Ark. Code Ann. § 20-22-810 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-810
Legislative purpose and intent
Status: in_force

(a) The General Assembly finds that: (1) The specialized and hazardous nature of firefighting requires that firefighters possess the requisite knowledge and demonstrate the ability to perform certain skills to carry our their responsibilities; and (2) The activities of firefighters are important to the health, safety, and welfare of the people of this state. (b) It is the intent of the General Assembly to require minimum standards for training for entry level, full-time firefighters. Acts 2003, No. 1396, § 2.

(a) The General Assembly finds that: (1) The specialized and hazardous nature of firefighting requires that firefighters possess the requisite knowledge and demonstrate the ability to perform certain skills to carry our their responsibilities; and (2) The activities of firefighters are important to the health, safety, and welfare of the people of this state.

(1) The specialized and hazardous nature of firefighting requires that firefighters possess the requisite knowledge and demonstrate the ability to perform certain skills to carry our their responsibilities; and

(2) The activities of firefighters are important to the health, safety, and welfare of the people of this state.

(b) It is the intent of the General Assembly to require minimum standards for training for entry level, full-time firefighters.

Acts 2003, No. 1396, § 2.
Ark. Code Ann. § 20-14-808 — AR Code / Title 20 / Chapter 14 / Subchapter 8 / Section 20-14-808
Prohibitions
Status: in_force

(a) Except as provided in subsection (b) of this section, it is unlawful for an individual to use the title "licensed qualified interpreter" or "licensed provisional interpreter" or to hold himself or herself out as an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf unless the individual using the title holds a license under this subchapter. (b) Subsection (a) of this section does not apply to: (1) A person who interprets for an individual who is deaf, deafblind, hard of hearing, or oral deaf during a religious service; (2) A nonresident interpreter who holds a credential or a certificate valid in another state who interprets in Arkansas less than twenty (20) days per year; (3) A person who interprets during an emergency; or (4) A person who is an interpreter intern or a student in training who is: (A) Enrolled in and pursuing a degree in interpreting at an accredited institution of higher education; or (B) Interpreting under the supervision of a licensed qualified interpreter as part of a supervised program of study. Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.

(a) Except as provided in subsection (b) of this section, it is unlawful for an individual to use the title "licensed qualified interpreter" or "licensed provisional interpreter" or to hold himself or herself out as an interpreter between a hearing individual and an individual who is deaf, deafblind, hard of hearing, or oral deaf unless the individual using the title holds a license under this subchapter.

(b) Subsection (a) of this section does not apply to: (1) A person who interprets for an individual who is deaf, deafblind, hard of hearing, or oral deaf during a religious service; (2) A nonresident interpreter who holds a credential or a certificate valid in another state who interprets in Arkansas less than twenty (20) days per year; (3) A person who interprets during an emergency; or (4) A person who is an interpreter intern or a student in training who is: (A) Enrolled in and pursuing a degree in interpreting at an accredited institution of higher education; or (B) Interpreting under the supervision of a licensed qualified interpreter as part of a supervised program of study.

(1) A person who interprets for an individual who is deaf, deafblind, hard of hearing, or oral deaf during a religious service;

(2) A nonresident interpreter who holds a credential or a certificate valid in another state who interprets in Arkansas less than twenty (20) days per year;

(3) A person who interprets during an emergency; or

(4) A person who is an interpreter intern or a student in training who is: (A) Enrolled in and pursuing a degree in interpreting at an accredited institution of higher education; or (B) Interpreting under the supervision of a licensed qualified interpreter as part of a supervised program of study.

(A) Enrolled in and pursuing a degree in interpreting at an accredited institution of higher education; or

(B) Interpreting under the supervision of a licensed qualified interpreter as part of a supervised program of study.

Added by Act 2013, No. 1314,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-32-107 — AR Code / Title 20 / Chapter 32 / Section 20-32-107
License to transport, treat, or dispose
Status: in_force

(a) No person may transport, treat, or dispose of commercial medical waste without first obtaining an operating license from the Department of Health. (b) The treater or disposer, or transporter shall submit an application for an operating license and an application fee of two hundred fifty dollars ($250). (c) Upon issuance of the operating license, the treater or disposer, or transporter shall pay a license fee of no more than five dollars ($5.00) per ton. (d) The department shall issue operating licenses for a period of one (1) year. (e) (1) If the treater or disposer, or transporter has a history of noncompliance with any law, rule, or regulation of this state or any other jurisdiction, particularly those laws, rules, or regulations pertaining to the environment and the protection of the health and safety of the public, the department may refuse to issue an operating license. (2) If a history of noncompliance is discovered after the operating license has been issued, the department may revoke the license. Amended by Act 2019, No. 315,§ 2138, eff. 7/24/2019. Acts 1992 (1st Ex. Sess.), No. 41, § 3; 1993, No. 491, § 4; 1993, No. 861, § 4.

(a) No person may transport, treat, or dispose of commercial medical waste without first obtaining an operating license from the Department of Health.

(b) The treater or disposer, or transporter shall submit an application for an operating license and an application fee of two hundred fifty dollars ($250).

(c) Upon issuance of the operating license, the treater or disposer, or transporter shall pay a license fee of no more than five dollars ($5.00) per ton.

(d) The department shall issue operating licenses for a period of one (1) year.

(e) (1) If the treater or disposer, or transporter has a history of noncompliance with any law, rule, or regulation of this state or any other jurisdiction, particularly those laws, rules, or regulations pertaining to the environment and the protection of the health and safety of the public, the department may refuse to issue an operating license. (2) If a history of noncompliance is discovered after the operating license has been issued, the department may revoke the license.

(1) If the treater or disposer, or transporter has a history of noncompliance with any law, rule, or regulation of this state or any other jurisdiction, particularly those laws, rules, or regulations pertaining to the environment and the protection of the health and safety of the public, the department may refuse to issue an operating license.

(2) If a history of noncompliance is discovered after the operating license has been issued, the department may revoke the license.

Amended by Act 2019, No. 315,§ 2138, eff. 7/24/2019.

Acts 1992 (1st Ex. Sess.), No. 41, § 3; 1993, No. 491, § 4; 1993, No. 861, § 4.
Ark. Code Ann. § 20-17-1208 — AR Code / Title 20 / Chapter 17 / Subchapter 12 / Section 20-17-1208
Preclusive effect of anatomical gift, amendment, or revocation
Status: in_force

(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under § 20-17-1205 or an amendment to an anatomical gift of the donor's body or part under § 20-17-1206 . (b) A donor's revocation of an anatomical gift of the donor's body or part under § 20-17-1206 is not a refusal and does not bar another person specified in § 20-17-1204 or § 20-17-1209 from making an anatomical gift of the donor's body or part under § 20-17-1205 or § 20-17-1210 . (c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under § 20-17-1205 or an amendment to an anatomical gift of the donor's body or part under § 20-17-1206 , another person may not make, amend, or revoke the gift of the donor's body or part under § 20-17-1210 . (d) A revocation of an anatomical gift of a donor's body or part under § 20-17-1206 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 20-17-1205 or § 20-17-1210 . (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 20-17-1204 , an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 20-17-1204 , an anatomical gift of a part for one or more of the purposes set forth in § 20-17-1204 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under § 20-17-1205 or § 20-17-1210 . (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part. (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal. Acts 2007, No. 839, § 1.

(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under § 20-17-1205 or an amendment to an anatomical gift of the donor's body or part under § 20-17-1206 .

(b) A donor's revocation of an anatomical gift of the donor's body or part under § 20-17-1206 is not a refusal and does not bar another person specified in § 20-17-1204 or § 20-17-1209 from making an anatomical gift of the donor's body or part under § 20-17-1205 or § 20-17-1210 .

(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under § 20-17-1205 or an amendment to an anatomical gift of the donor's body or part under § 20-17-1206 , another person may not make, amend, or revoke the gift of the donor's body or part under § 20-17-1210 .

(d) A revocation of an anatomical gift of a donor's body or part under § 20-17-1206 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 20-17-1205 or § 20-17-1210 .

(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 20-17-1204 , an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 20-17-1204 , an anatomical gift of a part for one or more of the purposes set forth in § 20-17-1204 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under § 20-17-1205 or § 20-17-1210 .

(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.

(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

Acts 2007, No. 839, § 1.
Ark. Code Ann. § 20-64-204 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-204
Qualification for licenses
Status: in_force

No license shall be issued under § 20-64-203 unless and until the applicant therefor has furnished proof satisfactory to the Secretary of the Department of Health: (a) That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character; (b) That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application. No license shall be granted to any person who has within five (5) years been convicted of a willful violation of any law of the United States, or of any state, relating to opium, coca leaves, or other narcotic drugs, or to any person who is a narcotic drug addict. The secretary may suspend or revoke any license for cause. Amended by Act 2019, No. 910,§ 5091, eff. 7/1/2019. Acts 1937, No. 344, § 4; Pope's Dig., § 10129; A.S.A. 1947, § 82-1004.

No license shall be issued under § 20-64-203 unless and until the applicant therefor has furnished proof satisfactory to the Secretary of the Department of Health:

(a) That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character;

(b) That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application.

No license shall be granted to any person who has within five (5) years been convicted of a willful violation of any law of the United States, or of any state, relating to opium, coca leaves, or other narcotic drugs, or to any person who is a narcotic drug addict.

The secretary may suspend or revoke any license for cause.

Amended by Act 2019, No. 910,§ 5091, eff. 7/1/2019.

Acts 1937, No. 344, § 4; Pope's Dig., § 10129; A.S.A. 1947, § 82-1004.
Ark. Code Ann. § 20-58-210 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-210
Refrigeration of eggs - Temperature and labeling requirements
Status: in_force

(a) All shell eggs packed in containers for the purpose of resale to consumers shall be stored and transported under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F). (b) All shell eggs that are packed into containers for the purpose of resale to the consumer shall be labeled with the following statement: "Keep refrigerated at or below 45 degrees Fahrenheit". (c) Every person, firm, or corporation selling eggs for the purpose of resale to the consumer must store and transport shell eggs under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F), and all containers of eggs must be labeled with the following statement: "Keep refrigerated at or below 45 degrees Fahrenheit". This includes retailers, institutional users, dealer-wholesalers, food handlers, transportation firms, or any person who delivers to the retail or consuming trade. (d) Packers shall not be responsible for the interior quality of eggs unless all recommended handling procedures in this section are followed by all parties after the sale of the eggs by the packer. (e) (1) Every person, firm, or corporation selling eggs for the purpose of direct delivery to the consumer shall, during delivery, maintain eggs at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F). (2) Eggs shall be delivered to the consumer dry and not saturated in melted ice water. Amended by Act 2023, No. 598,§ 6, eff. 8/1/2023. Acts 1969, No. 220, § 15; A.S.A. 1947, § 82-1316; Acts 1993, No. 115, § 2.

(a) All shell eggs packed in containers for the purpose of resale to consumers shall be stored and transported under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F).

(b) All shell eggs that are packed into containers for the purpose of resale to the consumer shall be labeled with the following statement: "Keep refrigerated at or below 45 degrees Fahrenheit".

(c) Every person, firm, or corporation selling eggs for the purpose of resale to the consumer must store and transport shell eggs under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F), and all containers of eggs must be labeled with the following statement: "Keep refrigerated at or below 45 degrees Fahrenheit". This includes retailers, institutional users, dealer-wholesalers, food handlers, transportation firms, or any person who delivers to the retail or consuming trade.

(d) Packers shall not be responsible for the interior quality of eggs unless all recommended handling procedures in this section are followed by all parties after the sale of the eggs by the packer.

(e) (1) Every person, firm, or corporation selling eggs for the purpose of direct delivery to the consumer shall, during delivery, maintain eggs at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F). (2) Eggs shall be delivered to the consumer dry and not saturated in melted ice water.

(1) Every person, firm, or corporation selling eggs for the purpose of direct delivery to the consumer shall, during delivery, maintain eggs at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F).

(2) Eggs shall be delivered to the consumer dry and not saturated in melted ice water.

Amended by Act 2023, No. 598,§ 6, eff. 8/1/2023.

Acts 1969, No. 220, § 15; A.S.A. 1947, § 82-1316; Acts 1993, No. 115, § 2.
Ark. Code Ann. § 20-46-107 — AR Code / Title 20 / Chapter 46 / Subchapter 1 / Section 20-46-107
Colocation for outpatient behavioral healthcare agencies - Legislative findings
Status: in_force

(a) The General Assembly finds that: (1) Sites for outpatient behavioral healthcare agencies have been prohibited from being adjunct to or colocated with nonbehavioral healthcare services or facilities; (2) Integrated care is a best practice and should be the standard set in this state; and (3) It would be advantageous for a client's health if outpatient behavioral health services were colocated with primary care services or facilities. (b) Outpatient behavioral healthcare agencies may be certified when adjunct to or colocated with nonbehavioral healthcare services or facilities such as a school, a daycare facility, a long-term care facility, or the office or clinic of a physician or psychologist. Added by Act 2021, No. 760,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) Sites for outpatient behavioral healthcare agencies have been prohibited from being adjunct to or colocated with nonbehavioral healthcare services or facilities; (2) Integrated care is a best practice and should be the standard set in this state; and (3) It would be advantageous for a client's health if outpatient behavioral health services were colocated with primary care services or facilities.

(1) Sites for outpatient behavioral healthcare agencies have been prohibited from being adjunct to or colocated with nonbehavioral healthcare services or facilities;

(2) Integrated care is a best practice and should be the standard set in this state; and

(3) It would be advantageous for a client's health if outpatient behavioral health services were colocated with primary care services or facilities.

(b) Outpatient behavioral healthcare agencies may be certified when adjunct to or colocated with nonbehavioral healthcare services or facilities such as a school, a daycare facility, a long-term care facility, or the office or clinic of a physician or psychologist.

Added by Act 2021, No. 760,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-59-238 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-238
Unlawful acts - Labeling of renovated butter
Status: in_force

It shall be unlawful to sell, offer for sale, or store renovated or process butter without labeling the product with the words "RENOVATED BUTTER" on the outside of the carton, wrap, or container in which it is placed for final sale in letters at least as large as any other printing on the carton, wrap, or container. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to sell, offer for sale, or store renovated or process butter without labeling the product with the words "RENOVATED BUTTER" on the outside of the carton, wrap, or container in which it is placed for final sale in letters at least as large as any other printing on the carton, wrap, or container.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-10-1501 — AR Code / Title 20 / Chapter 10 / Subchapter 15 / Section 20-10-1501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Alzheimer's Special Care Standards Act". Acts 1999, No. 484, § 1.

This subchapter shall be known and may be cited as the "Alzheimer's Special Care Standards Act".

Acts 1999, No. 484, § 1.
Ark. Code Ann. § 20-13-907 — AR Code / Title 20 / Chapter 13 / Subchapter 9 / Section 20-13-907
Reciprocity
Status: in_force

(a) An advance directive executed in another state shall be deemed to be validly executed for the purposes of this subchapter if executed in compliance with the laws of the State of Arkansas or the laws of the state where executed. (b) Such advance directives shall be construed in accordance with the laws of the State of Arkansas. Acts 1993, No. 1101, § 7.

(a) An advance directive executed in another state shall be deemed to be validly executed for the purposes of this subchapter if executed in compliance with the laws of the State of Arkansas or the laws of the state where executed.

(b) Such advance directives shall be construed in accordance with the laws of the State of Arkansas.

Acts 1993, No. 1101, § 7.
Ark. Code Ann. § 20-77-909 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-909
Injunctions against fraud
Status: in_force

(a) (1) Whenever it appears that any person is engaged in or intends to engage in the transfer, conversion, or destruction of assets, records, or property in an effort to avoid detection of violations of this subchapter or avoid paying restitution, fines, and civil penalties owed under this subchapter or the Medicaid Fraud Act, § 5-55-101 et seq., the Attorney General may apply to the Pulaski County Circuit Court, or to the court in which the records or property are located, to seize and impound the property. (2) The application for an ex parte order shall be in writing, furnish a reasonable basis for the granting of the proposed order, and demonstrate that an emergency exists that would support the granting of the motion. (b) (1) If the order is granted, the respondent shall be notified of the order seizing and impounding his or her property immediately after the seizure, or as soon as is reasonably practicable. If, after diligent inquiry, the respondent cannot be located, notice under this subsection may be accomplished by leaving a copy of the order at his or her dwelling house or usual place of abode with some person residing therein who is at least eighteen (18) years of age, or by delivering a copy of the order to a representative at the respondent's place of business who is at least eighteen (18) years of age. (2) If the order is granted, the respondent shall be granted a hearing no later than five (5) days after being notified of the property's seizure for the purpose of determining whether the order should be continued. (3) (A) If the court finds the assets or funds can be preserved without physical seizure, the court may order a constructive seizure by entering an order directing the defendant or third-party financial institution to freeze or forgo further transfer of the assets or funds. (B) The court may fashion the constructive seizure in any manner reasonably necessary to protect and preserve the assets or funds pending the resolution of related civil and criminal cases. (c) The burden at all stages of the proceeding shall be upon the state to prove by a preponderance of the evidence the necessity of the order of seizure. Amended by Act 2019, No. 916,§ 12, eff. 7/24/2019. Acts 1993, No. 1299, § 10; 1995, No. 984, § 1.

(a) (1) Whenever it appears that any person is engaged in or intends to engage in the transfer, conversion, or destruction of assets, records, or property in an effort to avoid detection of violations of this subchapter or avoid paying restitution, fines, and civil penalties owed under this subchapter or the Medicaid Fraud Act, § 5-55-101 et seq., the Attorney General may apply to the Pulaski County Circuit Court, or to the court in which the records or property are located, to seize and impound the property. (2) The application for an ex parte order shall be in writing, furnish a reasonable basis for the granting of the proposed order, and demonstrate that an emergency exists that would support the granting of the motion.

(1) Whenever it appears that any person is engaged in or intends to engage in the transfer, conversion, or destruction of assets, records, or property in an effort to avoid detection of violations of this subchapter or avoid paying restitution, fines, and civil penalties owed under this subchapter or the Medicaid Fraud Act, § 5-55-101 et seq., the Attorney General may apply to the Pulaski County Circuit Court, or to the court in which the records or property are located, to seize and impound the property.

(2) The application for an ex parte order shall be in writing, furnish a reasonable basis for the granting of the proposed order, and demonstrate that an emergency exists that would support the granting of the motion.

(b) (1) If the order is granted, the respondent shall be notified of the order seizing and impounding his or her property immediately after the seizure, or as soon as is reasonably practicable. If, after diligent inquiry, the respondent cannot be located, notice under this subsection may be accomplished by leaving a copy of the order at his or her dwelling house or usual place of abode with some person residing therein who is at least eighteen (18) years of age, or by delivering a copy of the order to a representative at the respondent's place of business who is at least eighteen (18) years of age. (2) If the order is granted, the respondent shall be granted a hearing no later than five (5) days after being notified of the property's seizure for the purpose of determining whether the order should be continued. (3) (A) If the court finds the assets or funds can be preserved without physical seizure, the court may order a constructive seizure by entering an order directing the defendant or third-party financial institution to freeze or forgo further transfer of the assets or funds. (B) The court may fashion the constructive seizure in any manner reasonably necessary to protect and preserve the assets or funds pending the resolution of related civil and criminal cases.

(1) If the order is granted, the respondent shall be notified of the order seizing and impounding his or her property immediately after the seizure, or as soon as is reasonably practicable. If, after diligent inquiry, the respondent cannot be located, notice under this subsection may be accomplished by leaving a copy of the order at his or her dwelling house or usual place of abode with some person residing therein who is at least eighteen (18) years of age, or by delivering a copy of the order to a representative at the respondent's place of business who is at least eighteen (18) years of age.

(2) If the order is granted, the respondent shall be granted a hearing no later than five (5) days after being notified of the property's seizure for the purpose of determining whether the order should be continued.

(3) (A) If the court finds the assets or funds can be preserved without physical seizure, the court may order a constructive seizure by entering an order directing the defendant or third-party financial institution to freeze or forgo further transfer of the assets or funds. (B) The court may fashion the constructive seizure in any manner reasonably necessary to protect and preserve the assets or funds pending the resolution of related civil and criminal cases.

(A) If the court finds the assets or funds can be preserved without physical seizure, the court may order a constructive seizure by entering an order directing the defendant or third-party financial institution to freeze or forgo further transfer of the assets or funds.

(B) The court may fashion the constructive seizure in any manner reasonably necessary to protect and preserve the assets or funds pending the resolution of related civil and criminal cases.

(c) The burden at all stages of the proceeding shall be upon the state to prove by a preponderance of the evidence the necessity of the order of seizure.

Amended by Act 2019, No. 916,§ 12, eff. 7/24/2019.

Acts 1993, No. 1299, § 10; 1995, No. 984, § 1.
Ark. Code Ann. § 20-35-102 — AR Code / Title 20 / Chapter 35 / Section 20-35-102
Definition
Status: in_force

As used in this chapter, "genetic research study or studies" means those genetic research studies approved by an institutional review board as defined in 21 C.F.R., Part 50, as it existed on January 1, 2001, or conducted subject to the requirements of the federal common rule at 21 C.F.R., Part 50 and Part 56, and 45 C.F.R., Part 46, as it existed on January 1, 2001. Acts 2001, No. 1251, § 2; 2005, No. 1962, § 90.

As used in this chapter, "genetic research study or studies" means those genetic research studies approved by an institutional review board as defined in 21 C.F.R., Part 50, as it existed on January 1, 2001, or conducted subject to the requirements of the federal common rule at 21 C.F.R., Part 50 and Part 56, and 45 C.F.R., Part 46, as it existed on January 1, 2001.

Acts 2001, No. 1251, § 2; 2005, No. 1962, § 90.
Ark. Code Ann. § 20-9-207 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-207
Construction program - Federal funds for surveying and planning
Status: in_force

(a) The State Board of Health may make application to the United States Surgeon General for and receive federal funds to assist in carrying out the survey and planning activities provided in § 20-9-206(a) and § 20-10-217(a) . (b) The funds shall be deposited with the Treasurer of State as a trust fund designated the "Hospital and Medical Facility Survey and Planning Fund", which shall be kept separate and apart from all public funds of the state and shall be available to the Department of Health for expenditure in carrying out the survey and planning activities provided. (c) Any funds received and not expended for such purposes shall be repaid to the United States Treasury. (d) Warrants for all payments from the fund shall bear the signature of the Secretary of the Department of Health or his or her agent. Amended by Act 2019, No. 910,§ 4970, eff. 7/1/2019. Acts 1961, No. 414, § 11; A.S.A. 1947, § 82-337.

(a) The State Board of Health may make application to the United States Surgeon General for and receive federal funds to assist in carrying out the survey and planning activities provided in § 20-9-206(a) and § 20-10-217(a) .

(b) The funds shall be deposited with the Treasurer of State as a trust fund designated the "Hospital and Medical Facility Survey and Planning Fund", which shall be kept separate and apart from all public funds of the state and shall be available to the Department of Health for expenditure in carrying out the survey and planning activities provided.

(c) Any funds received and not expended for such purposes shall be repaid to the United States Treasury.

(d) Warrants for all payments from the fund shall bear the signature of the Secretary of the Department of Health or his or her agent.

Amended by Act 2019, No. 910,§ 4970, eff. 7/1/2019.

Acts 1961, No. 414, § 11; A.S.A. 1947, § 82-337.
Ark. Code Ann. § 20-27-1902 — AR Code / Title 20 / Chapter 27 / Subchapter 19 / Section 20-27-1902
Definition
Status: in_force

As used in this subchapter, "motor vehicle" means any motor vehicle, except a school bus, a church bus, or other public conveyance, that is required by federal or state law, rule, or regulation to be equipped with a passenger restraint system. Amended by Act 2019, No. 315,§ 2123, eff. 7/24/2019. Acts 2006 (1st Ex. Sess.), No. 13, § 2.

As used in this subchapter, "motor vehicle" means any motor vehicle, except a school bus, a church bus, or other public conveyance, that is required by federal or state law, rule, or regulation to be equipped with a passenger restraint system.

Amended by Act 2019, No. 315,§ 2123, eff. 7/24/2019.

Acts 2006 (1st Ex. Sess.), No. 13, § 2.
Ark. Code Ann. § 20-13-502 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-502
Purpose of program
Status: in_force

The purpose of this subchapter shall be to implement a statewide emergency poison control-drug information-toxicological laboratory services program (PC-DI-TL) designed and structured to deliver, on a twenty-four-hour coverage basis, reliable, accurate, qualified professional judgments and responses to requests for emergency poison control-drug information data and toxicological laboratory services, such services to include, but not be limited to, analysis of blood, urine, vomitus, and gastric lavage for substance identification purposes. Acts 1975, No. 600, § 2; A.S.A. 1947, § 82-3502.

The purpose of this subchapter shall be to implement a statewide emergency poison control-drug information-toxicological laboratory services program (PC-DI-TL) designed and structured to deliver, on a twenty-four-hour coverage basis, reliable, accurate, qualified professional judgments and responses to requests for emergency poison control-drug information data and toxicological laboratory services, such services to include, but not be limited to, analysis of blood, urine, vomitus, and gastric lavage for substance identification purposes.

Acts 1975, No. 600, § 2; A.S.A. 1947, § 82-3502.
Ark. Code Ann. § 20-16-1105 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1105
Printed information
Status: in_force

(a) (1) (A) The Department of Health shall publish in English and in each language that is the primary language of two percent (2%) or more of the state's population printed materials with the following statement concerning unborn children of twenty (20) weeks gestational age or more: "By twenty (20) weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by twenty (20) weeks gestation unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are twenty (20) weeks gestational age or more who undergo prenatal surgery." (B) The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the human fetus at the various gestational ages. (2) The department shall make the materials available on the department's website. (3) The materials referred to in subdivision (a)(1) of this section shall be printed in a typeface large enough to be clearly legible. (b) (1) The department's website shall be maintained at a minimum resolution of seventy-two dots per inch (72 dpi). (2) All pictures appearing on the website shall be a minimum of two hundred by three hundred (200 X 300) pixels. (3) All letters on the website shall be presented in a minimum of 11-point type. (4) All information and pictures shall be accessible with an industry-standard browser that requires no additional plug-ins. (c) Upon request, the department shall make available to any person, facility, or hospital at no cost and in appropriate numbers the materials required under this section. Acts 2005, No. 1696, § 1.

(a) (1) (A) The Department of Health shall publish in English and in each language that is the primary language of two percent (2%) or more of the state's population printed materials with the following statement concerning unborn children of twenty (20) weeks gestational age or more: "By twenty (20) weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by twenty (20) weeks gestation unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are twenty (20) weeks gestational age or more who undergo prenatal surgery." (B) The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the human fetus at the various gestational ages. (2) The department shall make the materials available on the department's website. (3) The materials referred to in subdivision (a)(1) of this section shall be printed in a typeface large enough to be clearly legible.

(1) (A) The Department of Health shall publish in English and in each language that is the primary language of two percent (2%) or more of the state's population printed materials with the following statement concerning unborn children of twenty (20) weeks gestational age or more: "By twenty (20) weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by twenty (20) weeks gestation unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are twenty (20) weeks gestational age or more who undergo prenatal surgery." (B) The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the human fetus at the various gestational ages.

(A) The Department of Health shall publish in English and in each language that is the primary language of two percent (2%) or more of the state's population printed materials with the following statement concerning unborn children of twenty (20) weeks gestational age or more: "By twenty (20) weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by twenty (20) weeks gestation unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are twenty (20) weeks gestational age or more who undergo prenatal surgery."

"By twenty (20) weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by twenty (20) weeks gestation unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are twenty (20) weeks gestational age or more who undergo prenatal surgery."

(B) The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the human fetus at the various gestational ages.

(2) The department shall make the materials available on the department's website.

(3) The materials referred to in subdivision (a)(1) of this section shall be printed in a typeface large enough to be clearly legible.

(b) (1) The department's website shall be maintained at a minimum resolution of seventy-two dots per inch (72 dpi). (2) All pictures appearing on the website shall be a minimum of two hundred by three hundred (200 X 300) pixels. (3) All letters on the website shall be presented in a minimum of 11-point type. (4) All information and pictures shall be accessible with an industry-standard browser that requires no additional plug-ins.

(1) The department's website shall be maintained at a minimum resolution of seventy-two dots per inch (72 dpi).

(2) All pictures appearing on the website shall be a minimum of two hundred by three hundred (200 X 300) pixels.

(3) All letters on the website shall be presented in a minimum of 11-point type.

(4) All information and pictures shall be accessible with an industry-standard browser that requires no additional plug-ins.

(c) Upon request, the department shall make available to any person, facility, or hospital at no cost and in appropriate numbers the materials required under this section.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-9-1403 — AR Code / Title 20 / Chapter 9 / Subchapter 14 / Section 20-9-1403
Distribution of shaken baby syndrome educational materials
Status: in_force

(a) A copy of the shaken baby syndrome educational materials developed under § 20-9-1402 or comparable material shall be distributed: (1) By a child birth educator, a pediatric physician's office, or an obstetrician's office to an expectant parent who uses the services of the child birth educator or staff; (2) By a hospital or freestanding birthing center in which a child is born to the child's parent who is present at the hospital or freestanding birthing center before the child is discharged from the facility; (3) By a childcare facility to the parent with whom the child resides; and (4) By a childcare facility to each employee of the childcare facility. (b) An entity or a person required to distribute educational materials under subsection (a) of this section is not subject to civil or criminal liability for an injury, a death, or a loss to a person or property resulting from the dissemination of, or failure to disseminate, the educational materials. Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.

(a) A copy of the shaken baby syndrome educational materials developed under § 20-9-1402 or comparable material shall be distributed: (1) By a child birth educator, a pediatric physician's office, or an obstetrician's office to an expectant parent who uses the services of the child birth educator or staff; (2) By a hospital or freestanding birthing center in which a child is born to the child's parent who is present at the hospital or freestanding birthing center before the child is discharged from the facility; (3) By a childcare facility to the parent with whom the child resides; and (4) By a childcare facility to each employee of the childcare facility.

(1) By a child birth educator, a pediatric physician's office, or an obstetrician's office to an expectant parent who uses the services of the child birth educator or staff;

(2) By a hospital or freestanding birthing center in which a child is born to the child's parent who is present at the hospital or freestanding birthing center before the child is discharged from the facility;

(3) By a childcare facility to the parent with whom the child resides; and

(4) By a childcare facility to each employee of the childcare facility.

(b) An entity or a person required to distribute educational materials under subsection (a) of this section is not subject to civil or criminal liability for an injury, a death, or a loss to a person or property resulting from the dissemination of, or failure to disseminate, the educational materials.

Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 20-56-308 — AR Code / Title 20 / Chapter 56 / Subchapter 3 / Section 20-56-308
Firearm rights protections
Status: in_force

(a) The General Assembly finds that under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 5(f), a person's status as a qualifying patient or designated caregiver is confidential. (b) The Department of Health shall not disclose the identity of a person who has been issued a registry identification card to the Division of the Arkansas State Police for the purpose of facilitating a criminal history record check or any other background check related to the issuance of a license to carry a concealed handgun under § 5-73-301 et seq. (c) The Director of the Division of Arkansas State Police shall not consider a person's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant or licensee is eligible to be issued a license to carry a concealed handgun under § 5-73-301 et seq. Added by Act 2023, No. 757,§ 2, eff. 8/1/2023.

(a) The General Assembly finds that under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 5(f), a person's status as a qualifying patient or designated caregiver is confidential.

(b) The Department of Health shall not disclose the identity of a person who has been issued a registry identification card to the Division of the Arkansas State Police for the purpose of facilitating a criminal history record check or any other background check related to the issuance of a license to carry a concealed handgun under § 5-73-301 et seq.

(c) The Director of the Division of Arkansas State Police shall not consider a person's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant or licensee is eligible to be issued a license to carry a concealed handgun under § 5-73-301 et seq.

Added by Act 2023, No. 757,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 20-19-503 — AR Code / Title 20 / Chapter 19 / Subchapter 5 / Section 20-19-503
Exemptions
Status: in_force

This subchapter does not apply to: (1) Institutions accredited by the Association of Zoos and Aquariums; (2) Registered nonprofit humane societies; (3) Animal control officers or law enforcement officers acting under the authority of this subchapter; (4) Veterinary hospitals or clinics; (5) A person or organization with a United States Department of Agriculture Wildlife Exhibition Permit; (6) Employees of the Arkansas State Game and Fish Commission in the performance of their duties; (7) Persons holding a valid Arkansas State Game and Fish Commission Scientific Collection Permit applicable to a large carnivore; or (8) Persons or organizations with an Arkansas State Game and Fish Commission Wildlife Breeder/Dealer Permit. Acts 2005, No. 2226, § 1.

This subchapter does not apply to:

(1) Institutions accredited by the Association of Zoos and Aquariums;

(2) Registered nonprofit humane societies;

(3) Animal control officers or law enforcement officers acting under the authority of this subchapter;

(4) Veterinary hospitals or clinics;

(5) A person or organization with a United States Department of Agriculture Wildlife Exhibition Permit;

(6) Employees of the Arkansas State Game and Fish Commission in the performance of their duties;

(7) Persons holding a valid Arkansas State Game and Fish Commission Scientific Collection Permit applicable to a large carnivore; or

(8) Persons or organizations with an Arkansas State Game and Fish Commission Wildlife Breeder/Dealer Permit.

Acts 2005, No. 2226, § 1.
Ark. Code Ann. § 20-47-211 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-211
Notification of rights
Status: in_force

Along with the copy of the petition and the copy of the order directing appearance for an initial evaluation or an order of detention, the person sought to be involuntarily admitted shall be served with a copy of the following statement of rights: (1) That he or she has the right to effective assistance of counsel, including the right to a court-appointed attorney; (2) That he or she and his or her attorney have a right to be present at all significant stages of the proceedings and at all hearings except that no attorney shall be entitled to be present upon examination of the person by the physician or any member of the treatment staff pursuant to an evaluation, whether initially or subsequently; (3) That he or she has the right to present evidence in his or her own behalf; (4) That he or she has the right to cross-examine witnesses who testify against him or her; (5) That he or she has a right to remain silent; and (6) That he or she has a right to view and copy all petitions, reports, and documents contained in the court file. Acts 1989, No. 861, § 8.

Along with the copy of the petition and the copy of the order directing appearance for an initial evaluation or an order of detention, the person sought to be involuntarily admitted shall be served with a copy of the following statement of rights:

(1) That he or she has the right to effective assistance of counsel, including the right to a court-appointed attorney;

(2) That he or she and his or her attorney have a right to be present at all significant stages of the proceedings and at all hearings except that no attorney shall be entitled to be present upon examination of the person by the physician or any member of the treatment staff pursuant to an evaluation, whether initially or subsequently;

(3) That he or she has the right to present evidence in his or her own behalf;

(4) That he or she has the right to cross-examine witnesses who testify against him or her;

(5) That he or she has a right to remain silent; and

(6) That he or she has a right to view and copy all petitions, reports, and documents contained in the court file.

Acts 1989, No. 861, § 8.
Ark. Code Ann. § 20-15-703 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-703
Involuntary examinations
Status: in_force

(a) When the state, county, or city health officer shall have reasonable grounds to believe that any person has tuberculosis in an active state or in a communicable form and who will not voluntarily seek a medical examination or treatment, the health officer may cause the person to be apprehended and detained for the necessary tests and examinations, including an approved chest X-ray, sputum examination, and other approved laboratory tests to ascertain the existence of tuberculosis. (b) If active tuberculosis is found to exist, it shall then be the duty of the health officer to make an investigation of the person to determine whether the environmental conditions of the person or the conduct of the person is suitable for proper isolation or control of the case by any type of local quarantine. Acts 1955, No. 161, § 2; 1957, No. 298, § 1; 1961, No. 171, § 1; A.S.A. 1947, § 82-612.

(a) When the state, county, or city health officer shall have reasonable grounds to believe that any person has tuberculosis in an active state or in a communicable form and who will not voluntarily seek a medical examination or treatment, the health officer may cause the person to be apprehended and detained for the necessary tests and examinations, including an approved chest X-ray, sputum examination, and other approved laboratory tests to ascertain the existence of tuberculosis.

(b) If active tuberculosis is found to exist, it shall then be the duty of the health officer to make an investigation of the person to determine whether the environmental conditions of the person or the conduct of the person is suitable for proper isolation or control of the case by any type of local quarantine.

Acts 1955, No. 161, § 2; 1957, No. 298, § 1; 1961, No. 171, § 1; A.S.A. 1947, § 82-612.
Ark. Code Ann. § 20-13-1701 — AR Code / Title 20 / Chapter 13 / Subchapter 17 / Section 20-13-1701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Joshua Ashley-Pauley Act". Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Joshua Ashley-Pauley Act".

Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-77-501 — AR Code / Title 20 / Chapter 77 / Subchapter 5 / Section 20-77-501
Definition
Status: in_force

For the purpose of this subchapter, unless the context otherwise requires, the term "ocular practitioner" shall include all persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and all persons licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq., and none other. Acts 1973, No. 10, § 3; A.S.A. 1947, § 83-1003.

For the purpose of this subchapter, unless the context otherwise requires, the term "ocular practitioner" shall include all persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and all persons licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq., and none other.

Acts 1973, No. 10, § 3; A.S.A. 1947, § 83-1003.
Ark. Code Ann. § 20-77-1302 — AR Code / Title 20 / Chapter 77 / Subchapter 13 / Section 20-77-1302
Legislative intent and purpose
Status: in_force

(a) This subchapter is enacted to combat and prevent fraud and abuse committed by some healthcare providers participating in the medical assistance programs and by other persons and to negate the adverse effects those activities have on fiscal and programmatic integrity. The administrative sanctions imposed pursuant to this subchapter are intended to be in addition to those provided for in the Medicaid Fraud Act, § 5-55-101 et seq., and the Medicaid Fraud False Claims Act, § 20-77-901 et seq., and any proceeding brought hereunder shall not be a bar or defense to actions brought pursuant to these or other acts. (b) The General Assembly intends to provide the Secretary of the Department of Human Services with the ability, authority, and resources to pursue administrative sanctions and liquidated damages to protect the fiscal and programmatic integrity of the medical assistance programs from healthcare providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this subchapter in order to obtain payments to which these healthcare providers or persons are not entitled. Amended by Act 2019, No. 910,§ 5230, eff. 7/1/2019. Acts 1999, No. 1544, § 2.

(a) This subchapter is enacted to combat and prevent fraud and abuse committed by some healthcare providers participating in the medical assistance programs and by other persons and to negate the adverse effects those activities have on fiscal and programmatic integrity. The administrative sanctions imposed pursuant to this subchapter are intended to be in addition to those provided for in the Medicaid Fraud Act, § 5-55-101 et seq., and the Medicaid Fraud False Claims Act, § 20-77-901 et seq., and any proceeding brought hereunder shall not be a bar or defense to actions brought pursuant to these or other acts.

(b) The General Assembly intends to provide the Secretary of the Department of Human Services with the ability, authority, and resources to pursue administrative sanctions and liquidated damages to protect the fiscal and programmatic integrity of the medical assistance programs from healthcare providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this subchapter in order to obtain payments to which these healthcare providers or persons are not entitled.

Amended by Act 2019, No. 910,§ 5230, eff. 7/1/2019.

Acts 1999, No. 1544, § 2.
Ark. Code Ann. § 20-10-1907 — AR Code / Title 20 / Chapter 10 / Subchapter 19 / Section 20-10-1907
Informal dispute resolution hearing - Conduct
Status: in_force

(a) Unless the long-term care facility chooses another order of presentation of arguments: (1) The Department of Human Services shall present the initial arguments at the hearing; and (2) After the Department of Human Services completes its arguments, the long-term care facility shall present its arguments. (b) (1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties: (A) The appropriate time needed for each presentation of information and argument; and (B) The sequence and appropriate time for each rebuttal argument. (2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties. (c) (1) Rules of evidence or procedure shall not apply except as provided in this section. (2) The impartial decision maker may: (A) Accept any information that the impartial decision maker deems material to the issue being presented; and (B) Reject any information that the impartial decision maker deems immaterial to the issue being presented. (d) (1) The hearing may not be recorded. (2) However, the impartial decision maker may make written or recorded notes of the arguments. (e) Only employees of the long-term care facility, attending physicians of residents of the long-term care facility at the time of the deficiency, pharmacists providing medications to residents of the long-term care facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the long-term care facility or by the medical director of the long-term care facility may appear or participate at the hearing for or on the behalf of the long-term care facility. (f) Only employees of the Department of Human Services may appear or participate at the hearing for or on behalf of the Department of Human Services. (g) A person authorized under subsection (e) or subsection (f) of this section to participate in the hearing may present direct questions to an opposing participant during the rebuttal argument. (h) (1) Within fourteen (14) days of a final decision concerning the issues presented in the hearing and any related matters, the Department of Health shall provide the parties with a report concerning the hearing, all decisions made on the basis of the hearing, and any related matters. (2) The report required under subdivision (h)(1) of this section shall include without limitation: (A) Information concerning any change to the disputed deficiency; and (B) A listing of each specific item of the deficiency and all changes made to the deficiency. (i) (1) The Department of Human Services shall compile and make available to all long-term care facilities subject to this section a quarterly report that shall include without limitation the number of informal dispute resolutions during the previous quarter that were: (A) Heard; (B) Decided in favor of the state agency; and (C) Decided in favor of the long-term care facility. (2) The Department of Human Services shall review the reports under subdivision (i)(1) of this section and shall: (A) Determine what patterns of sustained and overturned deficiencies exist; and (B) Evaluate the training process to address the identified patterns. (j) A party shall not be represented by an attorney. Amended by Act 2021, No. 1017,§ 21, eff. 7/28/2021. Amended by Act 2021, No. 1017,§ 20, eff. 7/28/2021. Amended by Act 2021, No. 1017,§ 19, eff. 7/28/2021. Acts 2003, No. 1108, § 1; 2011, No. 1144, § 4.

(a) Unless the long-term care facility chooses another order of presentation of arguments: (1) The Department of Human Services shall present the initial arguments at the hearing; and (2) After the Department of Human Services completes its arguments, the long-term care facility shall present its arguments.

(1) The Department of Human Services shall present the initial arguments at the hearing; and

(2) After the Department of Human Services completes its arguments, the long-term care facility shall present its arguments.

(b) (1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties: (A) The appropriate time needed for each presentation of information and argument; and (B) The sequence and appropriate time for each rebuttal argument. (2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties.

(1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties: (A) The appropriate time needed for each presentation of information and argument; and (B) The sequence and appropriate time for each rebuttal argument.

(A) The appropriate time needed for each presentation of information and argument; and

(B) The sequence and appropriate time for each rebuttal argument.

(2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties.

(c) (1) Rules of evidence or procedure shall not apply except as provided in this section. (2) The impartial decision maker may: (A) Accept any information that the impartial decision maker deems material to the issue being presented; and (B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.

(1) Rules of evidence or procedure shall not apply except as provided in this section.

(2) The impartial decision maker may: (A) Accept any information that the impartial decision maker deems material to the issue being presented; and (B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.

(A) Accept any information that the impartial decision maker deems material to the issue being presented; and

(B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.

(d) (1) The hearing may not be recorded. (2) However, the impartial decision maker may make written or recorded notes of the arguments.

(1) The hearing may not be recorded.

(2) However, the impartial decision maker may make written or recorded notes of the arguments.

(e) Only employees of the long-term care facility, attending physicians of residents of the long-term care facility at the time of the deficiency, pharmacists providing medications to residents of the long-term care facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the long-term care facility or by the medical director of the long-term care facility may appear or participate at the hearing for or on the behalf of the long-term care facility.

(f) Only employees of the Department of Human Services may appear or participate at the hearing for or on behalf of the Department of Human Services.

(g) A person authorized under subsection (e) or subsection (f) of this section to participate in the hearing may present direct questions to an opposing participant during the rebuttal argument.

(h) (1) Within fourteen (14) days of a final decision concerning the issues presented in the hearing and any related matters, the Department of Health shall provide the parties with a report concerning the hearing, all decisions made on the basis of the hearing, and any related matters. (2) The report required under subdivision (h)(1) of this section shall include without limitation: (A) Information concerning any change to the disputed deficiency; and (B) A listing of each specific item of the deficiency and all changes made to the deficiency.

(1) Within fourteen (14) days of a final decision concerning the issues presented in the hearing and any related matters, the Department of Health shall provide the parties with a report concerning the hearing, all decisions made on the basis of the hearing, and any related matters.

(2) The report required under subdivision (h)(1) of this section shall include without limitation: (A) Information concerning any change to the disputed deficiency; and (B) A listing of each specific item of the deficiency and all changes made to the deficiency.

(A) Information concerning any change to the disputed deficiency; and

(B) A listing of each specific item of the deficiency and all changes made to the deficiency.

(i) (1) The Department of Human Services shall compile and make available to all long-term care facilities subject to this section a quarterly report that shall include without limitation the number of informal dispute resolutions during the previous quarter that were: (A) Heard; (B) Decided in favor of the state agency; and (C) Decided in favor of the long-term care facility. (2) The Department of Human Services shall review the reports under subdivision (i)(1) of this section and shall: (A) Determine what patterns of sustained and overturned deficiencies exist; and (B) Evaluate the training process to address the identified patterns.

(1) The Department of Human Services shall compile and make available to all long-term care facilities subject to this section a quarterly report that shall include without limitation the number of informal dispute resolutions during the previous quarter that were: (A) Heard; (B) Decided in favor of the state agency; and (C) Decided in favor of the long-term care facility.

(A) Heard;

(B) Decided in favor of the state agency; and

(C) Decided in favor of the long-term care facility.

(2) The Department of Human Services shall review the reports under subdivision (i)(1) of this section and shall: (A) Determine what patterns of sustained and overturned deficiencies exist; and (B) Evaluate the training process to address the identified patterns.

(A) Determine what patterns of sustained and overturned deficiencies exist; and

(B) Evaluate the training process to address the identified patterns.

(j) A party shall not be represented by an attorney.

Amended by Act 2021, No. 1017,§ 21, eff. 7/28/2021.

Amended by Act 2021, No. 1017,§ 20, eff. 7/28/2021.

Amended by Act 2021, No. 1017,§ 19, eff. 7/28/2021.

Acts 2003, No. 1108, § 1; 2011, No. 1144, § 4.
Ark. Code Ann. § 20-64-402 — AR Code / Title 20 / Chapter 64 / Subchapter 4 / Section 20-64-402
Use, possession, sale, etc., prohibited - Generally
Status: in_force

It shall be unlawful for any person, except as provided in this subchapter, to use, possess, have in one's possession, sell, exchange, give or attempt to give to another, barter, or otherwise dispose of: (1) Lysergic acid; (2) LSD, which is d-lysergic acid diethylamide; (3) DMT, which is N-N-dimethyltryptamine; (4) Any compound, mixture, or preparation which is physiologically similar to any drug listed in subdivisions (1)-(3) of this section in its effect on the central nervous system; or (5) Any salt or derivative of any drug listed in subdivisions (1)-(3) of this section. Acts 1967, No. 111, § 1; A.S.A. 1947, § 82-2110.

It shall be unlawful for any person, except as provided in this subchapter, to use, possess, have in one's possession, sell, exchange, give or attempt to give to another, barter, or otherwise dispose of:

(1) Lysergic acid;

(2) LSD, which is d-lysergic acid diethylamide;

(3) DMT, which is N-N-dimethyltryptamine;

(4) Any compound, mixture, or preparation which is physiologically similar to any drug listed in subdivisions (1)-(3) of this section in its effect on the central nervous system; or

(5) Any salt or derivative of any drug listed in subdivisions (1)-(3) of this section.

Acts 1967, No. 111, § 1; A.S.A. 1947, § 82-2110.
Ark. Code Ann. § 20-22-1008 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1008
Utilization of existing services and facilities
Status: in_force

All fire services agencies of the state, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments, to the maximum extent practicable, shall utilize services, facilities, equipment, and personnel of their existing departments, offices, and agencies to carry out the provisions of this subchapter. Acts 1993, No. 1303, § 8.

All fire services agencies of the state, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments, to the maximum extent practicable, shall utilize services, facilities, equipment, and personnel of their existing departments, offices, and agencies to carry out the provisions of this subchapter.

Acts 1993, No. 1303, § 8.
Ark. Code Ann. § 20-47-1004 — AR Code / Title 20 / Chapter 47 / Subchapter 10 / Section 20-47-1004
Discrimination
Status: in_force

(a) A certified mental health professional shall: (1) Offer culturally affirmative mental health services and linguistically appropriate mental health services to a client in the client's primary communication method; and (2) Not deny access to culturally affirmative mental health services and linguistically appropriate mental health services to a client in the client's primary communication method to a client due to the client's having: (A) Residual hearing ability, whether or not supported by amplification or other hearing assistive technology; or (B) Previous experience with some other communication method. (b) This section does not: (1) Prevent a client from receiving mental health services in more than one (1) communication method; or (2) Require a client to receive culturally affirmative mental health services and linguistically appropriate mental health services. Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.

(a) A certified mental health professional shall: (1) Offer culturally affirmative mental health services and linguistically appropriate mental health services to a client in the client's primary communication method; and (2) Not deny access to culturally affirmative mental health services and linguistically appropriate mental health services to a client in the client's primary communication method to a client due to the client's having: (A) Residual hearing ability, whether or not supported by amplification or other hearing assistive technology; or (B) Previous experience with some other communication method.

(1) Offer culturally affirmative mental health services and linguistically appropriate mental health services to a client in the client's primary communication method; and

(2) Not deny access to culturally affirmative mental health services and linguistically appropriate mental health services to a client in the client's primary communication method to a client due to the client's having: (A) Residual hearing ability, whether or not supported by amplification or other hearing assistive technology; or (B) Previous experience with some other communication method.

(A) Residual hearing ability, whether or not supported by amplification or other hearing assistive technology; or

(B) Previous experience with some other communication method.

(b) This section does not: (1) Prevent a client from receiving mental health services in more than one (1) communication method; or (2) Require a client to receive culturally affirmative mental health services and linguistically appropriate mental health services.

(1) Prevent a client from receiving mental health services in more than one (1) communication method; or

(2) Require a client to receive culturally affirmative mental health services and linguistically appropriate mental health services.

Added by Act 2019, No. 644,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-6-302 — AR Code / Title 20 / Chapter 6 / Subchapter 3 / Section 20-6-302
Legislative findings
Status: in_force

The General Assembly finds that: (1) It is important for individuals to make healthcare decisions before a medical crisis or emergency occurs; (2) Healthcare planning is a process, rather than a single decision, that helps individuals think about the type of care that they would want if they become seriously ill or incapacitated, and encourages individuals to talk with their loved ones and physicians regarding their healthcare decisions; (3) An advance directive gives individuals the ability to put their wishes in writing and to identify another individual who would speak for them if they become unable to speak or make decisions for themselves; (4) The physician order for life-sustaining treatment form complements an advance directive, if existing, by taking an individual's intentions regarding life-sustaining treatment, such as the intentions set forth in an advance directive, and converting the individual's intentions into a medical order; (5) The hallmarks of a physician order for life-sustaining treatment form are that a physician order for life-sustaining treatment form: (A) Is: (i) Signed; (ii) Immediately actionable as medical orders on a standardized form; (iii) A conspicuous, clearly identifiable form; and (iv) Recognized, adopted, and honored across treatment settings; and (B) Addresses a range of life-sustaining treatment interventions as well as the patient's preferred intensity of treatment for each intervention; and (6) The physician order for life-sustaining treatment form is used only for patients with a serious illness or medical frailty when a physician would not be surprised if the patient died within one (1) year. Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.

The General Assembly finds that:

(1) It is important for individuals to make healthcare decisions before a medical crisis or emergency occurs;

(2) Healthcare planning is a process, rather than a single decision, that helps individuals think about the type of care that they would want if they become seriously ill or incapacitated, and encourages individuals to talk with their loved ones and physicians regarding their healthcare decisions;

(3) An advance directive gives individuals the ability to put their wishes in writing and to identify another individual who would speak for them if they become unable to speak or make decisions for themselves;

(4) The physician order for life-sustaining treatment form complements an advance directive, if existing, by taking an individual's intentions regarding life-sustaining treatment, such as the intentions set forth in an advance directive, and converting the individual's intentions into a medical order;

(5) The hallmarks of a physician order for life-sustaining treatment form are that a physician order for life-sustaining treatment form: (A) Is: (i) Signed; (ii) Immediately actionable as medical orders on a standardized form; (iii) A conspicuous, clearly identifiable form; and (iv) Recognized, adopted, and honored across treatment settings; and (B) Addresses a range of life-sustaining treatment interventions as well as the patient's preferred intensity of treatment for each intervention; and

(A) Is: (i) Signed; (ii) Immediately actionable as medical orders on a standardized form; (iii) A conspicuous, clearly identifiable form; and (iv) Recognized, adopted, and honored across treatment settings; and

(i) Signed;

(ii) Immediately actionable as medical orders on a standardized form;

(iii) A conspicuous, clearly identifiable form; and

(iv) Recognized, adopted, and honored across treatment settings; and

(B) Addresses a range of life-sustaining treatment interventions as well as the patient's preferred intensity of treatment for each intervention; and

(6) The physician order for life-sustaining treatment form is used only for patients with a serious illness or medical frailty when a physician would not be surprised if the patient died within one (1) year.

Added by Act 2017, No. 504,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-59-233 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-233
Unlawful acts - Place of testing or grading - Delivery to carrier in unwholesome condition
Status: in_force

It shall be unlawful for all persons collecting milk or cream on routes to do any sampling, testing, or grading en route. All sampling, testing, and grading must be done in a licensed milk or cream station or a dairy manufacturing plant. No pouring from one can to another shall be done except in a licensed milk or cream station or a dairy manufacturing plant. Only containers specifically manufactured for the handling of milk or cream shall be used. No milk or cream to be used in the manufacture of food products shall be delivered in an unwholesome condition to a carrier. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful for all persons collecting milk or cream on routes to do any sampling, testing, or grading en route. All sampling, testing, and grading must be done in a licensed milk or cream station or a dairy manufacturing plant. No pouring from one can to another shall be done except in a licensed milk or cream station or a dairy manufacturing plant. Only containers specifically manufactured for the handling of milk or cream shall be used. No milk or cream to be used in the manufacture of food products shall be delivered in an unwholesome condition to a carrier.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-22-503 — AR Code / Title 20 / Chapter 22 / Subchapter 5 / Section 20-22-503
Enforcement of fire, police, and safety rules by employee
Status: in_force

(a) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility shall employ one (1) or more persons who shall be on duty on the premises, when they are occupied, from 6:00 p.m. until 8:00 a.m. seven (7) days a week. (b) It shall be the duty of the persons to enforce all fire, police, and safety rules and to prevent entry to the premises by unauthorized persons or, if the unauthorized entry cannot be prevented, to report it to proper authorities. Amended by Act 2019, No. 315,§ 2041, eff. 7/24/2019. Acts 1971, No. 239, § 5; A.S.A. 1947, § 82-829.

(a) Every person operating any hotel, motel, apartment building, or other similar multiple-occupancy facility shall employ one (1) or more persons who shall be on duty on the premises, when they are occupied, from 6:00 p.m. until 8:00 a.m. seven (7) days a week.

(b) It shall be the duty of the persons to enforce all fire, police, and safety rules and to prevent entry to the premises by unauthorized persons or, if the unauthorized entry cannot be prevented, to report it to proper authorities.

Amended by Act 2019, No. 315,§ 2041, eff. 7/24/2019.

Acts 1971, No. 239, § 5; A.S.A. 1947, § 82-829.
Ark. Code Ann. § 20-38-110 — AR Code / Title 20 / Chapter 38 / Section 20-38-110
Confidentiality
Status: in_force

(a) All reports obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency. (b) The information contained in reports shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., except to the licensing or certifying agency. Amended by Act 2015, No. 861,§ 7, eff. 3/31/2015. Acts 2009, No. 762, § 4.

(a) All reports obtained under this subchapter are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency.

(b) The information contained in reports shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., except to the licensing or certifying agency.

Amended by Act 2015, No. 861,§ 7, eff. 3/31/2015.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-20-301 — AR Code / Title 20 / Chapter 20 / Subchapter 3 / Section 20-20-301
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5017, eff. 7/1/2019. Amended by Act 2019, No. 315,§ 2001, eff. 7/24/2019. Acts 1993, No. 983, § 1.

Repealed by Act 2019, No. 910,§ 5017, eff. 7/1/2019.

Amended by Act 2019, No. 315,§ 2001, eff. 7/24/2019.

Acts 1993, No. 983, § 1.
Ark. Code Ann. § 20-13-206 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-206
Emergency Medical Services Advisory Council - Proceedings
Status: in_force

(a) The Emergency Medical Services Advisory Council, within thirty (30) days after its appointment, shall organize as necessary to carry out its purposes as prescribed by this subchapter. (b) Procedures adopted, amended, or repealed by the council shall require a majority vote of all council members. (c) (1) At the initial organizational meeting of the council, the members shall elect from among their number a chair and a vice chair to serve for one (1) year. (2) Annually thereafter, an organizational meeting shall be held to elect the officers. (3) The Director of the Division of Emergency Medical Services shall serve as the Executive Secretary of the Emergency Medical Services Advisory Council. (4) Seven (7) council members shall constitute a quorum. (d) Quarterly meetings of the council may be held. Special meetings may be called as provided by the rules of the council. (e) (1) The Executive Secretary of the Emergency Medical Services Advisory Council shall keep full and true records of all council proceedings and preserve all books, documents, and papers relating to the business of the council. (2) The records of the council shall be open for inspection at all reasonable times. (f) (1) The council shall report in writing to the Secretary of the Department of Health on or about July 31 of each year. (2) The report shall contain a summary of the proceedings of the council during the preceding fiscal year, a detailed and itemized statement of all revenue and of all expenditures made by or in behalf of the council, other information deemed necessary or useful, and any additional information which may be requested by the Secretary of the Department of Health. Amended by Act 2019, No. 910,§ 4980, eff. 7/1/2019. Acts 1975, No. 435, § 4; A.S.A. 1947, § 82-3404; Acts 2007, No. 827, § 156.

(a) The Emergency Medical Services Advisory Council, within thirty (30) days after its appointment, shall organize as necessary to carry out its purposes as prescribed by this subchapter.

(b) Procedures adopted, amended, or repealed by the council shall require a majority vote of all council members.

(c) (1) At the initial organizational meeting of the council, the members shall elect from among their number a chair and a vice chair to serve for one (1) year. (2) Annually thereafter, an organizational meeting shall be held to elect the officers. (3) The Director of the Division of Emergency Medical Services shall serve as the Executive Secretary of the Emergency Medical Services Advisory Council. (4) Seven (7) council members shall constitute a quorum.

(1) At the initial organizational meeting of the council, the members shall elect from among their number a chair and a vice chair to serve for one (1) year.

(2) Annually thereafter, an organizational meeting shall be held to elect the officers.

(3) The Director of the Division of Emergency Medical Services shall serve as the Executive Secretary of the Emergency Medical Services Advisory Council.

(4) Seven (7) council members shall constitute a quorum.

(d) Quarterly meetings of the council may be held. Special meetings may be called as provided by the rules of the council.

(e) (1) The Executive Secretary of the Emergency Medical Services Advisory Council shall keep full and true records of all council proceedings and preserve all books, documents, and papers relating to the business of the council. (2) The records of the council shall be open for inspection at all reasonable times.

(1) The Executive Secretary of the Emergency Medical Services Advisory Council shall keep full and true records of all council proceedings and preserve all books, documents, and papers relating to the business of the council.

(2) The records of the council shall be open for inspection at all reasonable times.

(f) (1) The council shall report in writing to the Secretary of the Department of Health on or about July 31 of each year. (2) The report shall contain a summary of the proceedings of the council during the preceding fiscal year, a detailed and itemized statement of all revenue and of all expenditures made by or in behalf of the council, other information deemed necessary or useful, and any additional information which may be requested by the Secretary of the Department of Health.

(1) The council shall report in writing to the Secretary of the Department of Health on or about July 31 of each year.

(2) The report shall contain a summary of the proceedings of the council during the preceding fiscal year, a detailed and itemized statement of all revenue and of all expenditures made by or in behalf of the council, other information deemed necessary or useful, and any additional information which may be requested by the Secretary of the Department of Health.

Amended by Act 2019, No. 910,§ 4980, eff. 7/1/2019.

Acts 1975, No. 435, § 4; A.S.A. 1947, § 82-3404; Acts 2007, No. 827, § 156.
Ark. Code Ann. § 20-8-503 — AR Code / Title 20 / Chapter 8 / Subchapter 5 / Section 20-8-503
Definitions
Status: in_force

As used in this subchapter: (1) "Amniotic fluid" means the fluid inside the amnion; (2) "Nonembryonic stem cell research" means medical research involving stem cells that have not been derived from a human embryo or fetus; (3) "Placenta" means the organ that forms on the inner wall of the human uterus during pregnancy; (4) "Postnatal tissue and fluid" means the placenta, umbilical cord, and amniotic fluid expelled or extracted in connection with the birth of a human being; (5) "Stem cell" means an unspecialized or undifferentiated cell that can self-replicate and has the potential to differentiate into a specialized cell type; and (6) "Umbilical cord" means the gelatinous tissue and blood vessels connecting an unborn human being to the placenta. Acts 2007, No. 695, § 1.

As used in this subchapter:

(1) "Amniotic fluid" means the fluid inside the amnion;

(2) "Nonembryonic stem cell research" means medical research involving stem cells that have not been derived from a human embryo or fetus;

(3) "Placenta" means the organ that forms on the inner wall of the human uterus during pregnancy;

(4) "Postnatal tissue and fluid" means the placenta, umbilical cord, and amniotic fluid expelled or extracted in connection with the birth of a human being;

(5) "Stem cell" means an unspecialized or undifferentiated cell that can self-replicate and has the potential to differentiate into a specialized cell type; and

(6) "Umbilical cord" means the gelatinous tissue and blood vessels connecting an unborn human being to the placenta.

Acts 2007, No. 695, § 1.
Ark. Code Ann. § 20-56-306 — AR Code / Title 20 / Chapter 56 / Subchapter 3 / Section 20-56-306
Prohibitions on manufacturing and processing medical marijuana - Definition
Status: in_force

(a) As used in this section, "commercially available" means any candy, food, or beverage product that is produced or sold by a third party. (b) A cultivation facility, dispensary, or processor shall not process or manufacture a medical marijuana product in a non-childproof package or container for consumption that: (1) Is likely to appeal to minors due to shape, color, taste, or design, including without limitation: (A) Products that are modeled after noncannabis products primarily consumed by and marketed to children; (B) Products in the shape of an animal, vehicle, person, or character; and (C) Products that contain cannabinoid concentrates or extracts that, as determined by the Alcoholic Beverage Control Division, closely resemble foods or beverages that are attractive to minors and that are commonly sold in retail establishments in individually packaged portions or in multiple packs of individually packaged portions, regardless of whether the foods or beverages are generic, trademarked, or branded products, including without limitation candy, cookies, cakes, pastries, chewing gum, and brownies; or (2) Is manufactured by applying cannabinoid concentrates or extracts to trademarked or branded food, candy, or beverages that are commercially available without cannabinoid concentrates or extracts and are commonly sold at retail establishments in individual portions or in multiple packs of individually packaged portions. (c) (1) The division shall promulgate rules to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rules shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The division shall file the proposed rules with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020. Added by Act 2019, No. 989,§ 2, eff. 7/24/2019.

(a) As used in this section, "commercially available" means any candy, food, or beverage product that is produced or sold by a third party.

(b) A cultivation facility, dispensary, or processor shall not process or manufacture a medical marijuana product in a non-childproof package or container for consumption that: (1) Is likely to appeal to minors due to shape, color, taste, or design, including without limitation: (A) Products that are modeled after noncannabis products primarily consumed by and marketed to children; (B) Products in the shape of an animal, vehicle, person, or character; and (C) Products that contain cannabinoid concentrates or extracts that, as determined by the Alcoholic Beverage Control Division, closely resemble foods or beverages that are attractive to minors and that are commonly sold in retail establishments in individually packaged portions or in multiple packs of individually packaged portions, regardless of whether the foods or beverages are generic, trademarked, or branded products, including without limitation candy, cookies, cakes, pastries, chewing gum, and brownies; or (2) Is manufactured by applying cannabinoid concentrates or extracts to trademarked or branded food, candy, or beverages that are commercially available without cannabinoid concentrates or extracts and are commonly sold at retail establishments in individual portions or in multiple packs of individually packaged portions.

(1) Is likely to appeal to minors due to shape, color, taste, or design, including without limitation: (A) Products that are modeled after noncannabis products primarily consumed by and marketed to children; (B) Products in the shape of an animal, vehicle, person, or character; and (C) Products that contain cannabinoid concentrates or extracts that, as determined by the Alcoholic Beverage Control Division, closely resemble foods or beverages that are attractive to minors and that are commonly sold in retail establishments in individually packaged portions or in multiple packs of individually packaged portions, regardless of whether the foods or beverages are generic, trademarked, or branded products, including without limitation candy, cookies, cakes, pastries, chewing gum, and brownies; or

(A) Products that are modeled after noncannabis products primarily consumed by and marketed to children;

(B) Products in the shape of an animal, vehicle, person, or character; and

(C) Products that contain cannabinoid concentrates or extracts that, as determined by the Alcoholic Beverage Control Division, closely resemble foods or beverages that are attractive to minors and that are commonly sold in retail establishments in individually packaged portions or in multiple packs of individually packaged portions, regardless of whether the foods or beverages are generic, trademarked, or branded products, including without limitation candy, cookies, cakes, pastries, chewing gum, and brownies; or

(2) Is manufactured by applying cannabinoid concentrates or extracts to trademarked or branded food, candy, or beverages that are commercially available without cannabinoid concentrates or extracts and are commonly sold at retail establishments in individual portions or in multiple packs of individually packaged portions.

(c) (1) The division shall promulgate rules to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rules shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The division shall file the proposed rules with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(1) The division shall promulgate rules to implement this section.

(2) (A) When adopting the initial rules to implement this section, the final rules shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The division shall file the proposed rules with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(A) When adopting the initial rules to implement this section, the final rules shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(i) On or before January 1, 2020; or

(ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(B) The division shall file the proposed rules with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

Added by Act 2019, No. 989,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-78-301 — AR Code / Title 20 / Chapter 78 / Subchapter 3 / Section 20-78-301
Purpose
Status: in_force

It is the purpose of this subchapter to permit the Division of Children and Family Services of the Department of Human Services to cooperate with public agencies or private nonprofit organizations of adjoining states to provide services for residents of Arkansas that are in need of regular or therapeutic child care. Acts 1997, No. 939, § 1.

It is the purpose of this subchapter to permit the Division of Children and Family Services of the Department of Human Services to cooperate with public agencies or private nonprofit organizations of adjoining states to provide services for residents of Arkansas that are in need of regular or therapeutic child care.

Acts 1997, No. 939, § 1.
Ark. Code Ann. § 20-77-1708 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1708
Medical necessity
Status: in_force

(a) There is a presumption in favor of the medical judgment of the performing or prescribing physician in determining medical necessity of treatment. (b) If an administrative law judge finds that the Department of Human Services has overcome the presumption under subsection (a) of this section, he or she shall state the manner by which the presumption was overcome. Amended by Act 2013, No. 562,§ 5, eff. 8/16/2013. Acts 2005, No. 1758, § 1; 2007, No. 596, § 3.

(a) There is a presumption in favor of the medical judgment of the performing or prescribing physician in determining medical necessity of treatment.

(b) If an administrative law judge finds that the Department of Human Services has overcome the presumption under subsection (a) of this section, he or she shall state the manner by which the presumption was overcome.

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

Acts 2005, No. 1758, § 1; 2007, No. 596, § 3.
Ark. Code Ann. § 20-60-214 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-214
Prohibited acts
Status: in_force

The following acts or the causing of the following acts within this state is prohibited: (1) The processing, the sale or offering for sale, transportation, or delivery or receiving for transportation, in intrastate commerce, of any livestock carcass, part of a livestock carcass, or meat food product unless: (A) The livestock carcass, part of a livestock carcass, or meat food product has been inspected for wholesomeness; and (B) The livestock carcass, part of a livestock carcass, or meat food product and the shipping container of the livestock carcass, part of a livestock carcass, or meat food product and immediate container, if any, are marked in accordance with the requirements of this subchapter or the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021; (2) The sale or other disposition for human food of any livestock carcass, part of a livestock carcass, or meat food product that has been inspected and declared to be unwholesome or adulterated under this subchapter; (3) Doing any of the following: (A) Falsely making or issuing, altering, forging, simulating, counterfeiting, or using without proper authority any official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification, used in connection with inspection under this subchapter; (B) Causing, procuring, aiding, assisting in, or being a party to false making, issuing, altering, forging, simulating, counterfeiting, or unauthorized use; (C) Knowingly possessing, without promptly notifying the Secretary of the Department of Agriculture or his or her representative, uttering, publishing, or using as true, or causing to be uttered, published, or used as true, any falsely made or issued, altered, forged, simulated, or counterfeited official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification; (D) Representing that any meat or meat food product has been officially inspected under the authority of this subchapter when the meat or meat food product has in fact not been inspected under the authority of this subchapter; or (E) Knowingly making any false representation in any certificate prescribed by the secretary in rules under this subchapter or any form resembling the certificate; (4) Using in intrastate commerce any false or misleading advertisement with respect to meat or meat food products; (5) Using in intrastate commerce any false or misleading label on any livestock carcass, part of a livestock carcass, or meat food product; (6) Using any container bearing an official inspection mark except for the meat or meat food product in the original form in which the meat or meat food product was inspected and covered by the official inspection mark unless the official inspection mark is removed, obliterated, or otherwise destroyed; (7) Refusing to permit access by any authorized representative of the secretary at all reasonable times to the premises of an official establishment in this state at which livestock are slaughtered or the livestock carcasses, parts of livestock carcasses, or meat food products are processed for intrastate commerce upon presentation of appropriate credentials; (8) Refusing to permit access to and the copying of any record as authorized by § 20-60-215 ; (9) Using by any person to his or her own advantage, or revealing, other than to the authorized representatives of any government agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this subchapter, concerning any matter that as a trade secret is entitled to protection; (10) Delivering, receiving, transporting, selling, or offering for sale or transportation in intrastate commerce for human consumption any livestock carcass, part of a livestock carcass, or meat food product that has been processed in violation of any requirements under this subchapter except as may be authorized by and under rules prescribed by the secretary; (11) Delivering, receiving, transporting, selling, or offering for sale or transportation in intrastate commerce any livestock carcass, part of a livestock carcass, or meat food product that is exempted under § 20-60-204 , is unwholesome or adulterated, and is intended for human consumption; and (12) Applying to any livestock carcass, part of a livestock carcass, or meat food product, or any container of any livestock carcass, part of a livestock carcass, or meat food product, any official inspection mark or label required under this subchapter except by or under the supervision of an inspector. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 315,§ 2215, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2214, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5086, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5085, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5084, eff. 7/1/2019. Acts 1967, No. 320, § 7; A.S.A. 1947, § 82-2007.

The following acts or the causing of the following acts within this state is prohibited:

(1) The processing, the sale or offering for sale, transportation, or delivery or receiving for transportation, in intrastate commerce, of any livestock carcass, part of a livestock carcass, or meat food product unless: (A) The livestock carcass, part of a livestock carcass, or meat food product has been inspected for wholesomeness; and (B) The livestock carcass, part of a livestock carcass, or meat food product and the shipping container of the livestock carcass, part of a livestock carcass, or meat food product and immediate container, if any, are marked in accordance with the requirements of this subchapter or the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021;

(A) The livestock carcass, part of a livestock carcass, or meat food product has been inspected for wholesomeness; and

(B) The livestock carcass, part of a livestock carcass, or meat food product and the shipping container of the livestock carcass, part of a livestock carcass, or meat food product and immediate container, if any, are marked in accordance with the requirements of this subchapter or the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021;

(2) The sale or other disposition for human food of any livestock carcass, part of a livestock carcass, or meat food product that has been inspected and declared to be unwholesome or adulterated under this subchapter;

(3) Doing any of the following: (A) Falsely making or issuing, altering, forging, simulating, counterfeiting, or using without proper authority any official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification, used in connection with inspection under this subchapter; (B) Causing, procuring, aiding, assisting in, or being a party to false making, issuing, altering, forging, simulating, counterfeiting, or unauthorized use; (C) Knowingly possessing, without promptly notifying the Secretary of the Department of Agriculture or his or her representative, uttering, publishing, or using as true, or causing to be uttered, published, or used as true, any falsely made or issued, altered, forged, simulated, or counterfeited official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification; (D) Representing that any meat or meat food product has been officially inspected under the authority of this subchapter when the meat or meat food product has in fact not been inspected under the authority of this subchapter; or (E) Knowingly making any false representation in any certificate prescribed by the secretary in rules under this subchapter or any form resembling the certificate;

(A) Falsely making or issuing, altering, forging, simulating, counterfeiting, or using without proper authority any official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification, used in connection with inspection under this subchapter;

(B) Causing, procuring, aiding, assisting in, or being a party to false making, issuing, altering, forging, simulating, counterfeiting, or unauthorized use;

(C) Knowingly possessing, without promptly notifying the Secretary of the Department of Agriculture or his or her representative, uttering, publishing, or using as true, or causing to be uttered, published, or used as true, any falsely made or issued, altered, forged, simulated, or counterfeited official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification;

(D) Representing that any meat or meat food product has been officially inspected under the authority of this subchapter when the meat or meat food product has in fact not been inspected under the authority of this subchapter; or

(E) Knowingly making any false representation in any certificate prescribed by the secretary in rules under this subchapter or any form resembling the certificate;

(4) Using in intrastate commerce any false or misleading advertisement with respect to meat or meat food products;

(5) Using in intrastate commerce any false or misleading label on any livestock carcass, part of a livestock carcass, or meat food product;

(6) Using any container bearing an official inspection mark except for the meat or meat food product in the original form in which the meat or meat food product was inspected and covered by the official inspection mark unless the official inspection mark is removed, obliterated, or otherwise destroyed;

(7) Refusing to permit access by any authorized representative of the secretary at all reasonable times to the premises of an official establishment in this state at which livestock are slaughtered or the livestock carcasses, parts of livestock carcasses, or meat food products are processed for intrastate commerce upon presentation of appropriate credentials;

(8) Refusing to permit access to and the copying of any record as authorized by § 20-60-215 ;

(9) Using by any person to his or her own advantage, or revealing, other than to the authorized representatives of any government agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this subchapter, concerning any matter that as a trade secret is entitled to protection;

(10) Delivering, receiving, transporting, selling, or offering for sale or transportation in intrastate commerce for human consumption any livestock carcass, part of a livestock carcass, or meat food product that has been processed in violation of any requirements under this subchapter except as may be authorized by and under rules prescribed by the secretary;

(11) Delivering, receiving, transporting, selling, or offering for sale or transportation in intrastate commerce any livestock carcass, part of a livestock carcass, or meat food product that is exempted under § 20-60-204 , is unwholesome or adulterated, and is intended for human consumption; and

(12) Applying to any livestock carcass, part of a livestock carcass, or meat food product, or any container of any livestock carcass, part of a livestock carcass, or meat food product, any official inspection mark or label required under this subchapter except by or under the supervision of an inspector.

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

Amended by Act 2019, No. 315,§ 2215, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2214, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5086, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5085, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5084, eff. 7/1/2019.

Acts 1967, No. 320, § 7; A.S.A. 1947, § 82-2007.
Ark. Code Ann. § 20-46-305 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-305
Minimum standards - Pledge to conform and filing of policies
Status: in_force

(a) As a condition of certification or recertification by the Department of Human Services, each community mental health center shall furnish to the department a resolution of its governing board expressing the board's pledge and intent to conform to the professional standards and accounting, statistical, and auditing standards prescribed by the board. (b) Each community mental health center shall file, as a condition of certification or recertification by the department, with the department a copy of the conflict-of-interest policies and purchasing policies of the board. The conflict-of-interest and purchasing policies shall conform to the minimum standards for the policies adopted by the department. Acts 1985, No. 786, § 2; A.S.A. 1947, § 59-318.

(a) As a condition of certification or recertification by the Department of Human Services, each community mental health center shall furnish to the department a resolution of its governing board expressing the board's pledge and intent to conform to the professional standards and accounting, statistical, and auditing standards prescribed by the board.

(b) Each community mental health center shall file, as a condition of certification or recertification by the department, with the department a copy of the conflict-of-interest policies and purchasing policies of the board. The conflict-of-interest and purchasing policies shall conform to the minimum standards for the policies adopted by the department.

Acts 1985, No. 786, § 2; A.S.A. 1947, § 59-318.
Ark. Code Ann. § 20-27-1307 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1307
Exemptions - Owners and operators
Status: in_force

(a) This subchapter shall not apply to any mine in existence or operation on July 1, 1995, unless the mine or quarry site has been the subject of a criminal or civil proceeding resulting from its blasting operations within the three-year period before January 1, 1995. (b) Notwithstanding subsection (a) of this section, the authority of the Director of the Division of Labor shall not be restricted with respect to: (1) Mines or quarries which were in existence and operation on July 1, 1995, but which change owners or operators after July 1, 1995; or (2) New or existing mines or quarries which were not in operation on July 1, 1995. Amended by Act 2019, No. 910,§ 5491, eff. 7/1/2019. Acts 1995, No. 814, § 5.

(a) This subchapter shall not apply to any mine in existence or operation on July 1, 1995, unless the mine or quarry site has been the subject of a criminal or civil proceeding resulting from its blasting operations within the three-year period before January 1, 1995.

(b) Notwithstanding subsection (a) of this section, the authority of the Director of the Division of Labor shall not be restricted with respect to: (1) Mines or quarries which were in existence and operation on July 1, 1995, but which change owners or operators after July 1, 1995; or (2) New or existing mines or quarries which were not in operation on July 1, 1995.

(1) Mines or quarries which were in existence and operation on July 1, 1995, but which change owners or operators after July 1, 1995; or

(2) New or existing mines or quarries which were not in operation on July 1, 1995.

Amended by Act 2019, No. 910,§ 5491, eff. 7/1/2019.

Acts 1995, No. 814, § 5.
Ark. Code Ann. § 20-13-807 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-807
Trauma Advisory Council
Status: in_force

(a) There is established an advisory council, to be known as the "Trauma Advisory Council", for the purpose of making recommendations, advising, and providing assistance to the Department of Health concerning the development and operation of a statewide trauma system. (b) The Trauma Advisory Council shall consist of twelve (12) voting members who have a demonstrated interest in trauma systems to be appointed by the Governor subject to confirmation by the Senate as follows: (1) One (1) member appointed by the Governor after consulting the Arkansas Chapter of the American College of Emergency Physicians; (2) One (1) member appointed by the Governor after consulting the American College of Surgeons, Arkansas Chapter; (3) One (1) member appointed by the Governor after consulting the Arkansas Medical Society, Inc.; (4) Three (3) members appointed by the Governor after consulting the Arkansas Hospital Association, Inc.; (5) One (1) member appointed by the Governor after consulting the Emergency Medical Services Advisory Council; (6) One (1) member appointed by the Governor after consulting the Arkansas Emergency Medical Technicians Association; (7) One (1) member appointed by the Governor after consulting The Arkansas Ambulance Association; (8) One (1) member appointed by the Governor after consulting the Arkansas Minority Health Commission; (9) One (1) member appointed to represent injury prevention; and (10) One (1) member appointed from the public at large as a consumer representative who has an interest in trauma systems. (c) The Trauma Advisory Council shall also include four (4) voting members who have a demonstrated interest in trauma systems to be appointed as follows: (1) Two (2) members to be appointed by and to serve at the pleasure of the President Pro Tempore of the Senate after consulting the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and the Arkansas Emergency Nurses Association; and (2) Two (2) members to be appointed by and to serve at the pleasure of the Speaker of the House of Representatives after consulting the Arkansas Academy of Family Physicians, Inc. (d) The Secretary of the Department of Health or his or her designee shall serve as a nonvoting ex officio member of the Trauma Advisory Council. Amended by Act 2019, No. 910,§ 4988, eff. 7/1/2019. Amended by Act 2017, No. 812,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 48, eff. 7/22/2015. Acts 1993, No. 559, § 7; 1995, No. 981, § 1; 2001, No. 1288, § 16; 2009, No. 393, § 1.

(a) There is established an advisory council, to be known as the "Trauma Advisory Council", for the purpose of making recommendations, advising, and providing assistance to the Department of Health concerning the development and operation of a statewide trauma system.

(b) The Trauma Advisory Council shall consist of twelve (12) voting members who have a demonstrated interest in trauma systems to be appointed by the Governor subject to confirmation by the Senate as follows: (1) One (1) member appointed by the Governor after consulting the Arkansas Chapter of the American College of Emergency Physicians; (2) One (1) member appointed by the Governor after consulting the American College of Surgeons, Arkansas Chapter; (3) One (1) member appointed by the Governor after consulting the Arkansas Medical Society, Inc.; (4) Three (3) members appointed by the Governor after consulting the Arkansas Hospital Association, Inc.; (5) One (1) member appointed by the Governor after consulting the Emergency Medical Services Advisory Council; (6) One (1) member appointed by the Governor after consulting the Arkansas Emergency Medical Technicians Association; (7) One (1) member appointed by the Governor after consulting The Arkansas Ambulance Association; (8) One (1) member appointed by the Governor after consulting the Arkansas Minority Health Commission; (9) One (1) member appointed to represent injury prevention; and (10) One (1) member appointed from the public at large as a consumer representative who has an interest in trauma systems.

(1) One (1) member appointed by the Governor after consulting the Arkansas Chapter of the American College of Emergency Physicians;

(2) One (1) member appointed by the Governor after consulting the American College of Surgeons, Arkansas Chapter;

(3) One (1) member appointed by the Governor after consulting the Arkansas Medical Society, Inc.;

(4) Three (3) members appointed by the Governor after consulting the Arkansas Hospital Association, Inc.;

(5) One (1) member appointed by the Governor after consulting the Emergency Medical Services Advisory Council;

(6) One (1) member appointed by the Governor after consulting the Arkansas Emergency Medical Technicians Association;

(7) One (1) member appointed by the Governor after consulting The Arkansas Ambulance Association;

(8) One (1) member appointed by the Governor after consulting the Arkansas Minority Health Commission;

(9) One (1) member appointed to represent injury prevention; and

(10) One (1) member appointed from the public at large as a consumer representative who has an interest in trauma systems.

(c) The Trauma Advisory Council shall also include four (4) voting members who have a demonstrated interest in trauma systems to be appointed as follows: (1) Two (2) members to be appointed by and to serve at the pleasure of the President Pro Tempore of the Senate after consulting the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and the Arkansas Emergency Nurses Association; and (2) Two (2) members to be appointed by and to serve at the pleasure of the Speaker of the House of Representatives after consulting the Arkansas Academy of Family Physicians, Inc.

(1) Two (2) members to be appointed by and to serve at the pleasure of the President Pro Tempore of the Senate after consulting the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and the Arkansas Emergency Nurses Association; and

(2) Two (2) members to be appointed by and to serve at the pleasure of the Speaker of the House of Representatives after consulting the Arkansas Academy of Family Physicians, Inc.

(d) The Secretary of the Department of Health or his or her designee shall serve as a nonvoting ex officio member of the Trauma Advisory Council.

Amended by Act 2019, No. 910,§ 4988, eff. 7/1/2019.

Amended by Act 2017, No. 812,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 48, eff. 7/22/2015.

Acts 1993, No. 559, § 7; 1995, No. 981, § 1; 2001, No. 1288, § 16; 2009, No. 393, § 1.
Ark. Code Ann. § 20-76-119 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-119
Universal basic income program - Prohibitions - Definitions
Status: in_force

(a) As used in this section: (1) "Local government" means: (A) A county; (B) A city of the first class, a city of the second class, or an incorporated town; or (C) Any other district or political subdivision of the state or an agency, board, or commission of the district or political subdivision of the state; (2) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government; and (3) "Universal basic income program" means a program that is not expressly required by federal law in which an individual receives a guaranteed cash payment regularly. (b) Unless expressly authorized by state law, a state agency or a local government shall not enact or enforce, directly or indirectly, a universal basic income program. Added by Act 2023, No. 822,§ 2, eff. 8/1/2023. Act 2023, No. 822 provides that this act shall be known and may be cited as the "Work Protection Act".

(a) As used in this section: (1) "Local government" means: (A) A county; (B) A city of the first class, a city of the second class, or an incorporated town; or (C) Any other district or political subdivision of the state or an agency, board, or commission of the district or political subdivision of the state; (2) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government; and (3) "Universal basic income program" means a program that is not expressly required by federal law in which an individual receives a guaranteed cash payment regularly.

(1) "Local government" means: (A) A county; (B) A city of the first class, a city of the second class, or an incorporated town; or (C) Any other district or political subdivision of the state or an agency, board, or commission of the district or political subdivision of the state;

(A) A county;

(B) A city of the first class, a city of the second class, or an incorporated town; or

(C) Any other district or political subdivision of the state or an agency, board, or commission of the district or political subdivision of the state;

(2) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government; and

(3) "Universal basic income program" means a program that is not expressly required by federal law in which an individual receives a guaranteed cash payment regularly.

(b) Unless expressly authorized by state law, a state agency or a local government shall not enact or enforce, directly or indirectly, a universal basic income program.

Added by Act 2023, No. 822,§ 2, eff. 8/1/2023.

Act 2023, No. 822 provides that this act shall be known and may be cited as the "Work Protection Act".
Ark. Code Ann. § 20-14-309 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-309
Website accessibility - Compliance
Status: in_force

(a) (1) Before filing a civil action or petition for injunctive relief based on a claim that an entity's website does not conform with applicable law, codes, guidelines, or standards regulating the functionality of an entity's website to accommodate a person with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the aggrieved party shall notify the entity in writing of the aggrieved party's allegation that the website does not comply with applicable law, codes, guidelines, or standards regulating the functionality of an organization's website to accommodate persons with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the specific violations that the aggrieved party asserts. (2) The specific violations alleged in the written notice under subdivision (a)(1) of this section shall include without limitation the alleged violation, alleged harm, and date of alleged harm. (3) The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days before the filing of a petition for injunctive relief. (4) The lack of the written notice under or compliance with this subsection may be used as a basis for dismissal by a court and may be used by a court as a mitigating factor in any remedy ordered by the court. (b) (1) An entity that corrects the website that is allegedly in violation as described in the written notice under subsection (a) of this section within one hundred twenty (120) days of receipt of the written notice under subsection (a) of this section may use that fact as an affirmative defense to a civil action or petition for injunctive relief. (2) The affirmative defense under subdivision (b)(1) of this section shall be proven by a preponderance of the evidence and may not be rebutted. (3) A defendant in a civil action or petition for injunctive relief that prevails in that action due to the raising and successful proving of the affirmative defense under subdivision (b)(1) of this section shall be entitled to all reasonable costs of litigation, including attorney's fees. Added by Act 2017, No. 784,§ 1, eff. 8/1/2017.

(a) (1) Before filing a civil action or petition for injunctive relief based on a claim that an entity's website does not conform with applicable law, codes, guidelines, or standards regulating the functionality of an entity's website to accommodate a person with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the aggrieved party shall notify the entity in writing of the aggrieved party's allegation that the website does not comply with applicable law, codes, guidelines, or standards regulating the functionality of an organization's website to accommodate persons with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the specific violations that the aggrieved party asserts. (2) The specific violations alleged in the written notice under subdivision (a)(1) of this section shall include without limitation the alleged violation, alleged harm, and date of alleged harm. (3) The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days before the filing of a petition for injunctive relief. (4) The lack of the written notice under or compliance with this subsection may be used as a basis for dismissal by a court and may be used by a court as a mitigating factor in any remedy ordered by the court.

(1) Before filing a civil action or petition for injunctive relief based on a claim that an entity's website does not conform with applicable law, codes, guidelines, or standards regulating the functionality of an entity's website to accommodate a person with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the aggrieved party shall notify the entity in writing of the aggrieved party's allegation that the website does not comply with applicable law, codes, guidelines, or standards regulating the functionality of an organization's website to accommodate persons with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the specific violations that the aggrieved party asserts.

(2) The specific violations alleged in the written notice under subdivision (a)(1) of this section shall include without limitation the alleged violation, alleged harm, and date of alleged harm.

(3) The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days before the filing of a petition for injunctive relief.

(4) The lack of the written notice under or compliance with this subsection may be used as a basis for dismissal by a court and may be used by a court as a mitigating factor in any remedy ordered by the court.

(b) (1) An entity that corrects the website that is allegedly in violation as described in the written notice under subsection (a) of this section within one hundred twenty (120) days of receipt of the written notice under subsection (a) of this section may use that fact as an affirmative defense to a civil action or petition for injunctive relief. (2) The affirmative defense under subdivision (b)(1) of this section shall be proven by a preponderance of the evidence and may not be rebutted. (3) A defendant in a civil action or petition for injunctive relief that prevails in that action due to the raising and successful proving of the affirmative defense under subdivision (b)(1) of this section shall be entitled to all reasonable costs of litigation, including attorney's fees.

(1) An entity that corrects the website that is allegedly in violation as described in the written notice under subsection (a) of this section within one hundred twenty (120) days of receipt of the written notice under subsection (a) of this section may use that fact as an affirmative defense to a civil action or petition for injunctive relief.

(2) The affirmative defense under subdivision (b)(1) of this section shall be proven by a preponderance of the evidence and may not be rebutted.

(3) A defendant in a civil action or petition for injunctive relief that prevails in that action due to the raising and successful proving of the affirmative defense under subdivision (b)(1) of this section shall be entitled to all reasonable costs of litigation, including attorney's fees.

Added by Act 2017, No. 784,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-9-604 — AR Code / Title 20 / Chapter 9 / Subchapter 6 / Section 20-9-604
Consent given by court in emergency
Status: in_force

(a) (1) Except as provided in subsection (e) of this section, consent may be given by a court when: (A) An emergency exists; (B) There has been a protest or refusal of consent by a person authorized and empowered to do so; and (C) There is no other person immediately available who is authorized, empowered, or capable of consent. (2) The consent shall be given upon the presentation of a petition accompanied by the written advice or certificate of one (1) or more licensed physicians that in their professional opinion there is an immediate or imminent necessity for medical or surgical treatment or procedures. (3) Any circuit judge may summarily grant injunctive and declaratory relief ordering and directing that the necessary surgical or medical treatment or procedures be rendered, provided that the affected person is: (A) A pregnant female in the last trimester of pregnancy; (B) A person of insufficient age or mental capacity to understand and appreciate the nature of the proposed surgical or medical treatment and the probable consequences of refusal of the treatment; or (C) A parent of a minor child, provided that the court in its discretion finds that the life or health of the parent is essential to the child's financial support or physical or emotional well-being. (b) Any circuit judge granting the declaratory and injunctive relief directing the provision of surgical or medical treatment or procedures pursuant to this section shall be immune from liability based on any claim that the surgical or medical treatment or procedures for the affected person should not have been administered. (c) The reasonable expense incurred for emergency surgical or medical treatment or procedures administered pursuant to this section shall be borne by: (1) The estate of the person affected; (2) Any person liable at law for the necessities of the person affected; or (3) If the estate or person is unable to pay, the county of residence of the person receiving the surgical or medical care. (d) Upon request of an attending physician, any other licensed physician, or a representative of a hospital to which a patient has been admitted or presented for treatment, it shall be the duty of the prosecuting attorney, or his or her designee, of the county in which the surgical or medical care is proposed to be rendered to give his or her assistance in the presentation of the petition, with medical advice or certificate, and in obtaining an order from the court of proper jurisdiction. (e) (1) Consent may be given by a court when an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent for a person of unsound mind or there has been a subsequent material and morbid change in the condition of the affected person who is in the custody of the Division of Correction or the Division of Community Correction. (2) The consent shall be given upon the presentation of a petition accompanied by the written advice or certificate of one (1) or more licensed physicians that in their professional opinion there is an immediate or imminent necessity for medical or surgical treatment or procedures. (3) Any circuit judge may summarily grant injunctive and declaratory relief ordering and directing that the necessary surgical or medical treatment or procedures be rendered. Amended by Act 2019, No. 910,§ 997, eff. 7/1/2019. Acts 1977, No. 805, § 2; A.S.A. 1947, § 82-364.1; Acts 1997, No. 875, § 2.

(a) (1) Except as provided in subsection (e) of this section, consent may be given by a court when: (A) An emergency exists; (B) There has been a protest or refusal of consent by a person authorized and empowered to do so; and (C) There is no other person immediately available who is authorized, empowered, or capable of consent. (2) The consent shall be given upon the presentation of a petition accompanied by the written advice or certificate of one (1) or more licensed physicians that in their professional opinion there is an immediate or imminent necessity for medical or surgical treatment or procedures. (3) Any circuit judge may summarily grant injunctive and declaratory relief ordering and directing that the necessary surgical or medical treatment or procedures be rendered, provided that the affected person is: (A) A pregnant female in the last trimester of pregnancy; (B) A person of insufficient age or mental capacity to understand and appreciate the nature of the proposed surgical or medical treatment and the probable consequences of refusal of the treatment; or (C) A parent of a minor child, provided that the court in its discretion finds that the life or health of the parent is essential to the child's financial support or physical or emotional well-being.

(1) Except as provided in subsection (e) of this section, consent may be given by a court when: (A) An emergency exists; (B) There has been a protest or refusal of consent by a person authorized and empowered to do so; and (C) There is no other person immediately available who is authorized, empowered, or capable of consent.

(A) An emergency exists;

(B) There has been a protest or refusal of consent by a person authorized and empowered to do so; and

(C) There is no other person immediately available who is authorized, empowered, or capable of consent.

(2) The consent shall be given upon the presentation of a petition accompanied by the written advice or certificate of one (1) or more licensed physicians that in their professional opinion there is an immediate or imminent necessity for medical or surgical treatment or procedures.

(3) Any circuit judge may summarily grant injunctive and declaratory relief ordering and directing that the necessary surgical or medical treatment or procedures be rendered, provided that the affected person is: (A) A pregnant female in the last trimester of pregnancy; (B) A person of insufficient age or mental capacity to understand and appreciate the nature of the proposed surgical or medical treatment and the probable consequences of refusal of the treatment; or (C) A parent of a minor child, provided that the court in its discretion finds that the life or health of the parent is essential to the child's financial support or physical or emotional well-being.

(A) A pregnant female in the last trimester of pregnancy;

(B) A person of insufficient age or mental capacity to understand and appreciate the nature of the proposed surgical or medical treatment and the probable consequences of refusal of the treatment; or

(C) A parent of a minor child, provided that the court in its discretion finds that the life or health of the parent is essential to the child's financial support or physical or emotional well-being.

(b) Any circuit judge granting the declaratory and injunctive relief directing the provision of surgical or medical treatment or procedures pursuant to this section shall be immune from liability based on any claim that the surgical or medical treatment or procedures for the affected person should not have been administered.

(c) The reasonable expense incurred for emergency surgical or medical treatment or procedures administered pursuant to this section shall be borne by: (1) The estate of the person affected; (2) Any person liable at law for the necessities of the person affected; or (3) If the estate or person is unable to pay, the county of residence of the person receiving the surgical or medical care.

(1) The estate of the person affected;

(2) Any person liable at law for the necessities of the person affected; or

(3) If the estate or person is unable to pay, the county of residence of the person receiving the surgical or medical care.

(d) Upon request of an attending physician, any other licensed physician, or a representative of a hospital to which a patient has been admitted or presented for treatment, it shall be the duty of the prosecuting attorney, or his or her designee, of the county in which the surgical or medical care is proposed to be rendered to give his or her assistance in the presentation of the petition, with medical advice or certificate, and in obtaining an order from the court of proper jurisdiction.

(e) (1) Consent may be given by a court when an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent for a person of unsound mind or there has been a subsequent material and morbid change in the condition of the affected person who is in the custody of the Division of Correction or the Division of Community Correction. (2) The consent shall be given upon the presentation of a petition accompanied by the written advice or certificate of one (1) or more licensed physicians that in their professional opinion there is an immediate or imminent necessity for medical or surgical treatment or procedures. (3) Any circuit judge may summarily grant injunctive and declaratory relief ordering and directing that the necessary surgical or medical treatment or procedures be rendered.

(1) Consent may be given by a court when an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent for a person of unsound mind or there has been a subsequent material and morbid change in the condition of the affected person who is in the custody of the Division of Correction or the Division of Community Correction.

(2) The consent shall be given upon the presentation of a petition accompanied by the written advice or certificate of one (1) or more licensed physicians that in their professional opinion there is an immediate or imminent necessity for medical or surgical treatment or procedures.

(3) Any circuit judge may summarily grant injunctive and declaratory relief ordering and directing that the necessary surgical or medical treatment or procedures be rendered.

Amended by Act 2019, No. 910,§ 997, eff. 7/1/2019.

Acts 1977, No. 805, § 2; A.S.A. 1947, § 82-364.1; Acts 1997, No. 875, § 2.
Ark. Code Ann. § 20-10-1802 — AR Code / Title 20 / Chapter 10 / Subchapter 18 / Section 20-10-1802
Definitions
Status: in_force

As used in this subchapter: (1) "Areas of refuge" means any hallways, corridors, dining facilities, lobbies, reception areas, or community rooms designated by the nursing facility and approved by the Office of Long-Term Care; (2) "Critical systems" means: (A) Heating systems; (B) Cooling systems; (C) Call light or nurse call system; (D) Illumination, heating and cooling, and life-support equipment or life-sustaining equipment in areas of refuge; (E) Alarm systems, including fire and smoke alarms and fire extinguishing systems; (F) Paging systems or speaker systems if intended for communication during an emergency; (G) Life-sustaining equipment and life-support equipment; (H) Refrigeration for medications and for food and liquids that require refrigeration; (I) Continuous operation of telephone systems; (J) Hot water circulation pumps and boiler rooms; and (K) Elevators in facilities with elevators; (3) "Existing facility" means a facility constructed or for which plans for construction have been approved by the Office of Long-Term Care, before April 13, 2001; (4) "Facility" means a nursing facility or nursing home; and (5) "New resident" means a person who has not been previously admitted to the nursing facility in the last fourteen (14) days. Acts 2001, No. 1602, § 1.

As used in this subchapter:

(1) "Areas of refuge" means any hallways, corridors, dining facilities, lobbies, reception areas, or community rooms designated by the nursing facility and approved by the Office of Long-Term Care;

(2) "Critical systems" means: (A) Heating systems; (B) Cooling systems; (C) Call light or nurse call system; (D) Illumination, heating and cooling, and life-support equipment or life-sustaining equipment in areas of refuge; (E) Alarm systems, including fire and smoke alarms and fire extinguishing systems; (F) Paging systems or speaker systems if intended for communication during an emergency; (G) Life-sustaining equipment and life-support equipment; (H) Refrigeration for medications and for food and liquids that require refrigeration; (I) Continuous operation of telephone systems; (J) Hot water circulation pumps and boiler rooms; and (K) Elevators in facilities with elevators;

(A) Heating systems;

(B) Cooling systems;

(C) Call light or nurse call system;

(D) Illumination, heating and cooling, and life-support equipment or life-sustaining equipment in areas of refuge;

(E) Alarm systems, including fire and smoke alarms and fire extinguishing systems;

(F) Paging systems or speaker systems if intended for communication during an emergency;

(G) Life-sustaining equipment and life-support equipment;

(H) Refrigeration for medications and for food and liquids that require refrigeration;

(I) Continuous operation of telephone systems;

(J) Hot water circulation pumps and boiler rooms; and

(K) Elevators in facilities with elevators;

(3) "Existing facility" means a facility constructed or for which plans for construction have been approved by the Office of Long-Term Care, before April 13, 2001;

(4) "Facility" means a nursing facility or nursing home; and

(5) "New resident" means a person who has not been previously admitted to the nursing facility in the last fourteen (14) days.

Acts 2001, No. 1602, § 1.
Ark. Code Ann. § 20-86-110 — AR Code / Title 20 / Chapter 86 / Section 20-86-110
Effect on other programs
Status: in_force

Funds deposited into an individual development account shall not be counted as income, assets, or resources of the individual in determining financial eligibility for assistance or services pursuant to any federal, federally assisted, state, or municipal program based on need. Acts 1999, No. 1217, § 15.

Funds deposited into an individual development account shall not be counted as income, assets, or resources of the individual in determining financial eligibility for assistance or services pursuant to any federal, federally assisted, state, or municipal program based on need.

Acts 1999, No. 1217, § 15.
Ark. Code Ann. § 20-30-102 — AR Code / Title 20 / Chapter 30 / Section 20-30-102
Penalty
Status: in_force

(a) Any person operating a public swimming pool in violation of this chapter or rules adopted pursuant to this chapter shall be guilty of a violation. (b) (1) Upon conviction, that person shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense. (2) Each day of operation after sufficient notice has been given shall constitute a separate offense. Amended by Act 2019, No. 315,§ 2128, eff. 7/24/2019. Acts 1987, No. 623, § 7; 2005, No. 1994, § 128.

(a) Any person operating a public swimming pool in violation of this chapter or rules adopted pursuant to this chapter shall be guilty of a violation.

(b) (1) Upon conviction, that person shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense. (2) Each day of operation after sufficient notice has been given shall constitute a separate offense.

(1) Upon conviction, that person shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense.

(2) Each day of operation after sufficient notice has been given shall constitute a separate offense.

Amended by Act 2019, No. 315,§ 2128, eff. 7/24/2019.

Acts 1987, No. 623, § 7; 2005, No. 1994, § 128.
Ark. Code Ann. § 20-47-501 — AR Code / Title 20 / Chapter 47 / Subchapter 5 / Section 20-47-501
Purpose
Status: in_force

The General Assembly finds that services to children are provided by various departments and agencies at both the state and local level, often without appropriate collaboration. The General Assembly declares that the purpose of this subchapter is to establish a structure for coordinated policy development, comprehensive planning, collaborative budgeting, and resource allocation for services to children with emotional disturbance and their families. It is further the intention of this subchapter to build on existing resources and to design and implement a coordinated service system for children with emotional disturbances that is child-centered, family-centered, and community-based. Acts 1991, No. 964, § 1; 2001, No. 1517, § 1.

The General Assembly finds that services to children are provided by various departments and agencies at both the state and local level, often without appropriate collaboration. The General Assembly declares that the purpose of this subchapter is to establish a structure for coordinated policy development, comprehensive planning, collaborative budgeting, and resource allocation for services to children with emotional disturbance and their families. It is further the intention of this subchapter to build on existing resources and to design and implement a coordinated service system for children with emotional disturbances that is child-centered, family-centered, and community-based.

Acts 1991, No. 964, § 1; 2001, No. 1517, § 1.
Ark. Code Ann. § 20-56-405 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-405
[See Note] Permits - Location - Background check required
Status: in_force

(a) A retail, wholesale, or manufacturer permit shall not be issued to a residential address, a mobile structure or vehicle, or for an address not zoned appropriately for the business seeking to secure the permit. (b) A permit shall not be issued to: (1) A person who has pleaded guilty or nolo contendere to or been found guilty of a felony; or (2) A business owned or operated, in whole or in part, by a person who has pleaded guilty or nolo contendere to or been found guilty of a felony. (c) Arkansas Tobacco Control shall conduct a criminal background check on each permit applicant and application, utilizing its Arkansas Crime Information Center access as a law enforcement agency, in accordance with §§ 12-12-1008 - 12-12-1011 . Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

(a) A retail, wholesale, or manufacturer permit shall not be issued to a residential address, a mobile structure or vehicle, or for an address not zoned appropriately for the business seeking to secure the permit.

(b) A permit shall not be issued to: (1) A person who has pleaded guilty or nolo contendere to or been found guilty of a felony; or (2) A business owned or operated, in whole or in part, by a person who has pleaded guilty or nolo contendere to or been found guilty of a felony.

(1) A person who has pleaded guilty or nolo contendere to or been found guilty of a felony; or

(2) A business owned or operated, in whole or in part, by a person who has pleaded guilty or nolo contendere to or been found guilty of a felony.

(c) Arkansas Tobacco Control shall conduct a criminal background check on each permit applicant and application, utilizing its Arkansas Crime Information Center access as a law enforcement agency, in accordance with §§ 12-12-1008 - 12-12-1011 .

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-16-704 — AR Code / Title 20 / Chapter 16 / Subchapter 7 / Section 20-16-704
Penalty
Status: in_force

(a) A violation of this subchapter shall be a Class A misdemeanor. (b) Nothing in this subchapter shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero. Acts 1985, No. 268, § 6; A.S.A. 1947, § 41-2567; Acts 1999, No. 1273, § 6.

(a) A violation of this subchapter shall be a Class A misdemeanor.

(b) Nothing in this subchapter shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.

Acts 1985, No. 268, § 6; A.S.A. 1947, § 41-2567; Acts 1999, No. 1273, § 6.
Ark. Code Ann. § 20-57-103 — AR Code / Title 20 / Chapter 57 / Subchapter 1 / Section 20-57-103
Donors of canned food, live food, or perishable food not liable - Exception - Definitions
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Canned food" means any food commercially processed and prepared for human consumption; (2) "Live food" means live or recently deceased animals, such as wild game or farm stock, that may be legally processed for use as food for human consumption; and (3) (A) "Perishable food" means any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. (B) "Perishable food" includes without limitation fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen. (b) The provisions of this section shall govern all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, but nothing in this section shall restrict the authority of any appropriate agency to regulate or ban the use of the food for human consumption. (c) All other provisions of law notwithstanding, a good faith donor of canned food, live food, or perishable food which is apparently fit for human consumption at the time it is donated to a bona fide charitable or not-for-profit organization for free distribution or distribution at a nominal cost is not subject to criminal or civil liability arising from an injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the donor. Amended by Act 2019, No. 946,§ 1, eff. 7/24/2019. Acts 1981, No. 73, §§ 1-3; A.S.A. 1947, §§ 82-998.1 -- 82-998.3.

(a) As used in this section, unless the context otherwise requires: (1) "Canned food" means any food commercially processed and prepared for human consumption; (2) "Live food" means live or recently deceased animals, such as wild game or farm stock, that may be legally processed for use as food for human consumption; and (3) (A) "Perishable food" means any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. (B) "Perishable food" includes without limitation fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.

(1) "Canned food" means any food commercially processed and prepared for human consumption;

(2) "Live food" means live or recently deceased animals, such as wild game or farm stock, that may be legally processed for use as food for human consumption; and

(3) (A) "Perishable food" means any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. (B) "Perishable food" includes without limitation fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.

(A) "Perishable food" means any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition.

(B) "Perishable food" includes without limitation fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.

(b) The provisions of this section shall govern all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, but nothing in this section shall restrict the authority of any appropriate agency to regulate or ban the use of the food for human consumption.

(c) All other provisions of law notwithstanding, a good faith donor of canned food, live food, or perishable food which is apparently fit for human consumption at the time it is donated to a bona fide charitable or not-for-profit organization for free distribution or distribution at a nominal cost is not subject to criminal or civil liability arising from an injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the donor.

Amended by Act 2019, No. 946,§ 1, eff. 7/24/2019.

Acts 1981, No. 73, §§ 1-3; A.S.A. 1947, §§ 82-998.1 -- 82-998.3.
Ark. Code Ann. § 20-24-104 — AR Code / Title 20 / Chapter 24 / Section 20-24-104
Enforcement
Status: in_force

(a) Except when otherwise provided, the Division of Occupational and Professional Licensing Boards and Commissions shall have the power, and it shall be its duty, to enforce this chapter and the rules adopted by the Elevator Safety Board. (b) In cities, towns, or other governmental subdivisions having a building department with qualified personnel to enforce this chapter or portions thereof, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may delegate the building department as the authorized representative of the division to enforce and carry out the provisions of §§ 20-24-112 - 20-24-116 or any portion thereof as may be designated by him or her. Amended by Act 2019, No. 315,§ 2064, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5468, eff. 7/1/2019. Acts 1963, No. 189, § 3; A.S.A. 1947, § 82-1803.

(a) Except when otherwise provided, the Division of Occupational and Professional Licensing Boards and Commissions shall have the power, and it shall be its duty, to enforce this chapter and the rules adopted by the Elevator Safety Board.

(b) In cities, towns, or other governmental subdivisions having a building department with qualified personnel to enforce this chapter or portions thereof, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may delegate the building department as the authorized representative of the division to enforce and carry out the provisions of §§ 20-24-112 - 20-24-116 or any portion thereof as may be designated by him or her.

Amended by Act 2019, No. 315,§ 2064, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5468, eff. 7/1/2019.

Acts 1963, No. 189, § 3; A.S.A. 1947, § 82-1803.
Ark. Code Ann. § 20-77-2302 — AR Code / Title 20 / Chapter 77 / Subchapter 23 / Section 20-77-2302
Definitions
Status: in_force

As used in this subchapter: (1) "Caregiver services" means services provided to an individual in the State of Arkansas to assist the recipient of the services in the activities of daily living, and the recipient of services is fifty (50) years of age or older at the time the services are provided; (2) "Compensation" means money or another type of property of value received by a provider of caregiver services in exchange for the services of the provider without regard to the source of payment of the money or other type of property; (3) "Successful completion" means completion of training in acceptable core competencies in the physical skills under § 20-77-2303 ; and (4) "Trained in-home assistant" means an individual who has met the requirements of this subchapter and provides caregiver services. Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.

As used in this subchapter:

(1) "Caregiver services" means services provided to an individual in the State of Arkansas to assist the recipient of the services in the activities of daily living, and the recipient of services is fifty (50) years of age or older at the time the services are provided;

(2) "Compensation" means money or another type of property of value received by a provider of caregiver services in exchange for the services of the provider without regard to the source of payment of the money or other type of property;

(3) "Successful completion" means completion of training in acceptable core competencies in the physical skills under § 20-77-2303 ; and

(4) "Trained in-home assistant" means an individual who has met the requirements of this subchapter and provides caregiver services.

Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.
Ark. Code Ann. § 20-21-310 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-310
Training programs
Status: in_force

The State Electronic Product Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter. Acts 1969, No. 460, § 8; A.S.A. 1947, § 82-1535.

The State Electronic Product Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter.

Acts 1969, No. 460, § 8; A.S.A. 1947, § 82-1535.
Ark. Code Ann. § 20-56-407 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-407
[See Note] Permits - Not transferable - Duplicates
Status: in_force

(a) A permit under this subchapter is not: (1) Transferable to a subsequent owner or operator; or (2) Transferable to a different physical location unless the permit holder obtains permission from the Director of Arkansas Tobacco Control. (b) A person purchasing an existing permitted retail location may operate under the selling owner's permit for no more than thirty (30) days from the date of the sale. (c) When a permit is lost by a permit holder, a duplicate permit may be issued upon application and for a fee of five dollars ($5.00) when sufficient proof has been given to the Director of Arkansas Tobacco Control. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

(a) A permit under this subchapter is not: (1) Transferable to a subsequent owner or operator; or (2) Transferable to a different physical location unless the permit holder obtains permission from the Director of Arkansas Tobacco Control.

(1) Transferable to a subsequent owner or operator; or

(2) Transferable to a different physical location unless the permit holder obtains permission from the Director of Arkansas Tobacco Control.

(b) A person purchasing an existing permitted retail location may operate under the selling owner's permit for no more than thirty (30) days from the date of the sale.

(c) When a permit is lost by a permit holder, a duplicate permit may be issued upon application and for a fee of five dollars ($5.00) when sufficient proof has been given to the Director of Arkansas Tobacco Control.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-26-202 — AR Code / Title 20 / Chapter 26 / Subchapter 2 / Section 20-26-202
State Board of Health - Duties
Status: in_force

The State Board of Health shall make necessary rules relating to tourist camps, hotels, or rooming houses not in conflict with any provision of this subchapter in order that: (1) The health and safety of guests may be protected; and (2) Tourist camps, hotels, or rooming houses may be operated in a lawful manner. Amended by Act 2019, No. 315,§ 2088, eff. 7/24/2019. Acts 1945, No. 110, § 3; A.S.A. 1947, § 71-1103.

The State Board of Health shall make necessary rules relating to tourist camps, hotels, or rooming houses not in conflict with any provision of this subchapter in order that:

(1) The health and safety of guests may be protected; and

(2) Tourist camps, hotels, or rooming houses may be operated in a lawful manner.

Amended by Act 2019, No. 315,§ 2088, eff. 7/24/2019.

Acts 1945, No. 110, § 3; A.S.A. 1947, § 71-1103.
Ark. Code Ann. § 20-27-2110 — AR Code / Title 20 / Chapter 27 / Subchapter 21 / Section 20-27-2110
Sale outside of Arkansas
Status: in_force

This subchapter does not prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 20-27-2104 if: (1) The cigarettes: (A) Are or will be stamped for sale in another state; or (B) Are packaged for sale outside the United States; and (2) The person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale in this state. Acts 2009, No. 697, § 2.

This subchapter does not prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 20-27-2104 if:

(1) The cigarettes: (A) Are or will be stamped for sale in another state; or (B) Are packaged for sale outside the United States; and

(A) Are or will be stamped for sale in another state; or

(B) Are packaged for sale outside the United States; and

(2) The person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale in this state.

Acts 2009, No. 697, § 2.
Ark. Code Ann. § 20-18-603 — AR Code / Title 20 / Chapter 18 / Subchapter 6 / Section 20-18-603
Registration of termination of pregnancy
Status: in_force

(a) (1) (A) (i) A fetal death, when the fetus completed twelve (12) weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, that occurs in this state shall be reported within five (5) days after delivery to the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records. (ii) An induced termination of pregnancy shall be reported in the manner prescribed in subsection (b) of this section and shall not be reported as a fetal death. (B) When a dead fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the fetal death certificate. (C) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the fetal death certificate. (D) When a fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery, or when inquiry is required by § 12-12-301 et seq. or § 14-15-301 et seq. or otherwise provided by law, the State Medical Examiner or coroner shall investigate the cause of fetal death and shall prepare and file the report within five (5) days. (E) (i) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. (ii) The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death. (2) Spontaneous fetal deaths when the fetus has completed less than twelve (12) weeks of gestation shall be reported as prescribed in subsection (b) of this section. (b) (1) Each induced termination of pregnancy which occurs in this state regardless of the length of gestation shall be reported to the division within five (5) days by the person in charge of the institution in which the induced termination of pregnancy was performed. (2) If the induced termination of pregnancy was performed outside an institution, the attending physician shall prepare and file the report. (c) (1) (A) The reports required under this section are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. (B) A schedule for the disposition of these reports shall be provided for by rule. (2) Reports required under this section shall not include the name or other personal identification of the individual having an induced or spontaneous termination of pregnancy. Amended by Act 2019, No. 315,§ 1977, eff. 7/24/2019. Amended by Act 2017, No. 168,§ 2, eff. 8/1/2017. Acts 1981, No. 120, §§ 15, 16; 1983, No. 835, §§ 1, 2; A.S.A. 1947, §§ 82-515, 82-516; Acts 1995, No. 1254, § 27.

(a) (1) (A) (i) A fetal death, when the fetus completed twelve (12) weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, that occurs in this state shall be reported within five (5) days after delivery to the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records. (ii) An induced termination of pregnancy shall be reported in the manner prescribed in subsection (b) of this section and shall not be reported as a fetal death. (B) When a dead fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the fetal death certificate. (C) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the fetal death certificate. (D) When a fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery, or when inquiry is required by § 12-12-301 et seq. or § 14-15-301 et seq. or otherwise provided by law, the State Medical Examiner or coroner shall investigate the cause of fetal death and shall prepare and file the report within five (5) days. (E) (i) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. (ii) The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death. (2) Spontaneous fetal deaths when the fetus has completed less than twelve (12) weeks of gestation shall be reported as prescribed in subsection (b) of this section.

(1) (A) (i) A fetal death, when the fetus completed twelve (12) weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, that occurs in this state shall be reported within five (5) days after delivery to the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records. (ii) An induced termination of pregnancy shall be reported in the manner prescribed in subsection (b) of this section and shall not be reported as a fetal death. (B) When a dead fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the fetal death certificate. (C) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the fetal death certificate. (D) When a fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery, or when inquiry is required by § 12-12-301 et seq. or § 14-15-301 et seq. or otherwise provided by law, the State Medical Examiner or coroner shall investigate the cause of fetal death and shall prepare and file the report within five (5) days. (E) (i) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. (ii) The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death.

(A) (i) A fetal death, when the fetus completed twelve (12) weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, that occurs in this state shall be reported within five (5) days after delivery to the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records. (ii) An induced termination of pregnancy shall be reported in the manner prescribed in subsection (b) of this section and shall not be reported as a fetal death.

(i) A fetal death, when the fetus completed twelve (12) weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, that occurs in this state shall be reported within five (5) days after delivery to the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records.

(ii) An induced termination of pregnancy shall be reported in the manner prescribed in subsection (b) of this section and shall not be reported as a fetal death.

(B) When a dead fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the fetal death certificate.

(C) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the fetal death certificate.

(D) When a fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery, or when inquiry is required by § 12-12-301 et seq. or § 14-15-301 et seq. or otherwise provided by law, the State Medical Examiner or coroner shall investigate the cause of fetal death and shall prepare and file the report within five (5) days.

(E) (i) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. (ii) The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death.

(i) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state.

(ii) The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death.

(2) Spontaneous fetal deaths when the fetus has completed less than twelve (12) weeks of gestation shall be reported as prescribed in subsection (b) of this section.

(b) (1) Each induced termination of pregnancy which occurs in this state regardless of the length of gestation shall be reported to the division within five (5) days by the person in charge of the institution in which the induced termination of pregnancy was performed. (2) If the induced termination of pregnancy was performed outside an institution, the attending physician shall prepare and file the report.

(1) Each induced termination of pregnancy which occurs in this state regardless of the length of gestation shall be reported to the division within five (5) days by the person in charge of the institution in which the induced termination of pregnancy was performed.

(2) If the induced termination of pregnancy was performed outside an institution, the attending physician shall prepare and file the report.

(c) (1) (A) The reports required under this section are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. (B) A schedule for the disposition of these reports shall be provided for by rule. (2) Reports required under this section shall not include the name or other personal identification of the individual having an induced or spontaneous termination of pregnancy.

(1) (A) The reports required under this section are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. (B) A schedule for the disposition of these reports shall be provided for by rule.

(A) The reports required under this section are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics.

(B) A schedule for the disposition of these reports shall be provided for by rule.

(2) Reports required under this section shall not include the name or other personal identification of the individual having an induced or spontaneous termination of pregnancy.

Amended by Act 2019, No. 315,§ 1977, eff. 7/24/2019.

Amended by Act 2017, No. 168,§ 2, eff. 8/1/2017.

Acts 1981, No. 120, §§ 15, 16; 1983, No. 835, §§ 1, 2; A.S.A. 1947, §§ 82-515, 82-516; Acts 1995, No. 1254, § 27.
Ark. Code Ann. § 20-16-1901 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Sex Discrimination by Abortion Prohibition Act". Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

This subchapter shall be known and may be cited as the "Sex Discrimination by Abortion Prohibition Act".

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-48-1108 — AR Code / Title 20 / Chapter 48 / Subchapter 11 / Section 20-48-1108
Successor program
Status: in_force

(a) On or before July 1, 2013, the Department of Human Services shall convene stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, to assist in determining the feasibility of combining or merging the child health management services program and the developmental day treatment clinic services program for children into a successor program. (b) (1) This subchapter does not require a successor program to include child health management services programs operated by an academic medical center. (2) Child health management services programs operated by an academic medical center shall be subject to all other provisions of this subchapter, including without limitation §§ 20-48-1103 and 20-48-1104 . Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.

(a) On or before July 1, 2013, the Department of Human Services shall convene stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, to assist in determining the feasibility of combining or merging the child health management services program and the developmental day treatment clinic services program for children into a successor program.

(b) (1) This subchapter does not require a successor program to include child health management services programs operated by an academic medical center. (2) Child health management services programs operated by an academic medical center shall be subject to all other provisions of this subchapter, including without limitation §§ 20-48-1103 and 20-48-1104 .

(1) This subchapter does not require a successor program to include child health management services programs operated by an academic medical center.

(2) Child health management services programs operated by an academic medical center shall be subject to all other provisions of this subchapter, including without limitation §§ 20-48-1103 and 20-48-1104 .

Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.
Ark. Code Ann. § 20-8-108 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-108
Fees and fines
Status: in_force

All fees and fines collected under this subchapter shall be deposited into the Miscellaneous Agencies Fund Account to be used exclusively for the maintenance and operation of the Health Services Permit Agency, including any agreements to reimburse the Department of Health for costs associated with the operation of the agency. Amended by Act 2019, No. 910,§ 4957, eff. 7/1/2019. Acts 1987, No. 593, § 8; 1987 (1st Ex. Sess.), No. 40, § 10; 2001, No. 1800, § 12.

All fees and fines collected under this subchapter shall be deposited into the Miscellaneous Agencies Fund Account to be used exclusively for the maintenance and operation of the Health Services Permit Agency, including any agreements to reimburse the Department of Health for costs associated with the operation of the agency.

Amended by Act 2019, No. 910,§ 4957, eff. 7/1/2019.

Acts 1987, No. 593, § 8; 1987 (1st Ex. Sess.), No. 40, § 10; 2001, No. 1800, § 12.
Ark. Code Ann. § 20-27-2403 — AR Code / Title 20 / Chapter 27 / Subchapter 24 / Section 20-27-2403
Prohibition on sales of herbal snuff - Penalties
Status: in_force

(a) It is unlawful to sell or offer for sale herbal snuff in this state to persons under eighteen (18) years of age. (b) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100) per violation. (2) Each violation and conviction shall be deemed a separate offense. Acts 2011, No. 198, § 1.

(a) It is unlawful to sell or offer for sale herbal snuff in this state to persons under eighteen (18) years of age.

(b) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100) per violation. (2) Each violation and conviction shall be deemed a separate offense.

(1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100) per violation.

(2) Each violation and conviction shall be deemed a separate offense.

Acts 2011, No. 198, § 1.
Ark. Code Ann. § 20-57-301 — AR Code / Title 20 / Chapter 57 / Subchapter 3 / Section 20-57-301
Title
Status: in_force

This subchapter may be cited as the "Flour and Bread Enrichment Act". Acts 1945, No. 214, § 1; A.S.A. 1947, § 82-934.

This subchapter may be cited as the "Flour and Bread Enrichment Act".

Acts 1945, No. 214, § 1; A.S.A. 1947, § 82-934.
Ark. Code Ann. § 20-46-315 — AR Code / Title 20 / Chapter 46 / Subchapter 3 / Section 20-46-315
Transfer of state's matching share
Status: in_force

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to retain and transfer to the Department of Human Services that portion of each community mental health center's or clinic's allotment which is required for the state's matching share for payment to community mental health centers or clinics for services eligible for federal reimbursement under the programs administered by the department. Amended by Act 2017, No. 913,§ 67, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 12, eff. 8/16/2013. Acts 1987, No. 1053, § 14.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is authorized to retain and transfer to the Department of Human Services that portion of each community mental health center's or clinic's allotment which is required for the state's matching share for payment to community mental health centers or clinics for services eligible for federal reimbursement under the programs administered by the department.

Amended by Act 2017, No. 913,§ 67, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 12, eff. 8/16/2013.

Acts 1987, No. 1053, § 14.
Ark. Code Ann. § 20-6-117 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-117
Effect and interpretation of durable powers of attorney
Status: in_force

(a) If a durable power of attorney for health care entered into before October 1, 2013, was valid at the time of execution, it remains valid. (b) A durable power of attorney for health care entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid. (c) A durable power of attorney for health care entered into on or after October 1, 2013, that does not evidence an intent that it is entered into under this subchapter may be given effect as an advance directive under this subchapter if it complies with this subchapter. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) If a durable power of attorney for health care entered into before October 1, 2013, was valid at the time of execution, it remains valid.

(b) A durable power of attorney for health care entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid.

(c) A durable power of attorney for health care entered into on or after October 1, 2013, that does not evidence an intent that it is entered into under this subchapter may be given effect as an advance directive under this subchapter if it complies with this subchapter.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-13-607 — AR Code / Title 20 / Chapter 13 / Subchapter 6 / Section 20-13-607
Administration of subchapter
Status: in_force

(a) The Department of Health shall prepare the appropriate certificate form to be available to physicians upon request to accomplish the purposes of this subchapter. (b) A copy of all certificates issued pursuant to this subchapter shall be forwarded by the issuing physician to the department to be maintained on file and subject to public inspection. Acts 1991, No. 270, § 7.

(a) The Department of Health shall prepare the appropriate certificate form to be available to physicians upon request to accomplish the purposes of this subchapter.

(b) A copy of all certificates issued pursuant to this subchapter shall be forwarded by the issuing physician to the department to be maintained on file and subject to public inspection.

Acts 1991, No. 270, § 7.
Ark. Code Ann. § 20-27-706 — AR Code / Title 20 / Chapter 27 / Subchapter 7 / Section 20-27-706
Prohibition of smoking at medical facilities
Status: in_force

(a) Smoking of tobacco is prohibited in and on the grounds of all medical facilities. (b) (1) Each medical facility shall request any person who violates subsection (a) of this section to desist. (2) If the violation continues, the medical facility may report the violation to the appropriate law enforcement agency. Acts 2005, No. 134, § 1.

(a) Smoking of tobacco is prohibited in and on the grounds of all medical facilities.

(b) (1) Each medical facility shall request any person who violates subsection (a) of this section to desist. (2) If the violation continues, the medical facility may report the violation to the appropriate law enforcement agency.

(1) Each medical facility shall request any person who violates subsection (a) of this section to desist.

(2) If the violation continues, the medical facility may report the violation to the appropriate law enforcement agency.

Acts 2005, No. 134, § 1.
Ark. Code Ann. § 20-7-206 — AR Code / Title 20 / Chapter 7 / Subchapter 2 / Section 20-7-206
Participation conditioned
Status: in_force

Participation in the grant programs shall be conditioned on compliance with this subchapter and any rules or regulations of the State Board of Health promulgated under this subchapter. Acts 1989, No. 749, § 1.

Participation in the grant programs shall be conditioned on compliance with this subchapter and any rules or regulations of the State Board of Health promulgated under this subchapter.

Acts 1989, No. 749, § 1.
Ark. Code Ann. § 20-10-211 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-211
[Repealed]
Status: repealed

Repealed by Act 2021, No. 715,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1866, eff. 7/24/2019. Acts 1979, No. 169, §§ 1-3; A.S.A. 1947, §§ 82-2223 -- 82-2225.

Repealed by Act 2021, No. 715,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1866, eff. 7/24/2019.

Acts 1979, No. 169, §§ 1-3; A.S.A. 1947, §§ 82-2223 -- 82-2225.
Ark. Code Ann. § 20-64-306 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-306
Prohibited acts
Status: in_force

The following acts and the causing thereof within the State of Arkansas are prohibited: (1) The manufacture, compounding, or processing of a drug in violation of § 20-64-309 ; (2) The sale, delivery, or other disposition of a drug in violation of § 20-64-310 ; (3) The possession of a drug in violation of § 20-64-311 ; (4) Obtaining a drug in violation of § 20-64-312 ; (5) The failure to prepare or obtain, or the failure to keep, a complete and accurate record with respect to any drug as required by § 20-64-313 ; (6) The refusal to permit access to or copying of any record as required by § 20-64-313 ; (7) The refusal to permit entry or inspection as authorized by § 20-64-313 ; (8) The filling or refilling of any prescription in violation of § 20-64-314 ; (9) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render a drug a counterfeit drug; and (10) The doing of any act which causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug. Acts 1967, No. 492, § 3; A.S.A. 1947, § 82-2103.

The following acts and the causing thereof within the State of Arkansas are prohibited:

(1) The manufacture, compounding, or processing of a drug in violation of § 20-64-309 ;

(2) The sale, delivery, or other disposition of a drug in violation of § 20-64-310 ;

(3) The possession of a drug in violation of § 20-64-311 ;

(4) Obtaining a drug in violation of § 20-64-312 ;

(5) The failure to prepare or obtain, or the failure to keep, a complete and accurate record with respect to any drug as required by § 20-64-313 ;

(6) The refusal to permit access to or copying of any record as required by § 20-64-313 ;

(7) The refusal to permit entry or inspection as authorized by § 20-64-313 ;

(8) The filling or refilling of any prescription in violation of § 20-64-314 ;

(9) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render a drug a counterfeit drug; and

(10) The doing of any act which causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.

Acts 1967, No. 492, § 3; A.S.A. 1947, § 82-2103.
Ark. Code Ann. § 20-17-1004 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1004
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 32, eff. 7/1/2018. Amended by Act 2013, No. 1132,§ 18, eff. 8/16/2013. Acts 1977, No. 352, § 4; 1981, No. 512, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 82-426.4; Acts 1997, No. 250, § 190; 1997, No. 295, § 2; 2009, No. 715, § 3; 2011, No. 590, § 2.

Repealed by Act 2017, No. 788,§ 32, eff. 7/1/2018.

Amended by Act 2013, No. 1132,§ 18, eff. 8/16/2013.

Acts 1977, No. 352, § 4; 1981, No. 512, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 82-426.4; Acts 1997, No. 250, § 190; 1997, No. 295, § 2; 2009, No. 715, § 3; 2011, No. 590, § 2.
Ark. Code Ann. § 20-27-1703 — AR Code / Title 20 / Chapter 27 / Subchapter 17 / Section 20-27-1703
Arkansas Child Death Review Panel - Creation
Status: in_force

(a) The Arkansas Child Death Review Panel is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission. (b) The Arkansas Child Death Review Panel shall consist of the following members: (1) A representative from the State Medical Examiner's office; (2) A coroner who is registered with the American Board of Medicolegal Death Investigators; (3) A representative from the Arkansas Center for Health Statistics of the Department of Health; (4) A representative from the Crimes Against Children Division of the Department of Arkansas State Police; (5) A representative from the Division of Children and Family Services of the Department of Human Services; (6) A representative from the Arkansas Child Abuse/Rape/Domestic Violence Commission; (7) A physician who specializes in child abuse; (8) A representative from the College of Public Health of the University of Arkansas for Medical Sciences; (9) A representative from the office of the Prosecutor Coordinator; and (10) Any other individuals the Arkansas Child Death Review Panel determines are necessary for a review. Acts 2005, No. 1818, § 1.

(a) The Arkansas Child Death Review Panel is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(b) The Arkansas Child Death Review Panel shall consist of the following members: (1) A representative from the State Medical Examiner's office; (2) A coroner who is registered with the American Board of Medicolegal Death Investigators; (3) A representative from the Arkansas Center for Health Statistics of the Department of Health; (4) A representative from the Crimes Against Children Division of the Department of Arkansas State Police; (5) A representative from the Division of Children and Family Services of the Department of Human Services; (6) A representative from the Arkansas Child Abuse/Rape/Domestic Violence Commission; (7) A physician who specializes in child abuse; (8) A representative from the College of Public Health of the University of Arkansas for Medical Sciences; (9) A representative from the office of the Prosecutor Coordinator; and (10) Any other individuals the Arkansas Child Death Review Panel determines are necessary for a review.

(1) A representative from the State Medical Examiner's office;

(2) A coroner who is registered with the American Board of Medicolegal Death Investigators;

(3) A representative from the Arkansas Center for Health Statistics of the Department of Health;

(4) A representative from the Crimes Against Children Division of the Department of Arkansas State Police;

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

(6) A representative from the Arkansas Child Abuse/Rape/Domestic Violence Commission;

(7) A physician who specializes in child abuse;

(8) A representative from the College of Public Health of the University of Arkansas for Medical Sciences;

(9) A representative from the office of the Prosecutor Coordinator; and

(10) Any other individuals the Arkansas Child Death Review Panel determines are necessary for a review.

Acts 2005, No. 1818, § 1.
Ark. Code Ann. § 20-14-206 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-206
Powers and duties
Status: in_force

The Governor's Commission on People with Disabilities shall: (1) Advise and assist the Governor in developing policies designed to meet the needs of citizens with disabilities; (2) Help coordinate state and private provider programs and activities relating to persons with disabilities; (3) Cooperate with state agencies and private providers to assure that the services which the Governor and the General Assembly have authorized for persons with disabilities are, in fact, provided; (4) Cooperate with and assist political subdivisions of the state and private providers in the development of local programs for persons with disabilities, including, but not limited to, coordination and community planning, information services, counseling services, dissemination of information, and volunteer activities; (5) Stimulate community interest in the problems of persons with disabilities and promote public awareness of resources available for such persons; (6) Refer persons seeking advice, assistance, and available services in connection with particular problems of persons with disabilities to the appropriate departments and agencies of the state and federal governments or to agencies providing services by contract with the governmental entities as well as other private providers; (7) Consult and cooperate with universities, colleges, and educational institutions in the state for the development of courses of study for persons engaged in public and private programs for persons with disabilities; (8) Make or cause to be made such studies of needs of persons with disabilities as may be appropriate; (9) Serve as a clearinghouse for information relating to the needs of persons with disabilities; (10) Sponsor conferences relating to problems of and services for persons with disabilities; (11) Assist state and local governments in eliminating obstacles to dignity and achievement which persons with disabilities may face as a result of a government and society unaware of or insensitive to their needs; (12) Examine federal, state, and local programs for persons with disabilities and provide assistance when greater coordination between federal, state, and local programs is needed; and (13) Cooperate with the General Assembly and the President's Committee on Employment of People with Disabilities. Acts 1985, No. 911, § 5; A.S.A. 1947, § 82-2912; Acts 1997, No. 208, § 15.

The Governor's Commission on People with Disabilities shall:

(1) Advise and assist the Governor in developing policies designed to meet the needs of citizens with disabilities;

(2) Help coordinate state and private provider programs and activities relating to persons with disabilities;

(3) Cooperate with state agencies and private providers to assure that the services which the Governor and the General Assembly have authorized for persons with disabilities are, in fact, provided;

(4) Cooperate with and assist political subdivisions of the state and private providers in the development of local programs for persons with disabilities, including, but not limited to, coordination and community planning, information services, counseling services, dissemination of information, and volunteer activities;

(5) Stimulate community interest in the problems of persons with disabilities and promote public awareness of resources available for such persons;

(6) Refer persons seeking advice, assistance, and available services in connection with particular problems of persons with disabilities to the appropriate departments and agencies of the state and federal governments or to agencies providing services by contract with the governmental entities as well as other private providers;

(7) Consult and cooperate with universities, colleges, and educational institutions in the state for the development of courses of study for persons engaged in public and private programs for persons with disabilities;

(8) Make or cause to be made such studies of needs of persons with disabilities as may be appropriate;

(9) Serve as a clearinghouse for information relating to the needs of persons with disabilities;

(10) Sponsor conferences relating to problems of and services for persons with disabilities;

(11) Assist state and local governments in eliminating obstacles to dignity and achievement which persons with disabilities may face as a result of a government and society unaware of or insensitive to their needs;

(12) Examine federal, state, and local programs for persons with disabilities and provide assistance when greater coordination between federal, state, and local programs is needed; and

(13) Cooperate with the General Assembly and the President's Committee on Employment of People with Disabilities.

Acts 1985, No. 911, § 5; A.S.A. 1947, § 82-2912; Acts 1997, No. 208, § 15.
Ark. Code Ann. § 20-10-914 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-914
Accounting for funds
Status: in_force

Within thirty (30) days after termination, the receiver shall file with the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

Within thirty (30) days after termination, the receiver shall file with the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-81-103 — AR Code / Title 20 / Chapter 81 / Section 20-81-103
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 6331, eff. 7/1/2019. Amended by Act 2017, No. 387,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 387,§ 1, eff. 8/1/2017. Acts 1979, No. 324, §§ 3, 4, 7, 8, 12; A.S.A. 1947, §§ 1-1412, 11-1413, 11-1416, 11-1417, 11-1421; Acts 1993, No. 719, § 1.

Repealed by Act 2019, No. 910,§ 6331, eff. 7/1/2019.

Amended by Act 2017, No. 387,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 387,§ 1, eff. 8/1/2017.

Acts 1979, No. 324, §§ 3, 4, 7, 8, 12; A.S.A. 1947, §§ 1-1412, 11-1413, 11-1416, 11-1417, 11-1421; Acts 1993, No. 719, § 1.