Ark. Code Ann. § 20-20-209 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-209
Licenses - Commercial applicators - Application
Status: in_force

(a) No commercial applicator shall engage in the business of applying restricted-use pesticide or other pesticides or the aerial application of seed or fertilizers to the lands of another at any time without a commercial applicator's license issued by the State Plant Board. Application for a license shall be made in writing to the board on a designated form obtained from the board. Each application for a license shall contain information regarding the applicant's qualifications, the proposed operations, and the license classification for which the applicant is applying, and the application shall include the following: (1) The full name of the person applying for the license; (2) If different from that in subdivision (a)(1) of this section, the full name of the individual qualifying under subsection (b) of this section; (3) If the applicant is a person other than an individual, the full name of the firm, partnership, association, corporation, or group; (4) The principal business address of the applicant in this state or elsewhere; (5) (A) The name and address of a person, who may be the Secretary of State, whose domicile is in this state and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant. (B) Any nonresident applying for a license under this subchapter shall file a written and certified power of attorney designating an Arkansas resident or the Secretary of State as the agent of the nonresident upon whom service of process may be had in the event of any suit against the nonresident person. The power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of the State of Arkansas over the nonresident applicant. (C) The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents; (6) A description of any equipment used by the applicant to apply pesticides; and (7) Any other necessary information prescribed by the board. (b) The board shall not issue a commercial applicator's license until the individual named in subdivision (a)(1) of this section has qualified by passing an examination to demonstrate to the board his or her knowledge of how to apply pesticides under the classifications applied for and his or her knowledge of the nature and effect of pesticides he or she may apply under the classifications. The scope of the examination may be prescribed by rule. (c) (1) The board shall issue a commercial applicator's license limited to the classifications for which the applicant is qualified if: (A) The board finds the applicant qualified to apply pesticides in the classifications he or she has applied for; (B) The applicant files evidence of financial responsibility required under subsection (d) of this section; (C) The applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Administration; and (D) The applicant has paid the license, test, and equipment fees prescribed by the board in its rules. (2) (A) The license shall expire December 31 of each year unless it has been revoked or suspended prior thereto by the board for cause. (B) A license shall be automatically invalidated if a commercial applicator is at any time or for any reason left without an individual qualified under subsection (b) of this section. (3) The board may limit the license of the applicant to the use of certain pesticides, to certain areas, or to certain types of equipment if the applicant is only so qualified. (4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor. (d) (1) The board shall not issue a commercial applicator's license until the applicant has furnished evidence of financial responsibility with the board consisting of one (1) of the following: (A) A letter of credit from an Arkansas bank guaranteeing financial responsibility; (B) A surety bond; (C) An escrow account with an Arkansas bank; or (D) An insurance policy or certification thereof of an insurer or surplus lines broker authorized to do business in this state insuring the commercial applicator and any of his or her agents against liability resulting from the operations of the commercial applicator, provided that the insurance is not applied to damages or injury to agricultural crops, plants, or land being worked upon by the commercial applicator. (2) (A) The amount of liability as provided for in this section shall not be less than that set by the board for each property damage and public liability including loss or damage arising out of actual use of any pesticide. The amount of liability shall be maintained at not less than that sum at all times during the licensing period. (B) The board shall be notified ten (10) days before any reduction in liability. (C) The board shall have authority to set deductible amounts on financial responsibility. (3) Should the liability furnished become unsatisfactory, the applicant shall upon notice immediately execute new liability. If he or she fails to do so, the board shall cancel his or her license and give him or her notice of the fact, and it shall be unlawful thereafter for the person to engage in the business of applying pesticides until the liability is brought into compliance with the requirements of this section and his or her license is reinstated. (4) (A) Nothing in this subchapter shall be construed to relieve any person from liability for any damages to the person or lands of another caused by the use of pesticides even though the use conforms to the rules of the board. (B) The violation of any of the provisions of this subchapter by any commercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and the negligence shall be imputable as provided by existing law. (e) The board may renew any applicant's license under the classification for which the applicant is licensed, subject to reexamination for any additional knowledge that may be required to ensure a continuing level of competence and ability to use pesticides safely and properly due to changing technology. (f) (1) The provisions of this section relating to licenses and requirements for their issuance do not apply to a person applying pesticides for his or her neighbors, provided that he or she operates and maintains pesticide application equipment for his or her own use, he or she is not engaged in the business of applying pesticides for hire and does not publicly hold himself or herself out as a pesticide applicator, and he or she operates his or her pesticide application equipment only in the vicinity of his or her owned or rented property and for the accommodation of his or her neighbors. (2) However, when the person uses or supervises the use of a restricted-use pesticide, the person shall comply with the requirements of § 20-20-210 or § 20-20-211 . Amended by Act 2019, No. 315,§ 1989, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1988, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1987, eff. 7/24/2019. Acts 1975, No. 389, § 8; 1977, No. 758, § 1; A.S.A. 1947, § 77-258.

(a) No commercial applicator shall engage in the business of applying restricted-use pesticide or other pesticides or the aerial application of seed or fertilizers to the lands of another at any time without a commercial applicator's license issued by the State Plant Board. Application for a license shall be made in writing to the board on a designated form obtained from the board. Each application for a license shall contain information regarding the applicant's qualifications, the proposed operations, and the license classification for which the applicant is applying, and the application shall include the following: (1) The full name of the person applying for the license; (2) If different from that in subdivision (a)(1) of this section, the full name of the individual qualifying under subsection (b) of this section; (3) If the applicant is a person other than an individual, the full name of the firm, partnership, association, corporation, or group; (4) The principal business address of the applicant in this state or elsewhere; (5) (A) The name and address of a person, who may be the Secretary of State, whose domicile is in this state and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant. (B) Any nonresident applying for a license under this subchapter shall file a written and certified power of attorney designating an Arkansas resident or the Secretary of State as the agent of the nonresident upon whom service of process may be had in the event of any suit against the nonresident person. The power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of the State of Arkansas over the nonresident applicant. (C) The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents; (6) A description of any equipment used by the applicant to apply pesticides; and (7) Any other necessary information prescribed by the board.

(1) The full name of the person applying for the license;

(2) If different from that in subdivision (a)(1) of this section, the full name of the individual qualifying under subsection (b) of this section;

(3) If the applicant is a person other than an individual, the full name of the firm, partnership, association, corporation, or group;

(4) The principal business address of the applicant in this state or elsewhere;

(5) (A) The name and address of a person, who may be the Secretary of State, whose domicile is in this state and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant. (B) Any nonresident applying for a license under this subchapter shall file a written and certified power of attorney designating an Arkansas resident or the Secretary of State as the agent of the nonresident upon whom service of process may be had in the event of any suit against the nonresident person. The power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of the State of Arkansas over the nonresident applicant. (C) The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents;

(A) The name and address of a person, who may be the Secretary of State, whose domicile is in this state and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant.

(B) Any nonresident applying for a license under this subchapter shall file a written and certified power of attorney designating an Arkansas resident or the Secretary of State as the agent of the nonresident upon whom service of process may be had in the event of any suit against the nonresident person. The power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of the State of Arkansas over the nonresident applicant.

(C) The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents;

(6) A description of any equipment used by the applicant to apply pesticides; and

(7) Any other necessary information prescribed by the board.

(b) The board shall not issue a commercial applicator's license until the individual named in subdivision (a)(1) of this section has qualified by passing an examination to demonstrate to the board his or her knowledge of how to apply pesticides under the classifications applied for and his or her knowledge of the nature and effect of pesticides he or she may apply under the classifications. The scope of the examination may be prescribed by rule.

(c) (1) The board shall issue a commercial applicator's license limited to the classifications for which the applicant is qualified if: (A) The board finds the applicant qualified to apply pesticides in the classifications he or she has applied for; (B) The applicant files evidence of financial responsibility required under subsection (d) of this section; (C) The applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Administration; and (D) The applicant has paid the license, test, and equipment fees prescribed by the board in its rules. (2) (A) The license shall expire December 31 of each year unless it has been revoked or suspended prior thereto by the board for cause. (B) A license shall be automatically invalidated if a commercial applicator is at any time or for any reason left without an individual qualified under subsection (b) of this section. (3) The board may limit the license of the applicant to the use of certain pesticides, to certain areas, or to certain types of equipment if the applicant is only so qualified. (4) If a license is not issued as applied for, the board shall inform the applicant in writing of the reasons therefor.

(1) The board shall issue a commercial applicator's license limited to the classifications for which the applicant is qualified if: (A) The board finds the applicant qualified to apply pesticides in the classifications he or she has applied for; (B) The applicant files evidence of financial responsibility required under subsection (d) of this section; (C) The applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Administration; and (D) The applicant has paid the license, test, and equipment fees prescribed by the board in its rules.

(A) The board finds the applicant qualified to apply pesticides in the classifications he or she has applied for;

(B) The applicant files evidence of financial responsibility required under subsection (d) of this section;

(C) The applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Administration; and

(D) The applicant has paid the license, test, and equipment fees prescribed by the board in its rules.

(2) (A) The license shall expire December 31 of each year unless it has been revoked or suspended prior thereto by the board for cause. (B) A license shall be automatically invalidated if a commercial applicator is at any time or for any reason left without an individual qualified under subsection (b) of this section.

(A) The license shall expire December 31 of each year unless it has been revoked or suspended prior thereto by the board for cause.

(B) A license shall be automatically invalidated if a commercial applicator is at any time or for any reason left without an individual qualified under subsection (b) of this section.

(3) The board may limit the license of the applicant to the use of certain pesticides, to certain areas, or to certain types of equipment if the applicant is only so qualified.

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

(d) (1) The board shall not issue a commercial applicator's license until the applicant has furnished evidence of financial responsibility with the board consisting of one (1) of the following: (A) A letter of credit from an Arkansas bank guaranteeing financial responsibility; (B) A surety bond; (C) An escrow account with an Arkansas bank; or (D) An insurance policy or certification thereof of an insurer or surplus lines broker authorized to do business in this state insuring the commercial applicator and any of his or her agents against liability resulting from the operations of the commercial applicator, provided that the insurance is not applied to damages or injury to agricultural crops, plants, or land being worked upon by the commercial applicator. (2) (A) The amount of liability as provided for in this section shall not be less than that set by the board for each property damage and public liability including loss or damage arising out of actual use of any pesticide. The amount of liability shall be maintained at not less than that sum at all times during the licensing period. (B) The board shall be notified ten (10) days before any reduction in liability. (C) The board shall have authority to set deductible amounts on financial responsibility. (3) Should the liability furnished become unsatisfactory, the applicant shall upon notice immediately execute new liability. If he or she fails to do so, the board shall cancel his or her license and give him or her notice of the fact, and it shall be unlawful thereafter for the person to engage in the business of applying pesticides until the liability is brought into compliance with the requirements of this section and his or her license is reinstated. (4) (A) Nothing in this subchapter shall be construed to relieve any person from liability for any damages to the person or lands of another caused by the use of pesticides even though the use conforms to the rules of the board. (B) The violation of any of the provisions of this subchapter by any commercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and the negligence shall be imputable as provided by existing law.

(1) The board shall not issue a commercial applicator's license until the applicant has furnished evidence of financial responsibility with the board consisting of one (1) of the following: (A) A letter of credit from an Arkansas bank guaranteeing financial responsibility; (B) A surety bond; (C) An escrow account with an Arkansas bank; or (D) An insurance policy or certification thereof of an insurer or surplus lines broker authorized to do business in this state insuring the commercial applicator and any of his or her agents against liability resulting from the operations of the commercial applicator, provided that the insurance is not applied to damages or injury to agricultural crops, plants, or land being worked upon by the commercial applicator.

(A) A letter of credit from an Arkansas bank guaranteeing financial responsibility;

(B) A surety bond;

(C) An escrow account with an Arkansas bank; or

(D) An insurance policy or certification thereof of an insurer or surplus lines broker authorized to do business in this state insuring the commercial applicator and any of his or her agents against liability resulting from the operations of the commercial applicator, provided that the insurance is not applied to damages or injury to agricultural crops, plants, or land being worked upon by the commercial applicator.

(2) (A) The amount of liability as provided for in this section shall not be less than that set by the board for each property damage and public liability including loss or damage arising out of actual use of any pesticide. The amount of liability shall be maintained at not less than that sum at all times during the licensing period. (B) The board shall be notified ten (10) days before any reduction in liability. (C) The board shall have authority to set deductible amounts on financial responsibility.

(A) The amount of liability as provided for in this section shall not be less than that set by the board for each property damage and public liability including loss or damage arising out of actual use of any pesticide. The amount of liability shall be maintained at not less than that sum at all times during the licensing period.

(B) The board shall be notified ten (10) days before any reduction in liability.

(C) The board shall have authority to set deductible amounts on financial responsibility.

(3) Should the liability furnished become unsatisfactory, the applicant shall upon notice immediately execute new liability. If he or she fails to do so, the board shall cancel his or her license and give him or her notice of the fact, and it shall be unlawful thereafter for the person to engage in the business of applying pesticides until the liability is brought into compliance with the requirements of this section and his or her license is reinstated.

(4) (A) Nothing in this subchapter shall be construed to relieve any person from liability for any damages to the person or lands of another caused by the use of pesticides even though the use conforms to the rules of the board. (B) The violation of any of the provisions of this subchapter by any commercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and the negligence shall be imputable as provided by existing law.

(A) Nothing in this subchapter shall be construed to relieve any person from liability for any damages to the person or lands of another caused by the use of pesticides even though the use conforms to the rules of the board.

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

(e) The board may renew any applicant's license under the classification for which the applicant is licensed, subject to reexamination for any additional knowledge that may be required to ensure a continuing level of competence and ability to use pesticides safely and properly due to changing technology.

(f) (1) The provisions of this section relating to licenses and requirements for their issuance do not apply to a person applying pesticides for his or her neighbors, provided that he or she operates and maintains pesticide application equipment for his or her own use, he or she is not engaged in the business of applying pesticides for hire and does not publicly hold himself or herself out as a pesticide applicator, and he or she operates his or her pesticide application equipment only in the vicinity of his or her owned or rented property and for the accommodation of his or her neighbors. (2) However, when the person uses or supervises the use of a restricted-use pesticide, the person shall comply with the requirements of § 20-20-210 or § 20-20-211 .

(1) The provisions of this section relating to licenses and requirements for their issuance do not apply to a person applying pesticides for his or her neighbors, provided that he or she operates and maintains pesticide application equipment for his or her own use, he or she is not engaged in the business of applying pesticides for hire and does not publicly hold himself or herself out as a pesticide applicator, and he or she operates his or her pesticide application equipment only in the vicinity of his or her owned or rented property and for the accommodation of his or her neighbors.

(2) However, when the person uses or supervises the use of a restricted-use pesticide, the person shall comply with the requirements of § 20-20-210 or § 20-20-211 .

Amended by Act 2019, No. 315,§ 1989, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1988, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1987, eff. 7/24/2019.

Acts 1975, No. 389, § 8; 1977, No. 758, § 1; A.S.A. 1947, § 77-258.
Ark. Code Ann. § 20-10-2404 — AR Code / Title 20 / Chapter 10 / Subchapter 24 / Section 20-10-2404
Review and auditing
Status: in_force

(a) (1) The Department of Human Services shall, directly or through a qualified contractor, review or audit each cost report. (2) This review or audit of each cost report may include desk reviews, desk audits, and onsite financial audits of any assisted living facility and the home office of any assisted living facility. (3) In addition to independent audits conducted under subsection (c) of this section, the department shall audit comprehensively and timely the cost reports and financial reports and records of all assisted living facilities, consistent with generally accepted auditing standards, according to the following standards: (A) At least fifty percent (50%) of all assisted living facilities or assisted living facility owners filing a cost report for the first time; and (B) At least twenty-five percent (25%) of all assisted living facilities with each facility receiving a comprehensive field audit at least every four (4) years. (b) An assisted living facility shall provide the following organizations with full and complete access to inspect and copy all records and data pertaining to the operations and finances of the facility, the facility's home office, or multi-facility operation, including cost reports, budgets, expenses, revenues, accounting and financial management practices, audits, staffing, and contracted services: (1) The department and designated contractors of the department; (2) Any independent auditor designated by the department; (3) The Office of Medicaid Inspector General; (4) The office of the Attorney General; (5) The United States Office of the Inspector General; (6) The United States Government Accountability Office; and (7) The Centers for Medicare & Medicaid Services. (c) (1) At any time, the department may order and enforce the performance of a comprehensive independent financial audit of any assisted living facility participating in Medicaid. (2) Once ordered in writing by the department, the independent audit shall be initiated within twenty (20) days of the order of the department unless the department authorizes additional time in writing. (3) The independent audit shall be: (A) Performed at the expense of the department; (B) Conducted by a qualified audit firm that is procured by the department, with the audit team led by a certified public accountant and including other qualified professional staff as necessary; (C) Completed consistent with a schedule provided by the independent audit firm and procured by the department, with consultation with the facility, and weekly written status reports to the department; and (D) (i) Performed consistent with generally accepted auditing standards and applicable federal and state cost-finding standards identified by the department and include an audit of the accuracy and completeness of the facility's cost reports. (ii) If directed by the department, the scope of the audit may include a forensic accounting examination. (4) The audit firm and members of the audit team shall have no conflicts of interest with the facility, the facility owners, facility management or finance staff, or related parties. (d) (1) The department shall have complete access to all work papers and findings of the independent auditor. (2) All work papers, reports, and findings shall be submitted to the department no later than they are received by the facility. (3) The independent auditor may provide a separate, confidential report to the department, with a copy to the Office of Medicaid Inspector General. Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.

(a) (1) The Department of Human Services shall, directly or through a qualified contractor, review or audit each cost report. (2) This review or audit of each cost report may include desk reviews, desk audits, and onsite financial audits of any assisted living facility and the home office of any assisted living facility. (3) In addition to independent audits conducted under subsection (c) of this section, the department shall audit comprehensively and timely the cost reports and financial reports and records of all assisted living facilities, consistent with generally accepted auditing standards, according to the following standards: (A) At least fifty percent (50%) of all assisted living facilities or assisted living facility owners filing a cost report for the first time; and (B) At least twenty-five percent (25%) of all assisted living facilities with each facility receiving a comprehensive field audit at least every four (4) years.

(1) The Department of Human Services shall, directly or through a qualified contractor, review or audit each cost report.

(2) This review or audit of each cost report may include desk reviews, desk audits, and onsite financial audits of any assisted living facility and the home office of any assisted living facility.

(3) In addition to independent audits conducted under subsection (c) of this section, the department shall audit comprehensively and timely the cost reports and financial reports and records of all assisted living facilities, consistent with generally accepted auditing standards, according to the following standards: (A) At least fifty percent (50%) of all assisted living facilities or assisted living facility owners filing a cost report for the first time; and (B) At least twenty-five percent (25%) of all assisted living facilities with each facility receiving a comprehensive field audit at least every four (4) years.

(A) At least fifty percent (50%) of all assisted living facilities or assisted living facility owners filing a cost report for the first time; and

(B) At least twenty-five percent (25%) of all assisted living facilities with each facility receiving a comprehensive field audit at least every four (4) years.

(b) An assisted living facility shall provide the following organizations with full and complete access to inspect and copy all records and data pertaining to the operations and finances of the facility, the facility's home office, or multi-facility operation, including cost reports, budgets, expenses, revenues, accounting and financial management practices, audits, staffing, and contracted services: (1) The department and designated contractors of the department; (2) Any independent auditor designated by the department; (3) The Office of Medicaid Inspector General; (4) The office of the Attorney General; (5) The United States Office of the Inspector General; (6) The United States Government Accountability Office; and (7) The Centers for Medicare & Medicaid Services.

(1) The department and designated contractors of the department;

(2) Any independent auditor designated by the department;

(3) The Office of Medicaid Inspector General;

(4) The office of the Attorney General;

(5) The United States Office of the Inspector General;

(6) The United States Government Accountability Office; and

(7) The Centers for Medicare & Medicaid Services.

(c) (1) At any time, the department may order and enforce the performance of a comprehensive independent financial audit of any assisted living facility participating in Medicaid. (2) Once ordered in writing by the department, the independent audit shall be initiated within twenty (20) days of the order of the department unless the department authorizes additional time in writing. (3) The independent audit shall be: (A) Performed at the expense of the department; (B) Conducted by a qualified audit firm that is procured by the department, with the audit team led by a certified public accountant and including other qualified professional staff as necessary; (C) Completed consistent with a schedule provided by the independent audit firm and procured by the department, with consultation with the facility, and weekly written status reports to the department; and (D) (i) Performed consistent with generally accepted auditing standards and applicable federal and state cost-finding standards identified by the department and include an audit of the accuracy and completeness of the facility's cost reports. (ii) If directed by the department, the scope of the audit may include a forensic accounting examination. (4) The audit firm and members of the audit team shall have no conflicts of interest with the facility, the facility owners, facility management or finance staff, or related parties.

(1) At any time, the department may order and enforce the performance of a comprehensive independent financial audit of any assisted living facility participating in Medicaid.

(2) Once ordered in writing by the department, the independent audit shall be initiated within twenty (20) days of the order of the department unless the department authorizes additional time in writing.

(3) The independent audit shall be: (A) Performed at the expense of the department; (B) Conducted by a qualified audit firm that is procured by the department, with the audit team led by a certified public accountant and including other qualified professional staff as necessary; (C) Completed consistent with a schedule provided by the independent audit firm and procured by the department, with consultation with the facility, and weekly written status reports to the department; and (D) (i) Performed consistent with generally accepted auditing standards and applicable federal and state cost-finding standards identified by the department and include an audit of the accuracy and completeness of the facility's cost reports. (ii) If directed by the department, the scope of the audit may include a forensic accounting examination.

(A) Performed at the expense of the department;

(B) Conducted by a qualified audit firm that is procured by the department, with the audit team led by a certified public accountant and including other qualified professional staff as necessary;

(C) Completed consistent with a schedule provided by the independent audit firm and procured by the department, with consultation with the facility, and weekly written status reports to the department; and

(D) (i) Performed consistent with generally accepted auditing standards and applicable federal and state cost-finding standards identified by the department and include an audit of the accuracy and completeness of the facility's cost reports. (ii) If directed by the department, the scope of the audit may include a forensic accounting examination.

(i) Performed consistent with generally accepted auditing standards and applicable federal and state cost-finding standards identified by the department and include an audit of the accuracy and completeness of the facility's cost reports.

(ii) If directed by the department, the scope of the audit may include a forensic accounting examination.

(4) The audit firm and members of the audit team shall have no conflicts of interest with the facility, the facility owners, facility management or finance staff, or related parties.

(d) (1) The department shall have complete access to all work papers and findings of the independent auditor. (2) All work papers, reports, and findings shall be submitted to the department no later than they are received by the facility. (3) The independent auditor may provide a separate, confidential report to the department, with a copy to the Office of Medicaid Inspector General.

(1) The department shall have complete access to all work papers and findings of the independent auditor.

(2) All work papers, reports, and findings shall be submitted to the department no later than they are received by the facility.

(3) The independent auditor may provide a separate, confidential report to the department, with a copy to the Office of Medicaid Inspector General.

Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-16-1503 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1503
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; (iii) Remove an ectopic pregnancy; or (iv) Treat a maternal disease or illness for which the prescribed drug is indicated; (2) (A) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. (B) "Abortion-inducing drugs" includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate. (C) This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs. (D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion; (3) "Adverse event" means an undesirable experience associated with the use of a medical product in a patient, including without limitation an event that causes: (A) Death; (B) Threat to life; (C) Hospitalization; (D) Disability or permanent damage; (E) Congenital anomaly or birth defect, or both; (F) Required intervention to prevent permanent impairment or damage; or (G) Other serious important medical events, including without limitation: (i) Allergic bronchospasm requiring treatment in an emergency room; (ii) Serious blood dyscrasias; (iii) Seizures or convulsions that do not result in hospitalization; and (iv) The development of drug dependence or drug abuse; (4) "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period; (5) "Physician" means any person licensed to practice medicine in this state, including medical doctors and doctors of osteopathy; and (6) "Unborn child" means the offspring of human beings from conception until birth. Amended by Act 2021, No. 562,§ 1, eff. 7/28/2021. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

As used in this subchapter:

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

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

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

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

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

(iii) Remove an ectopic pregnancy; or

(iv) Treat a maternal disease or illness for which the prescribed drug is indicated;

(2) (A) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. (B) "Abortion-inducing drugs" includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate. (C) This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs. (D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion;

(A) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child.

(B) "Abortion-inducing drugs" includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol, Cytotec, and methotrexate.

(C) This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications such as chemotherapeutic agents or diagnostic drugs.

(D) Use of drugs to induce abortion is also known as a medical, drug-induced, or chemical abortion;

(3) "Adverse event" means an undesirable experience associated with the use of a medical product in a patient, including without limitation an event that causes: (A) Death; (B) Threat to life; (C) Hospitalization; (D) Disability or permanent damage; (E) Congenital anomaly or birth defect, or both; (F) Required intervention to prevent permanent impairment or damage; or (G) Other serious important medical events, including without limitation: (i) Allergic bronchospasm requiring treatment in an emergency room; (ii) Serious blood dyscrasias; (iii) Seizures or convulsions that do not result in hospitalization; and (iv) The development of drug dependence or drug abuse;

(A) Death;

(B) Threat to life;

(C) Hospitalization;

(D) Disability or permanent damage;

(E) Congenital anomaly or birth defect, or both;

(F) Required intervention to prevent permanent impairment or damage; or

(G) Other serious important medical events, including without limitation: (i) Allergic bronchospasm requiring treatment in an emergency room; (ii) Serious blood dyscrasias; (iii) Seizures or convulsions that do not result in hospitalization; and (iv) The development of drug dependence or drug abuse;

(i) Allergic bronchospasm requiring treatment in an emergency room;

(ii) Serious blood dyscrasias;

(iii) Seizures or convulsions that do not result in hospitalization; and

(iv) The development of drug dependence or drug abuse;

(4) "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period;

(5) "Physician" means any person licensed to practice medicine in this state, including medical doctors and doctors of osteopathy; and

(6) "Unborn child" means the offspring of human beings from conception until birth.

Amended by Act 2021, No. 562,§ 1, eff. 7/28/2021.

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-77-125 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-125
Contingency fee audits prohibited - Definitions
Status: in_force

(a) As used in this section: (1) "Healthcare provider" means a person enrolled to provide health or medical care services or goods authorized under Medicaid; (2) "Medicaid" means the medical assistance program provided in this state under Title XIX of the Social Security Act of 1965, 42 U.S.C. § 1396 et seq., including components of the program; (3) "Medicaid integrity audit contract" means a contract required under federal law between the Department of Human Services and a Medicaid integrity audit program contractor to: (A) Review the actions of healthcare providers furnishing services or goods for which payment may be made under the Arkansas Medicaid Program to determine whether fraud, waste, or abuse has occurred or is likely to occur, or whether fraud, waste, or abuse has the potential for resulting in an expenditure of Medicaid funds that is not intended under the Arkansas Medicaid Program; (B) Audit Medicaid claims to ensure proper payments were made; or (C) Identify overpayments made to individuals or entities receiving Medicaid funds; and (4) "Person" means any individual, company, firm, organization, association, corporation, or other legal entity. (b) The Division of Medical Services of the Department of Human Services shall not enter into a Medicaid integrity audit contract that authorizes all or part of an auditor's compensation to be based, directly or indirectly, on the amount of overpayments identified or collected by the auditor. (c) (1) Within forty-five (45) days after April 11, 2013, the division shall seek a waiver from the Centers for Medicare & Medicaid Services of the requirement that recovery audit contractors, as identified in 42 U.S.C. § 1396a(a)(42)(B) , be paid on a contingent fee basis by submitting an amendment to the Medicaid state plan to implement the requirements of this section. (2) (A) Except as under subdivision (c)(2)(B) of this section, this section does not apply to: (i) A contract with a Medicaid integrity audit contractor entered into before the state plan amendment is approved by the Centers for Medicare & Medicaid Services; or (ii) An existing contingent fee contract entered into before July 1, 2013. (B) An existing contingent fee contract shall not be renewed from and after July 1, 2013, April 11, 2013, or the date a waiver from the Centers for Medicare & Medicaid Services becomes effective, whichever is later. Added by Act 2013, No. 1109,§ 1, eff. 4/11/2013.

(a) As used in this section: (1) "Healthcare provider" means a person enrolled to provide health or medical care services or goods authorized under Medicaid; (2) "Medicaid" means the medical assistance program provided in this state under Title XIX of the Social Security Act of 1965, 42 U.S.C. § 1396 et seq., including components of the program; (3) "Medicaid integrity audit contract" means a contract required under federal law between the Department of Human Services and a Medicaid integrity audit program contractor to: (A) Review the actions of healthcare providers furnishing services or goods for which payment may be made under the Arkansas Medicaid Program to determine whether fraud, waste, or abuse has occurred or is likely to occur, or whether fraud, waste, or abuse has the potential for resulting in an expenditure of Medicaid funds that is not intended under the Arkansas Medicaid Program; (B) Audit Medicaid claims to ensure proper payments were made; or (C) Identify overpayments made to individuals or entities receiving Medicaid funds; and (4) "Person" means any individual, company, firm, organization, association, corporation, or other legal entity.

(1) "Healthcare provider" means a person enrolled to provide health or medical care services or goods authorized under Medicaid;

(2) "Medicaid" means the medical assistance program provided in this state under Title XIX of the Social Security Act of 1965, 42 U.S.C. § 1396 et seq., including components of the program;

(3) "Medicaid integrity audit contract" means a contract required under federal law between the Department of Human Services and a Medicaid integrity audit program contractor to: (A) Review the actions of healthcare providers furnishing services or goods for which payment may be made under the Arkansas Medicaid Program to determine whether fraud, waste, or abuse has occurred or is likely to occur, or whether fraud, waste, or abuse has the potential for resulting in an expenditure of Medicaid funds that is not intended under the Arkansas Medicaid Program; (B) Audit Medicaid claims to ensure proper payments were made; or (C) Identify overpayments made to individuals or entities receiving Medicaid funds; and

(A) Review the actions of healthcare providers furnishing services or goods for which payment may be made under the Arkansas Medicaid Program to determine whether fraud, waste, or abuse has occurred or is likely to occur, or whether fraud, waste, or abuse has the potential for resulting in an expenditure of Medicaid funds that is not intended under the Arkansas Medicaid Program;

(B) Audit Medicaid claims to ensure proper payments were made; or

(C) Identify overpayments made to individuals or entities receiving Medicaid funds; and

(4) "Person" means any individual, company, firm, organization, association, corporation, or other legal entity.

(b) The Division of Medical Services of the Department of Human Services shall not enter into a Medicaid integrity audit contract that authorizes all or part of an auditor's compensation to be based, directly or indirectly, on the amount of overpayments identified or collected by the auditor.

(c) (1) Within forty-five (45) days after April 11, 2013, the division shall seek a waiver from the Centers for Medicare & Medicaid Services of the requirement that recovery audit contractors, as identified in 42 U.S.C. § 1396a(a)(42)(B) , be paid on a contingent fee basis by submitting an amendment to the Medicaid state plan to implement the requirements of this section. (2) (A) Except as under subdivision (c)(2)(B) of this section, this section does not apply to: (i) A contract with a Medicaid integrity audit contractor entered into before the state plan amendment is approved by the Centers for Medicare & Medicaid Services; or (ii) An existing contingent fee contract entered into before July 1, 2013. (B) An existing contingent fee contract shall not be renewed from and after July 1, 2013, April 11, 2013, or the date a waiver from the Centers for Medicare & Medicaid Services becomes effective, whichever is later.

(1) Within forty-five (45) days after April 11, 2013, the division shall seek a waiver from the Centers for Medicare & Medicaid Services of the requirement that recovery audit contractors, as identified in 42 U.S.C. § 1396a(a)(42)(B) , be paid on a contingent fee basis by submitting an amendment to the Medicaid state plan to implement the requirements of this section.

(2) (A) Except as under subdivision (c)(2)(B) of this section, this section does not apply to: (i) A contract with a Medicaid integrity audit contractor entered into before the state plan amendment is approved by the Centers for Medicare & Medicaid Services; or (ii) An existing contingent fee contract entered into before July 1, 2013. (B) An existing contingent fee contract shall not be renewed from and after July 1, 2013, April 11, 2013, or the date a waiver from the Centers for Medicare & Medicaid Services becomes effective, whichever is later.

(A) Except as under subdivision (c)(2)(B) of this section, this section does not apply to: (i) A contract with a Medicaid integrity audit contractor entered into before the state plan amendment is approved by the Centers for Medicare & Medicaid Services; or (ii) An existing contingent fee contract entered into before July 1, 2013.

(i) A contract with a Medicaid integrity audit contractor entered into before the state plan amendment is approved by the Centers for Medicare & Medicaid Services; or

(ii) An existing contingent fee contract entered into before July 1, 2013.

(B) An existing contingent fee contract shall not be renewed from and after July 1, 2013, April 11, 2013, or the date a waiver from the Centers for Medicare & Medicaid Services becomes effective, whichever is later.

Added by Act 2013, No. 1109,§ 1, eff. 4/11/2013.
Ark. Code Ann. § 20-20-220 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-220
Subpoenas authorized
Status: in_force

The State Plant Board may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records anywhere in this state in any hearing affecting the authority or privilege granted by a license, certification, or permit issued under this subchapter. Acts 1975, No. 389, § 20; A.S.A. 1947, § 77-270.

The State Plant Board may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records anywhere in this state in any hearing affecting the authority or privilege granted by a license, certification, or permit issued under this subchapter.

Acts 1975, No. 389, § 20; A.S.A. 1947, § 77-270.
Ark. Code Ann. § 20-9-502 — AR Code / Title 20 / Chapter 9 / Subchapter 5 / Section 20-9-502
Liability of committee members
Status: in_force

(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice or fraud. (b) This subchapter shall not be construed to confer immunity from liability on any professional association or upon any health professional while performing services other than as a member of a peer review committee. Acts 1975, No. 191, §§ 2, 3; A.S.A. 1947, §§ 82-3202, 82-3203.

(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice or fraud.

(b) This subchapter shall not be construed to confer immunity from liability on any professional association or upon any health professional while performing services other than as a member of a peer review committee.

Acts 1975, No. 191, §§ 2, 3; A.S.A. 1947, §§ 82-3202, 82-3203.
Ark. Code Ann. § 20-22-506 — AR Code / Title 20 / Chapter 22 / Subchapter 5 / Section 20-22-506
Fire alarms
Status: in_force

(a) Every hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall also be equipped with a fire alarm system conforming to the minimum requirements of the Arkansas Fire Prevention Code. (b) The fire alarm system shall consist of at least one (1) bell or warning device on each floor so situated as to provide a clearly audible warning to persons in every room on the floor. Acts 1971, No. 239, § 3; A.S.A. 1947, § 82-827.

(a) Every hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall also be equipped with a fire alarm system conforming to the minimum requirements of the Arkansas Fire Prevention Code.

(b) The fire alarm system shall consist of at least one (1) bell or warning device on each floor so situated as to provide a clearly audible warning to persons in every room on the floor.

Acts 1971, No. 239, § 3; A.S.A. 1947, § 82-827.
Ark. Code Ann. § 20-48-901 — AR Code / Title 20 / Chapter 48 / Subchapter 9 / Section 20-48-901
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Gross receipts" means all compensation paid to intermediate care facilities for individuals with intellectual and developmental disabilities for services provided to residents, including without limitation client participation. (B) "Gross receipts" does not include charitable contributions; (2) (A) "Intermediate care facility for individuals with intellectual and developmental disabilities" means a residential institution maintained for the care and training of persons with intellectual and developmental disabilities. (B) "Intermediate care facility for individuals with intellectual and developmental disabilities" does not include: (i) Offices of private physicians and surgeons; (ii) Residential care facilities; (iii) Assisted living facilities; (iv) Hospitals; (v) Institutions operated by the United States Government; (vi) Life care facilities; (vii) Nursing facilities; or (viii) A facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of a recognized religious denomination; and (3) "Medicaid" means the medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as it existed on January 1, 2009, and administered by the Division of Medical Services. Amended by Act 2019, No. 1035,§ 39, eff. 7/24/2019. Acts 2009, No. 433, § 1.

As used in this subchapter:

(1) (A) "Gross receipts" means all compensation paid to intermediate care facilities for individuals with intellectual and developmental disabilities for services provided to residents, including without limitation client participation. (B) "Gross receipts" does not include charitable contributions;

(A) "Gross receipts" means all compensation paid to intermediate care facilities for individuals with intellectual and developmental disabilities for services provided to residents, including without limitation client participation.

(B) "Gross receipts" does not include charitable contributions;

(2) (A) "Intermediate care facility for individuals with intellectual and developmental disabilities" means a residential institution maintained for the care and training of persons with intellectual and developmental disabilities. (B) "Intermediate care facility for individuals with intellectual and developmental disabilities" does not include: (i) Offices of private physicians and surgeons; (ii) Residential care facilities; (iii) Assisted living facilities; (iv) Hospitals; (v) Institutions operated by the United States Government; (vi) Life care facilities; (vii) Nursing facilities; or (viii) A facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of a recognized religious denomination; and

(A) "Intermediate care facility for individuals with intellectual and developmental disabilities" means a residential institution maintained for the care and training of persons with intellectual and developmental disabilities.

(B) "Intermediate care facility for individuals with intellectual and developmental disabilities" does not include: (i) Offices of private physicians and surgeons; (ii) Residential care facilities; (iii) Assisted living facilities; (iv) Hospitals; (v) Institutions operated by the United States Government; (vi) Life care facilities; (vii) Nursing facilities; or (viii) A facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of a recognized religious denomination; and

(i) Offices of private physicians and surgeons;

(ii) Residential care facilities;

(iii) Assisted living facilities;

(iv) Hospitals;

(v) Institutions operated by the United States Government;

(vi) Life care facilities;

(vii) Nursing facilities; or

(viii) A facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of a recognized religious denomination; and

(3) "Medicaid" means the medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as it existed on January 1, 2009, and administered by the Division of Medical Services.

Amended by Act 2019, No. 1035,§ 39, eff. 7/24/2019.

Acts 2009, No. 433, § 1.
Ark. Code Ann. § 20-8-202 — AR Code / Title 20 / Chapter 8 / Subchapter 2 / Section 20-8-202
Creation - Members
Status: in_force

(a) There is established the Arkansas Spinal Cord Commission, to consist of five (5) members to be appointed by the Governor from the state at large for terms of ten (10) years and confirmed by the Senate, as provided by law. The members of the commission shall be either spinal cord injured victims themselves, members of the immediate families of spinal cord injured victims, or persons with special knowledge of and experience with spinal cord injuries and dysfunctions who have demonstrated active involvement and interest in the fight against death and disability due to spinal cord injury and dysfunction. (b) Members of the commission shall serve until their successors are appointed and confirmed. (c) If a vacancy occurs on the commission due to death, resignation, or other cause, the vacancy shall be filled by appointment of the Governor of a person eligible for the initial appointment as set forth in this section, to serve for the remainder of the unexpired portion of the term of the member. (d) (1) The commission shall select a disbursing officer of funds appropriated to the commission. All expenditures shall be approved by the chair of the commission before their disbursement. (2) The commission shall annually elect one (1) of its members as chair and one (1) of its members as vice chair, and other officers as the commission deems necessary. (e) Members of the commission shall serve without pay but shall be reimbursed from commission funds, if available, for reasonable and necessary expenses incurred in attending to commission business, in the same manner and in accordance with the same conditions, restrictions, and limitations as are applicable to employees of the state. (f) Members of the commission shall qualify by taking the oath of office as prescribed by law. (g) The commission shall meet at least one (1) time each calendar quarter and at such other times as may be designated by the commission's rules, or upon call by the chair or by the written request of any four (4) members. (h) (1) From time to time, the commission may create advisory committees as are deemed necessary to assist the commission in formulating policies, effectuating and reviewing operating procedures, and for such other purposes as the commission may deem appropriate. (2) The members of the advisory committees shall serve without pay, but the commission may reimburse members of the advisory committees for expenses in accordance with § 25-16-901 et seq. if sufficient funds are available. Acts 1975, No. 311, §§ 2, 3; 1977, No. 428, § 1; A.S.A. 1947, §§ 82-3302, 82-3303; Acts 1987, No. 263, §§ 1, 2; 1993, No. 1154, § 1; 1997, No. 250, § 180.

(a) There is established the Arkansas Spinal Cord Commission, to consist of five (5) members to be appointed by the Governor from the state at large for terms of ten (10) years and confirmed by the Senate, as provided by law. The members of the commission shall be either spinal cord injured victims themselves, members of the immediate families of spinal cord injured victims, or persons with special knowledge of and experience with spinal cord injuries and dysfunctions who have demonstrated active involvement and interest in the fight against death and disability due to spinal cord injury and dysfunction.

(b) Members of the commission shall serve until their successors are appointed and confirmed.

(c) If a vacancy occurs on the commission due to death, resignation, or other cause, the vacancy shall be filled by appointment of the Governor of a person eligible for the initial appointment as set forth in this section, to serve for the remainder of the unexpired portion of the term of the member.

(d) (1) The commission shall select a disbursing officer of funds appropriated to the commission. All expenditures shall be approved by the chair of the commission before their disbursement. (2) The commission shall annually elect one (1) of its members as chair and one (1) of its members as vice chair, and other officers as the commission deems necessary.

(1) The commission shall select a disbursing officer of funds appropriated to the commission. All expenditures shall be approved by the chair of the commission before their disbursement.

(2) The commission shall annually elect one (1) of its members as chair and one (1) of its members as vice chair, and other officers as the commission deems necessary.

(e) Members of the commission shall serve without pay but shall be reimbursed from commission funds, if available, for reasonable and necessary expenses incurred in attending to commission business, in the same manner and in accordance with the same conditions, restrictions, and limitations as are applicable to employees of the state.

(f) Members of the commission shall qualify by taking the oath of office as prescribed by law.

(g) The commission shall meet at least one (1) time each calendar quarter and at such other times as may be designated by the commission's rules, or upon call by the chair or by the written request of any four (4) members.

(h) (1) From time to time, the commission may create advisory committees as are deemed necessary to assist the commission in formulating policies, effectuating and reviewing operating procedures, and for such other purposes as the commission may deem appropriate. (2) The members of the advisory committees shall serve without pay, but the commission may reimburse members of the advisory committees for expenses in accordance with § 25-16-901 et seq. if sufficient funds are available.

(1) From time to time, the commission may create advisory committees as are deemed necessary to assist the commission in formulating policies, effectuating and reviewing operating procedures, and for such other purposes as the commission may deem appropriate.

(2) The members of the advisory committees shall serve without pay, but the commission may reimburse members of the advisory committees for expenses in accordance with § 25-16-901 et seq. if sufficient funds are available.

Acts 1975, No. 311, §§ 2, 3; 1977, No. 428, § 1; A.S.A. 1947, §§ 82-3302, 82-3303; Acts 1987, No. 263, §§ 1, 2; 1993, No. 1154, § 1; 1997, No. 250, § 180.
Ark. Code Ann. § 20-27-905 — AR Code / Title 20 / Chapter 27 / Subchapter 9 / Section 20-27-905
Nonliability of employees
Status: in_force

No liability under this subchapter is created for workers who are employees of a contractor, subcontractor, material supplier, or other employer responsible for compliance with this subchapter. Acts 1973, No. 117, § 4; A.S.A. 1947, § 82-735.

No liability under this subchapter is created for workers who are employees of a contractor, subcontractor, material supplier, or other employer responsible for compliance with this subchapter.

Acts 1973, No. 117, § 4; A.S.A. 1947, § 82-735.
Ark. Code Ann. § 20-56-403 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-403
[See Note] Construction
Status: in_force

(a) A hemp-derived product shall not be delivered, sold, bought, or used in this state except in conformity with all applicable laws and regulations, including this subchapter and any rules promulgated under this subchapter. (b) A person shall not sell a hemp-derived product without being permitted by Arkansas Tobacco Control. (c) A product intended for human consumption or inhalation that is derived from hemp and contains tetrahydrocannabinol shall not be permitted or allowed under the laws of this state, other than hemp-derived products if otherwise legal under state law. (d) (1) A hemp-derived product shall not be combined with or contain any of the following: (A) Any liquid, hydrocolloid, animal-based substance, thickener, sweetener, flavoring, synthetic product, propylene glycol, vegetable glycerin, or other non-hemp-derived substance; (B) Nicotine or tobacco; or (C) Any amount of tetrahydrocannabinol as to create a danger of misuse, overdose, accidental overconsumption, inaccurate dosage, or other risk to the public. (2) Medical devices, prescription drugs, or drugs otherwise approved by the United States Food and Drug Administration shall not be considered hemp-derived products. (e) The business of handling, receiving, possessing, storing, distributing, taking orders for, soliciting orders of, selling, offering for sale, and dealing in, through sale, barter, or exchange, hemp-derived products is declared to be a privilege under the Arkansas Constitution and laws of the State of Arkansas. 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 hemp-derived product shall not be delivered, sold, bought, or used in this state except in conformity with all applicable laws and regulations, including this subchapter and any rules promulgated under this subchapter.

(b) A person shall not sell a hemp-derived product without being permitted by Arkansas Tobacco Control.

(c) A product intended for human consumption or inhalation that is derived from hemp and contains tetrahydrocannabinol shall not be permitted or allowed under the laws of this state, other than hemp-derived products if otherwise legal under state law.

(d) (1) A hemp-derived product shall not be combined with or contain any of the following: (A) Any liquid, hydrocolloid, animal-based substance, thickener, sweetener, flavoring, synthetic product, propylene glycol, vegetable glycerin, or other non-hemp-derived substance; (B) Nicotine or tobacco; or (C) Any amount of tetrahydrocannabinol as to create a danger of misuse, overdose, accidental overconsumption, inaccurate dosage, or other risk to the public. (2) Medical devices, prescription drugs, or drugs otherwise approved by the United States Food and Drug Administration shall not be considered hemp-derived products.

(1) A hemp-derived product shall not be combined with or contain any of the following: (A) Any liquid, hydrocolloid, animal-based substance, thickener, sweetener, flavoring, synthetic product, propylene glycol, vegetable glycerin, or other non-hemp-derived substance; (B) Nicotine or tobacco; or (C) Any amount of tetrahydrocannabinol as to create a danger of misuse, overdose, accidental overconsumption, inaccurate dosage, or other risk to the public.

(A) Any liquid, hydrocolloid, animal-based substance, thickener, sweetener, flavoring, synthetic product, propylene glycol, vegetable glycerin, or other non-hemp-derived substance;

(B) Nicotine or tobacco; or

(C) Any amount of tetrahydrocannabinol as to create a danger of misuse, overdose, accidental overconsumption, inaccurate dosage, or other risk to the public.

(2) Medical devices, prescription drugs, or drugs otherwise approved by the United States Food and Drug Administration shall not be considered hemp-derived products.

(e) The business of handling, receiving, possessing, storing, distributing, taking orders for, soliciting orders of, selling, offering for sale, and dealing in, through sale, barter, or exchange, hemp-derived products is declared to be a privilege under the Arkansas Constitution and laws of the State of Arkansas.

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. § 20-38-104 — AR Code / Title 20 / Chapter 38 / Section 20-38-104
Request for criminal history records checks - Requirement
Status: in_force

(a) A request for a state criminal history records check on a person shall include a completed statement that: (1) Contains the name, address, and date of birth appearing on a valid identification document issued by a government entity to the person who is the subject of the state criminal history records check; (2) Indicates whether the person has been found guilty of or pleaded guilty or nolo contendere to a crime and, if so, includes a description of the crime and the particulars of the finding of guilt or the plea; (3) Notifies the person that a service provider may conduct national criminal history records checks, state criminal history records checks, and registry records checks on the person; (4) Provides the consent of the person who is the subject of the state criminal history records check to disclosure of checks, reports, and determinations under this subchapter; (5) Informs the person how to object to the content of reports; and (6) (A) Contains the signature of the person who is the subject of the state criminal history records check. (B) Under § 25-32-107(d) , the subject of the background check may submit an electronic signature to complete the state criminal history records check. (b) (1) A request for a national criminal history records check on a person shall conform to applicable federal standards and shall include a complete set of fingerprints. (2) The Identification Bureau of the Division of Arkansas State Police may maintain fingerprints submitted for a national criminal history records check in an automated fingerprint identification system. Amended by Act 2023, No. 186,§ 2, eff. 3/2/2023. Acts 2009, No. 762, § 4.

(a) A request for a state criminal history records check on a person shall include a completed statement that: (1) Contains the name, address, and date of birth appearing on a valid identification document issued by a government entity to the person who is the subject of the state criminal history records check; (2) Indicates whether the person has been found guilty of or pleaded guilty or nolo contendere to a crime and, if so, includes a description of the crime and the particulars of the finding of guilt or the plea; (3) Notifies the person that a service provider may conduct national criminal history records checks, state criminal history records checks, and registry records checks on the person; (4) Provides the consent of the person who is the subject of the state criminal history records check to disclosure of checks, reports, and determinations under this subchapter; (5) Informs the person how to object to the content of reports; and (6) (A) Contains the signature of the person who is the subject of the state criminal history records check. (B) Under § 25-32-107(d) , the subject of the background check may submit an electronic signature to complete the state criminal history records check.

(1) Contains the name, address, and date of birth appearing on a valid identification document issued by a government entity to the person who is the subject of the state criminal history records check;

(2) Indicates whether the person has been found guilty of or pleaded guilty or nolo contendere to a crime and, if so, includes a description of the crime and the particulars of the finding of guilt or the plea;

(3) Notifies the person that a service provider may conduct national criminal history records checks, state criminal history records checks, and registry records checks on the person;

(4) Provides the consent of the person who is the subject of the state criminal history records check to disclosure of checks, reports, and determinations under this subchapter;

(5) Informs the person how to object to the content of reports; and

(6) (A) Contains the signature of the person who is the subject of the state criminal history records check. (B) Under § 25-32-107(d) , the subject of the background check may submit an electronic signature to complete the state criminal history records check.

(A) Contains the signature of the person who is the subject of the state criminal history records check.

(B) Under § 25-32-107(d) , the subject of the background check may submit an electronic signature to complete the state criminal history records check.

(b) (1) A request for a national criminal history records check on a person shall conform to applicable federal standards and shall include a complete set of fingerprints. (2) The Identification Bureau of the Division of Arkansas State Police may maintain fingerprints submitted for a national criminal history records check in an automated fingerprint identification system.

(1) A request for a national criminal history records check on a person shall conform to applicable federal standards and shall include a complete set of fingerprints.

(2) The Identification Bureau of the Division of Arkansas State Police may maintain fingerprints submitted for a national criminal history records check in an automated fingerprint identification system.

Amended by Act 2023, No. 186,§ 2, eff. 3/2/2023.

Acts 2009, No. 762, § 4.
Ark. Code Ann. § 20-20-210 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-210
Licenses - Noncommercial applicators
Status: in_force

(a) In General. (1) No noncommercial applicator shall use, supervise the use of, or demonstrate the use of a restricted-use pesticide without a noncommercial applicator's license issued by the State Plant Board. (2) Application for the license shall be made on forms obtained from the board and shall contain information regarding the applicant's qualifications, the proposed operation, the license classification applied for, and the full name of the individual qualified or to be qualified by passing the examination described in § 20-20-209(b) . (3) If the board finds the applicant qualified to apply pesticides in the classifications applied for and if the applicant has paid testing and license fees required by rule, the board shall issue a noncommercial applicator's license limited to the activities and classifications applied for. (4) The license shall expire December 31 of each year unless it has been suspended or revoked prior thereto by the board for cause. (5) A license shall be automatically invalidated if a noncommercial applicator is at any time or for any reason left without an individual qualified under this section. (6) If the board does not qualify the noncommercial applicator under this section, the board shall inform the applicant in writing of the reasons therefor. (7) (A) Fees may be waived for state, municipal, or other governmental agencies and their designated employees qualifying by examination. (B) Noncommercial applicators shall be subject to legal recourse by any person damaged as the result of the application of any pesticide by the applicator. (C) The violation of any of the provisions of this subchapter by any noncommercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and such negligence shall be imputable as provided by existing law. (b) License Renewal. The board may renew the applicant's license under the classifications for which the applicant is licensed, subject to reexamination for any additional knowledge that may be required to ensure a continuing level of competence and ability to use restricted-use pesticides safely and properly due to changing technology. (c) Exemption. This section shall not apply to persons conducting laboratory research involving restricted-use pesticide and doctors of medicine and doctors of veterinary medicine applying restricted-use pesticides as drugs or medication during the course of their normal practice. Amended by Act 2019, No. 315,§ 1990, eff. 7/24/2019. Acts 1975, No. 389, § 9; A.S.A. 1947, § 77-259.

(a) In General. (1) No noncommercial applicator shall use, supervise the use of, or demonstrate the use of a restricted-use pesticide without a noncommercial applicator's license issued by the State Plant Board. (2) Application for the license shall be made on forms obtained from the board and shall contain information regarding the applicant's qualifications, the proposed operation, the license classification applied for, and the full name of the individual qualified or to be qualified by passing the examination described in § 20-20-209(b) . (3) If the board finds the applicant qualified to apply pesticides in the classifications applied for and if the applicant has paid testing and license fees required by rule, the board shall issue a noncommercial applicator's license limited to the activities and classifications applied for. (4) The license shall expire December 31 of each year unless it has been suspended or revoked prior thereto by the board for cause. (5) A license shall be automatically invalidated if a noncommercial applicator is at any time or for any reason left without an individual qualified under this section. (6) If the board does not qualify the noncommercial applicator under this section, the board shall inform the applicant in writing of the reasons therefor. (7) (A) Fees may be waived for state, municipal, or other governmental agencies and their designated employees qualifying by examination. (B) Noncommercial applicators shall be subject to legal recourse by any person damaged as the result of the application of any pesticide by the applicator. (C) The violation of any of the provisions of this subchapter by any noncommercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and such negligence shall be imputable as provided by existing law.

(1) No noncommercial applicator shall use, supervise the use of, or demonstrate the use of a restricted-use pesticide without a noncommercial applicator's license issued by the State Plant Board.

(2) Application for the license shall be made on forms obtained from the board and shall contain information regarding the applicant's qualifications, the proposed operation, the license classification applied for, and the full name of the individual qualified or to be qualified by passing the examination described in § 20-20-209(b) .

(3) If the board finds the applicant qualified to apply pesticides in the classifications applied for and if the applicant has paid testing and license fees required by rule, the board shall issue a noncommercial applicator's license limited to the activities and classifications applied for.

(4) The license shall expire December 31 of each year unless it has been suspended or revoked prior thereto by the board for cause.

(5) A license shall be automatically invalidated if a noncommercial applicator is at any time or for any reason left without an individual qualified under this section.

(6) If the board does not qualify the noncommercial applicator under this section, the board shall inform the applicant in writing of the reasons therefor.

(7) (A) Fees may be waived for state, municipal, or other governmental agencies and their designated employees qualifying by examination. (B) Noncommercial applicators shall be subject to legal recourse by any person damaged as the result of the application of any pesticide by the applicator. (C) The violation of any of the provisions of this subchapter by any noncommercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and such negligence shall be imputable as provided by existing law.

(A) Fees may be waived for state, municipal, or other governmental agencies and their designated employees qualifying by examination.

(B) Noncommercial applicators shall be subject to legal recourse by any person damaged as the result of the application of any pesticide by the applicator.

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

(b) License Renewal. The board may renew the applicant's license under the classifications for which the applicant is licensed, subject to reexamination for any additional knowledge that may be required to ensure a continuing level of competence and ability to use restricted-use pesticides safely and properly due to changing technology.

(c) Exemption. This section shall not apply to persons conducting laboratory research involving restricted-use pesticide and doctors of medicine and doctors of veterinary medicine applying restricted-use pesticides as drugs or medication during the course of their normal practice.

Amended by Act 2019, No. 315,§ 1990, eff. 7/24/2019.

Acts 1975, No. 389, § 9; A.S.A. 1947, § 77-259.
Ark. Code Ann. § 20-7-409 — AR Code / Title 20 / Chapter 7 / Subchapter 4 / Section 20-7-409
State Board of Health Public Health Laboratory Construction Fund
Status: in_force

The proceeds of the loan other than amounts required to establish reserves, to pay interest on the loan for a period not to exceed one (1) year, or to pay costs of the loan and of issuing bonds, all of which shall be set forth in written directions executed by the Secretary of the Department of Health, shall be deposited as cash funds into an account of the State Board of Health designated the "State Board of Health Public Health Laboratory Construction Fund" and disbursed by the secretary for the construction of the expansion. Amended by Act 2019, No. 910,§ 4949, eff. 7/1/2019. Acts 2003, No. 1723, § 9.

The proceeds of the loan other than amounts required to establish reserves, to pay interest on the loan for a period not to exceed one (1) year, or to pay costs of the loan and of issuing bonds, all of which shall be set forth in written directions executed by the Secretary of the Department of Health, shall be deposited as cash funds into an account of the State Board of Health designated the "State Board of Health Public Health Laboratory Construction Fund" and disbursed by the secretary for the construction of the expansion.

Amended by Act 2019, No. 910,§ 4949, eff. 7/1/2019.

Acts 2003, No. 1723, § 9.
Ark. Code Ann. § 20-59-505 — AR Code / Title 20 / Chapter 59 / Subchapter 5 / Section 20-59-505
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019. Acts 1981, No. 506, §§ 15, 18, 19; A.S.A. 1947, §§ 82-4030, 82-4033, 82-4034.

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019.

Acts 1981, No. 506, §§ 15, 18, 19; A.S.A. 1947, §§ 82-4030, 82-4033, 82-4034.
Ark. Code Ann. § 20-77-901 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-901
Definitions
Status: in_force

As used in this subchapter: (1) "Arkansas Medicaid Program" means the program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of aged, blind, or disabled individuals whose income and resources are insufficient to meet the cost of necessary medical services, including all transactions through the actual delivery of healthcare goods or services to a Medicaid recipient regardless of whether the healthcare goods or services are paid for directly by the Department of Human Services or indirectly through a fiscal agent, contractor, subcontractor, risk-based provider organization, managed care organization, or individual; (2) (A) "Claim" means any request or demand for money or property, regardless of whether under a contract, that: (i) Is presented to an officer, employee, agent, or fiscal agent of the Arkansas Medicaid Program; and (ii) Is made to a contractor, grantee, or other recipient if: (a) The money or property is spent or used on behalf of the Arkansas Medicaid Program or to advance the Arkansas Medicaid Program or its interest; and (b) The Arkansas Medicaid Program: (1) Provides or has provided any portion of the money or property requested or demanded; or (2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded. (B) "Claim" includes: (i) Billing documentation; (ii) All documentation required to be created or maintained by law or rule to justify, support, or document the delivery of healthcare goods or services to a Medicaid recipient; (iii) All documentation submitted to justify or help establish a unit rate, capitated rate, or other method of determining what is to be paid for healthcare goods or services delivered to Medicaid recipients; and (iv) All transactions in payment for healthcare goods or services delivered or claimed to have been delivered to Medicaid recipients under the Arkansas Medicaid Program regardless of whether the State of Arkansas has title to the money or property or has transferred responsibility for delivering healthcare services to another legal entity; (3) "Damages" means the actual loss to the Arkansas Medicaid Program and its fiscal agents, including the total amount of all claims paid as a result of any false claim and the value of healthcare goods or services paid for but not delivered to a Medicaid recipient; (4) "Fiscal agent" means any individual, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity that receives, processes, or pays claims for the delivery of healthcare goods and services to Medicaid recipients under the Arkansas Medicaid Program; (5) (A) "Knowing" or "knowingly" means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. (B) "Knowing" or "knowingly" does not require proof of a specific intent to defraud; (6) "Managed care organization" means a health insurer, Medicaid provider, or other business entity authorized by state law or through a contract with the state to receive a fixed or capitated rate or fee to manage all or a portion of the delivery of healthcare goods or services to Medicaid recipients; (7) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property; (8) (A) "Medicaid provider" means a person, business organization, risk-based provider organization, or managed care organization that delivers, purports to deliver, or arranges for the delivery of healthcare goods or services to a Medicaid recipient under the Arkansas Medicaid Program. (B) "Medicaid provider" includes an employee, agent, representative, contractor, or subcontractor of a person, business organization, risk-based provider organization, or managed care organization; (9) "Medicaid recipient" means any individual on whose behalf any person claimed or received any payment or payments from the Arkansas Medicaid Program or its fiscal agents, whether or not the individual was eligible for benefits under the Arkansas Medicaid Program; (10) "Obligation" means an established duty arising from: (A) An express or implied contract, grantor-grantee, or licensor-licensee relationship; (B) A fee-based or similar relationship; (C) State law or rule; (D) Federal law or regulation; or (E) Retention of any overpayment not returned within sixty (60) days from the date of discovery by the provider; (11) "Person" means any: (A) Medicaid provider of goods or services or any employee, independent contractor, or subcontractor of the Medicaid provider, whether that provider be an individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity; or (B) Individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, or any employee of any individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, not a Medicaid provider under the Arkansas Medicaid Program but that provides goods or services to a Medicaid provider under the Arkansas Medicaid Program for which the Medicaid provider submits claims to the Arkansas Medicaid Program or its fiscal agents; and (12) (A) "Records" means all documents in any form that disclose the nature, extent, and level of healthcare goods and services provided to Medicaid recipients. (B) "Records" includes X-rays, magnetic resonance imaging scans, computed tomography scans, computed axial tomography scans, and other diagnostic imaging commonly used and retained as part of the medical records of a patient. Amended by Act 2017, No. 978,§ 9, eff. 8/1/2017. Acts 1993, No. 1299, § 1; 1999, No. 1544, § 6; 2003, No. 1473, § 46.

As used in this subchapter:

(1) "Arkansas Medicaid Program" means the program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of aged, blind, or disabled individuals whose income and resources are insufficient to meet the cost of necessary medical services, including all transactions through the actual delivery of healthcare goods or services to a Medicaid recipient regardless of whether the healthcare goods or services are paid for directly by the Department of Human Services or indirectly through a fiscal agent, contractor, subcontractor, risk-based provider organization, managed care organization, or individual;

(2) (A) "Claim" means any request or demand for money or property, regardless of whether under a contract, that: (i) Is presented to an officer, employee, agent, or fiscal agent of the Arkansas Medicaid Program; and (ii) Is made to a contractor, grantee, or other recipient if: (a) The money or property is spent or used on behalf of the Arkansas Medicaid Program or to advance the Arkansas Medicaid Program or its interest; and (b) The Arkansas Medicaid Program: (1) Provides or has provided any portion of the money or property requested or demanded; or (2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded. (B) "Claim" includes: (i) Billing documentation; (ii) All documentation required to be created or maintained by law or rule to justify, support, or document the delivery of healthcare goods or services to a Medicaid recipient; (iii) All documentation submitted to justify or help establish a unit rate, capitated rate, or other method of determining what is to be paid for healthcare goods or services delivered to Medicaid recipients; and (iv) All transactions in payment for healthcare goods or services delivered or claimed to have been delivered to Medicaid recipients under the Arkansas Medicaid Program regardless of whether the State of Arkansas has title to the money or property or has transferred responsibility for delivering healthcare services to another legal entity;

(A) "Claim" means any request or demand for money or property, regardless of whether under a contract, that: (i) Is presented to an officer, employee, agent, or fiscal agent of the Arkansas Medicaid Program; and (ii) Is made to a contractor, grantee, or other recipient if: (a) The money or property is spent or used on behalf of the Arkansas Medicaid Program or to advance the Arkansas Medicaid Program or its interest; and (b) The Arkansas Medicaid Program: (1) Provides or has provided any portion of the money or property requested or demanded; or (2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.

(i) Is presented to an officer, employee, agent, or fiscal agent of the Arkansas Medicaid Program; and

(ii) Is made to a contractor, grantee, or other recipient if: (a) The money or property is spent or used on behalf of the Arkansas Medicaid Program or to advance the Arkansas Medicaid Program or its interest; and (b) The Arkansas Medicaid Program: (1) Provides or has provided any portion of the money or property requested or demanded; or (2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.

(a) The money or property is spent or used on behalf of the Arkansas Medicaid Program or to advance the Arkansas Medicaid Program or its interest; and

(b) The Arkansas Medicaid Program: (1) Provides or has provided any portion of the money or property requested or demanded; or (2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.

(1) Provides or has provided any portion of the money or property requested or demanded; or

(2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.

(B) "Claim" includes: (i) Billing documentation; (ii) All documentation required to be created or maintained by law or rule to justify, support, or document the delivery of healthcare goods or services to a Medicaid recipient; (iii) All documentation submitted to justify or help establish a unit rate, capitated rate, or other method of determining what is to be paid for healthcare goods or services delivered to Medicaid recipients; and (iv) All transactions in payment for healthcare goods or services delivered or claimed to have been delivered to Medicaid recipients under the Arkansas Medicaid Program regardless of whether the State of Arkansas has title to the money or property or has transferred responsibility for delivering healthcare services to another legal entity;

(i) Billing documentation;

(ii) All documentation required to be created or maintained by law or rule to justify, support, or document the delivery of healthcare goods or services to a Medicaid recipient;

(iii) All documentation submitted to justify or help establish a unit rate, capitated rate, or other method of determining what is to be paid for healthcare goods or services delivered to Medicaid recipients; and

(iv) All transactions in payment for healthcare goods or services delivered or claimed to have been delivered to Medicaid recipients under the Arkansas Medicaid Program regardless of whether the State of Arkansas has title to the money or property or has transferred responsibility for delivering healthcare services to another legal entity;

(3) "Damages" means the actual loss to the Arkansas Medicaid Program and its fiscal agents, including the total amount of all claims paid as a result of any false claim and the value of healthcare goods or services paid for but not delivered to a Medicaid recipient;

(4) "Fiscal agent" means any individual, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity that receives, processes, or pays claims for the delivery of healthcare goods and services to Medicaid recipients under the Arkansas Medicaid Program;

(5) (A) "Knowing" or "knowingly" means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. (B) "Knowing" or "knowingly" does not require proof of a specific intent to defraud;

(A) "Knowing" or "knowingly" means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information.

(B) "Knowing" or "knowingly" does not require proof of a specific intent to defraud;

(6) "Managed care organization" means a health insurer, Medicaid provider, or other business entity authorized by state law or through a contract with the state to receive a fixed or capitated rate or fee to manage all or a portion of the delivery of healthcare goods or services to Medicaid recipients;

(7) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property;

(8) (A) "Medicaid provider" means a person, business organization, risk-based provider organization, or managed care organization that delivers, purports to deliver, or arranges for the delivery of healthcare goods or services to a Medicaid recipient under the Arkansas Medicaid Program. (B) "Medicaid provider" includes an employee, agent, representative, contractor, or subcontractor of a person, business organization, risk-based provider organization, or managed care organization;

(A) "Medicaid provider" means a person, business organization, risk-based provider organization, or managed care organization that delivers, purports to deliver, or arranges for the delivery of healthcare goods or services to a Medicaid recipient under the Arkansas Medicaid Program.

(B) "Medicaid provider" includes an employee, agent, representative, contractor, or subcontractor of a person, business organization, risk-based provider organization, or managed care organization;

(9) "Medicaid recipient" means any individual on whose behalf any person claimed or received any payment or payments from the Arkansas Medicaid Program or its fiscal agents, whether or not the individual was eligible for benefits under the Arkansas Medicaid Program;

(10) "Obligation" means an established duty arising from: (A) An express or implied contract, grantor-grantee, or licensor-licensee relationship; (B) A fee-based or similar relationship; (C) State law or rule; (D) Federal law or regulation; or (E) Retention of any overpayment not returned within sixty (60) days from the date of discovery by the provider;

(A) An express or implied contract, grantor-grantee, or licensor-licensee relationship;

(B) A fee-based or similar relationship;

(C) State law or rule;

(D) Federal law or regulation; or

(E) Retention of any overpayment not returned within sixty (60) days from the date of discovery by the provider;

(11) "Person" means any: (A) Medicaid provider of goods or services or any employee, independent contractor, or subcontractor of the Medicaid provider, whether that provider be an individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity; or (B) Individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, or any employee of any individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, not a Medicaid provider under the Arkansas Medicaid Program but that provides goods or services to a Medicaid provider under the Arkansas Medicaid Program for which the Medicaid provider submits claims to the Arkansas Medicaid Program or its fiscal agents; and

(A) Medicaid provider of goods or services or any employee, independent contractor, or subcontractor of the Medicaid provider, whether that provider be an individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity; or

(B) Individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, or any employee of any individual, individual medical vendor, firm, corporation, professional association, partnership, organization, risk-based provider organization, managed care organization, or other legal entity, not a Medicaid provider under the Arkansas Medicaid Program but that provides goods or services to a Medicaid provider under the Arkansas Medicaid Program for which the Medicaid provider submits claims to the Arkansas Medicaid Program or its fiscal agents; and

(12) (A) "Records" means all documents in any form that disclose the nature, extent, and level of healthcare goods and services provided to Medicaid recipients. (B) "Records" includes X-rays, magnetic resonance imaging scans, computed tomography scans, computed axial tomography scans, and other diagnostic imaging commonly used and retained as part of the medical records of a patient.

(A) "Records" means all documents in any form that disclose the nature, extent, and level of healthcare goods and services provided to Medicaid recipients.

(B) "Records" includes X-rays, magnetic resonance imaging scans, computed tomography scans, computed axial tomography scans, and other diagnostic imaging commonly used and retained as part of the medical records of a patient.

Amended by Act 2017, No. 978,§ 9, eff. 8/1/2017.

Acts 1993, No. 1299, § 1; 1999, No. 1544, § 6; 2003, No. 1473, § 46.
Ark. Code Ann. § 20-59-236 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-236
Unlawful acts - Removal of label
Status: in_force

It shall be unlawful for any person, firm, or corporation to remove or deface the required labeling on skim milk cheese except as is unavoidable in its final sale. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful for any person, firm, or corporation to remove or deface the required labeling on skim milk cheese except as is unavoidable in its final sale.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-47-505 — AR Code / Title 20 / Chapter 47 / Subchapter 5 / Section 20-47-505
Child and Adolescent Service System Program Coordinating Council
Status: in_force

(a) (1) There is created a Child and Adolescent Service System Program Coordinating Council that shall meet on a quarterly basis and at other times deemed necessary to perform its functions. (2) The council shall include the following persons to be selected and appointed by the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Human Services: (A) At least three (3) parents, parent surrogates, or family members of a child or children with emotional disturbance; (B) A member of an ethnic minority; (C) A child advocate; (D) Child and Adolescent Service System Program coordinators from each of the certified community mental health centers; (E) (i) One (1) or more representatives from specific divisions or agencies in the Department of Human Services and the Division of Elementary and Secondary Education. (ii) Each representative shall have official duties related to the delivery of behavioral health services for children and adolescents with emotional disturbances. (iii) Specific designations of membership of the council shall be determined through interdepartmental and intradepartmental agreements that will be renewed on an annual basis; and (F) (i) At least seven (7) representatives from private or public agencies or organizations that are stakeholders in behavioral health services for children and adolescents with emotional disturbances. (ii) The commissioner and the secretary shall jointly appoint an appropriate number of stakeholders. (b) The council shall: (1) Advise and report to the commissioner and the secretary on matters of policy and programs related to children with emotional disturbances and their families; (2) Identify and recommend fiscal, policy, training, and program initiatives and revisions based on needs identified in the planning process; (3) Provide specific guidelines for the development of regional services and plans based on the guiding principles of the system of care; (4) Review and approve regional plans developed by regional program teams and incorporate the regional plans into the statewide plan; (5) Ensure that mechanisms for accountability are developed and implemented; (6) Submit a statewide plan and budget recommendations to the commissioner and the secretary on or before March 15 of each even-numbered year thereafter preceding the legislative session; (7) Develop and recommend special projects to the commissioner and the secretary; (8) Provide a written report on a quarterly basis to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth that summarizes progress implementing this subchapter; (9) Establish guidelines and procedures for the voting membership, officers, and annual planning of both the council and the regional program planning teams which the council will review and update on an annual basis; and (10) Make recommendations for corrective action plans to the commissioner and the secretary in the event that a regional program planning team does not produce a timely regional plan that meets a plan of care or fails to implement the approved regional plan. Amended by Act 2019, No. 910,§ 5203, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5202, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5201, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5200, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2296, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2295, eff. 7/1/2019. Amended by Act 2013, No. 1132,§ 31, eff. 8/16/2013. Acts 1991, No. 964, § 5; 1997, No. 312, § 16; 2001, No. 1517, § 4; 2005, No. 2209, § 2.

(a) (1) There is created a Child and Adolescent Service System Program Coordinating Council that shall meet on a quarterly basis and at other times deemed necessary to perform its functions. (2) The council shall include the following persons to be selected and appointed by the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Human Services: (A) At least three (3) parents, parent surrogates, or family members of a child or children with emotional disturbance; (B) A member of an ethnic minority; (C) A child advocate; (D) Child and Adolescent Service System Program coordinators from each of the certified community mental health centers; (E) (i) One (1) or more representatives from specific divisions or agencies in the Department of Human Services and the Division of Elementary and Secondary Education. (ii) Each representative shall have official duties related to the delivery of behavioral health services for children and adolescents with emotional disturbances. (iii) Specific designations of membership of the council shall be determined through interdepartmental and intradepartmental agreements that will be renewed on an annual basis; and (F) (i) At least seven (7) representatives from private or public agencies or organizations that are stakeholders in behavioral health services for children and adolescents with emotional disturbances. (ii) The commissioner and the secretary shall jointly appoint an appropriate number of stakeholders.

(1) There is created a Child and Adolescent Service System Program Coordinating Council that shall meet on a quarterly basis and at other times deemed necessary to perform its functions.

(2) The council shall include the following persons to be selected and appointed by the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Human Services: (A) At least three (3) parents, parent surrogates, or family members of a child or children with emotional disturbance; (B) A member of an ethnic minority; (C) A child advocate; (D) Child and Adolescent Service System Program coordinators from each of the certified community mental health centers; (E) (i) One (1) or more representatives from specific divisions or agencies in the Department of Human Services and the Division of Elementary and Secondary Education. (ii) Each representative shall have official duties related to the delivery of behavioral health services for children and adolescents with emotional disturbances. (iii) Specific designations of membership of the council shall be determined through interdepartmental and intradepartmental agreements that will be renewed on an annual basis; and (F) (i) At least seven (7) representatives from private or public agencies or organizations that are stakeholders in behavioral health services for children and adolescents with emotional disturbances. (ii) The commissioner and the secretary shall jointly appoint an appropriate number of stakeholders.

(A) At least three (3) parents, parent surrogates, or family members of a child or children with emotional disturbance;

(B) A member of an ethnic minority;

(C) A child advocate;

(D) Child and Adolescent Service System Program coordinators from each of the certified community mental health centers;

(E) (i) One (1) or more representatives from specific divisions or agencies in the Department of Human Services and the Division of Elementary and Secondary Education. (ii) Each representative shall have official duties related to the delivery of behavioral health services for children and adolescents with emotional disturbances. (iii) Specific designations of membership of the council shall be determined through interdepartmental and intradepartmental agreements that will be renewed on an annual basis; and

(i) One (1) or more representatives from specific divisions or agencies in the Department of Human Services and the Division of Elementary and Secondary Education.

(ii) Each representative shall have official duties related to the delivery of behavioral health services for children and adolescents with emotional disturbances.

(iii) Specific designations of membership of the council shall be determined through interdepartmental and intradepartmental agreements that will be renewed on an annual basis; and

(F) (i) At least seven (7) representatives from private or public agencies or organizations that are stakeholders in behavioral health services for children and adolescents with emotional disturbances. (ii) The commissioner and the secretary shall jointly appoint an appropriate number of stakeholders.

(i) At least seven (7) representatives from private or public agencies or organizations that are stakeholders in behavioral health services for children and adolescents with emotional disturbances.

(ii) The commissioner and the secretary shall jointly appoint an appropriate number of stakeholders.

(b) The council shall: (1) Advise and report to the commissioner and the secretary on matters of policy and programs related to children with emotional disturbances and their families; (2) Identify and recommend fiscal, policy, training, and program initiatives and revisions based on needs identified in the planning process; (3) Provide specific guidelines for the development of regional services and plans based on the guiding principles of the system of care; (4) Review and approve regional plans developed by regional program teams and incorporate the regional plans into the statewide plan; (5) Ensure that mechanisms for accountability are developed and implemented; (6) Submit a statewide plan and budget recommendations to the commissioner and the secretary on or before March 15 of each even-numbered year thereafter preceding the legislative session; (7) Develop and recommend special projects to the commissioner and the secretary; (8) Provide a written report on a quarterly basis to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth that summarizes progress implementing this subchapter; (9) Establish guidelines and procedures for the voting membership, officers, and annual planning of both the council and the regional program planning teams which the council will review and update on an annual basis; and (10) Make recommendations for corrective action plans to the commissioner and the secretary in the event that a regional program planning team does not produce a timely regional plan that meets a plan of care or fails to implement the approved regional plan.

(1) Advise and report to the commissioner and the secretary on matters of policy and programs related to children with emotional disturbances and their families;

(2) Identify and recommend fiscal, policy, training, and program initiatives and revisions based on needs identified in the planning process;

(3) Provide specific guidelines for the development of regional services and plans based on the guiding principles of the system of care;

(4) Review and approve regional plans developed by regional program teams and incorporate the regional plans into the statewide plan;

(5) Ensure that mechanisms for accountability are developed and implemented;

(6) Submit a statewide plan and budget recommendations to the commissioner and the secretary on or before March 15 of each even-numbered year thereafter preceding the legislative session;

(7) Develop and recommend special projects to the commissioner and the secretary;

(8) Provide a written report on a quarterly basis to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth that summarizes progress implementing this subchapter;

(9) Establish guidelines and procedures for the voting membership, officers, and annual planning of both the council and the regional program planning teams which the council will review and update on an annual basis; and

(10) Make recommendations for corrective action plans to the commissioner and the secretary in the event that a regional program planning team does not produce a timely regional plan that meets a plan of care or fails to implement the approved regional plan.

Amended by Act 2019, No. 910,§ 5203, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5202, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5201, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5200, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2296, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2295, eff. 7/1/2019.

Amended by Act 2013, No. 1132,§ 31, eff. 8/16/2013.

Acts 1991, No. 964, § 5; 1997, No. 312, § 16; 2001, No. 1517, § 4; 2005, No. 2209, § 2.
Ark. Code Ann. § 20-77-1507 — AR Code / Title 20 / Chapter 77 / Subchapter 15 / Section 20-77-1507
Community-based health cooperatives' activity deemed not to be practice of medicine
Status: in_force

No community-based health cooperative shall be deemed to be engaged in the corporate practice of medicine. Acts 2003, No. 660, § 7.

No community-based health cooperative shall be deemed to be engaged in the corporate practice of medicine.

Acts 2003, No. 660, § 7.
Ark. Code Ann. § 20-9-503 — AR Code / Title 20 / Chapter 9 / Subchapter 5 / Section 20-9-503
Proceeding and records confidential - Exception
Status: in_force

(a) (1) The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the committee. (2) No person who was in attendance at a meeting of the committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members thereof. (b) (1) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the committee. (2) Nor shall any person who testifies before the committee or who is a member of the committee be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the committee or about opinions formed by him or her as a result of the committee hearings. (c) The submission of the peer review proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege. Amended by Act 2013, No. 441,§ 2, eff. 8/16/2013. Acts 1975, No. 191, § 4; A.S.A. 1947, § 82-3204; Acts 1999, No. 1536, § 10.

(a) (1) The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the committee. (2) No person who was in attendance at a meeting of the committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members thereof.

(1) The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the committee.

(2) No person who was in attendance at a meeting of the committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members thereof.

(b) (1) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the committee. (2) Nor shall any person who testifies before the committee or who is a member of the committee be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the committee or about opinions formed by him or her as a result of the committee hearings.

(1) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the committee.

(2) Nor shall any person who testifies before the committee or who is a member of the committee be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the committee or about opinions formed by him or her as a result of the committee hearings.

(c) The submission of the peer review proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.

Amended by Act 2013, No. 441,§ 2, eff. 8/16/2013.

Acts 1975, No. 191, § 4; A.S.A. 1947, § 82-3204; Acts 1999, No. 1536, § 10.
Ark. Code Ann. § 20-10-2102 — AR Code / Title 20 / Chapter 10 / Subchapter 21 / Section 20-10-2102
Admissions
Status: in_force

(a) A long-term care facility shall notify the Office of Long-Term Care no later than the next business day of all admissions. (b) Notification shall be made in the manner prescribed by the office. Acts 2007, No. 516, § 1.

(a) A long-term care facility shall notify the Office of Long-Term Care no later than the next business day of all admissions.

(b) Notification shall be made in the manner prescribed by the office.

Acts 2007, No. 516, § 1.
Ark. Code Ann. § 20-15-2304 — AR Code / Title 20 / Chapter 15 / Subchapter 23 / Section 20-15-2304
Confidentiality
Status: in_force

(a) (1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. (2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal Mortality Review Committee of the case to which they relate. (3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project. (b) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential. (c) (1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings. (d) (1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. (2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information. Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.

(a) (1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. (2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal Mortality Review Committee of the case to which they relate. (3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project.

(1) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter are not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person.

(2) Information, records, reports, statements, notes, memoranda, or other data collected under this subchapter shall not be exhibited or disclosed in any way, in whole or in part, by any officer or representative of the Department of Health or any other person, except as necessary for the purpose of furthering the review of the Maternal Mortality Review Committee of the case to which they relate.

(3) A person participating in a review shall not disclose, in any manner, the information so obtained except in strict conformity with such review project.

(b) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department under this subchapter are confidential.

(c) (1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.

(1) All proceedings and activities of the committee under this subchapter, opinions of members of the committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this subchapter, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this subchapter, are confidential and are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., relating to open meetings, subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.

(2) However, this subchapter does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.

(d) (1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. (2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.

(1) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee.

(2) This subchapter does not prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.

Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-22-702 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-702
Public displays excepted
Status: in_force

(a) Nothing in this subchapter shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules promulgated by the State Fire Marshal. Such items of fireworks which are to be used for public display only and which are otherwise prohibited for sale and use within the state shall include display shells designed to be fired from mortars and display set pieces of fireworks classified by the regulations of the United States Surface Transportation Board as Class B special fireworks and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, and torpedoes. (b) (1) Public displays shall be performed only under competent supervision and after the persons or organizations making the displays have applied for and received a permit for the displays issued by the State Fire Marshal. (2) Applications for permits for public displays shall be made in writing at least five (5) days in advance of the proposed display, and the application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to life, limb, or property. (3) If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of the municipality. (c) (1) Permits issued shall be limited to the time specified therein and shall not be transferable. (2) Only licensed distributors who are licensed importers or who purchase from licensed importers may possess special fireworks for resale to holders of a permit for a public fireworks display. (d) (1) The Office of Fire Protection Services may charge a fee not to exceed fifty dollars ($50.00) for each permit issued under this section. (2) The total fee for all permits issued during a school year to an educational institution that provides instruction for grades kindergarten through twelve (K-12) shall not exceed twenty-five dollars ($25.00). (3) All permit fees shall be remitted to the office and shall be deposited into the State Treasury as special revenues to the credit of the Fire Services Fund. Amended by Act 2023, No. 841,§ 33, eff. 7/1/2023. Amended by Act 2023, No. 841,§ 32, eff. 7/1/2023. Amended by Act 2023, No. 841,§ 31, eff. 7/1/2023. Amended by Act 2023, No. 841,§ 30, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 2042, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6011, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6010, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6009, eff. 7/1/2019. Acts 1961, No. 224, § 6; 1985, No. 1040, § 1; A.S.A. 1947, § 82-1706; Acts 2005, No. 2204, § 2; 2009, No. 240, § 1.

(a) Nothing in this subchapter shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules promulgated by the State Fire Marshal. Such items of fireworks which are to be used for public display only and which are otherwise prohibited for sale and use within the state shall include display shells designed to be fired from mortars and display set pieces of fireworks classified by the regulations of the United States Surface Transportation Board as Class B special fireworks and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, and torpedoes.

(b) (1) Public displays shall be performed only under competent supervision and after the persons or organizations making the displays have applied for and received a permit for the displays issued by the State Fire Marshal. (2) Applications for permits for public displays shall be made in writing at least five (5) days in advance of the proposed display, and the application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to life, limb, or property. (3) If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of the municipality.

(1) Public displays shall be performed only under competent supervision and after the persons or organizations making the displays have applied for and received a permit for the displays issued by the State Fire Marshal.

(2) Applications for permits for public displays shall be made in writing at least five (5) days in advance of the proposed display, and the application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to life, limb, or property.

(3) If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of the municipality.

(c) (1) Permits issued shall be limited to the time specified therein and shall not be transferable. (2) Only licensed distributors who are licensed importers or who purchase from licensed importers may possess special fireworks for resale to holders of a permit for a public fireworks display.

(1) Permits issued shall be limited to the time specified therein and shall not be transferable.

(2) Only licensed distributors who are licensed importers or who purchase from licensed importers may possess special fireworks for resale to holders of a permit for a public fireworks display.

(d) (1) The Office of Fire Protection Services may charge a fee not to exceed fifty dollars ($50.00) for each permit issued under this section. (2) The total fee for all permits issued during a school year to an educational institution that provides instruction for grades kindergarten through twelve (K-12) shall not exceed twenty-five dollars ($25.00). (3) All permit fees shall be remitted to the office and shall be deposited into the State Treasury as special revenues to the credit of the Fire Services Fund.

(1) The Office of Fire Protection Services may charge a fee not to exceed fifty dollars ($50.00) for each permit issued under this section.

(2) The total fee for all permits issued during a school year to an educational institution that provides instruction for grades kindergarten through twelve (K-12) shall not exceed twenty-five dollars ($25.00).

(3) All permit fees shall be remitted to the office and shall be deposited into the State Treasury as special revenues to the credit of the Fire Services Fund.

Amended by Act 2023, No. 841,§ 33, eff. 7/1/2023.

Amended by Act 2023, No. 841,§ 32, eff. 7/1/2023.

Amended by Act 2023, No. 841,§ 31, eff. 7/1/2023.

Amended by Act 2023, No. 841,§ 30, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 2042, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6011, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6010, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6009, eff. 7/1/2019.

Acts 1961, No. 224, § 6; 1985, No. 1040, § 1; A.S.A. 1947, § 82-1706; Acts 2005, No. 2204, § 2; 2009, No. 240, § 1.
Ark. Code Ann. § 20-13-603 — AR Code / Title 20 / Chapter 13 / Subchapter 6 / Section 20-13-603
Definition
Status: in_force

As used in this subchapter, "physician" means a natural person licensed to practice medicine in the State of Arkansas pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. Acts 1991, No. 270, § 3.

As used in this subchapter, "physician" means a natural person licensed to practice medicine in the State of Arkansas pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

Acts 1991, No. 270, § 3.
Ark. Code Ann. § 20-47-214 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-214
Forty-five-day involuntary admission - Hearing
Status: in_force

(a) (1) Within the period specified in § 20-47-205 , a hearing shall be held. (2) The hearing must be conducted in public, open to the news media. (3) All testimony must be taken under oath and preserved. (4) All witnesses shall be subject to a penalty for perjury, and each witness who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying. (b) (1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days. (2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in § 20-47-207 . (3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days. (c) This section shall be construed to allow the person sought to be involuntarily admitted to request treatment under an alternative least restrictive appropriate setting. (d) If a hearing pursuant to this section is not held within the period specified in § 20-47-205 , the person shall be released. (e) Upon filing of an order of commitment issued under subdivision (b)(3) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center. Acts 1989, No. 861, § 9; 2007, No. 463, § 4.

(a) (1) Within the period specified in § 20-47-205 , a hearing shall be held. (2) The hearing must be conducted in public, open to the news media. (3) All testimony must be taken under oath and preserved. (4) All witnesses shall be subject to a penalty for perjury, and each witness who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying.

(1) Within the period specified in § 20-47-205 , a hearing shall be held.

(2) The hearing must be conducted in public, open to the news media.

(3) All testimony must be taken under oath and preserved.

(4) All witnesses shall be subject to a penalty for perjury, and each witness who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying.

(b) (1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days. (2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in § 20-47-207 . (3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days.

(1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days.

(2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in § 20-47-207 .

(3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days.

(c) This section shall be construed to allow the person sought to be involuntarily admitted to request treatment under an alternative least restrictive appropriate setting.

(d) If a hearing pursuant to this section is not held within the period specified in § 20-47-205 , the person shall be released.

(e) Upon filing of an order of commitment issued under subdivision (b)(3) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.

Acts 1989, No. 861, § 9; 2007, No. 463, § 4.
Ark. Code Ann. § 20-6-101 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Healthcare Decisions Act". Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Arkansas Healthcare Decisions Act".

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-16-1403 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1403
Legislative findings
Status: in_force

The General Assembly finds that: (1) Pain receptors known as nociceptors are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization, and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty (20) weeks; (2) (A) By eight (8) weeks after fertilization, the unborn child reacts to touch. (B) After twenty (20) weeks after fertilization, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling; (3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response; (4) Subjection to such painful stimuli is associated with long-term harmful neurodeveolopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life; (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to those levels when painful stimuli are applied without such anesthesia; (6) (A) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty (20) weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. (B) However, recent medical research and analysis, especially since 2007, provide strong evidence for the conclusion that a functioning cortex is not necessary to experience pain; (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain; (8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does; (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults and use different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing; (10) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by twenty (20) weeks after fertilization; (11) It is the purpose of the state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain; and (12) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion, the United States Supreme Court noted that an explicit statement of legislative intent specifically made applicable to a particular statute is of greater weight than a general savings or severability clause, it is the intent of the state that § 1-2-117 be specifically applied to this subchapter, and moreover the General Assembly declares that it would have passed this subchapter, and each section, subsection, subdivision, sentence, clause, phrase, or word in this subchapter, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, sentences, clauses, phrases, or words, or any of their applications, were to be declared unconstitutional. Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

The General Assembly finds that:

(1) Pain receptors known as nociceptors are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization, and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty (20) weeks;

(2) (A) By eight (8) weeks after fertilization, the unborn child reacts to touch. (B) After twenty (20) weeks after fertilization, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling;

(A) By eight (8) weeks after fertilization, the unborn child reacts to touch.

(B) After twenty (20) weeks after fertilization, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling;

(3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response;

(4) Subjection to such painful stimuli is associated with long-term harmful neurodeveolopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life;

(5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to those levels when painful stimuli are applied without such anesthesia;

(6) (A) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty (20) weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. (B) However, recent medical research and analysis, especially since 2007, provide strong evidence for the conclusion that a functioning cortex is not necessary to experience pain;

(A) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty (20) weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex.

(B) However, recent medical research and analysis, especially since 2007, provide strong evidence for the conclusion that a functioning cortex is not necessary to experience pain;

(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain;

(8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does;

(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults and use different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing;

(10) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by twenty (20) weeks after fertilization;

(11) It is the purpose of the state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain; and

(12) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion, the United States Supreme Court noted that an explicit statement of legislative intent specifically made applicable to a particular statute is of greater weight than a general savings or severability clause, it is the intent of the state that § 1-2-117 be specifically applied to this subchapter, and moreover the General Assembly declares that it would have passed this subchapter, and each section, subsection, subdivision, sentence, clause, phrase, or word in this subchapter, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, sentences, clauses, phrases, or words, or any of their applications, were to be declared unconstitutional.

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-16-1904 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1904
Prohibition - Sex-selection abortion
Status: in_force

(a) A physician or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the sex of the unborn child. (b) Before performing an abortion, the physician or other person who is performing the abortion shall: (1) (A) Ask the pregnant woman if she knows the sex of the unborn child. (B) If the pregnant woman knows the sex of the unborn child, the physician or other person who is performing the abortion shall inform the pregnant woman of the prohibition of abortion as a method of sex selection for children; and (2) (A) Request the medical records of the pregnant woman relating directly to the entire pregnancy history of the woman. (B) An abortion shall not be performed until reasonable time and effort is spent to obtain the medical records of the pregnant woman as described in subdivision (b)(2)(A) of this section. (c) If this section is held invalid as applied to the period of pregnancy prior to viability, then the section shall remain applicable to the period of pregnancy subsequent to viability. Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

(a) A physician or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the sex of the unborn child.

(b) Before performing an abortion, the physician or other person who is performing the abortion shall: (1) (A) Ask the pregnant woman if she knows the sex of the unborn child. (B) If the pregnant woman knows the sex of the unborn child, the physician or other person who is performing the abortion shall inform the pregnant woman of the prohibition of abortion as a method of sex selection for children; and (2) (A) Request the medical records of the pregnant woman relating directly to the entire pregnancy history of the woman. (B) An abortion shall not be performed until reasonable time and effort is spent to obtain the medical records of the pregnant woman as described in subdivision (b)(2)(A) of this section.

(1) (A) Ask the pregnant woman if she knows the sex of the unborn child. (B) If the pregnant woman knows the sex of the unborn child, the physician or other person who is performing the abortion shall inform the pregnant woman of the prohibition of abortion as a method of sex selection for children; and

(A) Ask the pregnant woman if she knows the sex of the unborn child.

(B) If the pregnant woman knows the sex of the unborn child, the physician or other person who is performing the abortion shall inform the pregnant woman of the prohibition of abortion as a method of sex selection for children; and

(2) (A) Request the medical records of the pregnant woman relating directly to the entire pregnancy history of the woman. (B) An abortion shall not be performed until reasonable time and effort is spent to obtain the medical records of the pregnant woman as described in subdivision (b)(2)(A) of this section.

(A) Request the medical records of the pregnant woman relating directly to the entire pregnancy history of the woman.

(B) An abortion shall not be performed until reasonable time and effort is spent to obtain the medical records of the pregnant woman as described in subdivision (b)(2)(A) of this section.

(c) If this section is held invalid as applied to the period of pregnancy prior to viability, then the section shall remain applicable to the period of pregnancy subsequent to viability.

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-27-1004 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1004
Powers and duties of Division of Environmental Quality
Status: in_force

The Division of Environmental Quality shall be charged with the responsibility of administering and enforcing this subchapter and is given and charged with the following powers and duties: (1) To require and regulate training and examinations for all disciplines certified by this subchapter and the rules promulgated pursuant to this subchapter; (2) To establish standards and procedures for the licensing of consultants, contractors, and training providers and to establish performance standards for the abatement of friable and nonfriable asbestos materials. The performance standards shall be as stringent as those standards adopted by the United States Environmental Protection Agency pursuant to section 112 of the Clean Air Act, 42 U.S.C. § 7401 et seq.; (3) To enforce rules necessary or appropriate to the implementation of this subchapter, including taking legal action in any court of competent jurisdiction; (4) To issue licenses and certificates to all applicants who satisfy the requirements of this subchapter and any rules issued pursuant to this subchapter, to renew the licenses and certificates, and to suspend or revoke the licenses and certificates for cause and after notice and opportunity for hearing; (5) To establish annual license fees for asbestos abatement consultants, asbestos abatement contractors, and training providers, annual certification fees for air monitors, contractor/supervisors, inspectors, management planners, project designers, and workers in order to recover the costs of processing license and certificate applications and the issuance of licenses and certificates, and such other fees as are necessary to recover the costs of enforcing this subchapter; and (6) To expend necessary funds from the Asbestos Control Fund to develop and administer the Asbestos Abatement Grant Program. Amended by Act 2019, No. 315,§ 2099, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2098, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3215, eff. 7/1/2019. Amended by Act 2013, No. 489,§ 3, eff. 3/22/2013. Acts 1985, No. 394, § 3; A.S.A. 1947, § 82-1946; Acts 1987, No. 531, § 3; 1993, No. 817, § 3; 1997, No. 308, § 1; 1997, No. 309, § 2.

The Division of Environmental Quality shall be charged with the responsibility of administering and enforcing this subchapter and is given and charged with the following powers and duties:

(1) To require and regulate training and examinations for all disciplines certified by this subchapter and the rules promulgated pursuant to this subchapter;

(2) To establish standards and procedures for the licensing of consultants, contractors, and training providers and to establish performance standards for the abatement of friable and nonfriable asbestos materials. The performance standards shall be as stringent as those standards adopted by the United States Environmental Protection Agency pursuant to section 112 of the Clean Air Act, 42 U.S.C. § 7401 et seq.;

(3) To enforce rules necessary or appropriate to the implementation of this subchapter, including taking legal action in any court of competent jurisdiction;

(4) To issue licenses and certificates to all applicants who satisfy the requirements of this subchapter and any rules issued pursuant to this subchapter, to renew the licenses and certificates, and to suspend or revoke the licenses and certificates for cause and after notice and opportunity for hearing;

(5) To establish annual license fees for asbestos abatement consultants, asbestos abatement contractors, and training providers, annual certification fees for air monitors, contractor/supervisors, inspectors, management planners, project designers, and workers in order to recover the costs of processing license and certificate applications and the issuance of licenses and certificates, and such other fees as are necessary to recover the costs of enforcing this subchapter; and

(6) To expend necessary funds from the Asbestos Control Fund to develop and administer the Asbestos Abatement Grant Program.

Amended by Act 2019, No. 315,§ 2099, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2098, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3215, eff. 7/1/2019.

Amended by Act 2013, No. 489,§ 3, eff. 3/22/2013.

Acts 1985, No. 394, § 3; A.S.A. 1947, § 82-1946; Acts 1987, No. 531, § 3; 1993, No. 817, § 3; 1997, No. 308, § 1; 1997, No. 309, § 2.
Ark. Code Ann. § 20-9-215 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-215
License - Denial, suspension, and revocation
Status: in_force

(a) The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds: (1) Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or (2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions. (b) (1) If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination. (2) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing. (c) Thereupon, the applicant or licensee shall be given a fair hearing and shall have the right to present such evidence as may be proper. (d) (1) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside. (2) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee. (3) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under § 20-9-216 . (e) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed pursuant to § 20-9-216 or a transcript is requested by an interested party who shall pay the cost of preparing the transcript. (f) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rules. (g) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department. Amended by Act 2019, No. 315,§ 1838, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1837, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1836, eff. 7/24/2019. Acts 1961, No. 414, § 22; 1965, No. 454, § 2; A.S.A. 1947, § 82-348.

(a) The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds: (1) Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or (2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions.

(1) Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or

(2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions.

(b) (1) If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination. (2) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.

(1) If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.

(2) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.

(c) Thereupon, the applicant or licensee shall be given a fair hearing and shall have the right to present such evidence as may be proper.

(d) (1) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside. (2) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee. (3) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under § 20-9-216 .

(1) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.

(2) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.

(3) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under § 20-9-216 .

(e) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed pursuant to § 20-9-216 or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.

(f) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rules.

(g) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.

Amended by Act 2019, No. 315,§ 1838, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1837, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1836, eff. 7/24/2019.

Acts 1961, No. 414, § 22; 1965, No. 454, § 2; A.S.A. 1947, § 82-348.
Ark. Code Ann. § 20-80-411 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-411
Restrictions - Taxes
Status: in_force

(a) The applicant is responsible for transferring the donated parcel to an eligible person. (b) The eligibility criteria for the sale, lease, or grant of a homestead shall be established by the Commissioner of State Lands and shall take into account the income of the person or family unit, which shall not exceed the median family income, as determined by the United States Department of Housing and Urban Development, for the area in which the applicant is located. (c) Upon transferring the land to the eligible person, the homestead will be treated as any other private residence and subject to all laws, rules, and regulations of the government, including the payment of real property taxes. Amended by Act 2019, No. 315,§ 2309, eff. 7/24/2019. Acts 1993, No. 1009, §§ 2, 13.

(a) The applicant is responsible for transferring the donated parcel to an eligible person.

(b) The eligibility criteria for the sale, lease, or grant of a homestead shall be established by the Commissioner of State Lands and shall take into account the income of the person or family unit, which shall not exceed the median family income, as determined by the United States Department of Housing and Urban Development, for the area in which the applicant is located.

(c) Upon transferring the land to the eligible person, the homestead will be treated as any other private residence and subject to all laws, rules, and regulations of the government, including the payment of real property taxes.

Amended by Act 2019, No. 315,§ 2309, eff. 7/24/2019.

Acts 1993, No. 1009, §§ 2, 13.
Ark. Code Ann. § 20-13-106 — AR Code / Title 20 / Chapter 13 / Subchapter 1 / Section 20-13-106
Tourniquet access and use by first responders - Immunity - Definition
Status: in_force

(a) As used in this section, "first responders" means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies. (b) The Arkansas Commission on Law Enforcement Standards and Training may certify training for law enforcement officers for approved methods and techniques on the use of mechanical and other tourniquets as recommended by the Committee on Tactical Combat Casualty Care or the Committee for Tactical Emergency Casualty Care, or both. (c) A law enforcement officer and a first responder are immune from civil liability, criminal liability, or professional sanctions for administering a mechanical tourniquet or other tourniquet under this section if he or she is acting in good faith. Added by Act 2015, No. 1222,§ 1, eff. 7/22/2015.

(a) As used in this section, "first responders" means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies.

(b) The Arkansas Commission on Law Enforcement Standards and Training may certify training for law enforcement officers for approved methods and techniques on the use of mechanical and other tourniquets as recommended by the Committee on Tactical Combat Casualty Care or the Committee for Tactical Emergency Casualty Care, or both.

(c) A law enforcement officer and a first responder are immune from civil liability, criminal liability, or professional sanctions for administering a mechanical tourniquet or other tourniquet under this section if he or she is acting in good faith.

Added by Act 2015, No. 1222,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-10-1007 — AR Code / Title 20 / Chapter 10 / Subchapter 10 / Section 20-10-1007
Adverse action against residents prohibited - Violations
Status: in_force

(a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this subchapter. (b) Any adverse action taken against a resident of a long-term care facility within one hundred twenty (120) days of the filing of a complaint or initiation of any action shall give rise to a rebuttable presumption that the action was taken by the owner, administrator, employee, or other representative in violation of subsection (a) of this section. (c) Failure to comply with this section by any facility owner, administrator, employee, or other representative shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed. (d) Any appeal shall be under the procedure set forth in § 20-10-208 . Acts 1988 (4th Ex. Sess.), No. 17, § 1.

(a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this subchapter.

(b) Any adverse action taken against a resident of a long-term care facility within one hundred twenty (120) days of the filing of a complaint or initiation of any action shall give rise to a rebuttable presumption that the action was taken by the owner, administrator, employee, or other representative in violation of subsection (a) of this section.

(c) Failure to comply with this section by any facility owner, administrator, employee, or other representative shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.

(d) Any appeal shall be under the procedure set forth in § 20-10-208 .

Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Ark. Code Ann. § 20-64-830 — AR Code / Title 20 / Chapter 64 / Subchapter 8 / Section 20-64-830
Liability for treatment - Rules
Status: in_force

(a) (1) Any person legally obligated to support a person in treatment from a receiving facility or program shall pay to the receiving facility or program an amount to be fixed by the receiving facility or program as the cost for treatment. (2) The amounts shall be a debt of the obligor. (b) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules specifying the amounts to be fixed as costs and establishing procedures for implementation of this section. (2) The rules shall set forth costs by reference to the income and assets of the obligor. Amended by Act 2017, No. 913,§ 99, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 30, eff. 8/16/2013. Acts 1989 (3rd Ex. Sess.), No. 10, § 22; 1995, No. 1268, § 8.

(a) (1) Any person legally obligated to support a person in treatment from a receiving facility or program shall pay to the receiving facility or program an amount to be fixed by the receiving facility or program as the cost for treatment. (2) The amounts shall be a debt of the obligor.

(1) Any person legally obligated to support a person in treatment from a receiving facility or program shall pay to the receiving facility or program an amount to be fixed by the receiving facility or program as the cost for treatment.

(2) The amounts shall be a debt of the obligor.

(b) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules specifying the amounts to be fixed as costs and establishing procedures for implementation of this section. (2) The rules shall set forth costs by reference to the income and assets of the obligor.

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules specifying the amounts to be fixed as costs and establishing procedures for implementation of this section.

(2) The rules shall set forth costs by reference to the income and assets of the obligor.

Amended by Act 2017, No. 913,§ 99, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 30, eff. 8/16/2013.

Acts 1989 (3rd Ex. Sess.), No. 10, § 22; 1995, No. 1268, § 8.
Ark. Code Ann. § 20-16-1401 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act". Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

This subchapter shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act".

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-9-904 — AR Code / Title 20 / Chapter 9 / Subchapter 9 / Section 20-9-904
When certificate not required
Status: in_force

(a) The State Board of Health may waive the requirements of this subchapter for the activities of a private review agent in connection with a contract with the United States Government for utilization review of patients eligible for hospital and medical services under the Social Security Act. (b) No certificate is required for those private review agents conducting general in-house utilization review for hospitals, home health agencies, preferred provider organizations, other managed care entities, clinics, private offices, or any other health facilities or entities, so long as the review does not result in the approval or denial of payment for hospital or medical services for a particular case. The general in-house utilization review is exempt from this subchapter. (c) No certificate is required for utilization review by any Arkansas-licensed pharmacist or pharmacy, or organizations of either, while engaged in the practice of pharmacy, including, but not limited to, dispensing of drugs, participation in drug utilization reviews, and monitoring patient drug therapy. Acts 1989, No. 537, §§ 4, 9.

(a) The State Board of Health may waive the requirements of this subchapter for the activities of a private review agent in connection with a contract with the United States Government for utilization review of patients eligible for hospital and medical services under the Social Security Act.

(b) No certificate is required for those private review agents conducting general in-house utilization review for hospitals, home health agencies, preferred provider organizations, other managed care entities, clinics, private offices, or any other health facilities or entities, so long as the review does not result in the approval or denial of payment for hospital or medical services for a particular case. The general in-house utilization review is exempt from this subchapter.

(c) No certificate is required for utilization review by any Arkansas-licensed pharmacist or pharmacy, or organizations of either, while engaged in the practice of pharmacy, including, but not limited to, dispensing of drugs, participation in drug utilization reviews, and monitoring patient drug therapy.

Acts 1989, No. 537, §§ 4, 9.
Ark. Code Ann. § 20-13-1202 — AR Code / Title 20 / Chapter 13 / Subchapter 12 / Section 20-13-1202
Vaccination program for first responders
Status: in_force

(a) The Department of Health shall offer a vaccination program for first responders who may be exposed to infectious diseases while deployed to disaster locations. (b) Participation in the vaccination program shall be voluntary by the first responders, except for first responders who are classified as having occupational exposure to bloodborne pathogens as defined by the Occupational Safety and Health Administration Standard contained in 29 C.F.R. § 1910.1030 , as in effect on January 1, 2003, who shall be required to take the designated vaccinations or as otherwise required by law. (c) The department shall notify first responders of the availability of the vaccination program and shall provide first responders with educational materials on ways to prevent exposure to infectious disease. (d) The department may contract with county and local health departments, not-for-profit home healthcare agencies, hospitals, and physicians to administer a vaccination program for first responders. (e) (1) This section shall be effective upon receipt of federal funding or federal grants, or both, for administering a vaccination program for first responders. (2) Upon receipt of federal funding, the department shall make available the vaccines required for first responders under this section. Acts 2003, No. 1401, § 1.

(a) The Department of Health shall offer a vaccination program for first responders who may be exposed to infectious diseases while deployed to disaster locations.

(b) Participation in the vaccination program shall be voluntary by the first responders, except for first responders who are classified as having occupational exposure to bloodborne pathogens as defined by the Occupational Safety and Health Administration Standard contained in 29 C.F.R. § 1910.1030 , as in effect on January 1, 2003, who shall be required to take the designated vaccinations or as otherwise required by law.

(c) The department shall notify first responders of the availability of the vaccination program and shall provide first responders with educational materials on ways to prevent exposure to infectious disease.

(d) The department may contract with county and local health departments, not-for-profit home healthcare agencies, hospitals, and physicians to administer a vaccination program for first responders.

(e) (1) This section shall be effective upon receipt of federal funding or federal grants, or both, for administering a vaccination program for first responders. (2) Upon receipt of federal funding, the department shall make available the vaccines required for first responders under this section.

(1) This section shall be effective upon receipt of federal funding or federal grants, or both, for administering a vaccination program for first responders.

(2) Upon receipt of federal funding, the department shall make available the vaccines required for first responders under this section.

Acts 2003, No. 1401, § 1.
Ark. Code Ann. § 20-22-603 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-603
Exceptions
Status: in_force

The provisions of this subchapter do not apply to the following: (1) The filling or charging of a portable fire extinguisher by the manufacturer before its initial sale; (2) The visual inspections by a firm of its own portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems by its own personnel who are specifically trained to conduct visual inspections; (3) The hydrostatic testing by a firm of its own United States Department of Transportation-specification compressed gas cylinders used for or with fire extinguishers or its own pressure vessels, other than United States Department of Transportation-specification cylinders used as fire extinguishers, when the testing is performed by personnel of the firm who have been specially trained to perform the testing; (4) Firms engaged in the retailing or wholesaling of portable fire extinguishers as defined in § 20-22-602 but not engaged in the installing, servicing, or recharging of portable fire extinguishers are exempt from the registration and licensing provisions outlined in § 20-22-610 , but all other provisions of this subchapter shall apply; (5) Fire departments recharging portable fire extinguishers for fire department use only if: (A) The fire department personnel performing the services are trained in the proper filling and recharging of the portable fire extinguishers; (B) All work is performed according to the standards adopted and the rules of the Arkansas Fire Protection Licensing Board and the National Fire Protection Association pamphlet number ten (No. 10): Standard for Portable Fire Extinguishers; (C) (i) Each of the fire department personnel performing the filling and recharging of the portable fire extinguishers holds a current applicable individual license issued by the board. (ii) Only portable fire extinguishers owned by the particular fire department are subject to this exception; and (D) All registration and licensure fees for licenses issued for these individual licenses are waived; and (6) The hydrostatic testing (Class A Hydro list) by a firm of United States Department of Transportation-specification compressed gas cylinder used for or with a portable fire extinguisher or a fixed fire protection system owned by other firms or individuals: (A) When the testing is performed by personnel who have been specifically trained to perform the testing; (B) When the firm is currently licensed or permitted by the United States Department of Transportation to perform Class A Hydro tests; and (C) Where the hydrostatic testing of the cylinders is the only service performed on behalf of the individual or firm or its agent which owns the cylinder. Amended by Act 2013, No. 1132,§ 19, eff. 8/16/2013. Acts 1977, No. 743, § 9; 1983, No. 782, §§ 11, 12; 1985, No. 702, § 8; A.S.A. 1947, § 82-840; Acts 1987, No. 532, § 5; 1991, No. 392, § 1; 1993, No. 1215, § 2; 2003, No. 1074, § 2; 2009, No. 422, § 3.

The provisions of this subchapter do not apply to the following:

(1) The filling or charging of a portable fire extinguisher by the manufacturer before its initial sale;

(2) The visual inspections by a firm of its own portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems by its own personnel who are specifically trained to conduct visual inspections;

(3) The hydrostatic testing by a firm of its own United States Department of Transportation-specification compressed gas cylinders used for or with fire extinguishers or its own pressure vessels, other than United States Department of Transportation-specification cylinders used as fire extinguishers, when the testing is performed by personnel of the firm who have been specially trained to perform the testing;

(4) Firms engaged in the retailing or wholesaling of portable fire extinguishers as defined in § 20-22-602 but not engaged in the installing, servicing, or recharging of portable fire extinguishers are exempt from the registration and licensing provisions outlined in § 20-22-610 , but all other provisions of this subchapter shall apply;

(5) Fire departments recharging portable fire extinguishers for fire department use only if: (A) The fire department personnel performing the services are trained in the proper filling and recharging of the portable fire extinguishers; (B) All work is performed according to the standards adopted and the rules of the Arkansas Fire Protection Licensing Board and the National Fire Protection Association pamphlet number ten (No. 10): Standard for Portable Fire Extinguishers; (C) (i) Each of the fire department personnel performing the filling and recharging of the portable fire extinguishers holds a current applicable individual license issued by the board. (ii) Only portable fire extinguishers owned by the particular fire department are subject to this exception; and (D) All registration and licensure fees for licenses issued for these individual licenses are waived; and

(A) The fire department personnel performing the services are trained in the proper filling and recharging of the portable fire extinguishers;

(B) All work is performed according to the standards adopted and the rules of the Arkansas Fire Protection Licensing Board and the National Fire Protection Association pamphlet number ten (No. 10): Standard for Portable Fire Extinguishers;

(C) (i) Each of the fire department personnel performing the filling and recharging of the portable fire extinguishers holds a current applicable individual license issued by the board. (ii) Only portable fire extinguishers owned by the particular fire department are subject to this exception; and

(i) Each of the fire department personnel performing the filling and recharging of the portable fire extinguishers holds a current applicable individual license issued by the board.

(ii) Only portable fire extinguishers owned by the particular fire department are subject to this exception; and

(D) All registration and licensure fees for licenses issued for these individual licenses are waived; and

(6) The hydrostatic testing (Class A Hydro list) by a firm of United States Department of Transportation-specification compressed gas cylinder used for or with a portable fire extinguisher or a fixed fire protection system owned by other firms or individuals: (A) When the testing is performed by personnel who have been specifically trained to perform the testing; (B) When the firm is currently licensed or permitted by the United States Department of Transportation to perform Class A Hydro tests; and (C) Where the hydrostatic testing of the cylinders is the only service performed on behalf of the individual or firm or its agent which owns the cylinder.

(A) When the testing is performed by personnel who have been specifically trained to perform the testing;

(B) When the firm is currently licensed or permitted by the United States Department of Transportation to perform Class A Hydro tests; and

(C) Where the hydrostatic testing of the cylinders is the only service performed on behalf of the individual or firm or its agent which owns the cylinder.

Amended by Act 2013, No. 1132,§ 19, eff. 8/16/2013.

Acts 1977, No. 743, § 9; 1983, No. 782, §§ 11, 12; 1985, No. 702, § 8; A.S.A. 1947, § 82-840; Acts 1987, No. 532, § 5; 1991, No. 392, § 1; 1993, No. 1215, § 2; 2003, No. 1074, § 2; 2009, No. 422, § 3.
Ark. Code Ann. § 20-9-208 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-208
Construction program - State plan
Status: in_force

(a) (1) The State Board of Health shall prepare and submit to the United States Surgeon General a state plan which shall include the hospital and medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations thereunder. (2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need. (b) Before the submission of the plan to the United States Surgeon General, the Department of Health shall give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in the plan may be given an opportunity to express their views. (c) After approval of the plan by the United States Surgeon General, the department shall cause to be published a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations. (d) The department shall from time to time review the construction program, submit to the United States Surgeon General any modifications of the program which it may find necessary, and may submit to the United States Surgeon General modifications of the state plan not inconsistent with the requirements of the federal act. Acts 1961, No. 414, §§ 12, 14; A.S.A. 1947, §§ 82-338, 82-340.

(a) (1) The State Board of Health shall prepare and submit to the United States Surgeon General a state plan which shall include the hospital and medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations thereunder. (2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need.

(1) The State Board of Health shall prepare and submit to the United States Surgeon General a state plan which shall include the hospital and medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations thereunder.

(2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need.

(b) Before the submission of the plan to the United States Surgeon General, the Department of Health shall give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in the plan may be given an opportunity to express their views.

(c) After approval of the plan by the United States Surgeon General, the department shall cause to be published a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations.

(d) The department shall from time to time review the construction program, submit to the United States Surgeon General any modifications of the program which it may find necessary, and may submit to the United States Surgeon General modifications of the state plan not inconsistent with the requirements of the federal act.

Acts 1961, No. 414, §§ 12, 14; A.S.A. 1947, §§ 82-338, 82-340.