured children under nineteen (19) years of age; (3) Design the application and annual renewal processes to minimize administrative barriers for applicants and enrolled children under nineteen (19) years of age to minimize gaps in coverage for children who are eligible and to reduce state administrative costs; (4) Modify eligibility renewal procedures to improve retention and increase the number of children who retain coverage; and (5) (A) Manage outreach, application, and renewal procedures with the goal of achieving annual improvements in enrollment, enrollment rates, renewals, and renewal rates. (B) To make the improvements required under subdivision (a)(1) of this section, the department shall maximize the use of existing program databases to obtain information related to earned and unearned income for purposes of eligibility determination and renewals, including without limitation: (i) The Supplemental Nutrition Assistance Program (SNAP); (ii) The state child care subsidy program; (iii) The Arkansas Better Chance Program; (iv) The National School Lunch Program; (v) Federal Social Security Administration programs; and (vi) The Division of Workforce Services database. (b) To simplify and streamline the renewal process, the department shall: (1) Maximize the use of data matches, online submissions, and telephone interviews; and (2) Develop a pre-populated renewal form that will be sent to families to complete and return for use in cases in which the department is unable to renew coverage through the use of data matching, online submissions, or telephone interviews. Amended by Act 2019, No. 910,§ 559, eff. 7/1/2019. Acts 2011, No. 771, § 1.

(a) In administering the ARKids First A and B programs, the Department of Human Services shall: (1) Work to increase enrollment among eligible uninsured children under nineteen (19) years of age; (2) Work to improve retention of coverage among eligible uninsured children under nineteen (19) years of age; (3) Design the application and annual renewal processes to minimize administrative barriers for applicants and enrolled children under nineteen (19) years of age to minimize gaps in coverage for children who are eligible and to reduce state administrative costs; (4) Modify eligibility renewal procedures to improve retention and increase the number of children who retain coverage; and (5) (A) Manage outreach, application, and renewal procedures with the goal of achieving annual improvements in enrollment, enrollment rates, renewals, and renewal rates. (B) To make the improvements required under subdivision (a)(1) of this section, the department shall maximize the use of existing program databases to obtain information related to earned and unearned income for purposes of eligibility determination and renewals, including without limitation: (i) The Supplemental Nutrition Assistance Program (SNAP); (ii) The state child care subsidy program; (iii) The Arkansas Better Chance Program; (iv) The National School Lunch Program; (v) Federal Social Security Administration programs; and (vi) The Division of Workforce Services database.

(1) Work to increase enrollment among eligible uninsured children under nineteen (19) years of age;

(2) Work to improve retention of coverage among eligible uninsured children under nineteen (19) years of age;

(3) Design the application and annual renewal processes to minimize administrative barriers for applicants and enrolled children under nineteen (19) years of age to minimize gaps in coverage for children who are eligible and to reduce state administrative costs;

(4) Modify eligibility renewal procedures to improve retention and increase the number of children who retain coverage; and

(5) (A) Manage outreach, application, and renewal procedures with the goal of achieving annual improvements in enrollment, enrollment rates, renewals, and renewal rates. (B) To make the improvements required under subdivision (a)(1) of this section, the department shall maximize the use of existing program databases to obtain information related to earned and unearned income for purposes of eligibility determination and renewals, including without limitation: (i) The Supplemental Nutrition Assistance Program (SNAP); (ii) The state child care subsidy program; (iii) The Arkansas Better Chance Program; (iv) The National School Lunch Program; (v) Federal Social Security Administration programs; and (vi) The Division of Workforce Services database.

(A) Manage outreach, application, and renewal procedures with the goal of achieving annual improvements in enrollment, enrollment rates, renewals, and renewal rates.

(B) To make the improvements required under subdivision (a)(1) of this section, the department shall maximize the use of existing program databases to obtain information related to earned and unearned income for purposes of eligibility determination and renewals, including without limitation: (i) The Supplemental Nutrition Assistance Program (SNAP); (ii) The state child care subsidy program; (iii) The Arkansas Better Chance Program; (iv) The National School Lunch Program; (v) Federal Social Security Administration programs; and (vi) The Division of Workforce Services database.

(i) The Supplemental Nutrition Assistance Program (SNAP);

(ii) The state child care subsidy program;

(iii) The Arkansas Better Chance Program;

(iv) The National School Lunch Program;

(v) Federal Social Security Administration programs; and

(vi) The Division of Workforce Services database.

(b) To simplify and streamline the renewal process, the department shall: (1) Maximize the use of data matches, online submissions, and telephone interviews; and (2) Develop a pre-populated renewal form that will be sent to families to complete and return for use in cases in which the department is unable to renew coverage through the use of data matching, online submissions, or telephone interviews.

(1) Maximize the use of data matches, online submissions, and telephone interviews; and

(2) Develop a pre-populated renewal form that will be sent to families to complete and return for use in cases in which the department is unable to renew coverage through the use of data matching, online submissions, or telephone interviews.

Amended by Act 2019, No. 910,§ 559, eff. 7/1/2019.

Acts 2011, No. 771, § 1.
Ark. Code Ann. § 20-15-603 — AR Code / Title 20 / Chapter 15 / Subchapter 6 / Section 20-15-603
State Kidney Disease Commission - Powers and duties
Status: in_force

(a) The State Kidney Disease Commission shall have the following functions, powers, and duties: (1) (A) (i) To establish a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation. (ii) Services to assist persons requiring transplantation may include dental services necessary for consideration for transplantation and the copayment of immunosuppressant drugs post transplantation. (B) The program shall provide financial assistance for persons suffering from chronic renal diseases who require life-saving care and treatment for the renal disease to the extent as determined by the commission that a person is unable to pay for the services on a continuing basis without causing unjust and unusual hardship to himself or herself and his or her immediate family including without limitation a drastic lowering of the standard of living; (2) To develop standards for determining eligibility for assistance in defraying the cost of care and treatment of renal disease under this program; (3) To cooperate with hospitals, private groups, and organizations and public agencies in the development of positive programs to bring about financial assistance and support of evaluation and treatment of patients suffering from chronic kidney disease; (4) To cooperate with the national and state kidney foundations and with medical programs of the state and the United States Government for the purpose of obtaining the maximum amount of federal and private assistance possible in support of a kidney disease treatment program; (5) To establish criteria and standards for evaluating the financial ability of persons suffering from chronic kidney disease to pay for their own care, including the availability of third-party insurance coverage, for the purpose of establishing standards for eligibility for financial assistance in defraying the cost of the care and treatment from funds appropriated to the commission for renal disease treatment purposes; (6) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used for the purposes of this subchapter in defraying costs incurred by persons suffering from acute or chronic renal disease who are unable to meet the total cost of life-saving care and treatment for renal disease; and (7) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used to honor persons who have provided living kidney donations to Arkansans in need of kidney transplantation. (b) Whereas the current Department of Finance and Administration accounting system will accept current-year refunds, credit the current-year appropriation, and allow expenditure of the funds, the commission, administered by the Department of Health, may accept prior-year refunds and contributions and deposit the funds into the agency cash fund in an account specifically identified as the State Kidney Disease Escrow Account and disbursed for the purchase of additional services for clients served by the commission. Amended by Act 2023, No. 182,§ 8, eff. 8/1/2023. Amended by Act 2015, No. 1029,§ 1, eff. 7/22/2015. Acts 1971, No. 450, § 4; A.S.A. 1947, § 82-2504; Acts 1987, No. 1050, § 9; 1989 (1st Ex. Sess.), No. 202, § 8; 2011, No. 268, § 1.

(a) The State Kidney Disease Commission shall have the following functions, powers, and duties: (1) (A) (i) To establish a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation. (ii) Services to assist persons requiring transplantation may include dental services necessary for consideration for transplantation and the copayment of immunosuppressant drugs post transplantation. (B) The program shall provide financial assistance for persons suffering from chronic renal diseases who require life-saving care and treatment for the renal disease to the extent as determined by the commission that a person is unable to pay for the services on a continuing basis without causing unjust and unusual hardship to himself or herself and his or her immediate family including without limitation a drastic lowering of the standard of living; (2) To develop standards for determining eligibility for assistance in defraying the cost of care and treatment of renal disease under this program; (3) To cooperate with hospitals, private groups, and organizations and public agencies in the development of positive programs to bring about financial assistance and support of evaluation and treatment of patients suffering from chronic kidney disease; (4) To cooperate with the national and state kidney foundations and with medical programs of the state and the United States Government for the purpose of obtaining the maximum amount of federal and private assistance possible in support of a kidney disease treatment program; (5) To establish criteria and standards for evaluating the financial ability of persons suffering from chronic kidney disease to pay for their own care, including the availability of third-party insurance coverage, for the purpose of establishing standards for eligibility for financial assistance in defraying the cost of the care and treatment from funds appropriated to the commission for renal disease treatment purposes; (6) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used for the purposes of this subchapter in defraying costs incurred by persons suffering from acute or chronic renal disease who are unable to meet the total cost of life-saving care and treatment for renal disease; and (7) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used to honor persons who have provided living kidney donations to Arkansans in need of kidney transplantation.

(1) (A) (i) To establish a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation. (ii) Services to assist persons requiring transplantation may include dental services necessary for consideration for transplantation and the copayment of immunosuppressant drugs post transplantation. (B) The program shall provide financial assistance for persons suffering from chronic renal diseases who require life-saving care and treatment for the renal disease to the extent as determined by the commission that a person is unable to pay for the services on a continuing basis without causing unjust and unusual hardship to himself or herself and his or her immediate family including without limitation a drastic lowering of the standard of living;

(A) (i) To establish a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation. (ii) Services to assist persons requiring transplantation may include dental services necessary for consideration for transplantation and the copayment of immunosuppressant drugs post transplantation.

(i) To establish a program to assist persons suffering from acute or chronic renal failure in obtaining care and treatment requiring kidney dialysis or transplantation.

(ii) Services to assist persons requiring transplantation may include dental services necessary for consideration for transplantation and the copayment of immunosuppressant drugs post transplantation.

(B) The program shall provide financial assistance for persons suffering from chronic renal diseases who require life-saving care and treatment for the renal disease to the extent as determined by the commission that a person is unable to pay for the services on a continuing basis without causing unjust and unusual hardship to himself or herself and his or her immediate family including without limitation a drastic lowering of the standard of living;

(2) To develop standards for determining eligibility for assistance in defraying the cost of care and treatment of renal disease under this program;

(3) To cooperate with hospitals, private groups, and organizations and public agencies in the development of positive programs to bring about financial assistance and support of evaluation and treatment of patients suffering from chronic kidney disease;

(4) To cooperate with the national and state kidney foundations and with medical programs of the state and the United States Government for the purpose of obtaining the maximum amount of federal and private assistance possible in support of a kidney disease treatment program;

(5) To establish criteria and standards for evaluating the financial ability of persons suffering from chronic kidney disease to pay for their own care, including the availability of third-party insurance coverage, for the purpose of establishing standards for eligibility for financial assistance in defraying the cost of the care and treatment from funds appropriated to the commission for renal disease treatment purposes;

(6) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used for the purposes of this subchapter in defraying costs incurred by persons suffering from acute or chronic renal disease who are unable to meet the total cost of life-saving care and treatment for renal disease; and

(7) To accept gifts, grants, and donations from private sources and the United States Government and support from municipal and county governments to be used to honor persons who have provided living kidney donations to Arkansans in need of kidney transplantation.

(b) Whereas the current Department of Finance and Administration accounting system will accept current-year refunds, credit the current-year appropriation, and allow expenditure of the funds, the commission, administered by the Department of Health, may accept prior-year refunds and contributions and deposit the funds into the agency cash fund in an account specifically identified as the State Kidney Disease Escrow Account and disbursed for the purchase of additional services for clients served by the commission.

Amended by Act 2023, No. 182,§ 8, eff. 8/1/2023.

Amended by Act 2015, No. 1029,§ 1, eff. 7/22/2015.

Acts 1971, No. 450, § 4; A.S.A. 1947, § 82-2504; Acts 1987, No. 1050, § 9; 1989 (1st Ex. Sess.), No. 202, § 8; 2011, No. 268, § 1.
Ark. Code Ann. § 20-17-1203 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1203
Applicability
Status: in_force

This subchapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. Acts 2007, No. 839, § 1.

This subchapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-10-702 — AR Code / Title 20 / Chapter 10 / Subchapter 7 / Section 20-10-702
Definitions
Status: in_force

As used in this subchapter: (1) "Long-term care facility" means a nursing home, a residential care facility, an assisted living facility, an adult daycare facility, or any other facility which provides long-term medical or personal care; and (2) "Primary instructor" means a registered nurse who: (A) (i) Is licensed in this state; or (ii) Holds a multistate privilege to practice if the registered nurse moves from a state that has joined the Interstate Nurse Licensure Compact, § 17-87-601 et seq., to Arkansas and meets all requirements for licensure in Arkansas; (B) Does not have any disciplinary action regarding his or her license by the licensing entity or authority; and (C) (i) Possesses a minimum of two (2) years' general nursing experience as a registered nurse including at least one (1) year of long-term care nursing services in a nursing facility setting within the last five (5) years. (ii) As used in this section, "general nursing experience" may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home healthcare, hospice care, or other long-term care setting. Amended by Act 2019, No. 1059,§ 1, eff. 7/24/2019. Acts 1987, No. 689, § 5; 2005, No. 2191, § 6.

As used in this subchapter:

(1) "Long-term care facility" means a nursing home, a residential care facility, an assisted living facility, an adult daycare facility, or any other facility which provides long-term medical or personal care; and

(2) "Primary instructor" means a registered nurse who: (A) (i) Is licensed in this state; or (ii) Holds a multistate privilege to practice if the registered nurse moves from a state that has joined the Interstate Nurse Licensure Compact, § 17-87-601 et seq., to Arkansas and meets all requirements for licensure in Arkansas; (B) Does not have any disciplinary action regarding his or her license by the licensing entity or authority; and (C) (i) Possesses a minimum of two (2) years' general nursing experience as a registered nurse including at least one (1) year of long-term care nursing services in a nursing facility setting within the last five (5) years. (ii) As used in this section, "general nursing experience" may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home healthcare, hospice care, or other long-term care setting.

(A) (i) Is licensed in this state; or (ii) Holds a multistate privilege to practice if the registered nurse moves from a state that has joined the Interstate Nurse Licensure Compact, § 17-87-601 et seq., to Arkansas and meets all requirements for licensure in Arkansas;

(i) Is licensed in this state; or

(ii) Holds a multistate privilege to practice if the registered nurse moves from a state that has joined the Interstate Nurse Licensure Compact, § 17-87-601 et seq., to Arkansas and meets all requirements for licensure in Arkansas;

(B) Does not have any disciplinary action regarding his or her license by the licensing entity or authority; and

(C) (i) Possesses a minimum of two (2) years' general nursing experience as a registered nurse including at least one (1) year of long-term care nursing services in a nursing facility setting within the last five (5) years. (ii) As used in this section, "general nursing experience" may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home healthcare, hospice care, or other long-term care setting.

(i) Possesses a minimum of two (2) years' general nursing experience as a registered nurse including at least one (1) year of long-term care nursing services in a nursing facility setting within the last five (5) years.

(ii) As used in this section, "general nursing experience" may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home healthcare, hospice care, or other long-term care setting.

Amended by Act 2019, No. 1059,§ 1, eff. 7/24/2019.

Acts 1987, No. 689, § 5; 2005, No. 2191, § 6.
Ark. Code Ann. § 20-9-1003 — AR Code / Title 20 / Chapter 9 / Subchapter 10 / Section 20-9-1003
Acute Stroke Care Task Force - Creation
Status: in_force

(a) There is created the Acute Stroke Care Task Force to consist of twelve (12) members. (b) The Secretary of the Department of Health shall appoint: (1) One (1) member to represent the Department of Health; (2) One (1) member to represent the American Heart Association and the American Stroke Association; (3) One (1) member to represent the Arkansas Minority Health Commission; (4) One (1) member to represent the Arkansas Hospital Association, Inc.; (5) One (1) member to represent the Arkansas Foundation for Medical Care, Inc.; (6) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; (7) One (1) member to represent the Division of Medical Services; (8) One (1) member to represent emergency medical services; (9) One (1) member to represent the Arkansas Medical Society, Inc.; (10) One (1) member to represent the medical insurance industry; (11) One (1) member to represent the community at large; and (12) One (1) member to represent the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. (c) (1) Except for the initial members, task force members shall serve three-year terms. (2) The initial members shall be assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year. (d) If a vacancy occurs, the secretary shall appoint a person who represents the same constituency as the member being replaced. (e) The task force shall elect one (1) of its members to act as chair for a term of one (1) year. (f) A majority of the members shall constitute a quorum for the transaction of business. (g) The task force shall meet as necessary to further the intent and purpose of this subchapter. (h) The Department of Health shall provide office space and staff for the task force. (i) Members of the task force shall serve without pay but may receive expense reimbursement in accordance with § 25-16-902 if funds are available. Amended by Act 2019, No. 910,§ 4974, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4973, eff. 7/1/2019. Acts 2005, No. 663, § 1.

(a) There is created the Acute Stroke Care Task Force to consist of twelve (12) members.

(b) The Secretary of the Department of Health shall appoint: (1) One (1) member to represent the Department of Health; (2) One (1) member to represent the American Heart Association and the American Stroke Association; (3) One (1) member to represent the Arkansas Minority Health Commission; (4) One (1) member to represent the Arkansas Hospital Association, Inc.; (5) One (1) member to represent the Arkansas Foundation for Medical Care, Inc.; (6) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; (7) One (1) member to represent the Division of Medical Services; (8) One (1) member to represent emergency medical services; (9) One (1) member to represent the Arkansas Medical Society, Inc.; (10) One (1) member to represent the medical insurance industry; (11) One (1) member to represent the community at large; and (12) One (1) member to represent the Arkansas Medical, Dental, and Pharmaceutical Association, Inc.

(1) One (1) member to represent the Department of Health;

(2) One (1) member to represent the American Heart Association and the American Stroke Association;

(3) One (1) member to represent the Arkansas Minority Health Commission;

(4) One (1) member to represent the Arkansas Hospital Association, Inc.;

(5) One (1) member to represent the Arkansas Foundation for Medical Care, Inc.;

(6) One (1) member to represent the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences;

(7) One (1) member to represent the Division of Medical Services;

(8) One (1) member to represent emergency medical services;

(9) One (1) member to represent the Arkansas Medical Society, Inc.;

(10) One (1) member to represent the medical insurance industry;

(11) One (1) member to represent the community at large; and

(12) One (1) member to represent the Arkansas Medical, Dental, and Pharmaceutical Association, Inc.

(c) (1) Except for the initial members, task force members shall serve three-year terms. (2) The initial members shall be assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year.

(1) Except for the initial members, task force members shall serve three-year terms.

(2) The initial members shall be assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be appointed each year.

(d) If a vacancy occurs, the secretary shall appoint a person who represents the same constituency as the member being replaced.

(e) The task force shall elect one (1) of its members to act as chair for a term of one (1) year.

(f) A majority of the members shall constitute a quorum for the transaction of business.

(g) The task force shall meet as necessary to further the intent and purpose of this subchapter.

(h) The Department of Health shall provide office space and staff for the task force.

(i) Members of the task force shall serve without pay but may receive expense reimbursement in accordance with § 25-16-902 if funds are available.

Amended by Act 2019, No. 910,§ 4974, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4973, eff. 7/1/2019.

Acts 2005, No. 663, § 1.
Ark. Code Ann. § 20-17-1212 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1212
Search and notification
Status: in_force

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and (2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital. (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions. Acts 2007, No. 839, § 1.

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and (2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and

(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-64-401 — AR Code / Title 20 / Chapter 64 / Subchapter 4 / Section 20-64-401
Penalties
Status: in_force

(a) Any person violating any provision of this subchapter shall be guilty of a felony and upon conviction shall be subject to imprisonment in the state penitentiary for a term of not less than three (3) years nor more than five (5) years. (b) For the second or any subsequent violation of this subchapter, the person shall be subject to imprisonment in the state penitentiary for a term of not less than five (5) years or more than ten (10) years. Acts 1967, No. 111, § 3; A.S.A. 1947, § 82-2112.

(a) Any person violating any provision of this subchapter shall be guilty of a felony and upon conviction shall be subject to imprisonment in the state penitentiary for a term of not less than three (3) years nor more than five (5) years.

(b) For the second or any subsequent violation of this subchapter, the person shall be subject to imprisonment in the state penitentiary for a term of not less than five (5) years or more than ten (10) years.

Acts 1967, No. 111, § 3; A.S.A. 1947, § 82-2112.
Ark. Code Ann. § 20-13-218 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-218
Specific health condition
Status: in_force

(a) Emergency medical services personnel may administer prescription medications that are: (1) Carried by a patient; (2) Administered via routes of delivery that are within the scope of training for emergency medical services personnel; (3) Intended to treat a specific health condition; and (4) Not listed on the drug formulary set out by the Department of Health. (b) A patient who is diagnosed with a specific health condition may request to be transported to an alternative destination facility that is farther away than the nearest facility if: (1) The alternative destination facility better meets the needs of the patient because: (A) The patient's physician and medical records are at the alternative destination facility; (B) The patient has recently been discharged from the alternative destination facility; (C) The patient has had previous hospitalizations at the alternative destination facility; and (D) The patient's complex medical history is followed at the alternative destination facility; and (2) The request is approved by the local emergency medical services entity, which may include or be an emergency medical services board established under § 14-266-105(a)(3) . (c) The Emergency Medical Services Advisory Council shall establish standards for: (1) Emergency medical services personnel to communicate with patients and caregivers of patients who are diagnosed with a specific health condition about: (A) The patient's specific health condition; (B) The likelihood that the patient will need emergency medical services; and (C) The collaborative development of emergency medical service care plans to meet the patient's needs; and (2) Local emergency medical services entities, which may include or be emergency medical services boards established under § 14-266-105(a)(3) , to participate in care coordination for patients who are diagnosed with a specific health condition. Added by Act 2021, No. 827,§ 2, eff. 7/28/2021.

(a) Emergency medical services personnel may administer prescription medications that are: (1) Carried by a patient; (2) Administered via routes of delivery that are within the scope of training for emergency medical services personnel; (3) Intended to treat a specific health condition; and (4) Not listed on the drug formulary set out by the Department of Health.

(1) Carried by a patient;

(2) Administered via routes of delivery that are within the scope of training for emergency medical services personnel;

(3) Intended to treat a specific health condition; and

(4) Not listed on the drug formulary set out by the Department of Health.

(b) A patient who is diagnosed with a specific health condition may request to be transported to an alternative destination facility that is farther away than the nearest facility if: (1) The alternative destination facility better meets the needs of the patient because: (A) The patient's physician and medical records are at the alternative destination facility; (B) The patient has recently been discharged from the alternative destination facility; (C) The patient has had previous hospitalizations at the alternative destination facility; and (D) The patient's complex medical history is followed at the alternative destination facility; and (2) The request is approved by the local emergency medical services entity, which may include or be an emergency medical services board established under § 14-266-105(a)(3) .

(1) The alternative destination facility better meets the needs of the patient because: (A) The patient's physician and medical records are at the alternative destination facility; (B) The patient has recently been discharged from the alternative destination facility; (C) The patient has had previous hospitalizations at the alternative destination facility; and (D) The patient's complex medical history is followed at the alternative destination facility; and

(A) The patient's physician and medical records are at the alternative destination facility;

(B) The patient has recently been discharged from the alternative destination facility;

(C) The patient has had previous hospitalizations at the alternative destination facility; and

(D) The patient's complex medical history is followed at the alternative destination facility; and

(2) The request is approved by the local emergency medical services entity, which may include or be an emergency medical services board established under § 14-266-105(a)(3) .

(c) The Emergency Medical Services Advisory Council shall establish standards for: (1) Emergency medical services personnel to communicate with patients and caregivers of patients who are diagnosed with a specific health condition about: (A) The patient's specific health condition; (B) The likelihood that the patient will need emergency medical services; and (C) The collaborative development of emergency medical service care plans to meet the patient's needs; and (2) Local emergency medical services entities, which may include or be emergency medical services boards established under § 14-266-105(a)(3) , to participate in care coordination for patients who are diagnosed with a specific health condition.

(1) Emergency medical services personnel to communicate with patients and caregivers of patients who are diagnosed with a specific health condition about: (A) The patient's specific health condition; (B) The likelihood that the patient will need emergency medical services; and (C) The collaborative development of emergency medical service care plans to meet the patient's needs; and

(A) The patient's specific health condition;

(B) The likelihood that the patient will need emergency medical services; and

(C) The collaborative development of emergency medical service care plans to meet the patient's needs; and

(2) Local emergency medical services entities, which may include or be emergency medical services boards established under § 14-266-105(a)(3) , to participate in care coordination for patients who are diagnosed with a specific health condition.

Added by Act 2021, No. 827,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 20-16-2501 — AR Code / Title 20 / Chapter 16 / Subchapter 25 / Section 20-16-2501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Informed Consent for Chemical Abortion Act". Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Informed Consent for Chemical Abortion Act".

Added by Act 2021, No. 560,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-16-1506 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1506
Criminal penalties
Status: in_force

(a) A person who intentionally, knowingly, or recklessly violates a provision of this subchapter is guilty of a Class A misdemeanor. (b) A criminal penalty may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) A person who intentionally, knowingly, or recklessly violates a provision of this subchapter is guilty of a Class A misdemeanor.

(b) A criminal penalty may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-46-106 — AR Code / Title 20 / Chapter 46 / Subchapter 1 / Section 20-46-106
Emotionally disturbed youth treated out of state
Status: in_force

(a) (1) It is the intent of the General Assembly that treatment for emotionally disturbed youth within the State of Arkansas will result in higher quality care provided for less cost when compared with similar services delivered out of state. (2) Before making an out-of-state placement, the Department of Human Services shall make and document the determinations established in subsection (b) of this section. If an out-of-state placement is made without documenting the determinations, payment for services shall not be authorized. (3) The department shall provide a report monthly to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs reflecting the number of youths in the custody of the department receiving services out of state as follows: (A) The total number of males and the total number of females currently in inpatient psychiatric programs, excluding sexual offender treatment programs; and (B) The total number of males and the total number of females currently in inpatient psychiatric programs, including sexual offender treatment programs. (b) Before an emotionally disturbed youth is placed in an out-of-state treatment facility, the department shall make and document the following determinations: (1) Whether the emotionally disturbed youth has been appropriately and accurately diagnosed; (2) Whether an appropriate treatment facility exists within the state; (3) Whether there is an appropriate treatment facility in a border state; (4) Whether the facility being considered has the most appropriate program; (5) Whether the program requires payment of board, and if so, the amount; (6) Whether the total cost for treatment in the out-of-state facility exceeds the cost for treatment in state; (7) Where youth residing at the facility attend school, and whether the school is accredited; (8) What type of professional staff is available at the facility; (9) What mechanisms are in place to address problems that are not within the purview of the program; (10) What other considerations exist in addition to the youth's emotional problems such as other medical conditions, travel expenses, wishes of the youth, best interests of the youth, effect of out-of-state placement on the youth, and proximity to the emotionally disturbed youth's family; and (11) What alternatives exist to out-of-state placement and the benefits and detriments of each alternative. (c) The determinations made under subsection (b) of this section shall be included in the youth's case file and shall be reviewed and considered by the juvenile court judge. (d) The report shall also include the number of out-of-state placements by county, including court-ordered placements or private placements. Acts 1989 (1st Ex. Sess.), No. 100, § 8; 1995, No. 765, § 1; 1995, No. 809, § 1; 1997, No. 312, § 15; 2005, No. 1958, § 2.

(a) (1) It is the intent of the General Assembly that treatment for emotionally disturbed youth within the State of Arkansas will result in higher quality care provided for less cost when compared with similar services delivered out of state. (2) Before making an out-of-state placement, the Department of Human Services shall make and document the determinations established in subsection (b) of this section. If an out-of-state placement is made without documenting the determinations, payment for services shall not be authorized. (3) The department shall provide a report monthly to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs reflecting the number of youths in the custody of the department receiving services out of state as follows: (A) The total number of males and the total number of females currently in inpatient psychiatric programs, excluding sexual offender treatment programs; and (B) The total number of males and the total number of females currently in inpatient psychiatric programs, including sexual offender treatment programs.

(1) It is the intent of the General Assembly that treatment for emotionally disturbed youth within the State of Arkansas will result in higher quality care provided for less cost when compared with similar services delivered out of state.

(2) Before making an out-of-state placement, the Department of Human Services shall make and document the determinations established in subsection (b) of this section. If an out-of-state placement is made without documenting the determinations, payment for services shall not be authorized.

(3) The department shall provide a report monthly to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs reflecting the number of youths in the custody of the department receiving services out of state as follows: (A) The total number of males and the total number of females currently in inpatient psychiatric programs, excluding sexual offender treatment programs; and (B) The total number of males and the total number of females currently in inpatient psychiatric programs, including sexual offender treatment programs.

(A) The total number of males and the total number of females currently in inpatient psychiatric programs, excluding sexual offender treatment programs; and

(B) The total number of males and the total number of females currently in inpatient psychiatric programs, including sexual offender treatment programs.

(b) Before an emotionally disturbed youth is placed in an out-of-state treatment facility, the department shall make and document the following determinations: (1) Whether the emotionally disturbed youth has been appropriately and accurately diagnosed; (2) Whether an appropriate treatment facility exists within the state; (3) Whether there is an appropriate treatment facility in a border state; (4) Whether the facility being considered has the most appropriate program; (5) Whether the program requires payment of board, and if so, the amount; (6) Whether the total cost for treatment in the out-of-state facility exceeds the cost for treatment in state; (7) Where youth residing at the facility attend school, and whether the school is accredited; (8) What type of professional staff is available at the facility; (9) What mechanisms are in place to address problems that are not within the purview of the program; (10) What other considerations exist in addition to the youth's emotional problems such as other medical conditions, travel expenses, wishes of the youth, best interests of the youth, effect of out-of-state placement on the youth, and proximity to the emotionally disturbed youth's family; and (11) What alternatives exist to out-of-state placement and the benefits and detriments of each alternative.

(1) Whether the emotionally disturbed youth has been appropriately and accurately diagnosed;

(2) Whether an appropriate treatment facility exists within the state;

(3) Whether there is an appropriate treatment facility in a border state;

(4) Whether the facility being considered has the most appropriate program;

(5) Whether the program requires payment of board, and if so, the amount;

(6) Whether the total cost for treatment in the out-of-state facility exceeds the cost for treatment in state;

(7) Where youth residing at the facility attend school, and whether the school is accredited;

(8) What type of professional staff is available at the facility;

(9) What mechanisms are in place to address problems that are not within the purview of the program;

(10) What other considerations exist in addition to the youth's emotional problems such as other medical conditions, travel expenses, wishes of the youth, best interests of the youth, effect of out-of-state placement on the youth, and proximity to the emotionally disturbed youth's family; and

(11) What alternatives exist to out-of-state placement and the benefits and detriments of each alternative.

(c) The determinations made under subsection (b) of this section shall be included in the youth's case file and shall be reviewed and considered by the juvenile court judge.

(d) The report shall also include the number of out-of-state placements by county, including court-ordered placements or private placements.

Acts 1989 (1st Ex. Sess.), No. 100, § 8; 1995, No. 765, § 1; 1995, No. 809, § 1; 1997, No. 312, § 15; 2005, No. 1958, § 2.
Ark. Code Ann. § 20-64-801 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-801
Definitions
Status: in_force

As used in this subchapter: (1) "Administrator" refers to the chief administrative officer or executive director of any private or public facility or program designated as a receiving facility or program by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (2) "Detention" refers to any confinement of a person against his or her wishes and begins either: (A) When a person is involuntarily brought to a receiving facility or program; (B) When the person appears for the initial hearing; or (C) When a person on a voluntary admission is in a receiving facility or program pursuant to § 20-64-810 ; (3) "Evaluation" means an assessment prepared by a receiving facility to include a description of the existence and extent of the person's addiction to alcohol or drugs; (4) "Gravely disabled" refers to a person who, if allowed to remain at liberty, is substantially likely, by reason of addiction to alcohol or other drugs, to physically harm himself or herself or others as a result of inability to make a rational decision to receive medication or treatment, as evidenced by: (A) Inability to provide for his or her own food, clothes, medication, medical care, or shelter; (B) An inability to avoid or protect himself or herself from severe impairment or injury without treatment; or (C) Placement of others in a reasonable fear of violent behavior or serious physical harm to them; (5) "Homicidal" refers to a person who is addicted to alcohol or drugs and poses a significant risk of physical harm to others as manifested by recent overt behavior evidencing homicidal or other violent assaultive tendencies; (6) "Person" shall mean a citizen of the State of Arkansas who is eighteen (18) years of age or older; (7) "Receiving facility or program" refers to a residential, inpatient, or outpatient treatment facility or program which is designated within each geographical area of the state by the division to accept the responsibility for care, custody, and treatment of persons voluntarily admitted or involuntarily committed to the facility or program; and (8) "Suicidal" refers to a person who is addicted to alcohol or other drugs and by reason thereof poses a substantial risk to himself or herself as manifested by evidence of, threats of, or attempts at suicide or serious self-inflicted bodily harm, or by evidence of other behavior or thoughts that create a grave and imminent risk to his or her physical condition. Amended by Act 2017, No. 913,§ 95, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 26, eff. 8/16/2013. Amended by Act 2013, No. 1107,§ 25, eff. 8/16/2013. Acts 1989 (3rd Ex. Sess.), No. 10, § 1; 1991, No. 150, § 1; 1995, No. 1268, § 1.

As used in this subchapter:

(1) "Administrator" refers to the chief administrative officer or executive director of any private or public facility or program designated as a receiving facility or program by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;

(2) "Detention" refers to any confinement of a person against his or her wishes and begins either: (A) When a person is involuntarily brought to a receiving facility or program; (B) When the person appears for the initial hearing; or (C) When a person on a voluntary admission is in a receiving facility or program pursuant to § 20-64-810 ;

(A) When a person is involuntarily brought to a receiving facility or program;

(B) When the person appears for the initial hearing; or

(C) When a person on a voluntary admission is in a receiving facility or program pursuant to § 20-64-810 ;

(3) "Evaluation" means an assessment prepared by a receiving facility to include a description of the existence and extent of the person's addiction to alcohol or drugs;

(4) "Gravely disabled" refers to a person who, if allowed to remain at liberty, is substantially likely, by reason of addiction to alcohol or other drugs, to physically harm himself or herself or others as a result of inability to make a rational decision to receive medication or treatment, as evidenced by: (A) Inability to provide for his or her own food, clothes, medication, medical care, or shelter; (B) An inability to avoid or protect himself or herself from severe impairment or injury without treatment; or (C) Placement of others in a reasonable fear of violent behavior or serious physical harm to them;

(A) Inability to provide for his or her own food, clothes, medication, medical care, or shelter;

(B) An inability to avoid or protect himself or herself from severe impairment or injury without treatment; or

(C) Placement of others in a reasonable fear of violent behavior or serious physical harm to them;

(5) "Homicidal" refers to a person who is addicted to alcohol or drugs and poses a significant risk of physical harm to others as manifested by recent overt behavior evidencing homicidal or other violent assaultive tendencies;

(6) "Person" shall mean a citizen of the State of Arkansas who is eighteen (18) years of age or older;

(7) "Receiving facility or program" refers to a residential, inpatient, or outpatient treatment facility or program which is designated within each geographical area of the state by the division to accept the responsibility for care, custody, and treatment of persons voluntarily admitted or involuntarily committed to the facility or program; and

(8) "Suicidal" refers to a person who is addicted to alcohol or other drugs and by reason thereof poses a substantial risk to himself or herself as manifested by evidence of, threats of, or attempts at suicide or serious self-inflicted bodily harm, or by evidence of other behavior or thoughts that create a grave and imminent risk to his or her physical condition.

Amended by Act 2017, No. 913,§ 95, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 26, eff. 8/16/2013.

Amended by Act 2013, No. 1107,§ 25, eff. 8/16/2013.

Acts 1989 (3rd Ex. Sess.), No. 10, § 1; 1991, No. 150, § 1; 1995, No. 1268, § 1.
Ark. Code Ann. § 20-77-1908 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1908
Medicaid hospital access payments
Status: in_force

(a) To preserve and improve access to hospital services, for hospital inpatient and outpatient services rendered on or after July 1, 2009, the Division of Medical Services of the Department of Human Services shall make hospital access payments as set forth in this section. (b) The division shall calculate the hospital access payment amount up to but not to exceed the upper payment limit gap for inpatient and outpatient services. (c) (1) All hospitals shall be eligible for inpatient and outpatient hospital access payments each state fiscal year as set forth in this subsection other than hospitals described in § 20-77-1905 . (2) (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for inpatient services, shall be designated as the inpatient hospital access payment pool. (B) In addition to any other funds paid to hospitals for inpatient hospital services to Medicaid patients, each eligible hospital shall receive inpatient hospital access payments each state fiscal year equal to the hospital's pro rata share of the inpatient hospital access payment pool based upon the hospital's Medicaid discharges for the most recent audited fiscal period divided by the total number of Medicaid discharges of all eligible hospitals. (C) Inpatient hospital access payments shall be made on a quarterly basis. (3) (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for outpatient services, shall be designated as the outpatient hospital access payment pool. (B) (i) In addition to any other funds paid to hospitals for outpatient hospital services to Medicaid patients, each eligible hospital shall receive outpatient hospital access payments each state fiscal year equal to a percentage adjustment determined by dividing the outpatient hospital access payment pool by Medicaid payments for outpatient services paid to all eligible hospitals. (ii) The percentage adjustment shall be multiplied by the Medicaid payments for outpatient services paid to the eligible hospital in order to determine the amount of each eligible hospital's outpatient hospital access payment. (C) Outpatient hospital access payments shall be made on a quarterly basis. (d) A hospital access payment shall not be used to offset any other payment by Medicaid for hospital inpatient or outpatient services to Medicaid beneficiaries, including without limitation any fee-for-service, per diem, private hospital inpatient adjustment, or cost-settlement payment. Acts 2009, No. 562, § 1; 2011, No. 1121, § 14.

(a) To preserve and improve access to hospital services, for hospital inpatient and outpatient services rendered on or after July 1, 2009, the Division of Medical Services of the Department of Human Services shall make hospital access payments as set forth in this section.

(b) The division shall calculate the hospital access payment amount up to but not to exceed the upper payment limit gap for inpatient and outpatient services.

(c) (1) All hospitals shall be eligible for inpatient and outpatient hospital access payments each state fiscal year as set forth in this subsection other than hospitals described in § 20-77-1905 . (2) (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for inpatient services, shall be designated as the inpatient hospital access payment pool. (B) In addition to any other funds paid to hospitals for inpatient hospital services to Medicaid patients, each eligible hospital shall receive inpatient hospital access payments each state fiscal year equal to the hospital's pro rata share of the inpatient hospital access payment pool based upon the hospital's Medicaid discharges for the most recent audited fiscal period divided by the total number of Medicaid discharges of all eligible hospitals. (C) Inpatient hospital access payments shall be made on a quarterly basis. (3) (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for outpatient services, shall be designated as the outpatient hospital access payment pool. (B) (i) In addition to any other funds paid to hospitals for outpatient hospital services to Medicaid patients, each eligible hospital shall receive outpatient hospital access payments each state fiscal year equal to a percentage adjustment determined by dividing the outpatient hospital access payment pool by Medicaid payments for outpatient services paid to all eligible hospitals. (ii) The percentage adjustment shall be multiplied by the Medicaid payments for outpatient services paid to the eligible hospital in order to determine the amount of each eligible hospital's outpatient hospital access payment. (C) Outpatient hospital access payments shall be made on a quarterly basis.

(1) All hospitals shall be eligible for inpatient and outpatient hospital access payments each state fiscal year as set forth in this subsection other than hospitals described in § 20-77-1905 .

(2) (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for inpatient services, shall be designated as the inpatient hospital access payment pool. (B) In addition to any other funds paid to hospitals for inpatient hospital services to Medicaid patients, each eligible hospital shall receive inpatient hospital access payments each state fiscal year equal to the hospital's pro rata share of the inpatient hospital access payment pool based upon the hospital's Medicaid discharges for the most recent audited fiscal period divided by the total number of Medicaid discharges of all eligible hospitals. (C) Inpatient hospital access payments shall be made on a quarterly basis.

(A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for inpatient services, shall be designated as the inpatient hospital access payment pool.

(B) In addition to any other funds paid to hospitals for inpatient hospital services to Medicaid patients, each eligible hospital shall receive inpatient hospital access payments each state fiscal year equal to the hospital's pro rata share of the inpatient hospital access payment pool based upon the hospital's Medicaid discharges for the most recent audited fiscal period divided by the total number of Medicaid discharges of all eligible hospitals.

(C) Inpatient hospital access payments shall be made on a quarterly basis.

(3) (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for outpatient services, shall be designated as the outpatient hospital access payment pool. (B) (i) In addition to any other funds paid to hospitals for outpatient hospital services to Medicaid patients, each eligible hospital shall receive outpatient hospital access payments each state fiscal year equal to a percentage adjustment determined by dividing the outpatient hospital access payment pool by Medicaid payments for outpatient services paid to all eligible hospitals. (ii) The percentage adjustment shall be multiplied by the Medicaid payments for outpatient services paid to the eligible hospital in order to determine the amount of each eligible hospital's outpatient hospital access payment. (C) Outpatient hospital access payments shall be made on a quarterly basis.

(A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for outpatient services, shall be designated as the outpatient hospital access payment pool.

(B) (i) In addition to any other funds paid to hospitals for outpatient hospital services to Medicaid patients, each eligible hospital shall receive outpatient hospital access payments each state fiscal year equal to a percentage adjustment determined by dividing the outpatient hospital access payment pool by Medicaid payments for outpatient services paid to all eligible hospitals. (ii) The percentage adjustment shall be multiplied by the Medicaid payments for outpatient services paid to the eligible hospital in order to determine the amount of each eligible hospital's outpatient hospital access payment.

(i) In addition to any other funds paid to hospitals for outpatient hospital services to Medicaid patients, each eligible hospital shall receive outpatient hospital access payments each state fiscal year equal to a percentage adjustment determined by dividing the outpatient hospital access payment pool by Medicaid payments for outpatient services paid to all eligible hospitals.

(ii) The percentage adjustment shall be multiplied by the Medicaid payments for outpatient services paid to the eligible hospital in order to determine the amount of each eligible hospital's outpatient hospital access payment.

(C) Outpatient hospital access payments shall be made on a quarterly basis.

(d) A hospital access payment shall not be used to offset any other payment by Medicaid for hospital inpatient or outpatient services to Medicaid beneficiaries, including without limitation any fee-for-service, per diem, private hospital inpatient adjustment, or cost-settlement payment.

Acts 2009, No. 562, § 1; 2011, No. 1121, § 14.
Ark. Code Ann. § 20-76-201 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-201
Department of Human Services - Powers and duties
Status: in_force

The Department of Human Services shall: (1) Administer assigned forms of public assistance, supervise agencies and institutions caring for dependent or aged adults or adults with mental or physical disabilities, and administer other welfare activities or services that may be vested in it; (2) Administer or supervise all child welfare activities in accordance with the rules of the Department of Human Services, including: (A) The licensing and supervision of private and public childcare agencies and institutions; (B) The care of dependent, neglected, and delinquent children and children with mental or physical disabilities in foster family homes or in institutions; and (C) The care and supervision of children placed for adoption; (3) Enter into reciprocal agreements with public welfare agencies in other states relative to the provisions of relief and assistance to transients and nonresidents and cooperate with other state departments and with the United States Government in studying labor, health, and public assistance problems involved in transiency; (4) Administer and make effective the rules governing personnel administration, including the preparation and administration of classification and compensation plans and the method of selection for positions in the Department of Human Services: (A) Develop performance standards and bonus awards for all positions in the program focused on achieving the outcomes; and (B) Remove or transfer employees from the program to other responsibilities within the Department of Human Services if they do not meet performance standards; (5) Carry on research and compile statistics relative to public welfare programs throughout the state, including all phases of dependency, defectiveness, delinquency, and related problems and develop plans in cooperation with other public and private agencies for the prevention as well as the treatment of conditions giving rise to public welfare problems; (6) Assist other departments, agencies, and institutions of the state and federal governments, when so requested, by performing services in conformity with the purposes of this chapter; (7) Cooperate with the United States Government in matters of mutual concern pertaining to federally funded programs within the Department of Human Services' purview; (8) Make reports in the form and containing the information as the United States Government from time to time may require and comply with provisions as the United States Government from time to time may find necessary to assure the correctness and veracity of the reports; (9) Allocate funds for the purposes and in accordance with the provisions of this chapter and rules as may be prescribed by the Department of Human Services and subject to review and recommendation by the Arkansas Workforce Development Board; (10) Establish standards of eligibility for assistance developed by the Department of Human Services and subject to review and recommendation by the board; (11) Receive, administer, disburse, dispose, and account for funds, commodities, equipment, supplies, and any kind of property given, granted, loaned, or advanced to the State of Arkansas for public assistance, public welfare, Social Security, or any other similar purposes; (12) Make rules and take actions as are necessary or desirable to carry out the provisions of this chapter and that are not inconsistent therewith; (13) Solicit participation of private organizations, nonprofit organizations, charitable organizations, and institutions of education in the delivery of services and in the enactment and revision of rules; (14) Employ attorneys to represent the interests of the Department of Human Services; and (15) Develop and implement automated statewide benefit delivery and information systems to achieve the purposes of this chapter. Amended by Act 2019, No. 315,§ 2239, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2238, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2237, eff. 7/24/2019. Acts 1939, No. 280, § 7; A.S.A. 1947, § 83-109; Acts 1995, No. 710, § 6; 1997, No. 1058, § 5; 1999, No. 1567, § 10; 2001, No. 1264, § 6; 2007, No. 514, § 8.

The Department of Human Services shall:

(1) Administer assigned forms of public assistance, supervise agencies and institutions caring for dependent or aged adults or adults with mental or physical disabilities, and administer other welfare activities or services that may be vested in it;

(2) Administer or supervise all child welfare activities in accordance with the rules of the Department of Human Services, including: (A) The licensing and supervision of private and public childcare agencies and institutions; (B) The care of dependent, neglected, and delinquent children and children with mental or physical disabilities in foster family homes or in institutions; and (C) The care and supervision of children placed for adoption;

(A) The licensing and supervision of private and public childcare agencies and institutions;

(B) The care of dependent, neglected, and delinquent children and children with mental or physical disabilities in foster family homes or in institutions; and

(C) The care and supervision of children placed for adoption;

(3) Enter into reciprocal agreements with public welfare agencies in other states relative to the provisions of relief and assistance to transients and nonresidents and cooperate with other state departments and with the United States Government in studying labor, health, and public assistance problems involved in transiency;

(4) Administer and make effective the rules governing personnel administration, including the preparation and administration of classification and compensation plans and the method of selection for positions in the Department of Human Services: (A) Develop performance standards and bonus awards for all positions in the program focused on achieving the outcomes; and (B) Remove or transfer employees from the program to other responsibilities within the Department of Human Services if they do not meet performance standards;

(A) Develop performance standards and bonus awards for all positions in the program focused on achieving the outcomes; and

(B) Remove or transfer employees from the program to other responsibilities within the Department of Human Services if they do not meet performance standards;

(5) Carry on research and compile statistics relative to public welfare programs throughout the state, including all phases of dependency, defectiveness, delinquency, and related problems and develop plans in cooperation with other public and private agencies for the prevention as well as the treatment of conditions giving rise to public welfare problems;

(6) Assist other departments, agencies, and institutions of the state and federal governments, when so requested, by performing services in conformity with the purposes of this chapter;

(7) Cooperate with the United States Government in matters of mutual concern pertaining to federally funded programs within the Department of Human Services' purview;

(8) Make reports in the form and containing the information as the United States Government from time to time may require and comply with provisions as the United States Government from time to time may find necessary to assure the correctness and veracity of the reports;

(9) Allocate funds for the purposes and in accordance with the provisions of this chapter and rules as may be prescribed by the Department of Human Services and subject to review and recommendation by the Arkansas Workforce Development Board;

(10) Establish standards of eligibility for assistance developed by the Department of Human Services and subject to review and recommendation by the board;

(11) Receive, administer, disburse, dispose, and account for funds, commodities, equipment, supplies, and any kind of property given, granted, loaned, or advanced to the State of Arkansas for public assistance, public welfare, Social Security, or any other similar purposes;

(12) Make rules and take actions as are necessary or desirable to carry out the provisions of this chapter and that are not inconsistent therewith;

(13) Solicit participation of private organizations, nonprofit organizations, charitable organizations, and institutions of education in the delivery of services and in the enactment and revision of rules;

(14) Employ attorneys to represent the interests of the Department of Human Services; and

(15) Develop and implement automated statewide benefit delivery and information systems to achieve the purposes of this chapter.

Amended by Act 2019, No. 315,§ 2239, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2238, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2237, eff. 7/24/2019.

Acts 1939, No. 280, § 7; A.S.A. 1947, § 83-109; Acts 1995, No. 710, § 6; 1997, No. 1058, § 5; 1999, No. 1567, § 10; 2001, No. 1264, § 6; 2007, No. 514, § 8.
Ark. Code Ann. § 20-76-101 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-101
Definitions
Status: in_force

As used in this chapter: (1) "Assessment services" means an evaluation to determine the abilities, talents, proficiencies, and deficiencies of applicants and recipients with regard to the ability of the individual to move into employment; (2) "Date of enrollment" means the date that an applicant is approved as eligible for the Transitional Employment Assistance Program; (3) "Diversion from assistance" means a one-time loan of money or the furnishing of nonmonetary assistance to an applicant who is eligible for but does not require enrollment in the Transitional Employment Assistance Program; (4) "Education or training" means basic remedial education, adult education, high school education, education to obtain the equivalent of a high school diploma, education to learn English as a second language, applied technology training, and postsecondary education and training; (5) "Employment assistance" means financial assistance, child care, assistance to secure full-time employment, assistance in obtaining education and training that leads to full-time employment, case management services, and other services designed to assist recipients in achieving self-sufficiency through employment; (6) "Extended support services" means assistance to a recipient who has obtained employment under the Transitional Employment Assistance Program, which may include, but is not limited to, child care and medical assistance; (7) "Full-time education or training" means education or training on a full-time basis as defined by the Department of Human Services; (8) "Medical assistance" means assistance furnished pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 - 1396w-5 , commonly referred to as Medicaid, or a state-funded medical assistance program; (9) "Personal responsibility agreement" means an agreement between the department and the recipient specifying the recipient's responsibilities that are a condition of receiving employment assistance, which may include an employment plan that describes what the recipient and the department will do to assist the recipient in achieving self-sufficiency through employment; (10) "Positive reinforcement outcome bonus" means a one-time cash assistance bonus for achieving an employment plan goal; (11) "Relocation assistance" means assistance to an eligible recipient who lives in an area of limited job opportunities to enable the recipient to relocate for purposes of full-time employment that the recipient has secured; (12) "Support services" means child care, transportation, financial assistance, medical assistance, substance abuse treatment, life skills training, parenting skills training, and other similar assistance; (13) "Temporary Assistance for Needy Families Program" means all Arkansas programs funded by federal Temporary Assistance to Needy Families block grant funds or state funds claimed as maintenance of effort under the federal Temporary Assistance for Needy Families program, including: (A) The Transitional Employment Assistance Program; (B) The Arkansas Work Pays Program; (C) The Career Pathways Initiative; and (D) The Community Investment Initiative; and (14) "Unearned income" means all income that a recipient receives from sources other than employment, including child support payments, supplemental security income, supplemental security disability income, workers' compensation, and unemployment insurance. Amended by Act 2015, No. 907,§ 6, eff. 7/1/2015. Acts 1939, No. 280, § 1; 1953, No. 110, § 1; A.S.A. 1947, § 83-101; Acts 1997, No. 1058, § 2; 1999, No. 1567, § 3; 2007, No. 514, § 1.

As used in this chapter:

(1) "Assessment services" means an evaluation to determine the abilities, talents, proficiencies, and deficiencies of applicants and recipients with regard to the ability of the individual to move into employment;

(2) "Date of enrollment" means the date that an applicant is approved as eligible for the Transitional Employment Assistance Program;

(3) "Diversion from assistance" means a one-time loan of money or the furnishing of nonmonetary assistance to an applicant who is eligible for but does not require enrollment in the Transitional Employment Assistance Program;

(4) "Education or training" means basic remedial education, adult education, high school education, education to obtain the equivalent of a high school diploma, education to learn English as a second language, applied technology training, and postsecondary education and training;

(5) "Employment assistance" means financial assistance, child care, assistance to secure full-time employment, assistance in obtaining education and training that leads to full-time employment, case management services, and other services designed to assist recipients in achieving self-sufficiency through employment;

(6) "Extended support services" means assistance to a recipient who has obtained employment under the Transitional Employment Assistance Program, which may include, but is not limited to, child care and medical assistance;

(7) "Full-time education or training" means education or training on a full-time basis as defined by the Department of Human Services;

(8) "Medical assistance" means assistance furnished pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 - 1396w-5 , commonly referred to as Medicaid, or a state-funded medical assistance program;

(9) "Personal responsibility agreement" means an agreement between the department and the recipient specifying the recipient's responsibilities that are a condition of receiving employment assistance, which may include an employment plan that describes what the recipient and the department will do to assist the recipient in achieving self-sufficiency through employment;

(10) "Positive reinforcement outcome bonus" means a one-time cash assistance bonus for achieving an employment plan goal;

(11) "Relocation assistance" means assistance to an eligible recipient who lives in an area of limited job opportunities to enable the recipient to relocate for purposes of full-time employment that the recipient has secured;

(12) "Support services" means child care, transportation, financial assistance, medical assistance, substance abuse treatment, life skills training, parenting skills training, and other similar assistance;

(13) "Temporary Assistance for Needy Families Program" means all Arkansas programs funded by federal Temporary Assistance to Needy Families block grant funds or state funds claimed as maintenance of effort under the federal Temporary Assistance for Needy Families program, including: (A) The Transitional Employment Assistance Program; (B) The Arkansas Work Pays Program; (C) The Career Pathways Initiative; and (D) The Community Investment Initiative; and

(A) The Transitional Employment Assistance Program;

(B) The Arkansas Work Pays Program;

(C) The Career Pathways Initiative; and

(D) The Community Investment Initiative; and

(14) "Unearned income" means all income that a recipient receives from sources other than employment, including child support payments, supplemental security income, supplemental security disability income, workers' compensation, and unemployment insurance.

Amended by Act 2015, No. 907,§ 6, eff. 7/1/2015.

Acts 1939, No. 280, § 1; 1953, No. 110, § 1; A.S.A. 1947, § 83-101; Acts 1997, No. 1058, § 2; 1999, No. 1567, § 3; 2007, No. 514, § 1.
Ark. Code Ann. § 20-17-1105 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1105
Board of commissioners - Powers and duties
Status: in_force

(a) The commissioners may take charge of, purchase, and provide a site or grounds and additions thereto, to provide and maintain streets, aisles, outside fences, drainage, and other necessary facilities, and to employ a caretaker or caretakers for the cutting of grass and the planting and care of trees, shrubs, and flowers. (b) The commissioners shall establish lots, plots, or burial spaces within the space provided for a cemetery and issue permits for the interment of deceased persons therein. Acts 1957, No. 318, § 2; A.S.A. 1947, § 20-1302.

(a) The commissioners may take charge of, purchase, and provide a site or grounds and additions thereto, to provide and maintain streets, aisles, outside fences, drainage, and other necessary facilities, and to employ a caretaker or caretakers for the cutting of grass and the planting and care of trees, shrubs, and flowers.

(b) The commissioners shall establish lots, plots, or burial spaces within the space provided for a cemetery and issue permits for the interment of deceased persons therein.

Acts 1957, No. 318, § 2; A.S.A. 1947, § 20-1302.
Ark. Code Ann. § 20-25-113 — AR Code / Title 20 / Chapter 25 / Section 20-25-113
Purchase agreement and consumer disclosure
Status: in_force

(a) (1) All manufactured home retailers shall be required to provide a written purchase agreement to the purchaser of each new manufactured home sold in the State of Arkansas. (2) Each written purchase agreement issued by a manufactured home retailer upon the purchase of a new manufactured home shall include, but not be limited to: (A) The make, model, and gross purchase price of the new manufactured home; (B) Options or material upgrades which influence the purchase price of the new manufactured home; (C) Transportation and delivery arrangements, if applicable; and (D) Installation, set-up, and anchoring arrangements, if applicable. (3) A knowing violation of this subsection shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq., and shall be subject to all remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq. This section shall not create a private right of action, but this section shall not preclude any new manufactured home purchaser from availing himself or herself of other legal or administrative remedies provided by other laws. (b) (1) All manufactured home retailers shall be required to provide a consumer disclosure to the purchaser of each manufactured home sold in the State of Arkansas. (2) Each consumer disclosure issued by a manufactured home retailer before the completion of purchase of a manufactured home shall include the following information, as applicable: (A) A statement that the manufactured home will be required to comply with state requirements for installation; (B) Notice that the manufactured home may also be required to comply with additional state and local requirements not addressed in the state requirements for installation, such as zoning and connection to required utilities; (C) That additional information regarding the construction and installation standards is available from the retailer, the Arkansas Manufactured Home Commission, or the United States Department of Housing and Urban Development; (D) That inspection for compliance with applicable federal, state, and local requirements may involve additional costs to the purchaser; and (E) A recommendation that any manufactured home installed after its original purchase and installation should be inspected upon reinstallation. Acts 1997, No. 1220, § 1; 2001, No. 1067, § 7; 2007, No. 1010, § 4.

(a) (1) All manufactured home retailers shall be required to provide a written purchase agreement to the purchaser of each new manufactured home sold in the State of Arkansas. (2) Each written purchase agreement issued by a manufactured home retailer upon the purchase of a new manufactured home shall include, but not be limited to: (A) The make, model, and gross purchase price of the new manufactured home; (B) Options or material upgrades which influence the purchase price of the new manufactured home; (C) Transportation and delivery arrangements, if applicable; and (D) Installation, set-up, and anchoring arrangements, if applicable. (3) A knowing violation of this subsection shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq., and shall be subject to all remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq. This section shall not create a private right of action, but this section shall not preclude any new manufactured home purchaser from availing himself or herself of other legal or administrative remedies provided by other laws.

(1) All manufactured home retailers shall be required to provide a written purchase agreement to the purchaser of each new manufactured home sold in the State of Arkansas.

(2) Each written purchase agreement issued by a manufactured home retailer upon the purchase of a new manufactured home shall include, but not be limited to: (A) The make, model, and gross purchase price of the new manufactured home; (B) Options or material upgrades which influence the purchase price of the new manufactured home; (C) Transportation and delivery arrangements, if applicable; and (D) Installation, set-up, and anchoring arrangements, if applicable.

(A) The make, model, and gross purchase price of the new manufactured home;

(B) Options or material upgrades which influence the purchase price of the new manufactured home;

(C) Transportation and delivery arrangements, if applicable; and

(D) Installation, set-up, and anchoring arrangements, if applicable.

(3) A knowing violation of this subsection shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq., and shall be subject to all remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq. This section shall not create a private right of action, but this section shall not preclude any new manufactured home purchaser from availing himself or herself of other legal or administrative remedies provided by other laws.

(b) (1) All manufactured home retailers shall be required to provide a consumer disclosure to the purchaser of each manufactured home sold in the State of Arkansas. (2) Each consumer disclosure issued by a manufactured home retailer before the completion of purchase of a manufactured home shall include the following information, as applicable: (A) A statement that the manufactured home will be required to comply with state requirements for installation; (B) Notice that the manufactured home may also be required to comply with additional state and local requirements not addressed in the state requirements for installation, such as zoning and connection to required utilities; (C) That additional information regarding the construction and installation standards is available from the retailer, the Arkansas Manufactured Home Commission, or the United States Department of Housing and Urban Development; (D) That inspection for compliance with applicable federal, state, and local requirements may involve additional costs to the purchaser; and (E) A recommendation that any manufactured home installed after its original purchase and installation should be inspected upon reinstallation.

(1) All manufactured home retailers shall be required to provide a consumer disclosure to the purchaser of each manufactured home sold in the State of Arkansas.

(2) Each consumer disclosure issued by a manufactured home retailer before the completion of purchase of a manufactured home shall include the following information, as applicable: (A) A statement that the manufactured home will be required to comply with state requirements for installation; (B) Notice that the manufactured home may also be required to comply with additional state and local requirements not addressed in the state requirements for installation, such as zoning and connection to required utilities; (C) That additional information regarding the construction and installation standards is available from the retailer, the Arkansas Manufactured Home Commission, or the United States Department of Housing and Urban Development; (D) That inspection for compliance with applicable federal, state, and local requirements may involve additional costs to the purchaser; and (E) A recommendation that any manufactured home installed after its original purchase and installation should be inspected upon reinstallation.

(A) A statement that the manufactured home will be required to comply with state requirements for installation;

(B) Notice that the manufactured home may also be required to comply with additional state and local requirements not addressed in the state requirements for installation, such as zoning and connection to required utilities;

(C) That additional information regarding the construction and installation standards is available from the retailer, the Arkansas Manufactured Home Commission, or the United States Department of Housing and Urban Development;

(D) That inspection for compliance with applicable federal, state, and local requirements may involve additional costs to the purchaser; and

(E) A recommendation that any manufactured home installed after its original purchase and installation should be inspected upon reinstallation.

Acts 1997, No. 1220, § 1; 2001, No. 1067, § 7; 2007, No. 1010, § 4.
Ark. Code Ann. § 20-22-606 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-606
Arkansas Fire Protection Licensing Board - Creation - Members
Status: in_force

(a) (1) There is created the Arkansas Fire Protection Licensing Board, which shall be composed of eleven (11) members who are residents of the state and who shall be appointed by the Governor for terms of five (5) years. The eleven (11) members shall be constituted as follows: (A) One (1) member shall be an industrial safety representative; (B) One (1) member shall be the State Fire Marshal; (C) One (1) member shall be a representative of a state association of fire chiefs; (D) One (1) member shall be a representative of the fire insurance industry; (E) Two (2) members shall be representatives of large industrial users of fire suppression equipment; (F) One (1) member shall be a representative of a restaurant association; (G) Two (2) members shall be active in the installation and servicing of portable fire extinguishers or fixed fire protection systems; and (H) Two (2) members shall be active in the installation and servicing of fire protection sprinkler systems. (2) Each of the four (4) congressional districts in the state shall be represented by at least one (1) member. (3) Each of the members shall be experienced and knowledgeable in one (1) or more of the following areas: (A) The installation or servicing of: (i) Portable fire extinguishers; (ii) Fixed fire protection systems; and (iii) Fire protection sprinkler systems; (B) The manufacturing of fire suppression equipment; (C) The fire insurance industry; (D) The use of fire suppression equipment by the food service industry; or (E) The provision of fire suppression services by a fire department. (b) Each member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (c) (1) The board may expend moneys as necessary to reimburse the Department of Labor and Licensing for stationery, office supplies, application forms, equipment, and other materials necessary for the board to carry out its duties. (2) The expense reimbursement and stipends authorized by § 25-16-901 et seq. and the expense for necessary office supplies, forms, equipment, and other necessary materials shall be paid from the fees and fines collected by the board. (d) (1) The board shall employ an executive director, chief board investigator, and other staff as necessary whose compensation shall be set by the board. (2) The staff shall be paid from fees and fines collected by the board. Amended by Act 2019, No. 910,§ 5450, eff. 7/1/2019. Acts 1977, No. 743, §§ 3, 6; 1979, No. 543, § 1; 1983, No. 660, § 1; 1983, No. 782, § 6; 1985, No. 702, § 3; A.S.A. 1947, §§ 82-834 -- 82-834.3, 82-837; Acts 1991, No. 392, § 3; 1993, No. 1215, § 4; 1997, No. 250, § 194; 2009, No. 422, § 5.

(a) (1) There is created the Arkansas Fire Protection Licensing Board, which shall be composed of eleven (11) members who are residents of the state and who shall be appointed by the Governor for terms of five (5) years. The eleven (11) members shall be constituted as follows: (A) One (1) member shall be an industrial safety representative; (B) One (1) member shall be the State Fire Marshal; (C) One (1) member shall be a representative of a state association of fire chiefs; (D) One (1) member shall be a representative of the fire insurance industry; (E) Two (2) members shall be representatives of large industrial users of fire suppression equipment; (F) One (1) member shall be a representative of a restaurant association; (G) Two (2) members shall be active in the installation and servicing of portable fire extinguishers or fixed fire protection systems; and (H) Two (2) members shall be active in the installation and servicing of fire protection sprinkler systems. (2) Each of the four (4) congressional districts in the state shall be represented by at least one (1) member. (3) Each of the members shall be experienced and knowledgeable in one (1) or more of the following areas: (A) The installation or servicing of: (i) Portable fire extinguishers; (ii) Fixed fire protection systems; and (iii) Fire protection sprinkler systems; (B) The manufacturing of fire suppression equipment; (C) The fire insurance industry; (D) The use of fire suppression equipment by the food service industry; or (E) The provision of fire suppression services by a fire department.

(1) There is created the Arkansas Fire Protection Licensing Board, which shall be composed of eleven (11) members who are residents of the state and who shall be appointed by the Governor for terms of five (5) years. The eleven (11) members shall be constituted as follows: (A) One (1) member shall be an industrial safety representative; (B) One (1) member shall be the State Fire Marshal; (C) One (1) member shall be a representative of a state association of fire chiefs; (D) One (1) member shall be a representative of the fire insurance industry; (E) Two (2) members shall be representatives of large industrial users of fire suppression equipment; (F) One (1) member shall be a representative of a restaurant association; (G) Two (2) members shall be active in the installation and servicing of portable fire extinguishers or fixed fire protection systems; and (H) Two (2) members shall be active in the installation and servicing of fire protection sprinkler systems.

(A) One (1) member shall be an industrial safety representative;

(B) One (1) member shall be the State Fire Marshal;

(C) One (1) member shall be a representative of a state association of fire chiefs;

(D) One (1) member shall be a representative of the fire insurance industry;

(E) Two (2) members shall be representatives of large industrial users of fire suppression equipment;

(F) One (1) member shall be a representative of a restaurant association;

(G) Two (2) members shall be active in the installation and servicing of portable fire extinguishers or fixed fire protection systems; and

(H) Two (2) members shall be active in the installation and servicing of fire protection sprinkler systems.

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

(3) Each of the members shall be experienced and knowledgeable in one (1) or more of the following areas: (A) The installation or servicing of: (i) Portable fire extinguishers; (ii) Fixed fire protection systems; and (iii) Fire protection sprinkler systems; (B) The manufacturing of fire suppression equipment; (C) The fire insurance industry; (D) The use of fire suppression equipment by the food service industry; or (E) The provision of fire suppression services by a fire department.

(A) The installation or servicing of: (i) Portable fire extinguishers; (ii) Fixed fire protection systems; and (iii) Fire protection sprinkler systems;

(i) Portable fire extinguishers;

(ii) Fixed fire protection systems; and

(iii) Fire protection sprinkler systems;

(B) The manufacturing of fire suppression equipment;

(C) The fire insurance industry;

(D) The use of fire suppression equipment by the food service industry; or

(E) The provision of fire suppression services by a fire department.

(b) Each member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(c) (1) The board may expend moneys as necessary to reimburse the Department of Labor and Licensing for stationery, office supplies, application forms, equipment, and other materials necessary for the board to carry out its duties. (2) The expense reimbursement and stipends authorized by § 25-16-901 et seq. and the expense for necessary office supplies, forms, equipment, and other necessary materials shall be paid from the fees and fines collected by the board.

(1) The board may expend moneys as necessary to reimburse the Department of Labor and Licensing for stationery, office supplies, application forms, equipment, and other materials necessary for the board to carry out its duties.

(2) The expense reimbursement and stipends authorized by § 25-16-901 et seq. and the expense for necessary office supplies, forms, equipment, and other necessary materials shall be paid from the fees and fines collected by the board.

(d) (1) The board shall employ an executive director, chief board investigator, and other staff as necessary whose compensation shall be set by the board. (2) The staff shall be paid from fees and fines collected by the board.

(1) The board shall employ an executive director, chief board investigator, and other staff as necessary whose compensation shall be set by the board.

(2) The staff shall be paid from fees and fines collected by the board.

Amended by Act 2019, No. 910,§ 5450, eff. 7/1/2019.

Acts 1977, No. 743, §§ 3, 6; 1979, No. 543, § 1; 1983, No. 660, § 1; 1983, No. 782, § 6; 1985, No. 702, § 3; A.S.A. 1947, §§ 82-834 -- 82-834.3, 82-837; Acts 1991, No. 392, § 3; 1993, No. 1215, § 4; 1997, No. 250, § 194; 2009, No. 422, § 5.
Ark. Code Ann. § 20-77-306 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-306
Liability of third parties to Department of Human Services - Definitions
Status: in_force

(a) As used in this section: (1) "Health insurer" means a commercial insurance company offering health or casualty insurance to individuals or groups including without limitation experience-rated insurance contracts and indemnity contracts that offer the following: (A) Automobile insurance, including casualty, medical payment, uninsured motorist bodily injury coverage, and underinsured benefits except benefits payable for or limited under the terms of the policy to property damage or wrongful death; (B) A group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007; (C) A healthcare plan as defined in § 23-76-102 or similar laws of another state; (D) A health maintenance organization; (E) A liability insurance plan; (F) A hospital and medical service corporation as defined in § 23-75-101 ; (G) A managed care organization; (H) A company that offers or administers health or casualty insurance to individuals or groups; (I) A profit or nonprofit prepaid plan offering either medical services or full or partial payment for services that are reimbursed by Medicaid; (J) An organization administering health or casualty insurance plans, including self-insured and self-funded plans; (K) Other parties that are by statute, contract, or agreement, legally responsible for payment of a healthcare item or service; (L) A pharmacy benefits manager; and (M) Workers' compensation; (2) "Medicaid" means the medical assistance program established under § 20-77-101 et seq.; and (3) "Third party" means an individual, an entity, or a program that is or may be liable to pay all or part of the expenditures for Medicaid services furnished by Medicaid. (b) A third party or health insurer that is legally liable for any medical cost of an injury, disease, disability, or condition requiring medical treatment for which Medicaid has paid, or has assumed liability to pay, shall be liable to reimburse Medicaid the lesser of: (1) The difference between: (A) The amount previously paid in good faith by a third party or health insurer to a recipient or healthcare provider for the medical cost of an injury, a disease, or a disability; and (B) The full amount of the liability of the third party or health insurer; or (2) The full amount paid by Medicaid for the medical cost of an injury, a disease, or a disability. (c) Upon request of the Department of Human Services, a health insurer doing business in this state shall provide the department with eligibility and coverage information that will enable the department to determine: (1) Which Medicaid recipients may be or may have been covered by the third party or health insurer; (2) The period of the coverage; (3) The coverage; and (4) The name, address, and identifying number of the plan. (d) A health insurer or a third party shall: (1) Accept Medicaid's right of recovery and the assignment to Medicaid of the right of a Medicaid recipient or other entity for payment from the health insurer or a third party for an item or a service for which Medicaid has made payment; (2) Subject to the time limits imposed under subdivision (d)(3) of this section and subsection (f) of this section, process and, if appropriate, pay Medicaid reimbursement claims to the same extent that the plan would have been liable had it been properly billed at the point of sale; (3) Agree not to deny claims submitted by the department based on: (A) A failure to present proper documentation of coverage at the point of sale; (B) The date of submission of the claim if the claim is submitted within three (3) years from the date on which the claimed item or service was furnished; or (C) A lack of prior authorization if the department authorized the item or service; and (4) Agree to respond to any inquiry regarding claims within sixty (60) business days after receipt of the written documentation by the Medicaid recipient. (e) The assignment to Medicaid of the right of a Medicaid recipient or other entity for payment from the third party or health insurer for an item or a service for which Medicaid has made payment occurs at the time the recipient requests an item or a service. (f) (1) A health insurer shall respond to any inquiry by the department regarding claims submitted within three (3) years after the date on which the item or service was furnished. (2) The department shall begin an action to enforce Medicaid's rights with respect to a claim within six (6) years of the department's submission of the claim. (g) Nothing in this subchapter requires a health insurer to reimburse Medicaid for items or services that Medicaid does not or did not cover for the recipient. (h) (1) The department shall adopt rules necessary to implement this subchapter. (2) The rules shall: (A) Conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (B) Include provisions for contractual agreements between the department and health insurers specifying the procedures for data exchanges made under this subchapter. Amended by Act 2023, No. 369,§ 1, eff. 8/1/2023. Acts 1981, No. 500, § 4; A.S.A. 1947, § 83-171.5; Acts 1987, No. 463, § 4; 2007, No. 537, § 1; 2009, No. 952, § 16.

(a) As used in this section: (1) "Health insurer" means a commercial insurance company offering health or casualty insurance to individuals or groups including without limitation experience-rated insurance contracts and indemnity contracts that offer the following: (A) Automobile insurance, including casualty, medical payment, uninsured motorist bodily injury coverage, and underinsured benefits except benefits payable for or limited under the terms of the policy to property damage or wrongful death; (B) A group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007; (C) A healthcare plan as defined in § 23-76-102 or similar laws of another state; (D) A health maintenance organization; (E) A liability insurance plan; (F) A hospital and medical service corporation as defined in § 23-75-101 ; (G) A managed care organization; (H) A company that offers or administers health or casualty insurance to individuals or groups; (I) A profit or nonprofit prepaid plan offering either medical services or full or partial payment for services that are reimbursed by Medicaid; (J) An organization administering health or casualty insurance plans, including self-insured and self-funded plans; (K) Other parties that are by statute, contract, or agreement, legally responsible for payment of a healthcare item or service; (L) A pharmacy benefits manager; and (M) Workers' compensation; (2) "Medicaid" means the medical assistance program established under § 20-77-101 et seq.; and (3) "Third party" means an individual, an entity, or a program that is or may be liable to pay all or part of the expenditures for Medicaid services furnished by Medicaid.

(1) "Health insurer" means a commercial insurance company offering health or casualty insurance to individuals or groups including without limitation experience-rated insurance contracts and indemnity contracts that offer the following: (A) Automobile insurance, including casualty, medical payment, uninsured motorist bodily injury coverage, and underinsured benefits except benefits payable for or limited under the terms of the policy to property damage or wrongful death; (B) A group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007; (C) A healthcare plan as defined in § 23-76-102 or similar laws of another state; (D) A health maintenance organization; (E) A liability insurance plan; (F) A hospital and medical service corporation as defined in § 23-75-101 ; (G) A managed care organization; (H) A company that offers or administers health or casualty insurance to individuals or groups; (I) A profit or nonprofit prepaid plan offering either medical services or full or partial payment for services that are reimbursed by Medicaid; (J) An organization administering health or casualty insurance plans, including self-insured and self-funded plans; (K) Other parties that are by statute, contract, or agreement, legally responsible for payment of a healthcare item or service; (L) A pharmacy benefits manager; and (M) Workers' compensation;

(A) Automobile insurance, including casualty, medical payment, uninsured motorist bodily injury coverage, and underinsured benefits except benefits payable for or limited under the terms of the policy to property damage or wrongful death;

(B) A group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007;

(C) A healthcare plan as defined in § 23-76-102 or similar laws of another state;

(D) A health maintenance organization;

(E) A liability insurance plan;

(F) A hospital and medical service corporation as defined in § 23-75-101 ;

(G) A managed care organization;

(H) A company that offers or administers health or casualty insurance to individuals or groups;

(I) A profit or nonprofit prepaid plan offering either medical services or full or partial payment for services that are reimbursed by Medicaid;

(J) An organization administering health or casualty insurance plans, including self-insured and self-funded plans;

(K) Other parties that are by statute, contract, or agreement, legally responsible for payment of a healthcare item or service;

(L) A pharmacy benefits manager; and

(M) Workers' compensation;

(2) "Medicaid" means the medical assistance program established under § 20-77-101 et seq.; and

(3) "Third party" means an individual, an entity, or a program that is or may be liable to pay all or part of the expenditures for Medicaid services furnished by Medicaid.

(b) A third party or health insurer that is legally liable for any medical cost of an injury, disease, disability, or condition requiring medical treatment for which Medicaid has paid, or has assumed liability to pay, shall be liable to reimburse Medicaid the lesser of: (1) The difference between: (A) The amount previously paid in good faith by a third party or health insurer to a recipient or healthcare provider for the medical cost of an injury, a disease, or a disability; and (B) The full amount of the liability of the third party or health insurer; or (2) The full amount paid by Medicaid for the medical cost of an injury, a disease, or a disability.

(1) The difference between: (A) The amount previously paid in good faith by a third party or health insurer to a recipient or healthcare provider for the medical cost of an injury, a disease, or a disability; and (B) The full amount of the liability of the third party or health insurer; or

(A) The amount previously paid in good faith by a third party or health insurer to a recipient or healthcare provider for the medical cost of an injury, a disease, or a disability; and

(B) The full amount of the liability of the third party or health insurer; or

(2) The full amount paid by Medicaid for the medical cost of an injury, a disease, or a disability.

(c) Upon request of the Department of Human Services, a health insurer doing business in this state shall provide the department with eligibility and coverage information that will enable the department to determine: (1) Which Medicaid recipients may be or may have been covered by the third party or health insurer; (2) The period of the coverage; (3) The coverage; and (4) The name, address, and identifying number of the plan.

(1) Which Medicaid recipients may be or may have been covered by the third party or health insurer;

(2) The period of the coverage;

(3) The coverage; and

(4) The name, address, and identifying number of the plan.

(d) A health insurer or a third party shall: (1) Accept Medicaid's right of recovery and the assignment to Medicaid of the right of a Medicaid recipient or other entity for payment from the health insurer or a third party for an item or a service for which Medicaid has made payment; (2) Subject to the time limits imposed under subdivision (d)(3) of this section and subsection (f) of this section, process and, if appropriate, pay Medicaid reimbursement claims to the same extent that the plan would have been liable had it been properly billed at the point of sale; (3) Agree not to deny claims submitted by the department based on: (A) A failure to present proper documentation of coverage at the point of sale; (B) The date of submission of the claim if the claim is submitted within three (3) years from the date on which the claimed item or service was furnished; or (C) A lack of prior authorization if the department authorized the item or service; and (4) Agree to respond to any inquiry regarding claims within sixty (60) business days after receipt of the written documentation by the Medicaid recipient.

(1) Accept Medicaid's right of recovery and the assignment to Medicaid of the right of a Medicaid recipient or other entity for payment from the health insurer or a third party for an item or a service for which Medicaid has made payment;

(2) Subject to the time limits imposed under subdivision (d)(3) of this section and subsection (f) of this section, process and, if appropriate, pay Medicaid reimbursement claims to the same extent that the plan would have been liable had it been properly billed at the point of sale;

(3) Agree not to deny claims submitted by the department based on: (A) A failure to present proper documentation of coverage at the point of sale; (B) The date of submission of the claim if the claim is submitted within three (3) years from the date on which the claimed item or service was furnished; or (C) A lack of prior authorization if the department authorized the item or service; and

(A) A failure to present proper documentation of coverage at the point of sale;

(B) The date of submission of the claim if the claim is submitted within three (3) years from the date on which the claimed item or service was furnished; or

(C) A lack of prior authorization if the department authorized the item or service; and

(4) Agree to respond to any inquiry regarding claims within sixty (60) business days after receipt of the written documentation by the Medicaid recipient.

(e) The assignment to Medicaid of the right of a Medicaid recipient or other entity for payment from the third party or health insurer for an item or a service for which Medicaid has made payment occurs at the time the recipient requests an item or a service.

(f) (1) A health insurer shall respond to any inquiry by the department regarding claims submitted within three (3) years after the date on which the item or service was furnished. (2) The department shall begin an action to enforce Medicaid's rights with respect to a claim within six (6) years of the department's submission of the claim.

(1) A health insurer shall respond to any inquiry by the department regarding claims submitted within three (3) years after the date on which the item or service was furnished.

(2) The department shall begin an action to enforce Medicaid's rights with respect to a claim within six (6) years of the department's submission of the claim.

(g) Nothing in this subchapter requires a health insurer to reimburse Medicaid for items or services that Medicaid does not or did not cover for the recipient.

(h) (1) The department shall adopt rules necessary to implement this subchapter. (2) The rules shall: (A) Conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (B) Include provisions for contractual agreements between the department and health insurers specifying the procedures for data exchanges made under this subchapter.

(1) The department shall adopt rules necessary to implement this subchapter.

(2) The rules shall: (A) Conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (B) Include provisions for contractual agreements between the department and health insurers specifying the procedures for data exchanges made under this subchapter.

(A) Conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(B) Include provisions for contractual agreements between the department and health insurers specifying the procedures for data exchanges made under this subchapter.

Amended by Act 2023, No. 369,§ 1, eff. 8/1/2023.

Acts 1981, No. 500, § 4; A.S.A. 1947, § 83-171.5; Acts 1987, No. 463, § 4; 2007, No. 537, § 1; 2009, No. 952, § 16.
Ark. Code Ann. § 20-76-214 — AR Code / Title 20 / Chapter 76 / Subchapter 2 / Section 20-76-214
Payment of certain contributions and withholdings - Transitional employment assistance
Status: in_force

(a) The Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Act, the Workers' Compensation Law, § 11-9-101 et seq., the Division of Workforce Services Law, § 11-10-101 et seq., and private medical insurance premiums for eligible individuals where that is necessary to achieve employment assistance. (b) (1) Transitional employment assistance recipients shall not be deemed to be state employees solely as a consequence of receiving transitional employment assistance benefits and shall not be eligible to participate in the Arkansas Public Employees' Retirement System solely as a consequence of receiving transitional employment assistance benefits. (2) Transitional employment assistance recipients who are employed by the state shall be eligible for the same benefits as an employee who performs similar work and is not a transitional employment assistance recipient. Amended by Act 2019, No. 910,§ 511, eff. 7/1/2019. Acts 1997, No. 1058, § 7.

(a) The Department of Human Services is authorized to pay the employer's portion of contributions and withholdings required by the federal and state income tax laws, the Federal Insurance Contributions Act, the Workers' Compensation Law, § 11-9-101 et seq., the Division of Workforce Services Law, § 11-10-101 et seq., and private medical insurance premiums for eligible individuals where that is necessary to achieve employment assistance.

(b) (1) Transitional employment assistance recipients shall not be deemed to be state employees solely as a consequence of receiving transitional employment assistance benefits and shall not be eligible to participate in the Arkansas Public Employees' Retirement System solely as a consequence of receiving transitional employment assistance benefits. (2) Transitional employment assistance recipients who are employed by the state shall be eligible for the same benefits as an employee who performs similar work and is not a transitional employment assistance recipient.

(1) Transitional employment assistance recipients shall not be deemed to be state employees solely as a consequence of receiving transitional employment assistance benefits and shall not be eligible to participate in the Arkansas Public Employees' Retirement System solely as a consequence of receiving transitional employment assistance benefits.

(2) Transitional employment assistance recipients who are employed by the state shall be eligible for the same benefits as an employee who performs similar work and is not a transitional employment assistance recipient.

Amended by Act 2019, No. 910,§ 511, eff. 7/1/2019.

Acts 1997, No. 1058, § 7.
Ark. Code Ann. § 20-27-708 — AR Code / Title 20 / Chapter 27 / Subchapter 7 / Section 20-27-708
Penalty
Status: in_force

A violation of § 20-27-706 is a Class C misdemeanor. Acts 2005, No. 134, § 1.

A violation of § 20-27-706 is a Class C misdemeanor.

Acts 2005, No. 134, § 1.
Ark. Code Ann. § 20-27-1305 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1305
Recordkeeping
Status: in_force

(a) (1) The owner or operator shall retain a record of all blasts for at least three (3) years. (2) Upon request, copies of these records shall be made available to the Division of Labor for inspection. (3) The records shall contain the following data: (A) The name of the operator or contractor conducting the blast; (B) The location, date, and time of the blast; (C) The name and signature and the state certification number of the blaster conducting the blast; (D) The identification and direction and distance, in feet, from the nearest blast hole to the nearest structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of the mine which is owned or leased by a person other than the mine owner or operator; (E) The weather conditions, including those which may cause possible adverse blasting effects; (F) The type of material blasted; (G) The sketches of the blast pattern, including number of holes, burden, spacing, decks, and delay pattern; (H) The diameter and depth of the holes; (I) The types of explosives used; (J) The total weight of explosives used per hole; (K) The maximum weight of explosives detonated in an eight-millisecond period; (L) The initiation system; (M) The type and length of stemming; (N) The mats or other protection used; (O) The seismographic and airblast records, if required, which shall include: (i) The type of instrument, the sensitivity, and the calibration signal or certification of annual calibration; (ii) The exact location of the instrument and the date, time, and distance from the blast; (iii) The name of the person and firm who set up the instrument; (iv) The name of the person and firm taking the reading; (v) The name of the person and firm analyzing the seismographic record; and (vi) The vibration level or airblast level, or both, recorded; (P) The reasons and conditions for each unscheduled blast; and (Q) The reasons and conditions for any blast conducted before sunrise or after sunset. (b) (1) The records required by subsection (a) of this section shall be maintained at the mine where the blast was conducted or at the regular business location of the owner or operator. (2) Copies of the records required by subsection (a) of this section shall be maintained by the contractor. Amended by Act 2019, No. 910,§ 5489, eff. 7/1/2019. Acts 1995, No. 814, § 8.

(a) (1) The owner or operator shall retain a record of all blasts for at least three (3) years. (2) Upon request, copies of these records shall be made available to the Division of Labor for inspection. (3) The records shall contain the following data: (A) The name of the operator or contractor conducting the blast; (B) The location, date, and time of the blast; (C) The name and signature and the state certification number of the blaster conducting the blast; (D) The identification and direction and distance, in feet, from the nearest blast hole to the nearest structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of the mine which is owned or leased by a person other than the mine owner or operator; (E) The weather conditions, including those which may cause possible adverse blasting effects; (F) The type of material blasted; (G) The sketches of the blast pattern, including number of holes, burden, spacing, decks, and delay pattern; (H) The diameter and depth of the holes; (I) The types of explosives used; (J) The total weight of explosives used per hole; (K) The maximum weight of explosives detonated in an eight-millisecond period; (L) The initiation system; (M) The type and length of stemming; (N) The mats or other protection used; (O) The seismographic and airblast records, if required, which shall include: (i) The type of instrument, the sensitivity, and the calibration signal or certification of annual calibration; (ii) The exact location of the instrument and the date, time, and distance from the blast; (iii) The name of the person and firm who set up the instrument; (iv) The name of the person and firm taking the reading; (v) The name of the person and firm analyzing the seismographic record; and (vi) The vibration level or airblast level, or both, recorded; (P) The reasons and conditions for each unscheduled blast; and (Q) The reasons and conditions for any blast conducted before sunrise or after sunset.

(1) The owner or operator shall retain a record of all blasts for at least three (3) years.

(2) Upon request, copies of these records shall be made available to the Division of Labor for inspection.

(3) The records shall contain the following data: (A) The name of the operator or contractor conducting the blast; (B) The location, date, and time of the blast; (C) The name and signature and the state certification number of the blaster conducting the blast; (D) The identification and direction and distance, in feet, from the nearest blast hole to the nearest structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of the mine which is owned or leased by a person other than the mine owner or operator; (E) The weather conditions, including those which may cause possible adverse blasting effects; (F) The type of material blasted; (G) The sketches of the blast pattern, including number of holes, burden, spacing, decks, and delay pattern; (H) The diameter and depth of the holes; (I) The types of explosives used; (J) The total weight of explosives used per hole; (K) The maximum weight of explosives detonated in an eight-millisecond period; (L) The initiation system; (M) The type and length of stemming; (N) The mats or other protection used; (O) The seismographic and airblast records, if required, which shall include: (i) The type of instrument, the sensitivity, and the calibration signal or certification of annual calibration; (ii) The exact location of the instrument and the date, time, and distance from the blast; (iii) The name of the person and firm who set up the instrument; (iv) The name of the person and firm taking the reading; (v) The name of the person and firm analyzing the seismographic record; and (vi) The vibration level or airblast level, or both, recorded; (P) The reasons and conditions for each unscheduled blast; and (Q) The reasons and conditions for any blast conducted before sunrise or after sunset.

(A) The name of the operator or contractor conducting the blast;

(B) The location, date, and time of the blast;

(C) The name and signature and the state certification number of the blaster conducting the blast;

(D) The identification and direction and distance, in feet, from the nearest blast hole to the nearest structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of the mine which is owned or leased by a person other than the mine owner or operator;

(E) The weather conditions, including those which may cause possible adverse blasting effects;

(F) The type of material blasted;

(G) The sketches of the blast pattern, including number of holes, burden, spacing, decks, and delay pattern;

(H) The diameter and depth of the holes;

(I) The types of explosives used;

(J) The total weight of explosives used per hole;

(K) The maximum weight of explosives detonated in an eight-millisecond period;

(L) The initiation system;

(M) The type and length of stemming;

(N) The mats or other protection used;

(O) The seismographic and airblast records, if required, which shall include: (i) The type of instrument, the sensitivity, and the calibration signal or certification of annual calibration; (ii) The exact location of the instrument and the date, time, and distance from the blast; (iii) The name of the person and firm who set up the instrument; (iv) The name of the person and firm taking the reading; (v) The name of the person and firm analyzing the seismographic record; and (vi) The vibration level or airblast level, or both, recorded;

(i) The type of instrument, the sensitivity, and the calibration signal or certification of annual calibration;

(ii) The exact location of the instrument and the date, time, and distance from the blast;

(iii) The name of the person and firm who set up the instrument;

(iv) The name of the person and firm taking the reading;

(v) The name of the person and firm analyzing the seismographic record; and

(vi) The vibration level or airblast level, or both, recorded;

(P) The reasons and conditions for each unscheduled blast; and

(Q) The reasons and conditions for any blast conducted before sunrise or after sunset.

(b) (1) The records required by subsection (a) of this section shall be maintained at the mine where the blast was conducted or at the regular business location of the owner or operator. (2) Copies of the records required by subsection (a) of this section shall be maintained by the contractor.

(1) The records required by subsection (a) of this section shall be maintained at the mine where the blast was conducted or at the regular business location of the owner or operator.

(2) Copies of the records required by subsection (a) of this section shall be maintained by the contractor.

Amended by Act 2019, No. 910,§ 5489, eff. 7/1/2019.

Acts 1995, No. 814, § 8.