Ark. Code Ann. § 20-78-202 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) (A) "Child Care Appeal Review Panel" or "panel" means an eleven-member body under the Department of Human Services which shall serve as a review and appeal body regarding licensure or registration actions. (B) (i) The panel shall consist of eleven (11) members, including the following: (a) Three (3) early childhood professionals; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; (d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and (e) Five (5) licensed childcare providers representing a diversity of childcare settings. (ii) Legal counsel from the office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member. (iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows: (a) One (1) early childhood professional; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; and (d) Two (2) licensed childcare providers. (iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission. (C) (i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel. (ii) Panel members may be replaced under the same guidelines as commission members. (D) (i) Members of the panel shall serve for three-year terms, not to exceed six (6) consecutive years of service on the panel. (ii) Members from the office of the Attorney General and the director shall hold permanent offices. (E) Members of the panel shall receive no compensation other than normal state reimbursement for travel, meals, and lodging when applicable. (F) The panel shall schedule monthly meetings and may meet more often as necessary. (G) A majority of the panel shall constitute a quorum, and a majority of those present may decide any issue before the panel. In the event of a tie vote by the panel, the Division of Child Care and Early Childhood Education decision shall stand. (H) (i) Decisions of the panel shall be the final administrative appeal. (ii) Providers or the Division of Child Care and Early Childhood Education may appeal the panel's findings to the circuit court of the licensee's county of residence or to the Pulaski County Circuit Court. (I) There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of the panel for any act or proceeding undertaken or performed within the scope of the functions of the panel if the panel member acts without malice or fraud; and (2) (A) (i) "Childcare facility" means any facility which provides care, training, education, or supervision for any unrelated minor child, whether or not the facility is operated for profit and whether or not the facility makes a charge for the services offered by it. (ii) For the purposes of this subdivision (2), "related minor child" means a minor child related by blood, marriage, or adoption to the owner or operator of the facility or a minor child who is a ward of the owner or operator of the facility pursuant to a guardianship order issued by an Arkansas court of competent jurisdiction. (B) This definition includes, but is not limited to, a nursery, a nursery school, a kindergarten, a daycare center, or a family daycare home. (C) In any case where a facility or the owner or operator thereof is appointed guardian of a total of ten (10) or more minors, it shall be presumed that the facility, owner, or operator is engaged in child care and shall be subject to childcare facility licensure. (D) However, this definition does not include: (i) Special schools or classes operated solely for religious instruction; (ii) Facilities operated in connection with a church, shopping center, business, or establishment where children are cared for during short periods of time while parents or persons in charge of the children are attending church services, shopping, or engaging in other activities during the periods; (iii) Any educational facility, whether private or public, which operates solely for educational purposes in grades one (1) or above and does not provide any custodial care; (iv) Kindergartens operated as a part of the public schools of this state; (v) Any situation, arrangement, or agreement by which one (1) or more persons care for fewer than six (6) children from more than one (1) family at the same time; (vi) Any educational facility, whether public or private, which operates a kindergarten program in conjunction with grades one (1) and above and provides short-term custodial care before or following classes for those students; (vii) (a) Any recreational facility or program, whether public or private, which operates solely as a place of recreation for minor children. (b) For purposes of this subdivision (2), a "recreational facility or program" is defined as a facility or program which operates with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings; (viii) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents, foster home, group home, or custodial institution. Those facilities shall be subject to program requirements modeled on nationally recognized correctional and child welfare standards, which shall be developed, administered, and monitored by the Division of Youth Services; and (ix) The Arkansas School for Mathematics, Sciences, and the Arts. (3) [Repealed.] (4) [Repealed.] (5) [Repealed.] Amended by Act 2019, No. 389,§ 80, eff. 7/24/2019. Acts 1969, No. 434, § 2; 1973, No. 123, § 4; 1983, No. 331, § 1; A.S.A. 1947, § 83-902; Acts 1989, No. 399, § 1; 1991, No. 163, § 1; 1995, No. 1340, § 1; 1997, No. 948, § 2; 1997, No. 1132, § 1; 1999, No. 1222, § 6.

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

(1) (A) "Child Care Appeal Review Panel" or "panel" means an eleven-member body under the Department of Human Services which shall serve as a review and appeal body regarding licensure or registration actions. (B) (i) The panel shall consist of eleven (11) members, including the following: (a) Three (3) early childhood professionals; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; (d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and (e) Five (5) licensed childcare providers representing a diversity of childcare settings. (ii) Legal counsel from the office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member. (iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows: (a) One (1) early childhood professional; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; and (d) Two (2) licensed childcare providers. (iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission. (C) (i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel. (ii) Panel members may be replaced under the same guidelines as commission members. (D) (i) Members of the panel shall serve for three-year terms, not to exceed six (6) consecutive years of service on the panel. (ii) Members from the office of the Attorney General and the director shall hold permanent offices. (E) Members of the panel shall receive no compensation other than normal state reimbursement for travel, meals, and lodging when applicable. (F) The panel shall schedule monthly meetings and may meet more often as necessary. (G) A majority of the panel shall constitute a quorum, and a majority of those present may decide any issue before the panel. In the event of a tie vote by the panel, the Division of Child Care and Early Childhood Education decision shall stand. (H) (i) Decisions of the panel shall be the final administrative appeal. (ii) Providers or the Division of Child Care and Early Childhood Education may appeal the panel's findings to the circuit court of the licensee's county of residence or to the Pulaski County Circuit Court. (I) There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of the panel for any act or proceeding undertaken or performed within the scope of the functions of the panel if the panel member acts without malice or fraud; and

(A) "Child Care Appeal Review Panel" or "panel" means an eleven-member body under the Department of Human Services which shall serve as a review and appeal body regarding licensure or registration actions.

(B) (i) The panel shall consist of eleven (11) members, including the following: (a) Three (3) early childhood professionals; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; (d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and (e) Five (5) licensed childcare providers representing a diversity of childcare settings. (ii) Legal counsel from the office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member. (iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows: (a) One (1) early childhood professional; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; and (d) Two (2) licensed childcare providers. (iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission.

(i) The panel shall consist of eleven (11) members, including the following: (a) Three (3) early childhood professionals; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; (d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and (e) Five (5) licensed childcare providers representing a diversity of childcare settings.

(a) Three (3) early childhood professionals;

(b) One (1) pediatric health professional;

(c) One (1) parent of a child in a licensed early childhood program;

(d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and

(e) Five (5) licensed childcare providers representing a diversity of childcare settings.

(ii) Legal counsel from the office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member.

(iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows: (a) One (1) early childhood professional; (b) One (1) pediatric health professional; (c) One (1) parent of a child in a licensed early childhood program; and (d) Two (2) licensed childcare providers.

(a) One (1) early childhood professional;

(b) One (1) pediatric health professional;

(c) One (1) parent of a child in a licensed early childhood program; and

(d) Two (2) licensed childcare providers.

(iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission.

(C) (i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel. (ii) Panel members may be replaced under the same guidelines as commission members.

(i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel.

(ii) Panel members may be replaced under the same guidelines as commission members.

(D) (i) Members of the panel shall serve for three-year terms, not to exceed six (6) consecutive years of service on the panel. (ii) Members from the office of the Attorney General and the director shall hold permanent offices.

(i) Members of the panel shall serve for three-year terms, not to exceed six (6) consecutive years of service on the panel.

(ii) Members from the office of the Attorney General and the director shall hold permanent offices.

(E) Members of the panel shall receive no compensation other than normal state reimbursement for travel, meals, and lodging when applicable.

(F) The panel shall schedule monthly meetings and may meet more often as necessary.

(G) A majority of the panel shall constitute a quorum, and a majority of those present may decide any issue before the panel. In the event of a tie vote by the panel, the Division of Child Care and Early Childhood Education decision shall stand.

(H) (i) Decisions of the panel shall be the final administrative appeal. (ii) Providers or the Division of Child Care and Early Childhood Education may appeal the panel's findings to the circuit court of the licensee's county of residence or to the Pulaski County Circuit Court.

(i) Decisions of the panel shall be the final administrative appeal.

(ii) Providers or the Division of Child Care and Early Childhood Education may appeal the panel's findings to the circuit court of the licensee's county of residence or to the Pulaski County Circuit Court.

(I) There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of the panel for any act or proceeding undertaken or performed within the scope of the functions of the panel if the panel member acts without malice or fraud; and

(2) (A) (i) "Childcare facility" means any facility which provides care, training, education, or supervision for any unrelated minor child, whether or not the facility is operated for profit and whether or not the facility makes a charge for the services offered by it. (ii) For the purposes of this subdivision (2), "related minor child" means a minor child related by blood, marriage, or adoption to the owner or operator of the facility or a minor child who is a ward of the owner or operator of the facility pursuant to a guardianship order issued by an Arkansas court of competent jurisdiction. (B) This definition includes, but is not limited to, a nursery, a nursery school, a kindergarten, a daycare center, or a family daycare home. (C) In any case where a facility or the owner or operator thereof is appointed guardian of a total of ten (10) or more minors, it shall be presumed that the facility, owner, or operator is engaged in child care and shall be subject to childcare facility licensure. (D) However, this definition does not include: (i) Special schools or classes operated solely for religious instruction; (ii) Facilities operated in connection with a church, shopping center, business, or establishment where children are cared for during short periods of time while parents or persons in charge of the children are attending church services, shopping, or engaging in other activities during the periods; (iii) Any educational facility, whether private or public, which operates solely for educational purposes in grades one (1) or above and does not provide any custodial care; (iv) Kindergartens operated as a part of the public schools of this state; (v) Any situation, arrangement, or agreement by which one (1) or more persons care for fewer than six (6) children from more than one (1) family at the same time; (vi) Any educational facility, whether public or private, which operates a kindergarten program in conjunction with grades one (1) and above and provides short-term custodial care before or following classes for those students; (vii) (a) Any recreational facility or program, whether public or private, which operates solely as a place of recreation for minor children. (b) For purposes of this subdivision (2), a "recreational facility or program" is defined as a facility or program which operates with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings; (viii) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents, foster home, group home, or custodial institution. Those facilities shall be subject to program requirements modeled on nationally recognized correctional and child welfare standards, which shall be developed, administered, and monitored by the Division of Youth Services; and (ix) The Arkansas School for Mathematics, Sciences, and the Arts.

(A) (i) "Childcare facility" means any facility which provides care, training, education, or supervision for any unrelated minor child, whether or not the facility is operated for profit and whether or not the facility makes a charge for the services offered by it. (ii) For the purposes of this subdivision (2), "related minor child" means a minor child related by blood, marriage, or adoption to the owner or operator of the facility or a minor child who is a ward of the owner or operator of the facility pursuant to a guardianship order issued by an Arkansas court of competent jurisdiction.

(i) "Childcare facility" means any facility which provides care, training, education, or supervision for any unrelated minor child, whether or not the facility is operated for profit and whether or not the facility makes a charge for the services offered by it.

(ii) For the purposes of this subdivision (2), "related minor child" means a minor child related by blood, marriage, or adoption to the owner or operator of the facility or a minor child who is a ward of the owner or operator of the facility pursuant to a guardianship order issued by an Arkansas court of competent jurisdiction.

(B) This definition includes, but is not limited to, a nursery, a nursery school, a kindergarten, a daycare center, or a family daycare home.

(C) In any case where a facility or the owner or operator thereof is appointed guardian of a total of ten (10) or more minors, it shall be presumed that the facility, owner, or operator is engaged in child care and shall be subject to childcare facility licensure.

(D) However, this definition does not include: (i) Special schools or classes operated solely for religious instruction; (ii) Facilities operated in connection with a church, shopping center, business, or establishment where children are cared for during short periods of time while parents or persons in charge of the children are attending church services, shopping, or engaging in other activities during the periods; (iii) Any educational facility, whether private or public, which operates solely for educational purposes in grades one (1) or above and does not provide any custodial care; (iv) Kindergartens operated as a part of the public schools of this state; (v) Any situation, arrangement, or agreement by which one (1) or more persons care for fewer than six (6) children from more than one (1) family at the same time; (vi) Any educational facility, whether public or private, which operates a kindergarten program in conjunction with grades one (1) and above and provides short-term custodial care before or following classes for those students; (vii) (a) Any recreational facility or program, whether public or private, which operates solely as a place of recreation for minor children. (b) For purposes of this subdivision (2), a "recreational facility or program" is defined as a facility or program which operates with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings; (viii) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents, foster home, group home, or custodial institution. Those facilities shall be subject to program requirements modeled on nationally recognized correctional and child welfare standards, which shall be developed, administered, and monitored by the Division of Youth Services; and (ix) The Arkansas School for Mathematics, Sciences, and the Arts.

(i) Special schools or classes operated solely for religious instruction;

(ii) Facilities operated in connection with a church, shopping center, business, or establishment where children are cared for during short periods of time while parents or persons in charge of the children are attending church services, shopping, or engaging in other activities during the periods;

(iii) Any educational facility, whether private or public, which operates solely for educational purposes in grades one (1) or above and does not provide any custodial care;

(iv) Kindergartens operated as a part of the public schools of this state;

(v) Any situation, arrangement, or agreement by which one (1) or more persons care for fewer than six (6) children from more than one (1) family at the same time;

(vi) Any educational facility, whether public or private, which operates a kindergarten program in conjunction with grades one (1) and above and provides short-term custodial care before or following classes for those students;

(vii) (a) Any recreational facility or program, whether public or private, which operates solely as a place of recreation for minor children. (b) For purposes of this subdivision (2), a "recreational facility or program" is defined as a facility or program which operates with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings;

(a) Any recreational facility or program, whether public or private, which operates solely as a place of recreation for minor children.

(b) For purposes of this subdivision (2), a "recreational facility or program" is defined as a facility or program which operates with children arriving and leaving voluntarily for scheduled classes, activities, practice, games, and meetings;

(viii) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents, foster home, group home, or custodial institution. Those facilities shall be subject to program requirements modeled on nationally recognized correctional and child welfare standards, which shall be developed, administered, and monitored by the Division of Youth Services; and

(ix) The Arkansas School for Mathematics, Sciences, and the Arts.

(3) [Repealed.]

(4) [Repealed.]

(5) [Repealed.]

Amended by Act 2019, No. 389,§ 80, eff. 7/24/2019.

Acts 1969, No. 434, § 2; 1973, No. 123, § 4; 1983, No. 331, § 1; A.S.A. 1947, § 83-902; Acts 1989, No. 399, § 1; 1991, No. 163, § 1; 1995, No. 1340, § 1; 1997, No. 948, § 2; 1997, No. 1132, § 1; 1999, No. 1222, § 6.
Ark. Code Ann. § 20-27-1605 — AR Code / Title 20 / Chapter 27 / Subchapter 16 / Section 20-27-1605
Unsafe children's products - Childcare facilities
Status: in_force

(a) (1) A childcare facility may not use or have on the premises an unsafe children's product as described in this subchapter. (2) This subsection does not apply to an antique or collectible children's product if it is not used by or accessible to any child in the childcare facility. (b) (1) Within sixty (60) calendar days after August 13, 2001, the Attorney General shall send a letter to all licensed childcare facilities informing them of the provisions of this subchapter. (2) (A) The Attorney General shall notify licensed childcare facilities of the provisions of this subchapter and of recalled children's products as identified by the United States Consumer Product Safety Commission by maintaining a list of those products on its website. (B) The list shall be updated quarterly. (c) The Department of Human Services may promulgate rules to carry out this section. (d) (1) Each childcare facility shall maintain a file containing the list of recalled children's products maintained on the Attorney General's or the United States Consumer Product Safety Commission's website and any updates to the list and shall make the file accessible to the facility staff members and to parents of the children who attend the facility. (2) A childcare facility may request the Attorney General's office to assist it in obtaining the list by providing its name and mailing address to the United States Consumer Product Safety Commission for the purpose of receiving the list of recalled children's products and quarterly updates through a mailing sent directly from the United States Consumer Product Safety Commission or by providing the United States Consumer Product Safety Commission with the facility's electronic mail address so it may receive the list and updates by electronic mail notification. (e) (1) As part of the licensing, licensing renewal, or periodic update process conducted by the department, each childcare facility shall certify in writing on forms provided by the department, that it has reviewed the list of recalled children's products maintained by the office of the Attorney General or the United States Consumer Product Safety Commission and any updates to the list, and that after a thorough inspection, to the best of its knowledge, there are no unsafe children's toys, furniture, or equipment in the facility. (2) The office of the Attorney General shall prepare a certification form, and the department shall require each facility to complete the certification form in the process of licensing, licensing renewal, or periodic update. (3) The department shall retain the certification form completed by each facility in each respective facility's licensing file. Acts 2001, No. 1313, § 5; 2003, No. 1159, § 2.

(a) (1) A childcare facility may not use or have on the premises an unsafe children's product as described in this subchapter. (2) This subsection does not apply to an antique or collectible children's product if it is not used by or accessible to any child in the childcare facility.

(1) A childcare facility may not use or have on the premises an unsafe children's product as described in this subchapter.

(2) This subsection does not apply to an antique or collectible children's product if it is not used by or accessible to any child in the childcare facility.

(b) (1) Within sixty (60) calendar days after August 13, 2001, the Attorney General shall send a letter to all licensed childcare facilities informing them of the provisions of this subchapter. (2) (A) The Attorney General shall notify licensed childcare facilities of the provisions of this subchapter and of recalled children's products as identified by the United States Consumer Product Safety Commission by maintaining a list of those products on its website. (B) The list shall be updated quarterly.

(1) Within sixty (60) calendar days after August 13, 2001, the Attorney General shall send a letter to all licensed childcare facilities informing them of the provisions of this subchapter.

(2) (A) The Attorney General shall notify licensed childcare facilities of the provisions of this subchapter and of recalled children's products as identified by the United States Consumer Product Safety Commission by maintaining a list of those products on its website. (B) The list shall be updated quarterly.

(A) The Attorney General shall notify licensed childcare facilities of the provisions of this subchapter and of recalled children's products as identified by the United States Consumer Product Safety Commission by maintaining a list of those products on its website.

(B) The list shall be updated quarterly.

(c) The Department of Human Services may promulgate rules to carry out this section.

(d) (1) Each childcare facility shall maintain a file containing the list of recalled children's products maintained on the Attorney General's or the United States Consumer Product Safety Commission's website and any updates to the list and shall make the file accessible to the facility staff members and to parents of the children who attend the facility. (2) A childcare facility may request the Attorney General's office to assist it in obtaining the list by providing its name and mailing address to the United States Consumer Product Safety Commission for the purpose of receiving the list of recalled children's products and quarterly updates through a mailing sent directly from the United States Consumer Product Safety Commission or by providing the United States Consumer Product Safety Commission with the facility's electronic mail address so it may receive the list and updates by electronic mail notification.

(1) Each childcare facility shall maintain a file containing the list of recalled children's products maintained on the Attorney General's or the United States Consumer Product Safety Commission's website and any updates to the list and shall make the file accessible to the facility staff members and to parents of the children who attend the facility.

(2) A childcare facility may request the Attorney General's office to assist it in obtaining the list by providing its name and mailing address to the United States Consumer Product Safety Commission for the purpose of receiving the list of recalled children's products and quarterly updates through a mailing sent directly from the United States Consumer Product Safety Commission or by providing the United States Consumer Product Safety Commission with the facility's electronic mail address so it may receive the list and updates by electronic mail notification.

(e) (1) As part of the licensing, licensing renewal, or periodic update process conducted by the department, each childcare facility shall certify in writing on forms provided by the department, that it has reviewed the list of recalled children's products maintained by the office of the Attorney General or the United States Consumer Product Safety Commission and any updates to the list, and that after a thorough inspection, to the best of its knowledge, there are no unsafe children's toys, furniture, or equipment in the facility. (2) The office of the Attorney General shall prepare a certification form, and the department shall require each facility to complete the certification form in the process of licensing, licensing renewal, or periodic update. (3) The department shall retain the certification form completed by each facility in each respective facility's licensing file.

(1) As part of the licensing, licensing renewal, or periodic update process conducted by the department, each childcare facility shall certify in writing on forms provided by the department, that it has reviewed the list of recalled children's products maintained by the office of the Attorney General or the United States Consumer Product Safety Commission and any updates to the list, and that after a thorough inspection, to the best of its knowledge, there are no unsafe children's toys, furniture, or equipment in the facility.

(2) The office of the Attorney General shall prepare a certification form, and the department shall require each facility to complete the certification form in the process of licensing, licensing renewal, or periodic update.

(3) The department shall retain the certification form completed by each facility in each respective facility's licensing file.

Acts 2001, No. 1313, § 5; 2003, No. 1159, § 2.
Ark. Code Ann. § 20-47-402 — AR Code / Title 20 / Chapter 47 / Subchapter 4 / Section 20-47-402
Commitment to United States Department of Veterans Affairs and certain other federal hospitals - Generally
Status: in_force

(a) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after the adjudication of the status of the person as may be required by law that commitment to a hospital or other institution because of mental disease is necessary for safekeeping or treatment and it appears that the person is eligible for care or treatment by the United States Department of Veterans Affairs or other agency of the United States Government, then the court, upon receipt of a certificate from the United States Department of Veterans Affairs or other agency showing that facilities are available and that the person is eligible for care or treatment therein, may commit the person to the United States Department of Veterans Affairs or other agency. (b) The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state. Nothing in this act shall affect his or her right to appear and be heard in the proceedings. (c) Upon commitment, the person when admitted to any facility operated by any agency within or without this state shall be subject to the rules and regulations of the United States Department of Veterans Affairs or other agency. (d) The chief officer of any facility of the United States Department of Veterans Affairs or an institution operated by any other agency or the United States to which the person is so committed shall, with respect to the person, be vested with the same powers as directors of state hospitals for mental diseases within the state are with respect to retention of custody, transfer, parole, or discharge. (e) Jurisdiction is retained in the committing court or other appropriate court of this state any time to inquire into the mental condition of the person so committed and to determine the necessity for continuance of his or her restraint, and all commitments pursuant to this act are so conditioned. Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.

(a) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after the adjudication of the status of the person as may be required by law that commitment to a hospital or other institution because of mental disease is necessary for safekeeping or treatment and it appears that the person is eligible for care or treatment by the United States Department of Veterans Affairs or other agency of the United States Government, then the court, upon receipt of a certificate from the United States Department of Veterans Affairs or other agency showing that facilities are available and that the person is eligible for care or treatment therein, may commit the person to the United States Department of Veterans Affairs or other agency.

(b) The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state. Nothing in this act shall affect his or her right to appear and be heard in the proceedings.

(c) Upon commitment, the person when admitted to any facility operated by any agency within or without this state shall be subject to the rules and regulations of the United States Department of Veterans Affairs or other agency.

(d) The chief officer of any facility of the United States Department of Veterans Affairs or an institution operated by any other agency or the United States to which the person is so committed shall, with respect to the person, be vested with the same powers as directors of state hospitals for mental diseases within the state are with respect to retention of custody, transfer, parole, or discharge.

(e) Jurisdiction is retained in the committing court or other appropriate court of this state any time to inquire into the mental condition of the person so committed and to determine the necessity for continuance of his or her restraint, and all commitments pursuant to this act are so conditioned.

Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.
Ark. Code Ann. § 20-60-202 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-202
Policy - Legislative findings
Status: in_force

(a) The General Assembly finds that: (1) Meat and meat food products are an important source of the supply of human food in this state; (2) Legislation to assure that the food supplies are wholesome, unadulterated, and otherwise fit for human consumption and properly labeled is in the public interest; (3) The lack of a state meat inspection program causes a significant loss of revenue generated from meat processing for this state and stifles opportunities for farmers in this state to expand their meat processing capacity; (4) A state meat inspection program would ensure the preservation of family farms and local businesses and enhance rural economic development as well as the environmental and social wealth of rural communities; (5) Without a state meat inspection program, it is currently prohibitively expensive for food banks to receive and distribute meat, which limits the ability of food banks to provide senior citizens with meals containing high amounts of protein and other important nutrients; (6) A state meat inspection program would decrease the cost of receiving and distributing meat for food banks and allow food banks to provide meals containing high amounts of protein and other important nutrients to senior citizens who are often underserved by food assistance programs; and (7) A state meat inspection program that is locally controlled would preserve the ability of communities to produce, process, sell, purchase, and consume locally produced foods. (b) The policy of this state is to provide for the inspection of livestock slaughtered, livestock carcasses, parts of livestock carcasses, and meat food products processed from livestock slaughtered for human food at certain establishments to prevent the distribution in intrastate commerce of livestock carcasses, parts of livestock carcasses, and meat food products that are unwholesome, adulterated, or otherwise inedible by humans, or are improperly labeled or falsely advertised. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Acts 1967, No. 320, § 2; A.S.A. 1947, § 82-2002.

(a) The General Assembly finds that: (1) Meat and meat food products are an important source of the supply of human food in this state; (2) Legislation to assure that the food supplies are wholesome, unadulterated, and otherwise fit for human consumption and properly labeled is in the public interest; (3) The lack of a state meat inspection program causes a significant loss of revenue generated from meat processing for this state and stifles opportunities for farmers in this state to expand their meat processing capacity; (4) A state meat inspection program would ensure the preservation of family farms and local businesses and enhance rural economic development as well as the environmental and social wealth of rural communities; (5) Without a state meat inspection program, it is currently prohibitively expensive for food banks to receive and distribute meat, which limits the ability of food banks to provide senior citizens with meals containing high amounts of protein and other important nutrients; (6) A state meat inspection program would decrease the cost of receiving and distributing meat for food banks and allow food banks to provide meals containing high amounts of protein and other important nutrients to senior citizens who are often underserved by food assistance programs; and (7) A state meat inspection program that is locally controlled would preserve the ability of communities to produce, process, sell, purchase, and consume locally produced foods.

(1) Meat and meat food products are an important source of the supply of human food in this state;

(2) Legislation to assure that the food supplies are wholesome, unadulterated, and otherwise fit for human consumption and properly labeled is in the public interest;

(3) The lack of a state meat inspection program causes a significant loss of revenue generated from meat processing for this state and stifles opportunities for farmers in this state to expand their meat processing capacity;

(4) A state meat inspection program would ensure the preservation of family farms and local businesses and enhance rural economic development as well as the environmental and social wealth of rural communities;

(5) Without a state meat inspection program, it is currently prohibitively expensive for food banks to receive and distribute meat, which limits the ability of food banks to provide senior citizens with meals containing high amounts of protein and other important nutrients;

(6) A state meat inspection program would decrease the cost of receiving and distributing meat for food banks and allow food banks to provide meals containing high amounts of protein and other important nutrients to senior citizens who are often underserved by food assistance programs; and

(7) A state meat inspection program that is locally controlled would preserve the ability of communities to produce, process, sell, purchase, and consume locally produced foods.

(b) The policy of this state is to provide for the inspection of livestock slaughtered, livestock carcasses, parts of livestock carcasses, and meat food products processed from livestock slaughtered for human food at certain establishments to prevent the distribution in intrastate commerce of livestock carcasses, parts of livestock carcasses, and meat food products that are unwholesome, adulterated, or otherwise inedible by humans, or are improperly labeled or falsely advertised.

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

Acts 1967, No. 320, § 2; A.S.A. 1947, § 82-2002.
Ark. Code Ann. § 20-19-102 — AR Code / Title 20 / Chapter 19 / Subchapter 1 / Section 20-19-102
Injuries to domesticated animals by dogs - Definition
Status: in_force

(a) (1) As used in this section, "domesticated animals" includes, but is not limited to, sheep, goats, cattle, swine, and poultry. (2) A person owning or having in possession or under control a dog is liable for damages to the owner or owners of a domesticated animal killed or injured by the dog for the full value of the domesticated animal killed or injured. (b) (1) A person engaged in raising domesticated animals or owning domesticated animals who sustains a loss or damage to any of his or her domesticated animals by a dog has a right of action against the owner, possessor, or controller of the dog. (2) A person knowing that a dog has killed or is about to catch, injure, or kill a domesticated animal has the right to kill the dog, without liability to the owner of the dog. (c) The person sustaining loss or damage under subsection (b) of this section and desiring remuneration may go before the circuit court or district court having jurisdiction where the loss or damage occurred and allege the loss or damage sustained, the value of the loss or damage, and the identity of the dog and the dog's owner, possessor, or controller by filing a complaint with the circuit court or district court having jurisdiction as permitted by the Arkansas Rules of Civil Procedure, which under the rules may issue a summons to the defendant to appear in the circuit court or district court having jurisdiction and answer the allegations. Amended by Act 2017, No. 299,§ 4, eff. 8/1/2017. Acts 1887, No. 136, §§ 1-4, p. 235; 1917, No. 155, §§ 1, 2; C. & M. Dig., §§ 339-343; Pope's Dig., §§ 354-358; A.S.A. 1947, §§ 78-206 -- 78-210; Acts 1987, No. 393, §§ 1, 2.

(a) (1) As used in this section, "domesticated animals" includes, but is not limited to, sheep, goats, cattle, swine, and poultry. (2) A person owning or having in possession or under control a dog is liable for damages to the owner or owners of a domesticated animal killed or injured by the dog for the full value of the domesticated animal killed or injured.

(1) As used in this section, "domesticated animals" includes, but is not limited to, sheep, goats, cattle, swine, and poultry.

(2) A person owning or having in possession or under control a dog is liable for damages to the owner or owners of a domesticated animal killed or injured by the dog for the full value of the domesticated animal killed or injured.

(b) (1) A person engaged in raising domesticated animals or owning domesticated animals who sustains a loss or damage to any of his or her domesticated animals by a dog has a right of action against the owner, possessor, or controller of the dog. (2) A person knowing that a dog has killed or is about to catch, injure, or kill a domesticated animal has the right to kill the dog, without liability to the owner of the dog.

(1) A person engaged in raising domesticated animals or owning domesticated animals who sustains a loss or damage to any of his or her domesticated animals by a dog has a right of action against the owner, possessor, or controller of the dog.

(2) A person knowing that a dog has killed or is about to catch, injure, or kill a domesticated animal has the right to kill the dog, without liability to the owner of the dog.

(c) The person sustaining loss or damage under subsection (b) of this section and desiring remuneration may go before the circuit court or district court having jurisdiction where the loss or damage occurred and allege the loss or damage sustained, the value of the loss or damage, and the identity of the dog and the dog's owner, possessor, or controller by filing a complaint with the circuit court or district court having jurisdiction as permitted by the Arkansas Rules of Civil Procedure, which under the rules may issue a summons to the defendant to appear in the circuit court or district court having jurisdiction and answer the allegations.

Amended by Act 2017, No. 299,§ 4, eff. 8/1/2017.

Acts 1887, No. 136, §§ 1-4, p. 235; 1917, No. 155, §§ 1, 2; C. & M. Dig., §§ 339-343; Pope's Dig., §§ 354-358; A.S.A. 1947, §§ 78-206 -- 78-210; Acts 1987, No. 393, §§ 1, 2.
Ark. Code Ann. § 20-9-213 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-213
License required - Administration by State Board of Health
Status: in_force

(a) No hospital, recuperation center, or related institution shall be established, conducted, or maintained in this state without obtaining a license. (b) The State Board of Health may provide, by properly promulgating rules, for the issuance of a recuperation center license. (c) The Department of Health may provide, by properly promulgating rules, for the issuance of permanent type licenses, subject to revocation. Amended by Act 2019, No. 315,§ 1832, eff. 7/24/2019. Acts 1961, No. 414, § 19; 1965, No. 434, § 1; 1971, No. 258, § 2; A.S.A. 1947, § 82-345.

(a) No hospital, recuperation center, or related institution shall be established, conducted, or maintained in this state without obtaining a license.

(b) The State Board of Health may provide, by properly promulgating rules, for the issuance of a recuperation center license.

(c) The Department of Health may provide, by properly promulgating rules, for the issuance of permanent type licenses, subject to revocation.

Amended by Act 2019, No. 315,§ 1832, eff. 7/24/2019.

Acts 1961, No. 414, § 19; 1965, No. 434, § 1; 1971, No. 258, § 2; A.S.A. 1947, § 82-345.
Ark. Code Ann. § 20-48-701 — AR Code / Title 20 / Chapter 48 / Subchapter 7 / Section 20-48-701
Finding
Status: in_force

The General Assembly finds that the State of Arkansas contracts with nonprofit community programs serving individuals with developmental disabilities as quasi-governmental instrumentalities of the state in order to provide a service that the state would otherwise provide for this population through state-operated programs and facilities. Acts 2001, No. 1792, § 1; 2007, No. 645, § 2 [4].

The General Assembly finds that the State of Arkansas contracts with nonprofit community programs serving individuals with developmental disabilities as quasi-governmental instrumentalities of the state in order to provide a service that the state would otherwise provide for this population through state-operated programs and facilities.

Acts 2001, No. 1792, § 1; 2007, No. 645, § 2 [4].
Ark. Code Ann. § 20-27-2501 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Lead-Based Paint Hazard Act of 2011". Acts 2011, No. 1011, § 6.

This subchapter shall be known and may be cited as the "Arkansas Lead-Based Paint Hazard Act of 2011".

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-10-1709 — AR Code / Title 20 / Chapter 10 / Subchapter 17 / Section 20-10-1709
Permit of approval
Status: in_force

(a) Facilities offering assisted living services shall obtain a permit of approval. However, permits of approval held by residential care facilities as of April 2, 2001, or held by subsequent purchasers of those facilities, shall also be considered permits of approval for assisted living without further action. However, residential care facilities that choose to offer assisted living services are not exempted from assisted living licensure requirements except as provided in § 20-10-1704 . (b) (1) (A) Provided, further, that in order to take advantage of a Robert Wood Johnson Foundation grant, one (1) new facility chosen by the Department of Human Services may serve as a pilot project without the necessity of a permit of approval. This facility shall be exempt from the permit of approval process, provided that in 2001 it is awarded funding from the Coming Home Project and tax credits from the Arkansas Development Finance Authority. (B) The Coming Home Project means the Robert Wood Johnson Foundation/NCB Development Corporation grant. (2) The facility shall have no more than sixty (60) beds and shall serve a population a majority of which is low-income as defined by the United States Department of Housing and Urban Development. (3) The pilot project facility shall still meet all other licensure requirements. Acts 2001, No. 1230, § 9.

(a) Facilities offering assisted living services shall obtain a permit of approval. However, permits of approval held by residential care facilities as of April 2, 2001, or held by subsequent purchasers of those facilities, shall also be considered permits of approval for assisted living without further action. However, residential care facilities that choose to offer assisted living services are not exempted from assisted living licensure requirements except as provided in § 20-10-1704 .

(b) (1) (A) Provided, further, that in order to take advantage of a Robert Wood Johnson Foundation grant, one (1) new facility chosen by the Department of Human Services may serve as a pilot project without the necessity of a permit of approval. This facility shall be exempt from the permit of approval process, provided that in 2001 it is awarded funding from the Coming Home Project and tax credits from the Arkansas Development Finance Authority. (B) The Coming Home Project means the Robert Wood Johnson Foundation/NCB Development Corporation grant. (2) The facility shall have no more than sixty (60) beds and shall serve a population a majority of which is low-income as defined by the United States Department of Housing and Urban Development. (3) The pilot project facility shall still meet all other licensure requirements.

(1) (A) Provided, further, that in order to take advantage of a Robert Wood Johnson Foundation grant, one (1) new facility chosen by the Department of Human Services may serve as a pilot project without the necessity of a permit of approval. This facility shall be exempt from the permit of approval process, provided that in 2001 it is awarded funding from the Coming Home Project and tax credits from the Arkansas Development Finance Authority. (B) The Coming Home Project means the Robert Wood Johnson Foundation/NCB Development Corporation grant.

(A) Provided, further, that in order to take advantage of a Robert Wood Johnson Foundation grant, one (1) new facility chosen by the Department of Human Services may serve as a pilot project without the necessity of a permit of approval. This facility shall be exempt from the permit of approval process, provided that in 2001 it is awarded funding from the Coming Home Project and tax credits from the Arkansas Development Finance Authority.

(B) The Coming Home Project means the Robert Wood Johnson Foundation/NCB Development Corporation grant.

(2) The facility shall have no more than sixty (60) beds and shall serve a population a majority of which is low-income as defined by the United States Department of Housing and Urban Development.

(3) The pilot project facility shall still meet all other licensure requirements.

Acts 2001, No. 1230, § 9.
Ark. Code Ann. § 20-19-602 — AR Code / Title 20 / Chapter 19 / Subchapter 6 / Section 20-19-602
Prohibited activities
Status: in_force

(a) A person shall not import, possess, sell, or breed the following primates: (1) An ape; (2) A baboon; or (3) A macaque. (b) (1) (A) It is unlawful for a person to allow a member of the public to come into direct contact with a primate. (B) Subdivision (b)(1)(A) of this section does not apply to a registered primate owner, the family of a registered primate owner, or an invited guest of a registered primate owner. (2) If a primate potentially exposes a human to rabies or another zoonotic disease by penetration or abrasion of the skin, the owner of the primate shall report the potential exposure to the local public health office within twenty-four (24) hours. (c) (1) It is unlawful for a person to tether a primate outdoors, such as on a leash or chain, or to allow a primate to run at-large. (2) If a primate escapes or is released, the owner of the primate immediately shall contact a law enforcement officer in the county in which the primate is kept and the Arkansas State Game and Fish Commission to report the loss, escape, or release. (3) The owner of a primate that escapes or is released is liable for all expenses associated with efforts to recapture the primate. (d) It is unlawful to violate the caging and care standards in this subchapter or to keep a primate in a manner that threatens animal welfare or public safety. (e) It is unlawful to operate a primate commercial breeding facility in this state. Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.

(a) A person shall not import, possess, sell, or breed the following primates: (1) An ape; (2) A baboon; or (3) A macaque.

(1) An ape;

(2) A baboon; or

(3) A macaque.

(b) (1) (A) It is unlawful for a person to allow a member of the public to come into direct contact with a primate. (B) Subdivision (b)(1)(A) of this section does not apply to a registered primate owner, the family of a registered primate owner, or an invited guest of a registered primate owner. (2) If a primate potentially exposes a human to rabies or another zoonotic disease by penetration or abrasion of the skin, the owner of the primate shall report the potential exposure to the local public health office within twenty-four (24) hours.

(1) (A) It is unlawful for a person to allow a member of the public to come into direct contact with a primate. (B) Subdivision (b)(1)(A) of this section does not apply to a registered primate owner, the family of a registered primate owner, or an invited guest of a registered primate owner.

(A) It is unlawful for a person to allow a member of the public to come into direct contact with a primate.

(B) Subdivision (b)(1)(A) of this section does not apply to a registered primate owner, the family of a registered primate owner, or an invited guest of a registered primate owner.

(2) If a primate potentially exposes a human to rabies or another zoonotic disease by penetration or abrasion of the skin, the owner of the primate shall report the potential exposure to the local public health office within twenty-four (24) hours.

(c) (1) It is unlawful for a person to tether a primate outdoors, such as on a leash or chain, or to allow a primate to run at-large. (2) If a primate escapes or is released, the owner of the primate immediately shall contact a law enforcement officer in the county in which the primate is kept and the Arkansas State Game and Fish Commission to report the loss, escape, or release. (3) The owner of a primate that escapes or is released is liable for all expenses associated with efforts to recapture the primate.

(1) It is unlawful for a person to tether a primate outdoors, such as on a leash or chain, or to allow a primate to run at-large.

(2) If a primate escapes or is released, the owner of the primate immediately shall contact a law enforcement officer in the county in which the primate is kept and the Arkansas State Game and Fish Commission to report the loss, escape, or release.

(3) The owner of a primate that escapes or is released is liable for all expenses associated with efforts to recapture the primate.

(d) It is unlawful to violate the caging and care standards in this subchapter or to keep a primate in a manner that threatens animal welfare or public safety.

(e) It is unlawful to operate a primate commercial breeding facility in this state.

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-61-101 — AR Code / Title 20 / Chapter 61 / Subchapter 1 / Section 20-61-101
Foreign fish
Status: in_force

(a) No fresh, cold storage, or frozen fish produced outside this state or in any foreign country and imported into the United States shall be sold or offered for sale in this state by any food establishment unless: (1) The package or container containing the food bears a statement in writing naming thereon the country of origin, the date of packaging, and the common name of all fish contained therein; and (2) The fish has been packaged and processed under sanitary conditions equal to the standards required by the laws and rules of this state for fish processing plants. (b) (1) Outlets serving cooked, fresh, cold storage, or frozen fish at retail which display on the menu or in some conspicuous public place in the outlet the identity of the country of origin and the common name of all fish as reflected on the menu or sold in the outlet shall be deemed as having satisfied the requirements of subdivision (a)(1) of this section. (2) All suppliers of any fresh, cold storage, or frozen fish shall furnish to the distributor or retailer to which the products are sold in this state an affidavit that all products are properly labeled, as required in this section, with respect to the country of origin of and the contents of any foreign imported fish. This affidavit shall include a certificate that the supplier has caused each of the products to be properly labeled in conformance with the requirements of this section. (3) (A) The Director of the Arkansas Bureau of Standards and enforcement personnel of the Arkansas Bureau of Standards are authorized to enforce the requirements of subsection (a) and subdivisions (b)(1) and (2) of this section. (B) The director is authorized to promulgate rules necessary to enforce subsection (a) and subdivisions (b)(1) and (2) of this section. (4) In addition, all suppliers of any fresh, cold storage, or frozen fish shall furnish to any distributor or retailer to which the product is sold in this state proof that the fish has been packaged and processed under sanitary conditions equal to the sanitary conditions required of fish processing plants in this state. The proof may be upon certification by the Department of Health or certification by the United States Food and Drug Administration or other appropriate federal agency that the processing plant in which the fish was packaged or processed meets sanitary conditions within at least the minimum requirements of the laws and rules of this state for fish processing plants, or proof may be upon the certification of the supplier that the fish packaged or processed outside this state or in a foreign country was packaged or processed in a fish processing plant that meets at least the minimum requirements of the laws and rules of this state for sanitary conditions for fish processing plants. (c) Any supplier of fresh, cold storage, or frozen fish or any distributor or retailer who sells any fish in this state in violation of the provisions of this section shall each be individually and severally subject to the civil penalties as provided in subsection (d) of this section. (d) (1) A violator of this section shall be assessed by the State Plant Board a civil penalty of: (A) Not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for a first violation; (B) Not less than four hundred dollars ($400) nor more than six hundred dollars ($600) for a second violation within three (3) years after the date of the first violation; and (C) Not less than seven hundred dollars ($700) nor more than one thousand dollars ($1,000) for a third violation within three (3) years after the date of the first violation. (2) For a violation to be considered as a second or subsequent offense, it must be a repeat violation of a requirement enumerated in subsection (a) and subdivisions (b)(1) and (2) of this section. (3) (A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (B) The board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review. (4) (A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision. (B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty. (C) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund. (e) The provisions of this section shall not be applicable to shellfish. Amended by Act 2019, No. 315,§ 2220, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2219, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2218, eff. 7/24/2019. Acts 1971, No. 367, §§ 1-3; 1973, No. 519, § 1; A.S.A. 1947, §§ 82-982 -- 82-984; Acts 2003, No. 1024, § 1.

(a) No fresh, cold storage, or frozen fish produced outside this state or in any foreign country and imported into the United States shall be sold or offered for sale in this state by any food establishment unless: (1) The package or container containing the food bears a statement in writing naming thereon the country of origin, the date of packaging, and the common name of all fish contained therein; and (2) The fish has been packaged and processed under sanitary conditions equal to the standards required by the laws and rules of this state for fish processing plants.

(1) The package or container containing the food bears a statement in writing naming thereon the country of origin, the date of packaging, and the common name of all fish contained therein; and

(2) The fish has been packaged and processed under sanitary conditions equal to the standards required by the laws and rules of this state for fish processing plants.

(b) (1) Outlets serving cooked, fresh, cold storage, or frozen fish at retail which display on the menu or in some conspicuous public place in the outlet the identity of the country of origin and the common name of all fish as reflected on the menu or sold in the outlet shall be deemed as having satisfied the requirements of subdivision (a)(1) of this section. (2) All suppliers of any fresh, cold storage, or frozen fish shall furnish to the distributor or retailer to which the products are sold in this state an affidavit that all products are properly labeled, as required in this section, with respect to the country of origin of and the contents of any foreign imported fish. This affidavit shall include a certificate that the supplier has caused each of the products to be properly labeled in conformance with the requirements of this section. (3) (A) The Director of the Arkansas Bureau of Standards and enforcement personnel of the Arkansas Bureau of Standards are authorized to enforce the requirements of subsection (a) and subdivisions (b)(1) and (2) of this section. (B) The director is authorized to promulgate rules necessary to enforce subsection (a) and subdivisions (b)(1) and (2) of this section. (4) In addition, all suppliers of any fresh, cold storage, or frozen fish shall furnish to any distributor or retailer to which the product is sold in this state proof that the fish has been packaged and processed under sanitary conditions equal to the sanitary conditions required of fish processing plants in this state. The proof may be upon certification by the Department of Health or certification by the United States Food and Drug Administration or other appropriate federal agency that the processing plant in which the fish was packaged or processed meets sanitary conditions within at least the minimum requirements of the laws and rules of this state for fish processing plants, or proof may be upon the certification of the supplier that the fish packaged or processed outside this state or in a foreign country was packaged or processed in a fish processing plant that meets at least the minimum requirements of the laws and rules of this state for sanitary conditions for fish processing plants.

(1) Outlets serving cooked, fresh, cold storage, or frozen fish at retail which display on the menu or in some conspicuous public place in the outlet the identity of the country of origin and the common name of all fish as reflected on the menu or sold in the outlet shall be deemed as having satisfied the requirements of subdivision (a)(1) of this section.

(2) All suppliers of any fresh, cold storage, or frozen fish shall furnish to the distributor or retailer to which the products are sold in this state an affidavit that all products are properly labeled, as required in this section, with respect to the country of origin of and the contents of any foreign imported fish. This affidavit shall include a certificate that the supplier has caused each of the products to be properly labeled in conformance with the requirements of this section.

(3) (A) The Director of the Arkansas Bureau of Standards and enforcement personnel of the Arkansas Bureau of Standards are authorized to enforce the requirements of subsection (a) and subdivisions (b)(1) and (2) of this section. (B) The director is authorized to promulgate rules necessary to enforce subsection (a) and subdivisions (b)(1) and (2) of this section.

(A) The Director of the Arkansas Bureau of Standards and enforcement personnel of the Arkansas Bureau of Standards are authorized to enforce the requirements of subsection (a) and subdivisions (b)(1) and (2) of this section.

(B) The director is authorized to promulgate rules necessary to enforce subsection (a) and subdivisions (b)(1) and (2) of this section.

(4) In addition, all suppliers of any fresh, cold storage, or frozen fish shall furnish to any distributor or retailer to which the product is sold in this state proof that the fish has been packaged and processed under sanitary conditions equal to the sanitary conditions required of fish processing plants in this state. The proof may be upon certification by the Department of Health or certification by the United States Food and Drug Administration or other appropriate federal agency that the processing plant in which the fish was packaged or processed meets sanitary conditions within at least the minimum requirements of the laws and rules of this state for fish processing plants, or proof may be upon the certification of the supplier that the fish packaged or processed outside this state or in a foreign country was packaged or processed in a fish processing plant that meets at least the minimum requirements of the laws and rules of this state for sanitary conditions for fish processing plants.

(c) Any supplier of fresh, cold storage, or frozen fish or any distributor or retailer who sells any fish in this state in violation of the provisions of this section shall each be individually and severally subject to the civil penalties as provided in subsection (d) of this section.

(d) (1) A violator of this section shall be assessed by the State Plant Board a civil penalty of: (A) Not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for a first violation; (B) Not less than four hundred dollars ($400) nor more than six hundred dollars ($600) for a second violation within three (3) years after the date of the first violation; and (C) Not less than seven hundred dollars ($700) nor more than one thousand dollars ($1,000) for a third violation within three (3) years after the date of the first violation. (2) For a violation to be considered as a second or subsequent offense, it must be a repeat violation of a requirement enumerated in subsection (a) and subdivisions (b)(1) and (2) of this section. (3) (A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (B) The board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review. (4) (A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision. (B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty. (C) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.

(1) A violator of this section shall be assessed by the State Plant Board a civil penalty of: (A) Not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for a first violation; (B) Not less than four hundred dollars ($400) nor more than six hundred dollars ($600) for a second violation within three (3) years after the date of the first violation; and (C) Not less than seven hundred dollars ($700) nor more than one thousand dollars ($1,000) for a third violation within three (3) years after the date of the first violation.

(A) Not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for a first violation;

(B) Not less than four hundred dollars ($400) nor more than six hundred dollars ($600) for a second violation within three (3) years after the date of the first violation; and

(C) Not less than seven hundred dollars ($700) nor more than one thousand dollars ($1,000) for a third violation within three (3) years after the date of the first violation.

(2) For a violation to be considered as a second or subsequent offense, it must be a repeat violation of a requirement enumerated in subsection (a) and subdivisions (b)(1) and (2) of this section.

(3) (A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (B) The board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review.

(A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.

(B) The board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review.

(4) (A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision. (B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty. (C) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.

(A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision.

(B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty.

(C) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.

(e) The provisions of this section shall not be applicable to shellfish.

Amended by Act 2019, No. 315,§ 2220, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2219, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2218, eff. 7/24/2019.

Acts 1971, No. 367, §§ 1-3; 1973, No. 519, § 1; A.S.A. 1947, §§ 82-982 -- 82-984; Acts 2003, No. 1024, § 1.
Ark. Code Ann. § 20-16-1905 — AR Code / Title 20 / Chapter 16 / Subchapter 19 / Section 20-16-1905
Criminal penalties
Status: in_force

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class A misdemeanor. Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class A misdemeanor.

Added by Act 2017, No. 733,§ 1, eff. 8/1/2017, op. 1/1/2018.
Ark. Code Ann. § 20-77-307 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-307
Assignment to Department of Human Services of rights of recovery
Status: in_force

(a) As a condition of eligibility, every Medicaid applicant shall automatically assign his or her right to any settlement, judgment, or award which may be obtained against any third party to the Department of Human Services to the full extent of any amount which may be paid by Medicaid for the benefit of the applicant. (b) The application for Medicaid benefits shall, in itself, constitute an assignment by operation of law. (c) The assignment shall be considered a statutory lien on any settlement, judgment, or award received by the recipient from a third party. (d) Every Medicaid applicant, as a condition of eligibility, shall cooperate in establishing paternity, except for good cause shown, for a child born out of wedlock for whom the recipient can legally assign rights, in obtaining medical care, support, and payments for himself or herself or any other person for whom the individual can legally assign rights, and in identifying and providing information to assist the department and the Office of Child Support Enforcement in pursuing any liable third party. Acts 1981, No. 500, § 5; A.S.A. 1947, § 83-171.6; Acts 1987, No. 463, § 5; 1993, No. 1242, § 7.

(a) As a condition of eligibility, every Medicaid applicant shall automatically assign his or her right to any settlement, judgment, or award which may be obtained against any third party to the Department of Human Services to the full extent of any amount which may be paid by Medicaid for the benefit of the applicant.

(b) The application for Medicaid benefits shall, in itself, constitute an assignment by operation of law.

(c) The assignment shall be considered a statutory lien on any settlement, judgment, or award received by the recipient from a third party.

(d) Every Medicaid applicant, as a condition of eligibility, shall cooperate in establishing paternity, except for good cause shown, for a child born out of wedlock for whom the recipient can legally assign rights, in obtaining medical care, support, and payments for himself or herself or any other person for whom the individual can legally assign rights, and in identifying and providing information to assist the department and the Office of Child Support Enforcement in pursuing any liable third party.

Acts 1981, No. 500, § 5; A.S.A. 1947, § 83-171.6; Acts 1987, No. 463, § 5; 1993, No. 1242, § 7.
Ark. Code Ann. § 20-64-704 — AR Code / Title 20 / Chapter 64 / Subchapter 7 / Section 20-64-704
Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - Powers and duties
Status: in_force

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the following duties and functions: (1) Carry on a continuing study of the problems of alcoholism in this state and seek to focus public attention on the problems; (2) Establish cooperative relationships with other state and local agencies, hospitals, clinics, public health, welfare, and law enforcement authorities, educational and medical agencies and organizations, and other related public and private groups; (3) Promote or conduct educational programs on alcoholism, purchase and provide books, films, and other educational material, furnish funds or grants to the Division of Elementary and Secondary Education, institutions of higher education, and medical schools for study and research, and modernize instruction regarding the problems of alcoholism; (4) Provide for treatment and rehabilitation of alcoholics and allocate funds for: (A) The establishment of local alcoholic clinics, with or without short-term hospitalization facilities, by providing funds for not to exceed seventy-five percent (75%) of the total operating cost of the clinics operated by a city or a county; (B) Providing treatment for those alcoholics needing from five (5) to ninety (90) days' hospitalization, whether voluntary patients or those admitted on court order, by furnishing the Department of Human Services State Institutional System Board all of the funds needed for the proper operation of segregated wards for treatment of the patients. The funds and necessary personnel shall be in addition to all funds and personnel provided the board in the regular departmental appropriation bill; (C) Contracting with hospitals or institutions not under its control for the care, custody, and treatment of alcoholics; and (D) Providing for the detention, care, and treatment of recalcitrant alcoholics and alcoholics with long police court records, by furnishing funds for the operation of farm or colony-type facilities under the provisions of subdivision (4)(A) or subdivision (4)(B) of this section; and (5) While the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services necessarily must, and does, have discretion as to proportions in which it allocates funds to the various aspects of this problem, it is contemplated and intended that the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall make every reasonable effort not to concentrate too largely on any one (1) phase of the problem at the expense or to the detriment of other phases. For example, but not limited to, the following phases: (A) That research should not be slowed because of funds directed to treatment, and vice versa; (B) That treatment should not be slowed because of funds directed to rehabilitation, and vice versa; and (C) That rehabilitation should not be slowed because of funds directed to research, and vice versa. Amended by Act 2019, No. 910,§ 2299, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2298, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 94, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 21, eff. 8/16/2013. Acts 1955, No. 411, § 5; A.S.A. 1947, § 83-705.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have the following duties and functions:

(1) Carry on a continuing study of the problems of alcoholism in this state and seek to focus public attention on the problems;

(2) Establish cooperative relationships with other state and local agencies, hospitals, clinics, public health, welfare, and law enforcement authorities, educational and medical agencies and organizations, and other related public and private groups;

(3) Promote or conduct educational programs on alcoholism, purchase and provide books, films, and other educational material, furnish funds or grants to the Division of Elementary and Secondary Education, institutions of higher education, and medical schools for study and research, and modernize instruction regarding the problems of alcoholism;

(4) Provide for treatment and rehabilitation of alcoholics and allocate funds for: (A) The establishment of local alcoholic clinics, with or without short-term hospitalization facilities, by providing funds for not to exceed seventy-five percent (75%) of the total operating cost of the clinics operated by a city or a county; (B) Providing treatment for those alcoholics needing from five (5) to ninety (90) days' hospitalization, whether voluntary patients or those admitted on court order, by furnishing the Department of Human Services State Institutional System Board all of the funds needed for the proper operation of segregated wards for treatment of the patients. The funds and necessary personnel shall be in addition to all funds and personnel provided the board in the regular departmental appropriation bill; (C) Contracting with hospitals or institutions not under its control for the care, custody, and treatment of alcoholics; and (D) Providing for the detention, care, and treatment of recalcitrant alcoholics and alcoholics with long police court records, by furnishing funds for the operation of farm or colony-type facilities under the provisions of subdivision (4)(A) or subdivision (4)(B) of this section; and

(A) The establishment of local alcoholic clinics, with or without short-term hospitalization facilities, by providing funds for not to exceed seventy-five percent (75%) of the total operating cost of the clinics operated by a city or a county;

(B) Providing treatment for those alcoholics needing from five (5) to ninety (90) days' hospitalization, whether voluntary patients or those admitted on court order, by furnishing the Department of Human Services State Institutional System Board all of the funds needed for the proper operation of segregated wards for treatment of the patients. The funds and necessary personnel shall be in addition to all funds and personnel provided the board in the regular departmental appropriation bill;

(C) Contracting with hospitals or institutions not under its control for the care, custody, and treatment of alcoholics; and

(D) Providing for the detention, care, and treatment of recalcitrant alcoholics and alcoholics with long police court records, by furnishing funds for the operation of farm or colony-type facilities under the provisions of subdivision (4)(A) or subdivision (4)(B) of this section; and

(5) While the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services necessarily must, and does, have discretion as to proportions in which it allocates funds to the various aspects of this problem, it is contemplated and intended that the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall make every reasonable effort not to concentrate too largely on any one (1) phase of the problem at the expense or to the detriment of other phases. For example, but not limited to, the following phases: (A) That research should not be slowed because of funds directed to treatment, and vice versa; (B) That treatment should not be slowed because of funds directed to rehabilitation, and vice versa; and (C) That rehabilitation should not be slowed because of funds directed to research, and vice versa.

(A) That research should not be slowed because of funds directed to treatment, and vice versa;

(B) That treatment should not be slowed because of funds directed to rehabilitation, and vice versa; and

(C) That rehabilitation should not be slowed because of funds directed to research, and vice versa.

Amended by Act 2019, No. 910,§ 2299, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2298, eff. 7/1/2019.

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

Amended by Act 2013, No. 1107,§ 21, eff. 8/16/2013.

Acts 1955, No. 411, § 5; A.S.A. 1947, § 83-705.
Ark. Code Ann. § 20-22-301 — AR Code / Title 20 / Chapter 22 / Subchapter 3 / Section 20-22-301
Enforcement - Nonliability
Status: in_force

(a) The Arkansas Forestry Commission shall designate those employees who shall have the powers of peace officers in the enforcement of the fire laws, the laws pertaining to the unlawful disposal of solid waste when the unlawful disposal occurs on forest land, and any criminal laws pertaining to the unlawful damage, vandalism, or theft of trees, timber, logs, or personal property when the personal property is used in forestry or logging operations. (b) Commission employees and fire crews under their direction or control shall be allowed to enter any lands, construct fire lines, set backfires, and obtain water, if necessary, to stop a fire then actually burning or to do other work necessary in the performance of their duties without liability for trespass or reasonable damage therefrom. (c) Upon request of the landowner or the landowner's agent and after the wildfire danger has subsided, the commission or fire crews under its direction or control shall replace the water obtained under the authority of this section. Acts 1935, No. 85, § 7; Pope's Dig., § 3055; Acts 1981, No. 845, § 5; A.S.A. 1947, § 41-1957; Acts 1993, No. 521, § 1; 1995, No. 135, § 1; 1995, No. 137, § 1; 1999, No. 28, § 1; 2001, No. 362, § 1; 2005, No. 79, § 1.

(a) The Arkansas Forestry Commission shall designate those employees who shall have the powers of peace officers in the enforcement of the fire laws, the laws pertaining to the unlawful disposal of solid waste when the unlawful disposal occurs on forest land, and any criminal laws pertaining to the unlawful damage, vandalism, or theft of trees, timber, logs, or personal property when the personal property is used in forestry or logging operations.

(b) Commission employees and fire crews under their direction or control shall be allowed to enter any lands, construct fire lines, set backfires, and obtain water, if necessary, to stop a fire then actually burning or to do other work necessary in the performance of their duties without liability for trespass or reasonable damage therefrom.

(c) Upon request of the landowner or the landowner's agent and after the wildfire danger has subsided, the commission or fire crews under its direction or control shall replace the water obtained under the authority of this section.

Acts 1935, No. 85, § 7; Pope's Dig., § 3055; Acts 1981, No. 845, § 5; A.S.A. 1947, § 41-1957; Acts 1993, No. 521, § 1; 1995, No. 135, § 1; 1995, No. 137, § 1; 1999, No. 28, § 1; 2001, No. 362, § 1; 2005, No. 79, § 1.
Ark. Code Ann. § 20-48-101 — AR Code / Title 20 / Chapter 48 / Subchapter 1 / Section 20-48-101
Definitions
Status: in_force

As used in this chapter: (1) (A) "Accredited nonprofit entity" means a nonprofit entity that: (i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accrediting organization; (ii) Satisfies the appropriate licensure criteria established by the Division of Developmental Disabilities Services; and (iii) Is positioned to provide nonresidential services to adults with developmental disabilities upon licensure by the division when no existing nonprofit community program is interested in providing the specific category of nonresidential services to adults with developmental disabilities that have been identified by the division as underserved. (B) As used in subdivision (1)(A)(i) of this section, "national accrediting organization" includes without limitation: (i) The CARF International; or (ii) Any other similar national accrediting organization recognized by the division; (2) "Existing operations" means the provision by a qualified community provider of one (1) or more of the following services without regard to order: (A) A licensed early intervention day treatment program or adult developmental day treatment program; (B) A licensed developmental disability services group home in operation and recognized by the division on or before July 1, 1995; (C) An intermediate care facility for individuals with intellectual disabilities that has fifteen (15) beds or fewer; or (D) An apartment complex in operation and serving individuals with developmental disabilities on or before January 1, 2008; (3) "Human development center" means an institution maintained for the care and training of persons with developmental disabilities; (4) "Intellectual and developmental disability" means a chronic disability of an individual that: (A) Is attributable to a diagnosis of one (1) of the following: (i) Cerebral palsy, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (ii) Epilepsy, as established by the results of a neurological examination by the individual's primary care provider or a licensed physician; (iii) Spina bifida, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (iv) Down syndrome, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (v) Autism spectrum disorder, as established under § 20-77-124 ; (vi) Intellectual disability, as established by a full-scale standard intelligence score of seventy (70) or below, measured by a standard test designed for individual administration that is administered by a qualified professional; or (vii) Any other condition that results in impairment of general intellectual functioning or adaptive behavior similar to an individual qualifying under subdivision (4)(A)(vi) of this section; (B) Originates before the person attains twenty-two (22) years of age; (C) Has continued or can be expected to continue indefinitely; and (D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including without limitation: (i) Daily living and social activities; (ii) Medical services; (iii) Job training; and (iv) Employment; (5) (A) "Nonprofit community program" means a program that provides only nonresidential services to persons with developmental disabilities or provides nonresidential and residential services to persons with developmental disabilities and is licensed by the division. (B) A nonprofit community program serves as a quasi-governmental instrumentality of the state by providing support and services to persons who have a developmental disability or delay and would otherwise require support and services through state-operated programs and facilities; and (6) (A) "Qualified nonprofit community program" means a nonprofit community program that holds a valid nonprofit community program license issued by the division. (B) "Qualified nonprofit community program" includes: (i) A nonprofit community program that holds a license that was issued by the division on or before February 1, 2007; and (ii) An accredited nonprofit entity that is awarded a license as a nonprofit community program by the division after February 1, 2007. Amended by Act 2023, No. 214,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 1035,§ 17, eff. 7/24/2019. Amended by Act 2013, No. 1017,§ 2, eff. 7/1/2013. Acts 1981, No. 513, § 1; A.S.A. 1947, § 59-1018; Acts 1993, No. 729, § 1; 2007, No. 645, § 1; 2011, No. 68, § 2.

As used in this chapter:

(1) (A) "Accredited nonprofit entity" means a nonprofit entity that: (i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accrediting organization; (ii) Satisfies the appropriate licensure criteria established by the Division of Developmental Disabilities Services; and (iii) Is positioned to provide nonresidential services to adults with developmental disabilities upon licensure by the division when no existing nonprofit community program is interested in providing the specific category of nonresidential services to adults with developmental disabilities that have been identified by the division as underserved. (B) As used in subdivision (1)(A)(i) of this section, "national accrediting organization" includes without limitation: (i) The CARF International; or (ii) Any other similar national accrediting organization recognized by the division;

(A) "Accredited nonprofit entity" means a nonprofit entity that: (i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accrediting organization; (ii) Satisfies the appropriate licensure criteria established by the Division of Developmental Disabilities Services; and (iii) Is positioned to provide nonresidential services to adults with developmental disabilities upon licensure by the division when no existing nonprofit community program is interested in providing the specific category of nonresidential services to adults with developmental disabilities that have been identified by the division as underserved.

(i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accrediting organization;

(ii) Satisfies the appropriate licensure criteria established by the Division of Developmental Disabilities Services; and

(iii) Is positioned to provide nonresidential services to adults with developmental disabilities upon licensure by the division when no existing nonprofit community program is interested in providing the specific category of nonresidential services to adults with developmental disabilities that have been identified by the division as underserved.

(B) As used in subdivision (1)(A)(i) of this section, "national accrediting organization" includes without limitation: (i) The CARF International; or (ii) Any other similar national accrediting organization recognized by the division;

(i) The CARF International; or

(ii) Any other similar national accrediting organization recognized by the division;

(2) "Existing operations" means the provision by a qualified community provider of one (1) or more of the following services without regard to order: (A) A licensed early intervention day treatment program or adult developmental day treatment program; (B) A licensed developmental disability services group home in operation and recognized by the division on or before July 1, 1995; (C) An intermediate care facility for individuals with intellectual disabilities that has fifteen (15) beds or fewer; or (D) An apartment complex in operation and serving individuals with developmental disabilities on or before January 1, 2008;

(A) A licensed early intervention day treatment program or adult developmental day treatment program;

(B) A licensed developmental disability services group home in operation and recognized by the division on or before July 1, 1995;

(C) An intermediate care facility for individuals with intellectual disabilities that has fifteen (15) beds or fewer; or

(D) An apartment complex in operation and serving individuals with developmental disabilities on or before January 1, 2008;

(3) "Human development center" means an institution maintained for the care and training of persons with developmental disabilities;

(4) "Intellectual and developmental disability" means a chronic disability of an individual that: (A) Is attributable to a diagnosis of one (1) of the following: (i) Cerebral palsy, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (ii) Epilepsy, as established by the results of a neurological examination by the individual's primary care provider or a licensed physician; (iii) Spina bifida, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (iv) Down syndrome, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (v) Autism spectrum disorder, as established under § 20-77-124 ; (vi) Intellectual disability, as established by a full-scale standard intelligence score of seventy (70) or below, measured by a standard test designed for individual administration that is administered by a qualified professional; or (vii) Any other condition that results in impairment of general intellectual functioning or adaptive behavior similar to an individual qualifying under subdivision (4)(A)(vi) of this section; (B) Originates before the person attains twenty-two (22) years of age; (C) Has continued or can be expected to continue indefinitely; and (D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including without limitation: (i) Daily living and social activities; (ii) Medical services; (iii) Job training; and (iv) Employment;

(A) Is attributable to a diagnosis of one (1) of the following: (i) Cerebral palsy, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (ii) Epilepsy, as established by the results of a neurological examination by the individual's primary care provider or a licensed physician; (iii) Spina bifida, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (iv) Down syndrome, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (v) Autism spectrum disorder, as established under § 20-77-124 ; (vi) Intellectual disability, as established by a full-scale standard intelligence score of seventy (70) or below, measured by a standard test designed for individual administration that is administered by a qualified professional; or (vii) Any other condition that results in impairment of general intellectual functioning or adaptive behavior similar to an individual qualifying under subdivision (4)(A)(vi) of this section;

(i) Cerebral palsy, as established by the results of a medical examination by the individual's primary care provider or a licensed physician;

(ii) Epilepsy, as established by the results of a neurological examination by the individual's primary care provider or a licensed physician;

(iii) Spina bifida, as established by the results of a medical examination by the individual's primary care provider or a licensed physician;

(iv) Down syndrome, as established by the results of a medical examination by the individual's primary care provider or a licensed physician;

(v) Autism spectrum disorder, as established under § 20-77-124 ;

(vi) Intellectual disability, as established by a full-scale standard intelligence score of seventy (70) or below, measured by a standard test designed for individual administration that is administered by a qualified professional; or

(vii) Any other condition that results in impairment of general intellectual functioning or adaptive behavior similar to an individual qualifying under subdivision (4)(A)(vi) of this section;

(B) Originates before the person attains twenty-two (22) years of age;

(C) Has continued or can be expected to continue indefinitely; and

(D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including without limitation: (i) Daily living and social activities; (ii) Medical services; (iii) Job training; and (iv) Employment;

(i) Daily living and social activities;

(ii) Medical services;

(iii) Job training; and

(iv) Employment;

(5) (A) "Nonprofit community program" means a program that provides only nonresidential services to persons with developmental disabilities or provides nonresidential and residential services to persons with developmental disabilities and is licensed by the division. (B) A nonprofit community program serves as a quasi-governmental instrumentality of the state by providing support and services to persons who have a developmental disability or delay and would otherwise require support and services through state-operated programs and facilities; and

(A) "Nonprofit community program" means a program that provides only nonresidential services to persons with developmental disabilities or provides nonresidential and residential services to persons with developmental disabilities and is licensed by the division.

(B) A nonprofit community program serves as a quasi-governmental instrumentality of the state by providing support and services to persons who have a developmental disability or delay and would otherwise require support and services through state-operated programs and facilities; and

(6) (A) "Qualified nonprofit community program" means a nonprofit community program that holds a valid nonprofit community program license issued by the division. (B) "Qualified nonprofit community program" includes: (i) A nonprofit community program that holds a license that was issued by the division on or before February 1, 2007; and (ii) An accredited nonprofit entity that is awarded a license as a nonprofit community program by the division after February 1, 2007.

(A) "Qualified nonprofit community program" means a nonprofit community program that holds a valid nonprofit community program license issued by the division.

(B) "Qualified nonprofit community program" includes: (i) A nonprofit community program that holds a license that was issued by the division on or before February 1, 2007; and (ii) An accredited nonprofit entity that is awarded a license as a nonprofit community program by the division after February 1, 2007.

(i) A nonprofit community program that holds a license that was issued by the division on or before February 1, 2007; and

(ii) An accredited nonprofit entity that is awarded a license as a nonprofit community program by the division after February 1, 2007.

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

Amended by Act 2019, No. 1035,§ 17, eff. 7/24/2019.

Amended by Act 2013, No. 1017,§ 2, eff. 7/1/2013.

Acts 1981, No. 513, § 1; A.S.A. 1947, § 59-1018; Acts 1993, No. 729, § 1; 2007, No. 645, § 1; 2011, No. 68, § 2.
Ark. Code Ann. § 20-47-701 — AR Code / Title 20 / Chapter 47 / Subchapter 7 / Section 20-47-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas System of Care for Behavioral Healthcare Services for Children and Youth Act". Acts 2007, No. 1593, § 1.

This subchapter shall be known and may be cited as the "Arkansas System of Care for Behavioral Healthcare Services for Children and Youth Act".

Acts 2007, No. 1593, § 1.
Ark. Code Ann. § 20-6-407 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-407
Long-term care facility visitation
Status: in_force

(a) (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress. (2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protocol is followed. (3) A long-term care facility shall adopt a protocol for personal contact in person that adheres to appropriate infection prevention guidelines disseminated by the Centers for Disease Control and Prevention or the Centers for Medicare & Medicaid Services. (b) A long-term care facility shall work with residents, families, caregivers, resident representatives, and medical providers, and may include the ombudsman program under § 20-10-602 to identify the need for compassionate care visitation, using a person-centered approach that takes the residents' requests into account. (c) (1) A long-term care facility shall ensure that decisions regarding end-of-life care are made by a resident with capacity or by the representative of a resident without capacity, as provided in the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (2) Within the scope of visitation provided by this section, a long-term care facility shall permit a resident making decisions regarding end-of-life care to be accompanied by a family member, guardian, or support person designated by the resident, unless the resident declines or requests to have the discussion outside of the presence of a family member, guardian, or support person. (d) (1) Compassionate care visitation shall continue even if the infection rate in the county in which the long-term care facility is located is high. (2) However, a long-term care facility shall identify one (1) or more ways to allow a compassionate care visitation, including personal contact, that minimize the risk of infection to the resident and other residents in the long-term care facility. (3) (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room. (e) Healthcare workers who are not employees of the long-term care facility but provide direct care to a resident in the long-term care facility, such as hospice workers, emergency medical services personnel, dialysis technicians, laboratory technicians, radiology technicians, and social workers, shall be permitted into the long-term care facility if proper infection control protocols are followed. (f) A long-term care facility that fails to facilitate compassionate care visitation without adequate justification related to clinical necessity or resident safety may be in violation of 42 C.F.R. § 483.10(f)(4) , as it existed on January 1, 2021. (g) To the extent permitted by state and federal law, the appropriate state agency or licensing board shall investigate and may penalize a long-term care facility's failure to comply with this section. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

(a) (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress. (2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protocol is followed. (3) A long-term care facility shall adopt a protocol for personal contact in person that adheres to appropriate infection prevention guidelines disseminated by the Centers for Disease Control and Prevention or the Centers for Medicare & Medicaid Services.

(1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress.

(2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protocol is followed.

(3) A long-term care facility shall adopt a protocol for personal contact in person that adheres to appropriate infection prevention guidelines disseminated by the Centers for Disease Control and Prevention or the Centers for Medicare & Medicaid Services.

(b) A long-term care facility shall work with residents, families, caregivers, resident representatives, and medical providers, and may include the ombudsman program under § 20-10-602 to identify the need for compassionate care visitation, using a person-centered approach that takes the residents' requests into account.

(c) (1) A long-term care facility shall ensure that decisions regarding end-of-life care are made by a resident with capacity or by the representative of a resident without capacity, as provided in the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (2) Within the scope of visitation provided by this section, a long-term care facility shall permit a resident making decisions regarding end-of-life care to be accompanied by a family member, guardian, or support person designated by the resident, unless the resident declines or requests to have the discussion outside of the presence of a family member, guardian, or support person.

(1) A long-term care facility shall ensure that decisions regarding end-of-life care are made by a resident with capacity or by the representative of a resident without capacity, as provided in the Arkansas Healthcare Decisions Act, § 20-6-101 et seq.

(2) Within the scope of visitation provided by this section, a long-term care facility shall permit a resident making decisions regarding end-of-life care to be accompanied by a family member, guardian, or support person designated by the resident, unless the resident declines or requests to have the discussion outside of the presence of a family member, guardian, or support person.

(d) (1) Compassionate care visitation shall continue even if the infection rate in the county in which the long-term care facility is located is high. (2) However, a long-term care facility shall identify one (1) or more ways to allow a compassionate care visitation, including personal contact, that minimize the risk of infection to the resident and other residents in the long-term care facility. (3) (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room.

(1) Compassionate care visitation shall continue even if the infection rate in the county in which the long-term care facility is located is high.

(2) However, a long-term care facility shall identify one (1) or more ways to allow a compassionate care visitation, including personal contact, that minimize the risk of infection to the resident and other residents in the long-term care facility.

(3) (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room.

(A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation.

(B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area.

(i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and

(ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area.

(C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room.

(e) Healthcare workers who are not employees of the long-term care facility but provide direct care to a resident in the long-term care facility, such as hospice workers, emergency medical services personnel, dialysis technicians, laboratory technicians, radiology technicians, and social workers, shall be permitted into the long-term care facility if proper infection control protocols are followed.

(f) A long-term care facility that fails to facilitate compassionate care visitation without adequate justification related to clinical necessity or resident safety may be in violation of 42 C.F.R. § 483.10(f)(4) , as it existed on January 1, 2021.

(g) To the extent permitted by state and federal law, the appropriate state agency or licensing board shall investigate and may penalize a long-term care facility's failure to comply with this section.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-27-2503 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2503
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abatement" means any measures or set of measures that results in the permanent elimination of lead-based paint hazards. (B) "Abatement" includes without limitation: (i) The removal of lead-based paint and lead-contaminated dust; (ii) The permanent enclosure or encapsulation of lead-based paint; (iii) The replacement of lead-painted surfaces or fixtures; (iv) The removal or covering of soil contaminated with lead from lead-based paint activities or lead-contaminated paint that has deteriorated; and (v) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with activities listed in subdivisions (1)(B)(i)-(iv) of this section. (C) Specifically, "abatement" includes without limitation: (i) Projects for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that: (a) Result in the permanent elimination of lead-based paint hazards; or (b) Are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1)(B) of this section; (ii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals certified under this subchapter, unless the projects are covered by subdivision (1)(D) of this section; (iii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless the projects are covered by subdivision (1)(D) of this section; or (iv) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders. (D) (i) "Abatement" does not include renovations, remodeling, landscaping, or other activities when the activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. (ii) "Abatement" also does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards; (2) "Certificate" means a document issued by the Department of Health to an individual who satisfactorily completes training and examination under this subchapter and meets any other applicable requirements established by the department; (3) (A) "Child-occupied facility" means a building or operation of a building constructed before 1978, visited regularly by the same child six (6) years of age or under on at least two (2) different days within any week, Sunday through Saturday period, if each day's visit lasts at least three (3) hours and the combined weekly visit lasts at least six (6) hours. (B) Child-occupied facilities may include without limitation daycare centers, preschools, and kindergarten classrooms; (4) "Consultant" means a person or other legal entity, however organized, that acts as an agent for the owner and performs lead-based paint activities and meets all other requirements established by the department; (5) "Contractor" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities as an agent for the owner and meets all other requirements of the department; (6) "Inspector" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct inspections and meets all other requirements established by the department. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing; (7) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm 2 ) or more than five-tenths percent (0.5%) by weight; (8) "Lead-based paint activities" means inspection, risk assessment, and abatement of target housing and child-occupied facilities as defined in this subchapter; (9) "Lead-based paint hazard" means a condition that causes exposure to dust or soil contaminated by lead-based paint activities or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Toxic Substances Control Act of 1976, section 403, 15 U.S.C. § 2601 et seq.; (10) "License" means a document issued by the department to a firm or training provider that meets all applicable requirements as established by the department; (11) "Project designer" means an individual who plans and designs or who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to plan and design abatement projects; (12) (A) "Risk assessor" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct risk assessments and meets all other requirements established by the department. (B) A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing; (13) "Supervisor" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to supervise and conduct abatements and to prepare occupant protection plans and abatement reports and meets all other requirements established by the department; (14) "Target housing" means any housing constructed before 1978, except housing for the elderly or persons with disabilities, unless any one (1) or more children six (6) years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities, or any zero-bedroom dwelling; (15) "Training provider" means any person or other legal entity, however organized, that conducts courses for the purposes of certifying individuals for purposes of this subchapter and meets all other requirements established by the department; and (16) "Worker" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to perform abatements and meets all other requirements established by the department. Acts 2011, No. 1011, § 6.

As used in this subchapter:

(1) (A) "Abatement" means any measures or set of measures that results in the permanent elimination of lead-based paint hazards. (B) "Abatement" includes without limitation: (i) The removal of lead-based paint and lead-contaminated dust; (ii) The permanent enclosure or encapsulation of lead-based paint; (iii) The replacement of lead-painted surfaces or fixtures; (iv) The removal or covering of soil contaminated with lead from lead-based paint activities or lead-contaminated paint that has deteriorated; and (v) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with activities listed in subdivisions (1)(B)(i)-(iv) of this section. (C) Specifically, "abatement" includes without limitation: (i) Projects for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that: (a) Result in the permanent elimination of lead-based paint hazards; or (b) Are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1)(B) of this section; (ii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals certified under this subchapter, unless the projects are covered by subdivision (1)(D) of this section; (iii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless the projects are covered by subdivision (1)(D) of this section; or (iv) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders. (D) (i) "Abatement" does not include renovations, remodeling, landscaping, or other activities when the activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. (ii) "Abatement" also does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards;

(A) "Abatement" means any measures or set of measures that results in the permanent elimination of lead-based paint hazards.

(B) "Abatement" includes without limitation: (i) The removal of lead-based paint and lead-contaminated dust; (ii) The permanent enclosure or encapsulation of lead-based paint; (iii) The replacement of lead-painted surfaces or fixtures; (iv) The removal or covering of soil contaminated with lead from lead-based paint activities or lead-contaminated paint that has deteriorated; and (v) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with activities listed in subdivisions (1)(B)(i)-(iv) of this section.

(i) The removal of lead-based paint and lead-contaminated dust;

(ii) The permanent enclosure or encapsulation of lead-based paint;

(iii) The replacement of lead-painted surfaces or fixtures;

(iv) The removal or covering of soil contaminated with lead from lead-based paint activities or lead-contaminated paint that has deteriorated; and

(v) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with activities listed in subdivisions (1)(B)(i)-(iv) of this section.

(C) Specifically, "abatement" includes without limitation: (i) Projects for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that: (a) Result in the permanent elimination of lead-based paint hazards; or (b) Are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1)(B) of this section; (ii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals certified under this subchapter, unless the projects are covered by subdivision (1)(D) of this section; (iii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless the projects are covered by subdivision (1)(D) of this section; or (iv) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

(i) Projects for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that: (a) Result in the permanent elimination of lead-based paint hazards; or (b) Are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1)(B) of this section;

(a) Result in the permanent elimination of lead-based paint hazards; or

(b) Are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1)(B) of this section;

(ii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals certified under this subchapter, unless the projects are covered by subdivision (1)(D) of this section;

(iii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless the projects are covered by subdivision (1)(D) of this section; or

(iv) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

(D) (i) "Abatement" does not include renovations, remodeling, landscaping, or other activities when the activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. (ii) "Abatement" also does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards;

(i) "Abatement" does not include renovations, remodeling, landscaping, or other activities when the activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.

(ii) "Abatement" also does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards;

(2) "Certificate" means a document issued by the Department of Health to an individual who satisfactorily completes training and examination under this subchapter and meets any other applicable requirements established by the department;

(3) (A) "Child-occupied facility" means a building or operation of a building constructed before 1978, visited regularly by the same child six (6) years of age or under on at least two (2) different days within any week, Sunday through Saturday period, if each day's visit lasts at least three (3) hours and the combined weekly visit lasts at least six (6) hours. (B) Child-occupied facilities may include without limitation daycare centers, preschools, and kindergarten classrooms;

(A) "Child-occupied facility" means a building or operation of a building constructed before 1978, visited regularly by the same child six (6) years of age or under on at least two (2) different days within any week, Sunday through Saturday period, if each day's visit lasts at least three (3) hours and the combined weekly visit lasts at least six (6) hours.

(B) Child-occupied facilities may include without limitation daycare centers, preschools, and kindergarten classrooms;

(4) "Consultant" means a person or other legal entity, however organized, that acts as an agent for the owner and performs lead-based paint activities and meets all other requirements established by the department;

(5) "Contractor" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities as an agent for the owner and meets all other requirements of the department;

(6) "Inspector" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct inspections and meets all other requirements established by the department. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing;

(7) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm 2 ) or more than five-tenths percent (0.5%) by weight;

(8) "Lead-based paint activities" means inspection, risk assessment, and abatement of target housing and child-occupied facilities as defined in this subchapter;

(9) "Lead-based paint hazard" means a condition that causes exposure to dust or soil contaminated by lead-based paint activities or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Toxic Substances Control Act of 1976, section 403, 15 U.S.C. § 2601 et seq.;

(10) "License" means a document issued by the department to a firm or training provider that meets all applicable requirements as established by the department;

(11) "Project designer" means an individual who plans and designs or who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to plan and design abatement projects;

(12) (A) "Risk assessor" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct risk assessments and meets all other requirements established by the department. (B) A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing;

(A) "Risk assessor" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct risk assessments and meets all other requirements established by the department.

(B) A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing;

(13) "Supervisor" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to supervise and conduct abatements and to prepare occupant protection plans and abatement reports and meets all other requirements established by the department;

(14) "Target housing" means any housing constructed before 1978, except housing for the elderly or persons with disabilities, unless any one (1) or more children six (6) years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities, or any zero-bedroom dwelling;

(15) "Training provider" means any person or other legal entity, however organized, that conducts courses for the purposes of certifying individuals for purposes of this subchapter and meets all other requirements established by the department; and

(16) "Worker" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to perform abatements and meets all other requirements established by the department.

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-14-208 — AR Code / Title 20 / Chapter 14 / Subchapter 2 / Section 20-14-208
Subcommittees
Status: in_force

(a) The Governor's Commission on People with Disabilities shall establish such subcommittees as it determines necessary. (b) Membership of subcommittees shall not be limited to members of the commission. (c) Subcommittees shall maintain written records of their activities and submit them to the Chair of the Governor's Commission on People with Disabilities. Amended by Act 2023, No. 365,§ 60, eff. 7/1/2023. Acts 1985, No. 911, § 10; A.S.A. 1947, § 82-2916.

(a) The Governor's Commission on People with Disabilities shall establish such subcommittees as it determines necessary.

(b) Membership of subcommittees shall not be limited to members of the commission.

(c) Subcommittees shall maintain written records of their activities and submit them to the Chair of the Governor's Commission on People with Disabilities.

Amended by Act 2023, No. 365,§ 60, eff. 7/1/2023.

Acts 1985, No. 911, § 10; A.S.A. 1947, § 82-2916.
Ark. Code Ann. § 20-21-203 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-203
Definitions
Status: in_force

As used in this subchapter: (1) "Accelerator or particle accelerator, medical" means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is used for medical purposes; (2) "Accelerator or particle accelerator, nonmedical" means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is not used for medical purposes; (3) "Accelerator-produced radioactive material" means any material made radioactive, so as to emit radiation spontaneously, by a particle accelerator; (4) "Assembler" means any person who is engaged in the business of installing or offering to install radiation machines or components associated with radiation machines; (5) "By-product material" means: (A) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (B) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute by-product material within this definition; (C) Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; (D) Any material that: (i) Has been made radioactive by use of a particle accelerator; and (ii) Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and (E) Any discrete source of naturally occurring radioactive material, other than source material, that: (i) The United States Nuclear Regulatory Commission, in consultation with the Administrator of the United States Environmental Protection Agency, the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and (ii) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity; (6) "Calibration sources - consulting services" means any individual, group of individuals, or company possessing a sealed radioactive source used for the calibration of radiation-measuring instruments or devices as authorized by a radioactive material license; (7) "Civil penalty" means any monetary penalty levied on a licensee or registrant because of violation of statutes, rules, licenses, or registration certificates but does not include criminal penalties; (8) "Closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following termination of licensed operation; (9) "Decommissioning" means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for post-operational care; (10) "Dental radiographic unit" means any X-ray device that is subject to the requirements for intraoral dental radiographic systems set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (11) "Gas chromatograph and X-ray fluorescence devices" means analytical laboratory instruments designed for qualitative and quantitative analysis using radioactive material as a component of the instrument detector or as a fluorescence excitation source; (12) (A) "General license" means a license effective pursuant to rules promulgated by the State Radiation Control Agency without the filing of an application with the Department of Health or the issuance of licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of radioactive material or devices or equipment utilizing radioactive material. (B) "Specific license" means a license issued to a named person upon application filed pursuant to rules promulgated under this subchapter to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of radioactive material or equipment utilizing radioactive material. (C) "Academic broad license" means any radioactive material license issued to a college or university and subject to the special requirements for "specific licenses of broad scope" as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health. (D) "Academic radioactive material license" means any radioactive material license issued to a college or university, excluding academic broad licenses; (13) "High-level radioactive waste" means: (A) Irradiated reactor fuel; (B) Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel; and (C) Solids into which such liquid wastes have been converted; (14) "Industrial units" means X-ray machines used within the manufacturing industry and other industries and in industrial radiography; (15) "In vitro laboratory testing" means nonhuman use of radioactive material for laboratory testing in accordance with a general license authorized by the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (16) "Ionizing radiation" means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound or radio waves or visible, infrared, or ultraviolet light; (17) "Irradiator" means a device or facility which contains and uses sealed sources for the irradiation of objects or materials; (18) "Low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e. (2) of the Atomic Energy Act of 1954; (19) "Mobile nuclear medicine service" means the transportation and medical use of by-product material and diagnostic instrumentation; (20) "Naturally occurring radioactive material" means any material of natural origin that emits radiation spontaneously, excluding uranium, thorium, and the tailings produced in their extraction or concentration; (21) "Nuclear gauge" means a device that uses radioactive material as a means of measurement or testing; (22) "Nuclear medicine" means human use of radioactive material for diagnostic or therapeutic purposes, not including radioisotope teletherapy; (23) "Nuclear pharmacy" means a facility licensed by the Arkansas State Board of Pharmacy for the purpose of compounding and dispensing prescription drugs which contain or are intended to be used with radioactive material. In addition, the facility is intended to provide service for more than one (1) medical licensee; (24) "Panoramic wet source storage irradiator" means a controlled human access irradiator in which the sealed source is contained in a storage pool, usually containing water, and in which the sealed source is fully shielded when not in use. The sealed source is exposed within a radiation room that is maintained as inaccessible during use by interlocked controls; (25) "Person" means: (A) Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency of this state, political subdivision of this state, of any other state or political subdivision or agency thereof; and (B) Any legal successor, representative, agent, or agency of the foregoing, but not including United States Government agencies; (26) "Physician" means a doctor of medicine or doctor of osteopathy licensed by the Arkansas State Medical Board to prescribe drugs in the practice of medicine; (27) "Private practice" means any use of radioactive material subject to the requirements for licensing of individual physicians for human use of radioactive materials as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (28) "Radiation equipment" means any manufactured product or device, or component part of a product or device, or any machine or system which during operation can generate or emit ionizing radiation, except those which emit radiation only from radioactive material; (29) (A) "Radioactive material" means any material, whether solid, liquid, or gas, which emits ionizing radiation spontaneously. (B) "Radioactive material" includes by-product, naturally occurring, source, and special nuclear materials; (30) "Radioactive waste management" means storage, treatment, or disposal of radioactive wastes; (31) "Radiography" means the examination of the macroscopic structure of materials by nondestructive methods utilizing sources of ionizing radiation; (32) (A) "Radioisotope teletherapy" means the use of radiation from a sealed radioactive source for medical treatment. (B) "Radioisotope teletherapy" does not include radiation from sealed radioactive sources implanted within individuals or on-surface contact with individuals; (33) "Reciprocity" means the reciprocal recognition of licenses, registrations, or the equivalent issued by the United States Nuclear Regulatory Commission or any agreement state other than Arkansas, subject to provisions for reciprocal recognition of licenses, registrations, or the equivalent as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (34) "Registration" means registration with the Department of Health in accordance with rules promulgated by the State Board of Health; (35) "Service personnel" means any person who is engaged in the business of offering or performing: (A) Repair or service of radiation machines and associated radiation machine components; (B) Repair or service of devices containing radioactive material; (C) Calibration of radiation machines; (D) Calibration of radiation instrumentation or devices; or (E) Furnishing personnel dosimetry services to State Radiation Control Agency licensees or registrants; (36) (A) "Source material" means: (i) Uranium, thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores that contain by weight one-twentieth of one percent (0.05%) or more of uranium, thorium, or any combination thereof. (B) "Source material" does not include special nuclear material; (37) "Sources of radiation" means, collectively, radioactive material and radiation equipment; (38) "Special nuclear material" means: (A) Plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States Nuclear Regulatory Commission under the provisions of § 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material but does not include source material; or (B) Any material artificially enriched by any of the foregoing but does not include source material; (39) (A) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one (1) year's decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing. (B) "Spent nuclear fuel" includes special nuclear material, by-product material, source material, and other radioactive material associated with fuel assemblies; (40) "Transuranic waste" means radioactive waste containing alpha-emitting transuranic elements, with radioactive half-lives greater than five (5) years, in excess of ten nanocuries per gram (10 nCi/g); (41) "Veterinary medicine radiographic systems" means any X-ray device that is subject to the requirements for veterinary medicine radiographic installations set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (42) "Wireline service operation" means any evaluation or mechanical service which is performed in a wellbore, using devices on a wireline; and (43) "X-ray tube" means any electron tube which is designed to be used primarily for the production of X-rays. Amended by Act 2021, No. 268,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2009, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2008, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2007, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2006, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2005, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2004, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2003, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 38, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 37, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 36, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5018, eff. 7/1/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 3; 1983, No. 19, §§ 3, 4; A.S.A. 1947, § 82-1514; Acts 1987, No. 504, § 1; 1995, No. 796, § 1.

As used in this subchapter:

(1) "Accelerator or particle accelerator, medical" means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is used for medical purposes;

(2) "Accelerator or particle accelerator, nonmedical" means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is not used for medical purposes;

(3) "Accelerator-produced radioactive material" means any material made radioactive, so as to emit radiation spontaneously, by a particle accelerator;

(4) "Assembler" means any person who is engaged in the business of installing or offering to install radiation machines or components associated with radiation machines;

(5) "By-product material" means: (A) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (B) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute by-product material within this definition; (C) Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; (D) Any material that: (i) Has been made radioactive by use of a particle accelerator; and (ii) Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and (E) Any discrete source of naturally occurring radioactive material, other than source material, that: (i) The United States Nuclear Regulatory Commission, in consultation with the Administrator of the United States Environmental Protection Agency, the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and (ii) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity;

(A) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;

(B) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute by-product material within this definition;

(C) Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity;

(D) Any material that: (i) Has been made radioactive by use of a particle accelerator; and (ii) Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and

(i) Has been made radioactive by use of a particle accelerator; and

(ii) Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and

(E) Any discrete source of naturally occurring radioactive material, other than source material, that: (i) The United States Nuclear Regulatory Commission, in consultation with the Administrator of the United States Environmental Protection Agency, the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and (ii) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity;

(i) The United States Nuclear Regulatory Commission, in consultation with the Administrator of the United States Environmental Protection Agency, the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and

(ii) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity;

(6) "Calibration sources - consulting services" means any individual, group of individuals, or company possessing a sealed radioactive source used for the calibration of radiation-measuring instruments or devices as authorized by a radioactive material license;

(7) "Civil penalty" means any monetary penalty levied on a licensee or registrant because of violation of statutes, rules, licenses, or registration certificates but does not include criminal penalties;

(8) "Closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following termination of licensed operation;

(9) "Decommissioning" means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for post-operational care;

(10) "Dental radiographic unit" means any X-ray device that is subject to the requirements for intraoral dental radiographic systems set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;

(11) "Gas chromatograph and X-ray fluorescence devices" means analytical laboratory instruments designed for qualitative and quantitative analysis using radioactive material as a component of the instrument detector or as a fluorescence excitation source;

(12) (A) "General license" means a license effective pursuant to rules promulgated by the State Radiation Control Agency without the filing of an application with the Department of Health or the issuance of licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of radioactive material or devices or equipment utilizing radioactive material. (B) "Specific license" means a license issued to a named person upon application filed pursuant to rules promulgated under this subchapter to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of radioactive material or equipment utilizing radioactive material. (C) "Academic broad license" means any radioactive material license issued to a college or university and subject to the special requirements for "specific licenses of broad scope" as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health. (D) "Academic radioactive material license" means any radioactive material license issued to a college or university, excluding academic broad licenses;

(A) "General license" means a license effective pursuant to rules promulgated by the State Radiation Control Agency without the filing of an application with the Department of Health or the issuance of licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of radioactive material or devices or equipment utilizing radioactive material.

(B) "Specific license" means a license issued to a named person upon application filed pursuant to rules promulgated under this subchapter to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of radioactive material or equipment utilizing radioactive material.

(C) "Academic broad license" means any radioactive material license issued to a college or university and subject to the special requirements for "specific licenses of broad scope" as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health.

(D) "Academic radioactive material license" means any radioactive material license issued to a college or university, excluding academic broad licenses;

(13) "High-level radioactive waste" means: (A) Irradiated reactor fuel; (B) Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel; and (C) Solids into which such liquid wastes have been converted;

(A) Irradiated reactor fuel;

(B) Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel; and

(C) Solids into which such liquid wastes have been converted;

(14) "Industrial units" means X-ray machines used within the manufacturing industry and other industries and in industrial radiography;

(15) "In vitro laboratory testing" means nonhuman use of radioactive material for laboratory testing in accordance with a general license authorized by the rules for control of sources of ionizing radiation promulgated by the State Board of Health;

(16) "Ionizing radiation" means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound or radio waves or visible, infrared, or ultraviolet light;

(17) "Irradiator" means a device or facility which contains and uses sealed sources for the irradiation of objects or materials;

(18) "Low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e. (2) of the Atomic Energy Act of 1954;

(19) "Mobile nuclear medicine service" means the transportation and medical use of by-product material and diagnostic instrumentation;

(20) "Naturally occurring radioactive material" means any material of natural origin that emits radiation spontaneously, excluding uranium, thorium, and the tailings produced in their extraction or concentration;

(21) "Nuclear gauge" means a device that uses radioactive material as a means of measurement or testing;

(22) "Nuclear medicine" means human use of radioactive material for diagnostic or therapeutic purposes, not including radioisotope teletherapy;

(23) "Nuclear pharmacy" means a facility licensed by the Arkansas State Board of Pharmacy for the purpose of compounding and dispensing prescription drugs which contain or are intended to be used with radioactive material. In addition, the facility is intended to provide service for more than one (1) medical licensee;

(24) "Panoramic wet source storage irradiator" means a controlled human access irradiator in which the sealed source is contained in a storage pool, usually containing water, and in which the sealed source is fully shielded when not in use. The sealed source is exposed within a radiation room that is maintained as inaccessible during use by interlocked controls;

(25) "Person" means: (A) Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency of this state, political subdivision of this state, of any other state or political subdivision or agency thereof; and (B) Any legal successor, representative, agent, or agency of the foregoing, but not including United States Government agencies;

(A) Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency of this state, political subdivision of this state, of any other state or political subdivision or agency thereof; and

(B) Any legal successor, representative, agent, or agency of the foregoing, but not including United States Government agencies;

(26) "Physician" means a doctor of medicine or doctor of osteopathy licensed by the Arkansas State Medical Board to prescribe drugs in the practice of medicine;

(27) "Private practice" means any use of radioactive material subject to the requirements for licensing of individual physicians for human use of radioactive materials as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;

(28) "Radiation equipment" means any manufactured product or device, or component part of a product or device, or any machine or system which during operation can generate or emit ionizing radiation, except those which emit radiation only from radioactive material;

(29) (A) "Radioactive material" means any material, whether solid, liquid, or gas, which emits ionizing radiation spontaneously. (B) "Radioactive material" includes by-product, naturally occurring, source, and special nuclear materials;

(A) "Radioactive material" means any material, whether solid, liquid, or gas, which emits ionizing radiation spontaneously.

(B) "Radioactive material" includes by-product, naturally occurring, source, and special nuclear materials;

(30) "Radioactive waste management" means storage, treatment, or disposal of radioactive wastes;

(31) "Radiography" means the examination of the macroscopic structure of materials by nondestructive methods utilizing sources of ionizing radiation;

(32) (A) "Radioisotope teletherapy" means the use of radiation from a sealed radioactive source for medical treatment. (B) "Radioisotope teletherapy" does not include radiation from sealed radioactive sources implanted within individuals or on-surface contact with individuals;

(A) "Radioisotope teletherapy" means the use of radiation from a sealed radioactive source for medical treatment.

(B) "Radioisotope teletherapy" does not include radiation from sealed radioactive sources implanted within individuals or on-surface contact with individuals;

(33) "Reciprocity" means the reciprocal recognition of licenses, registrations, or the equivalent issued by the United States Nuclear Regulatory Commission or any agreement state other than Arkansas, subject to provisions for reciprocal recognition of licenses, registrations, or the equivalent as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;

(34) "Registration" means registration with the Department of Health in accordance with rules promulgated by the State Board of Health;

(35) "Service personnel" means any person who is engaged in the business of offering or performing: (A) Repair or service of radiation machines and associated radiation machine components; (B) Repair or service of devices containing radioactive material; (C) Calibration of radiation machines; (D) Calibration of radiation instrumentation or devices; or (E) Furnishing personnel dosimetry services to State Radiation Control Agency licensees or registrants;

(A) Repair or service of radiation machines and associated radiation machine components;

(B) Repair or service of devices containing radioactive material;

(C) Calibration of radiation machines;

(D) Calibration of radiation instrumentation or devices; or

(E) Furnishing personnel dosimetry services to State Radiation Control Agency licensees or registrants;

(36) (A) "Source material" means: (i) Uranium, thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores that contain by weight one-twentieth of one percent (0.05%) or more of uranium, thorium, or any combination thereof. (B) "Source material" does not include special nuclear material;

(A) "Source material" means: (i) Uranium, thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores that contain by weight one-twentieth of one percent (0.05%) or more of uranium, thorium, or any combination thereof.

(i) Uranium, thorium, or any combination thereof, in any physical or chemical form; or

(ii) Ores that contain by weight one-twentieth of one percent (0.05%) or more of uranium, thorium, or any combination thereof.

(B) "Source material" does not include special nuclear material;

(37) "Sources of radiation" means, collectively, radioactive material and radiation equipment;

(38) "Special nuclear material" means: (A) Plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States Nuclear Regulatory Commission under the provisions of § 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material but does not include source material; or (B) Any material artificially enriched by any of the foregoing but does not include source material;

(A) Plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States Nuclear Regulatory Commission under the provisions of § 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material but does not include source material; or

(B) Any material artificially enriched by any of the foregoing but does not include source material;

(39) (A) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one (1) year's decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing. (B) "Spent nuclear fuel" includes special nuclear material, by-product material, source material, and other radioactive material associated with fuel assemblies;

(A) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one (1) year's decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing.

(B) "Spent nuclear fuel" includes special nuclear material, by-product material, source material, and other radioactive material associated with fuel assemblies;

(40) "Transuranic waste" means radioactive waste containing alpha-emitting transuranic elements, with radioactive half-lives greater than five (5) years, in excess of ten nanocuries per gram (10 nCi/g);

(41) "Veterinary medicine radiographic systems" means any X-ray device that is subject to the requirements for veterinary medicine radiographic installations set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;

(42) "Wireline service operation" means any evaluation or mechanical service which is performed in a wellbore, using devices on a wireline; and

(43) "X-ray tube" means any electron tube which is designed to be used primarily for the production of X-rays.

Amended by Act 2021, No. 268,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2009, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2008, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2007, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2006, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2005, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2004, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2003, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 38, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 37, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 36, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5018, eff. 7/1/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, § 3; 1983, No. 19, §§ 3, 4; A.S.A. 1947, § 82-1514; Acts 1987, No. 504, § 1; 1995, No. 796, § 1.
Ark. Code Ann. § 20-16-504 — AR Code / Title 20 / Chapter 16 / Subchapter 5 / Section 20-16-504
Notification - Information confidential
Status: in_force

All laboratory notifications required by §§ 20-16-501 - 20-16-506 are confidential and shall not be open for inspection by anyone except public health personnel. Acts 1973, No. 60, § 4; A.S.A. 1947, § 82-635.

All laboratory notifications required by §§ 20-16-501 - 20-16-506 are confidential and shall not be open for inspection by anyone except public health personnel.

Acts 1973, No. 60, § 4; A.S.A. 1947, § 82-635.
Ark. Code Ann. § 20-7-129 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-129
Reimbursement for certain medical supplies or services
Status: in_force

(a) (1) The Department of Health may implement a reimbursement system to recover part or all of the costs of delivering services. (2) For the purpose of vaccine and vaccine administration reimbursement, if a private healthcare insurer declines or does not respond to a request to contract with the department within ninety (90) days of the request to contract, the private healthcare insurer shall reimburse the department at the rate paid to an in-network provider. (b) The system shall provide that fees shall be collected only from those patients who are financially able to pay the fee and that no one shall be denied services because of inability to pay. (c) (1) Funds derived from the fees shall be used exclusively for the purchase of medical supplies or services necessary to enable the department to continue to provide essential health care. (2) The department may transfer six hundred thousand dollars ($600,000) in any fiscal year to the State Health Department Building and Local Grant Trust Fund for the purposes established by § 20-7-204 . (d) (1) Funds collected by the department under this section shall be deposited into the State Treasury. These funds shall be credited to the Public Health Fund to be used exclusively for support of medical supplies or services. (2) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, all unexpended funds that pertain to fees collected shall be carried forward and made available for expenditure for the same purposes for any following fiscal year. Amended by Act 2019, No. 315,§ 1812, eff. 7/24/2019. Amended by Act 2017, No. 206,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 1052,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 564,§ 1, eff. 8/16/2013. Acts 1989, No. 387, §§ 1, 2.

(a) (1) The Department of Health may implement a reimbursement system to recover part or all of the costs of delivering services. (2) For the purpose of vaccine and vaccine administration reimbursement, if a private healthcare insurer declines or does not respond to a request to contract with the department within ninety (90) days of the request to contract, the private healthcare insurer shall reimburse the department at the rate paid to an in-network provider.

(1) The Department of Health may implement a reimbursement system to recover part or all of the costs of delivering services.

(2) For the purpose of vaccine and vaccine administration reimbursement, if a private healthcare insurer declines or does not respond to a request to contract with the department within ninety (90) days of the request to contract, the private healthcare insurer shall reimburse the department at the rate paid to an in-network provider.

(b) The system shall provide that fees shall be collected only from those patients who are financially able to pay the fee and that no one shall be denied services because of inability to pay.

(c) (1) Funds derived from the fees shall be used exclusively for the purchase of medical supplies or services necessary to enable the department to continue to provide essential health care. (2) The department may transfer six hundred thousand dollars ($600,000) in any fiscal year to the State Health Department Building and Local Grant Trust Fund for the purposes established by § 20-7-204 .

(1) Funds derived from the fees shall be used exclusively for the purchase of medical supplies or services necessary to enable the department to continue to provide essential health care.

(2) The department may transfer six hundred thousand dollars ($600,000) in any fiscal year to the State Health Department Building and Local Grant Trust Fund for the purposes established by § 20-7-204 .

(d) (1) Funds collected by the department under this section shall be deposited into the State Treasury. These funds shall be credited to the Public Health Fund to be used exclusively for support of medical supplies or services. (2) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, all unexpended funds that pertain to fees collected shall be carried forward and made available for expenditure for the same purposes for any following fiscal year.

(1) Funds collected by the department under this section shall be deposited into the State Treasury. These funds shall be credited to the Public Health Fund to be used exclusively for support of medical supplies or services.

(2) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, all unexpended funds that pertain to fees collected shall be carried forward and made available for expenditure for the same purposes for any following fiscal year.

Amended by Act 2019, No. 315,§ 1812, eff. 7/24/2019.

Amended by Act 2017, No. 206,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 1052,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 564,§ 1, eff. 8/16/2013.

Acts 1989, No. 387, §§ 1, 2.
Ark. Code Ann. § 20-60-201 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Meat and Meat Products Inspection Act". Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Acts 1967, No. 320, § 1; A.S.A. 1947, § 82-2001.

This subchapter shall be known and may be cited as the "Arkansas Meat and Meat Products Inspection Act".

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

Acts 1967, No. 320, § 1; A.S.A. 1947, § 82-2001.
Ark. Code Ann. § 20-10-101 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-101
Definitions
Status: in_force

As used in this chapter: (1) "Administrative remedy" means temporary management, denial of payment for all new admissions, transfer of residents, termination or suspension of license, termination of provider agreement, directed plan of correction, directed in-service training, and remedies established by Arkansas law, including remedies provided in § 20-10-1408 [repealed]; (2) "Administrator-in-training program" means a program for gaining supervised practical experience in long-term care administration; (3) "Assisted living facility" means the same as in § 20-10-1703 ; (4) "Clock hour" means a period of contact experience comprising the full sixty (60) minutes; (5) "Department" means the Department of Human Services; (6) "Division" means the appropriate division as determined by the Secretary of the Department of Human Services; (7) "Head injury" means a noncongenital injury to the brain or a neurological impairment caused by illness, accident, or nondegenerative etiology; (8) "Head injury retraining and rehabilitation" means an individualized program of instruction designed to assist an individual suffering disability as a result of head injury to reduce the adverse effects of the disability and improve functioning in activities of daily living and work-related activities, but which does not include inpatient diagnostic care, and which may be offered in a residential or day program; (9) (A) "Long-term care facility" means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care. (B) "Long-term care facility" does not include an adult daycare program that: (i) Provides care and supervision to meet the needs of twelve (12) or fewer functionally impaired adults at any time in a place other than the adult's home; (ii) Provides services to clients for periods of four (4) hours or less per day for no more than two (2) days per week; (iii) Designates an individual to act as the program director to have responsibility for the operation of the program; (iv) Posts a notice in 18-point type that: (a) Is located at or near the main entrance to the structure in which the program operates; (b) Lists the name and contact information of the program director; (c) Lists the name and the contact telephone number for the Adult Protective Services Unit of the Department of Human Services; and (d) Lists the name and the contact telephone number for the Office of Long-Term Care; (v) Operates in a building or structure that is at all times in compliance with safety code requirements as determined by the local fire authority; and (vi) Operates in accordance with the Alzheimer's Association Dementia Care Practice Recommendations or similarly nationally recognized standards for the treatment and care of individuals with Alzheimer's disease or related dementia, as in existence on January 1, 2009; (10) "Long-term care facility administrator" means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility whether or not the individual has an ownership interest in the long-term care facility and whether or not his or her functions and duties are shared with one (1) or more individuals; (11) "Post-acute head injury residential care" means a residential program offering assistance in activities of daily living for individuals who are disabled because of head injury and are therefore unable to live independently; (12) "Post-acute head injury residential care facility" means a residential care facility that is not a nursing home and which provides head injury retraining and rehabilitation for individuals who are disabled because of head injury and are not in present need of inpatient diagnostic care in a hospital or related institution; (13) "Reciprocity licensing" means a method by which an individual licensed in good standing in one (1) state may apply for licensure status in another state, provided that the state from which the individual wishes to transfer has standards comparable to the state to which the individual wishes to transfer; (14) "Residential care facility" means a building or structure which is used or maintained to provide for pay on a twenty-four-hour basis a place of residence and board for three (3) or more individuals whose functional capabilities may have been impaired but who do not require hospital or nursing home care on a daily basis but who could require other assistance in activities of daily living; and (15) "Sponsor" means legal guardian. Amended by Act 2021, No. 905,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5176, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5175, eff. 7/1/2019. Acts 1969, No. 58, § 1; 1975, No. 119, § 1; 1979, No. 28, § 1; 1985, No. 884, § 3; 1985, No. 968, § 3; A.S.A. 1947, §§ 82-2201, 82-2216; Acts 1987, No. 602, §§ 1, 2; 1988 (4th Ex. Sess.), No. 17, § 2; 1993, No. 1090, § 1; 1993, No. 1238, § 4; 2005, No. 898, § 1; 2005, No. 2191, § 2; 2007, No. 827, § 150; 2009, No. 357, § 1.

As used in this chapter:

(1) "Administrative remedy" means temporary management, denial of payment for all new admissions, transfer of residents, termination or suspension of license, termination of provider agreement, directed plan of correction, directed in-service training, and remedies established by Arkansas law, including remedies provided in § 20-10-1408 [repealed];

(2) "Administrator-in-training program" means a program for gaining supervised practical experience in long-term care administration;

(3) "Assisted living facility" means the same as in § 20-10-1703 ;

(4) "Clock hour" means a period of contact experience comprising the full sixty (60) minutes;

(5) "Department" means the Department of Human Services;

(6) "Division" means the appropriate division as determined by the Secretary of the Department of Human Services;

(7) "Head injury" means a noncongenital injury to the brain or a neurological impairment caused by illness, accident, or nondegenerative etiology;

(8) "Head injury retraining and rehabilitation" means an individualized program of instruction designed to assist an individual suffering disability as a result of head injury to reduce the adverse effects of the disability and improve functioning in activities of daily living and work-related activities, but which does not include inpatient diagnostic care, and which may be offered in a residential or day program;

(9) (A) "Long-term care facility" means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care. (B) "Long-term care facility" does not include an adult daycare program that: (i) Provides care and supervision to meet the needs of twelve (12) or fewer functionally impaired adults at any time in a place other than the adult's home; (ii) Provides services to clients for periods of four (4) hours or less per day for no more than two (2) days per week; (iii) Designates an individual to act as the program director to have responsibility for the operation of the program; (iv) Posts a notice in 18-point type that: (a) Is located at or near the main entrance to the structure in which the program operates; (b) Lists the name and contact information of the program director; (c) Lists the name and the contact telephone number for the Adult Protective Services Unit of the Department of Human Services; and (d) Lists the name and the contact telephone number for the Office of Long-Term Care; (v) Operates in a building or structure that is at all times in compliance with safety code requirements as determined by the local fire authority; and (vi) Operates in accordance with the Alzheimer's Association Dementia Care Practice Recommendations or similarly nationally recognized standards for the treatment and care of individuals with Alzheimer's disease or related dementia, as in existence on January 1, 2009;

(A) "Long-term care facility" means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care.

(B) "Long-term care facility" does not include an adult daycare program that: (i) Provides care and supervision to meet the needs of twelve (12) or fewer functionally impaired adults at any time in a place other than the adult's home; (ii) Provides services to clients for periods of four (4) hours or less per day for no more than two (2) days per week; (iii) Designates an individual to act as the program director to have responsibility for the operation of the program; (iv) Posts a notice in 18-point type that: (a) Is located at or near the main entrance to the structure in which the program operates; (b) Lists the name and contact information of the program director; (c) Lists the name and the contact telephone number for the Adult Protective Services Unit of the Department of Human Services; and (d) Lists the name and the contact telephone number for the Office of Long-Term Care; (v) Operates in a building or structure that is at all times in compliance with safety code requirements as determined by the local fire authority; and (vi) Operates in accordance with the Alzheimer's Association Dementia Care Practice Recommendations or similarly nationally recognized standards for the treatment and care of individuals with Alzheimer's disease or related dementia, as in existence on January 1, 2009;

(i) Provides care and supervision to meet the needs of twelve (12) or fewer functionally impaired adults at any time in a place other than the adult's home;

(ii) Provides services to clients for periods of four (4) hours or less per day for no more than two (2) days per week;

(iii) Designates an individual to act as the program director to have responsibility for the operation of the program;

(iv) Posts a notice in 18-point type that: (a) Is located at or near the main entrance to the structure in which the program operates; (b) Lists the name and contact information of the program director; (c) Lists the name and the contact telephone number for the Adult Protective Services Unit of the Department of Human Services; and (d) Lists the name and the contact telephone number for the Office of Long-Term Care;

(a) Is located at or near the main entrance to the structure in which the program operates;

(b) Lists the name and contact information of the program director;

(c) Lists the name and the contact telephone number for the Adult Protective Services Unit of the Department of Human Services; and

(d) Lists the name and the contact telephone number for the Office of Long-Term Care;

(v) Operates in a building or structure that is at all times in compliance with safety code requirements as determined by the local fire authority; and

(vi) Operates in accordance with the Alzheimer's Association Dementia Care Practice Recommendations or similarly nationally recognized standards for the treatment and care of individuals with Alzheimer's disease or related dementia, as in existence on January 1, 2009;

(10) "Long-term care facility administrator" means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility whether or not the individual has an ownership interest in the long-term care facility and whether or not his or her functions and duties are shared with one (1) or more individuals;

(11) "Post-acute head injury residential care" means a residential program offering assistance in activities of daily living for individuals who are disabled because of head injury and are therefore unable to live independently;

(12) "Post-acute head injury residential care facility" means a residential care facility that is not a nursing home and which provides head injury retraining and rehabilitation for individuals who are disabled because of head injury and are not in present need of inpatient diagnostic care in a hospital or related institution;

(13) "Reciprocity licensing" means a method by which an individual licensed in good standing in one (1) state may apply for licensure status in another state, provided that the state from which the individual wishes to transfer has standards comparable to the state to which the individual wishes to transfer;

(14) "Residential care facility" means a building or structure which is used or maintained to provide for pay on a twenty-four-hour basis a place of residence and board for three (3) or more individuals whose functional capabilities may have been impaired but who do not require hospital or nursing home care on a daily basis but who could require other assistance in activities of daily living; and

(15) "Sponsor" means legal guardian.

Amended by Act 2021, No. 905,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5176, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5175, eff. 7/1/2019.

Acts 1969, No. 58, § 1; 1975, No. 119, § 1; 1979, No. 28, § 1; 1985, No. 884, § 3; 1985, No. 968, § 3; A.S.A. 1947, §§ 82-2201, 82-2216; Acts 1987, No. 602, §§ 1, 2; 1988 (4th Ex. Sess.), No. 17, § 2; 1993, No. 1090, § 1; 1993, No. 1238, § 4; 2005, No. 898, § 1; 2005, No. 2191, § 2; 2007, No. 827, § 150; 2009, No. 357, § 1.