Ark. Code Ann. § 20-7-134 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-134
Powers and duties
Status: in_force

(a) The Child Health Advisory Committee shall meet at least one (1) time per month and make recommendations to the State Board of Education and the State Board of Health consistent with the intent and purpose of this section and §§ 20-7-133 and 20-7-135 . (b) The committee shall develop nutrition and physical activity standards and policy recommendations with consideration of the following: (1) Foods sold individually in school cafeterias but outside the regulated National School Lunch Program; (2) Competitive foods as defined by the United States Department of Agriculture as the definition existed on January 1, 2015, and offered at schools typically through vending machines, student stores, school fundraisers, food carts, or food concessions; (3) The continuing professional development of food service staff; (4) The expenditure of funds derived from competitive food and beverage contracts; (5) Physical education and activity; (6) Systems to ensure the implementation of nutrition and physical activity standards; and (7) The monitoring and evaluating of results and reporting of outcomes. (c) The committee shall examine the progress of the Arkansas Coordinated School Health Program and make recommendations to the Division of Elementary and Secondary Education and the Department of Health concerning the implementation of the Arkansas Coordinated School Health Program. Amended by Act 2015, No. 846,§ 36, eff. 7/22/2015. Amended by Act 2019, No. 910,§ 2278, eff. 7/1/2019. Acts 2003, No. 1220, § 1; 2007, No. 719, § 1.

(a) The Child Health Advisory Committee shall meet at least one (1) time per month and make recommendations to the State Board of Education and the State Board of Health consistent with the intent and purpose of this section and §§ 20-7-133 and 20-7-135 .

(b) The committee shall develop nutrition and physical activity standards and policy recommendations with consideration of the following: (1) Foods sold individually in school cafeterias but outside the regulated National School Lunch Program; (2) Competitive foods as defined by the United States Department of Agriculture as the definition existed on January 1, 2015, and offered at schools typically through vending machines, student stores, school fundraisers, food carts, or food concessions; (3) The continuing professional development of food service staff; (4) The expenditure of funds derived from competitive food and beverage contracts; (5) Physical education and activity; (6) Systems to ensure the implementation of nutrition and physical activity standards; and (7) The monitoring and evaluating of results and reporting of outcomes.

(1) Foods sold individually in school cafeterias but outside the regulated National School Lunch Program;

(2) Competitive foods as defined by the United States Department of Agriculture as the definition existed on January 1, 2015, and offered at schools typically through vending machines, student stores, school fundraisers, food carts, or food concessions;

(3) The continuing professional development of food service staff;

(4) The expenditure of funds derived from competitive food and beverage contracts;

(5) Physical education and activity;

(6) Systems to ensure the implementation of nutrition and physical activity standards; and

(7) The monitoring and evaluating of results and reporting of outcomes.

(c) The committee shall examine the progress of the Arkansas Coordinated School Health Program and make recommendations to the Division of Elementary and Secondary Education and the Department of Health concerning the implementation of the Arkansas Coordinated School Health Program.

Amended by Act 2015, No. 846,§ 36, eff. 7/22/2015.

Amended by Act 2019, No. 910,§ 2278, eff. 7/1/2019.

Acts 2003, No. 1220, § 1; 2007, No. 719, § 1.
Ark. Code Ann. § 20-78-907 — AR Code / Title 20 / Chapter 78 / Subchapter 9 / Section 20-78-907
[Repealed]
Status: repealed

Repealed without reference to 2017 amendment by Act 2017, No. 896,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 897,§ 19, eff. 7/1/2017. Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.

Repealed without reference to 2017 amendment by Act 2017, No. 896,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 897,§ 19, eff. 7/1/2017.

Added by Act 2013, No. 528,§ 3, eff. 3/28/2013.
Ark. Code Ann. § 20-10-1303 — AR Code / Title 20 / Chapter 10 / Subchapter 13 / Section 20-10-1303
Definitions
Status: in_force

As used in this subchapter: (1) "Document" means evidence from a person's physician or healthcare provider in written format indicating the date and place when the individual received the influenza virus vaccine and the pneumococcal pneumonia vaccine; (2) "Medically contraindicated" means either that the influenza or pneumococcal vaccines should not be administered to an individual because of a condition that individual has that will be detrimental to the individual's health if the individual receives either of the vaccines; (3) (A) "Nursing home facilities" means facilities that include any building, structure, agency, institution, or place for the reception, accommodation, board, care, or treatment of two (2) or more individuals who because of physical or mental infirmity are unable to sufficiently or properly care for themselves and for which reception, accommodation, board, care, or treatment a charge is made. (B) "Nursing home" shall not include the offices of private physicians and surgeons, residential healthcare facilities, hospitals, institutions operated by the United States Government, any other similar facility where individuals reside, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination; and (4) "Report" means to maintain a current list or roster of vaccine status for residents and employees and by December 1 of each year to provide that list to the Office of Long-Term Care. Acts 1999, No. 1524, § 3.

As used in this subchapter:

(1) "Document" means evidence from a person's physician or healthcare provider in written format indicating the date and place when the individual received the influenza virus vaccine and the pneumococcal pneumonia vaccine;

(2) "Medically contraindicated" means either that the influenza or pneumococcal vaccines should not be administered to an individual because of a condition that individual has that will be detrimental to the individual's health if the individual receives either of the vaccines;

(3) (A) "Nursing home facilities" means facilities that include any building, structure, agency, institution, or place for the reception, accommodation, board, care, or treatment of two (2) or more individuals who because of physical or mental infirmity are unable to sufficiently or properly care for themselves and for which reception, accommodation, board, care, or treatment a charge is made. (B) "Nursing home" shall not include the offices of private physicians and surgeons, residential healthcare facilities, hospitals, institutions operated by the United States Government, any other similar facility where individuals reside, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination; and

(A) "Nursing home facilities" means facilities that include any building, structure, agency, institution, or place for the reception, accommodation, board, care, or treatment of two (2) or more individuals who because of physical or mental infirmity are unable to sufficiently or properly care for themselves and for which reception, accommodation, board, care, or treatment a charge is made.

(B) "Nursing home" shall not include the offices of private physicians and surgeons, residential healthcare facilities, hospitals, institutions operated by the United States Government, any other similar facility where individuals reside, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination; and

(4) "Report" means to maintain a current list or roster of vaccine status for residents and employees and by December 1 of each year to provide that list to the Office of Long-Term Care.

Acts 1999, No. 1524, § 3.
Ark. Code Ann. § 20-6-401 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "No Patient Left Alone Act". Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

This subchapter shall be known and may be cited as the "No Patient Left Alone Act".

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-22-1007 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1007
State and local government agencies - Liaison officers
Status: in_force

(a) It is directed by this subchapter that the head of each state agency with fire services, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments shall appoint a member or members of its staff as fire services liaison officer or officers to act on its behalf in coordinating and ensuring the agency's capability to fulfill its role in fire services activities. (b) It shall be the responsibility of this officer or these officers to: (1) Maintain close and continuous liaison with the Office of Fire Protection Services, as applicable; (2) Prepare agency operations plans in cooperation with this subchapter and with the office; (3) Submit a list of the various firefighting, prevention, training, mitigation, and adjunct services the agency is trained and equipped to perform; (4) Maintain files of agency resources to include personnel, facilities, and equipment available for fire services and adjunct services operations; (5) Submit a semiannual report to the office of the various firefighting, prevention, training, mitigation, and adjunct services the agency is trained and equipped to perform; (6) Ensure that the agency can respond promptly and cooperatively with other agencies in any firefighting situations or major emergency situations under the procedures cooperatively agreed to in the Arkansas Fire Protection Services Resources Plan and coordinated by the office; and (7) Perform other related functions necessary to carry out the purpose of this subchapter. (c) Nothing in subsections (a) and (b) of this section shall be interpreted as relieving or otherwise abridging the responsibility and authority of any state or local agency directors in carrying out the fire services and adjunct services operations for which their agencies are solely responsible. Acts 1993, No. 1303, § 7.

(a) It is directed by this subchapter that the head of each state agency with fire services, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments shall appoint a member or members of its staff as fire services liaison officer or officers to act on its behalf in coordinating and ensuring the agency's capability to fulfill its role in fire services activities.

(b) It shall be the responsibility of this officer or these officers to: (1) Maintain close and continuous liaison with the Office of Fire Protection Services, as applicable; (2) Prepare agency operations plans in cooperation with this subchapter and with the office; (3) Submit a list of the various firefighting, prevention, training, mitigation, and adjunct services the agency is trained and equipped to perform; (4) Maintain files of agency resources to include personnel, facilities, and equipment available for fire services and adjunct services operations; (5) Submit a semiannual report to the office of the various firefighting, prevention, training, mitigation, and adjunct services the agency is trained and equipped to perform; (6) Ensure that the agency can respond promptly and cooperatively with other agencies in any firefighting situations or major emergency situations under the procedures cooperatively agreed to in the Arkansas Fire Protection Services Resources Plan and coordinated by the office; and (7) Perform other related functions necessary to carry out the purpose of this subchapter.

(1) Maintain close and continuous liaison with the Office of Fire Protection Services, as applicable;

(2) Prepare agency operations plans in cooperation with this subchapter and with the office;

(3) Submit a list of the various firefighting, prevention, training, mitigation, and adjunct services the agency is trained and equipped to perform;

(4) Maintain files of agency resources to include personnel, facilities, and equipment available for fire services and adjunct services operations;

(5) Submit a semiannual report to the office of the various firefighting, prevention, training, mitigation, and adjunct services the agency is trained and equipped to perform;

(6) Ensure that the agency can respond promptly and cooperatively with other agencies in any firefighting situations or major emergency situations under the procedures cooperatively agreed to in the Arkansas Fire Protection Services Resources Plan and coordinated by the office; and

(7) Perform other related functions necessary to carry out the purpose of this subchapter.

(c) Nothing in subsections (a) and (b) of this section shall be interpreted as relieving or otherwise abridging the responsibility and authority of any state or local agency directors in carrying out the fire services and adjunct services operations for which their agencies are solely responsible.

Acts 1993, No. 1303, § 7.
Ark. Code Ann. § 20-15-504 — AR Code / Title 20 / Chapter 15 / Subchapter 5 / Section 20-15-504
Limitation on autopsies
Status: in_force

The Department of Health shall provide for the transportation and the autopsy as provided in § 20-15-503 only so long as federal funds are available to the department for the transportation and autopsies of suspected victims of sudden infant death syndrome. Acts 1979, No. 116, § 4; A.S.A. 1947, § 82-642.

The Department of Health shall provide for the transportation and the autopsy as provided in § 20-15-503 only so long as federal funds are available to the department for the transportation and autopsies of suspected victims of sudden infant death syndrome.

Acts 1979, No. 116, § 4; A.S.A. 1947, § 82-642.
Ark. Code Ann. § 20-8-701 — AR Code / Title 20 / Chapter 8 / Subchapter 7 / Section 20-8-701
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 57, eff. 7/1/2023. Added by Act 2017, No. 735,§ 1, eff. 8/1/2017.

Repealed by Act 2023, No. 365,§ 57, eff. 7/1/2023.

Added by Act 2017, No. 735,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-64-218 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-218
Exceptions and exemptions not required to be negatived
Status: in_force

In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this subchapter, it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this subchapter, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant. Acts 1937, No. 344, § 18; Pope's Dig., § 10143; A.S.A. 1947, § 82-1018.

In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this subchapter, it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this subchapter, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.

Acts 1937, No. 344, § 18; Pope's Dig., § 10143; A.S.A. 1947, § 82-1018.
Ark. Code Ann. § 20-17-1114 — AR Code / Title 20 / Chapter 17 / Subchapter 11 / Section 20-17-1114
Expenditures - Public proceedings and transactions - Filing of report
Status: in_force

(a) The depository shall pay out no money except under the order of the board of commissioners and upon a voucher check signed by at least two (2) of the commissioners. Every voucher check shall state upon its face to whom payable, the amount, and the purpose for which it is used. All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each. (b) All proceedings and transactions of the board shall be a matter of public record and shall be open to the inspection of the public. (c) The board of commissioners shall file with the county clerk in January of each year a certified itemized report showing all moneys received, the date of receipt, and the source from which received, all moneys paid out, the date paid, to whom paid, and for what purpose, during the preceding year, together with an itemized list of all delinquent taxes, showing the owner, a description of the property, the years for which the tax is delinquent, and the amount of total delinquency. Acts 1957, No. 318, § 10; A.S.A. 1947, § 20-1310.

(a) The depository shall pay out no money except under the order of the board of commissioners and upon a voucher check signed by at least two (2) of the commissioners. Every voucher check shall state upon its face to whom payable, the amount, and the purpose for which it is used. All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each.

(b) All proceedings and transactions of the board shall be a matter of public record and shall be open to the inspection of the public.

(c) The board of commissioners shall file with the county clerk in January of each year a certified itemized report showing all moneys received, the date of receipt, and the source from which received, all moneys paid out, the date paid, to whom paid, and for what purpose, during the preceding year, together with an itemized list of all delinquent taxes, showing the owner, a description of the property, the years for which the tax is delinquent, and the amount of total delinquency.

Acts 1957, No. 318, § 10; A.S.A. 1947, § 20-1310.
Ark. Code Ann. § 20-14-307 — AR Code / Title 20 / Chapter 14 / Subchapter 3 / Section 20-14-307
Signs for individuals with disabilities
Status: in_force

(a) State agencies which require any persons, agencies, boards, commissions, businesses, or other entities to display signs for individuals with disabilities shall require those persons, agencies, boards, commissions, businesses, or other entities to display only the blue and white international symbol of access. (b) This section shall have no retroactive effect, applying only to signs installed subsequent to this section's taking effect. (c) This section shall apply only if installation of a required sign can be achieved without creating a negative financial impact on any persons, agencies, boards, commissions, businesses, or other entities required to display signs for individuals with disabilities. Acts 2001, No. 992, § 1.

(a) State agencies which require any persons, agencies, boards, commissions, businesses, or other entities to display signs for individuals with disabilities shall require those persons, agencies, boards, commissions, businesses, or other entities to display only the blue and white international symbol of access.

(b) This section shall have no retroactive effect, applying only to signs installed subsequent to this section's taking effect.

(c) This section shall apply only if installation of a required sign can be achieved without creating a negative financial impact on any persons, agencies, boards, commissions, businesses, or other entities required to display signs for individuals with disabilities.

Acts 2001, No. 992, § 1.
Ark. Code Ann. § 20-64-317 — AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-317
Rules
Status: in_force

(a) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health. (b) Before the rules or amendments thereto shall become effective, the board shall publish notice two (2) times weekly for two (2) consecutive weeks in a newspaper of general circulation in this state, setting forth in the newspaper notice a concise summary of the proposed rule or amendment thereto and setting forth, in addition, the time and place at which open public hearings are to be held on the rules. (c) The hearing shall be held not earlier than ten (10) days nor later than fifteen (15) days following the last published notice thereon. (d) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those regulations promulgated under the Federal Food, Drug, and Cosmetic Act. Amended by Act 2019, No. 315,§ 2228, eff. 7/24/2019. Acts 1967, No. 492, § 8; A.S.A. 1947, § 82-2108.

(a) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health.

(b) Before the rules or amendments thereto shall become effective, the board shall publish notice two (2) times weekly for two (2) consecutive weeks in a newspaper of general circulation in this state, setting forth in the newspaper notice a concise summary of the proposed rule or amendment thereto and setting forth, in addition, the time and place at which open public hearings are to be held on the rules.

(c) The hearing shall be held not earlier than ten (10) days nor later than fifteen (15) days following the last published notice thereon.

(d) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those regulations promulgated under the Federal Food, Drug, and Cosmetic Act.

Amended by Act 2019, No. 315,§ 2228, eff. 7/24/2019.

Acts 1967, No. 492, § 8; A.S.A. 1947, § 82-2108.
Ark. Code Ann. § 20-10-810 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-810
Denial, suspension, or revocation of license
Status: in_force

The Director of the Division of Health Facilities Services may deny, suspend, or revoke licensure on any of the following grounds: (1) Violation of this subchapter or the rules lawfully promulgated under this subchapter; and (2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the home healthcare services agency. Amended by Act 2019, No. 315,§ 1886, eff. 7/24/2019. Acts 1987, No. 956, § 4.

The Director of the Division of Health Facilities Services may deny, suspend, or revoke licensure on any of the following grounds:

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

(2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the home healthcare services agency.

Amended by Act 2019, No. 315,§ 1886, eff. 7/24/2019.

Acts 1987, No. 956, § 4.
Ark. Code Ann. § 20-59-245 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-245
Unlawful acts - Name of distributor on container - Sale of misprint bottle caps
Status: in_force

It shall be unlawful to sell or offer for sale any milk or milk product in bottles or other original containers for final consumption unless the bottle or container has a cap or cover with the name of the dairy products plant distributor printed thereon. The use or sale of misprinted milk bottle caps is declared unlawful. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to sell or offer for sale any milk or milk product in bottles or other original containers for final consumption unless the bottle or container has a cap or cover with the name of the dairy products plant distributor printed thereon. The use or sale of misprinted milk bottle caps is declared unlawful.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-23-304 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-304
Failure to make ready for inspection
Status: in_force

Any owner, user, or agent of the owner of any boiler subject to inspection by the Boiler Inspection Division who shall fail to have a boiler ready for inspection after due notice as provided in this chapter shall pay to the division the inspection fee provided by this subchapter and shall be subject to an administrative fine of any sum not less than ten dollars ($10.00). Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1999, No. 982, § 11.

Any owner, user, or agent of the owner of any boiler subject to inspection by the Boiler Inspection Division who shall fail to have a boiler ready for inspection after due notice as provided in this chapter shall pay to the division the inspection fee provided by this subchapter and shall be subject to an administrative fine of any sum not less than ten dollars ($10.00).

Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506; Acts 1999, No. 982, § 11.
Ark. Code Ann. § 20-13-1601 — AR Code / Title 20 / Chapter 13 / Subchapter 16 / Section 20-13-1601
Definition
Status: in_force

As used in this subchapter, "community paramedic" means an individual who: (1) Is licensed as a paramedic; (2) Meets the requirements for additional licensure as a community paramedic under this subchapter; and (3) Provides services to: (A) Discharged inpatients who have been screened for home health or hospice and either: (i) Do not qualify for home health or hospice services; or (ii) Are documented as having declined home health or hospice services; (B) Discharged emergency department patients; and (C) Prehospital patients. Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.

As used in this subchapter, "community paramedic" means an individual who:

(1) Is licensed as a paramedic;

(2) Meets the requirements for additional licensure as a community paramedic under this subchapter; and

(3) Provides services to: (A) Discharged inpatients who have been screened for home health or hospice and either: (i) Do not qualify for home health or hospice services; or (ii) Are documented as having declined home health or hospice services; (B) Discharged emergency department patients; and (C) Prehospital patients.

(A) Discharged inpatients who have been screened for home health or hospice and either: (i) Do not qualify for home health or hospice services; or (ii) Are documented as having declined home health or hospice services;

(i) Do not qualify for home health or hospice services; or

(ii) Are documented as having declined home health or hospice services;

(B) Discharged emergency department patients; and

(C) Prehospital patients.

Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-15-1906 — AR Code / Title 20 / Chapter 15 / Subchapter 19 / Section 20-15-1906
[Repealed]
Status: repealed

Repealed by Act 2019, No. 655,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5008, eff. 7/1/2019. Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017. Acts 2009, No. 1374, § 1.

Repealed by Act 2019, No. 655,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5008, eff. 7/1/2019.

Amended by Act 2017, No. 516,§ 1, eff. 8/1/2017.

Acts 2009, No. 1374, § 1.
Ark. Code Ann. § 20-16-813 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-813
When consent is not required
Status: in_force

A minor shall not be required to obtain consent under this subchapter if the guardianship or custody order has expired or is otherwise no longer in effect. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

A minor shall not be required to obtain consent under this subchapter if the guardianship or custody order has expired or is otherwise no longer in effect.

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-17-211 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-211
When healthcare provider may presume validity of declaration
Status: in_force

In the absence of knowledge to the contrary, a physician or other healthcare provider may presume that a declaration complies with this subchapter and is valid. Acts 1987, No. 713, § 11.

In the absence of knowledge to the contrary, a physician or other healthcare provider may presume that a declaration complies with this subchapter and is valid.

Acts 1987, No. 713, § 11.
Ark. Code Ann. § 20-79-211 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-211
Appropriations
Status: in_force

(a) Budget estimates of the amount of appropriations needed each fiscal year for rehabilitation services and for the administration of the program shall be submitted by the deputy director to the Department of Commerce. The amount approved shall be included in the estimates made by the department to the General Assembly for the operation of the rehabilitation program. (b) In the event federal funds are available to the State of Arkansas for rehabilitation purposes, Arkansas Rehabilitation Services is authorized to comply with such requirements as may be necessary to obtain the federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and the Arkansas Constitution. (c) In the event the United States Congress fails in any year to appropriate funds for grants-in-aid to the state for rehabilitation purposes, the department shall include as a part of the budget a request for adequate state funds for rehabilitation purposes. Acts 1955, No. 43, § 10; 1959, No. 34, § 9; A.S.A. 1947, § 80-2549.

(a) Budget estimates of the amount of appropriations needed each fiscal year for rehabilitation services and for the administration of the program shall be submitted by the deputy director to the Department of Commerce. The amount approved shall be included in the estimates made by the department to the General Assembly for the operation of the rehabilitation program.

(b) In the event federal funds are available to the State of Arkansas for rehabilitation purposes, Arkansas Rehabilitation Services is authorized to comply with such requirements as may be necessary to obtain the federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and the Arkansas Constitution.

(c) In the event the United States Congress fails in any year to appropriate funds for grants-in-aid to the state for rehabilitation purposes, the department shall include as a part of the budget a request for adequate state funds for rehabilitation purposes.

Acts 1955, No. 43, § 10; 1959, No. 34, § 9; A.S.A. 1947, § 80-2549.
Ark. Code Ann. § 20-16-606 — AR Code / Title 20 / Chapter 16 / Subchapter 6 / Section 20-16-606
Qualifications to perform an abortion
Status: in_force

(a) A person shall not perform or induce an abortion unless that person is a physician licensed to practice medicine in the State of Arkansas and is board-certified or board-eligible in obstetrics and gynecology. (b) A violation of this section is a Class D felony and may result in the revocation, suspension, or nonrenewal of the professional license of an abortion facility or physician. Added by Act 2019, No. 700,§ 1, eff. 7/24/2019.

(a) A person shall not perform or induce an abortion unless that person is a physician licensed to practice medicine in the State of Arkansas and is board-certified or board-eligible in obstetrics and gynecology.

(b) A violation of this section is a Class D felony and may result in the revocation, suspension, or nonrenewal of the professional license of an abortion facility or physician.

Added by Act 2019, No. 700,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-10-228 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-228
Information received by Department of Human Services confidential
Status: in_force

(a) Except in a proceeding involving the question of licensing or revocation of a license or as permitted in § 20-10-210(b) , information received by the Department of Human Services, through inspection or otherwise, authorized under §§ 20-10-213 - 20-10-228 , shall not be disclosed publicly in such a manner as to identify long-term care facility residents, their families, or persons filing complaints. (b) (1) However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Director of the Department of Human Services for information concerning a certain long-term care facility, information obtained during recent inspections of the facility may be supplied in writing to the deputy director. (2) This exception applies only to facilities providing care for recipients of public welfare and is not to be construed as permitting the exchange of such information on all homes in the state but is specifically limited to those for which the appropriate division as determined by the Director of the Department of Human Services has specific complaints. (3) These complaints shall be forwarded to the department along with the request for information from the deputy director. (4) Information received by the deputy director in the manner prescribed in this subsection shall not be disclosed. Acts 1961, No. 414, § 23; 1965, No. 434, § 2; A.S.A. 1947, § 82-349; Acts 1999, No. 1539, § 2; 2001, No. 1774, § 2.

(a) Except in a proceeding involving the question of licensing or revocation of a license or as permitted in § 20-10-210(b) , information received by the Department of Human Services, through inspection or otherwise, authorized under §§ 20-10-213 - 20-10-228 , shall not be disclosed publicly in such a manner as to identify long-term care facility residents, their families, or persons filing complaints.

(b) (1) However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Director of the Department of Human Services for information concerning a certain long-term care facility, information obtained during recent inspections of the facility may be supplied in writing to the deputy director. (2) This exception applies only to facilities providing care for recipients of public welfare and is not to be construed as permitting the exchange of such information on all homes in the state but is specifically limited to those for which the appropriate division as determined by the Director of the Department of Human Services has specific complaints. (3) These complaints shall be forwarded to the department along with the request for information from the deputy director. (4) Information received by the deputy director in the manner prescribed in this subsection shall not be disclosed.

(1) However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Director of the Department of Human Services for information concerning a certain long-term care facility, information obtained during recent inspections of the facility may be supplied in writing to the deputy director.

(2) This exception applies only to facilities providing care for recipients of public welfare and is not to be construed as permitting the exchange of such information on all homes in the state but is specifically limited to those for which the appropriate division as determined by the Director of the Department of Human Services has specific complaints.

(3) These complaints shall be forwarded to the department along with the request for information from the deputy director.

(4) Information received by the deputy director in the manner prescribed in this subsection shall not be disclosed.

Acts 1961, No. 414, § 23; 1965, No. 434, § 2; A.S.A. 1947, § 82-349; Acts 1999, No. 1539, § 2; 2001, No. 1774, § 2.
Ark. Code Ann. § 20-13-812 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-812
Grants for Level III trauma centers
Status: in_force

(a) (1) An entity that meets the preliminary criteria for a Level III trauma center under the rules of the State Board of Health may be eligible for the Level III trauma center start-up grant that is used to qualify for the status of a Level III trauma center and for trauma readiness costs associated with the care of trauma patients. (2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level III trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level III trauma center status within twelve (12) months. (b) (1) An established Level III trauma center may be eligible for a sustaining grant if the Level III trauma center: (A) Has achieved Level III trauma center status and is currently at Level III status; and (B) Demonstrates continued capability to maintain Level III trauma center status. (2) This grant may be an annual grant and may have an annual renewal process for Level III trauma centers that meet the criteria under this subsection. Acts 2009, No. 393, § 1.

(a) (1) An entity that meets the preliminary criteria for a Level III trauma center under the rules of the State Board of Health may be eligible for the Level III trauma center start-up grant that is used to qualify for the status of a Level III trauma center and for trauma readiness costs associated with the care of trauma patients. (2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level III trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level III trauma center status within twelve (12) months.

(1) An entity that meets the preliminary criteria for a Level III trauma center under the rules of the State Board of Health may be eligible for the Level III trauma center start-up grant that is used to qualify for the status of a Level III trauma center and for trauma readiness costs associated with the care of trauma patients.

(2) This grant may be awarded to entities that: (A) Meet the preliminary criteria for Level III trauma center status as determined by the Department of Health; and (B) Demonstrate the capability of fully achieving Level III trauma center status within twelve (12) months.

(A) Meet the preliminary criteria for Level III trauma center status as determined by the Department of Health; and

(B) Demonstrate the capability of fully achieving Level III trauma center status within twelve (12) months.

(b) (1) An established Level III trauma center may be eligible for a sustaining grant if the Level III trauma center: (A) Has achieved Level III trauma center status and is currently at Level III status; and (B) Demonstrates continued capability to maintain Level III trauma center status. (2) This grant may be an annual grant and may have an annual renewal process for Level III trauma centers that meet the criteria under this subsection.

(1) An established Level III trauma center may be eligible for a sustaining grant if the Level III trauma center: (A) Has achieved Level III trauma center status and is currently at Level III status; and (B) Demonstrates continued capability to maintain Level III trauma center status.

(A) Has achieved Level III trauma center status and is currently at Level III status; and

(B) Demonstrates continued capability to maintain Level III trauma center status.

(2) This grant may be an annual grant and may have an annual renewal process for Level III trauma centers that meet the criteria under this subsection.

Acts 2009, No. 393, § 1.
Ark. Code Ann. § 20-14-701 — AR Code / Title 20 / Chapter 14 / Subchapter 7 / Section 20-14-701
Legislative intent
Status: in_force

It is the intent of the General Assembly to ensure that the notification of all persons with a disability resulting from a traumatic head injury be made to the Department of Health by appropriate individuals or public and private agencies in order that all persons might obtain the appropriate total rehabilitative services rendered by existing state agencies, departments, and other organizations and individuals. Amended by Act 2023, No. 355,§ 1, eff. 8/1/2023. Acts 1989, No. 491, § 1.

It is the intent of the General Assembly to ensure that the notification of all persons with a disability resulting from a traumatic head injury be made to the Department of Health by appropriate individuals or public and private agencies in order that all persons might obtain the appropriate total rehabilitative services rendered by existing state agencies, departments, and other organizations and individuals.

Amended by Act 2023, No. 355,§ 1, eff. 8/1/2023.

Acts 1989, No. 491, § 1.
Ark. Code Ann. § 20-16-206 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-206
Authority to contract for information
Status: in_force

(a) The Arkansas Reproductive Health Monitoring System is expressly authorized to contract for the production of any information which the Medical Director of the Arkansas Reproductive Health Monitoring System determines to be relevant to monitoring reproductive health. (b) Information shared under this section includes, but is not limited to, information identified by name or other personal identifier, including information concerning any system by which such data or information is identified or classified if required to decipher the information. Amended by Act 2015, No. 1062,§ 4, eff. 7/22/2015. Acts 1985, No. 214, § 6; A.S.A. 1947, § 82-4613.

(a) The Arkansas Reproductive Health Monitoring System is expressly authorized to contract for the production of any information which the Medical Director of the Arkansas Reproductive Health Monitoring System determines to be relevant to monitoring reproductive health.

(b) Information shared under this section includes, but is not limited to, information identified by name or other personal identifier, including information concerning any system by which such data or information is identified or classified if required to decipher the information.

Amended by Act 2015, No. 1062,§ 4, eff. 7/22/2015.

Acts 1985, No. 214, § 6; A.S.A. 1947, § 82-4613.
Ark. Code Ann. § 20-7-205 — AR Code / Title 20 / Chapter 7 / Subchapter 2 / Section 20-7-205
Rules - Application for grants
Status: in_force

(a) (1) The State Board of Health may develop and implement rules to receive, review, and approve applications for grants for new construction, renovation, or expansion of local health unit facilities from counties or cities. (2) The board may adopt such rules as may be necessary to provide for the distribution of such funds for the renovation, construction, improvement, and development of the State Health Building. (b) Except as provided in subsection (c) of this section, any grant approved by the board to a county or city for the development of a local public health facility project shall require ten percent (10%) local matching funds from the city or county applicant. The matching funds may be in the form of either cash or an in-kind match, to be determined by the board. The value of existing buildings and property shall not qualify for local matching funds under this section. (c) The board may also establish by rule a special program to address renovation of local health units due to special requirements of the Department of Health. The programs shall provide for grants of up to ten thousand dollars ($10,000). The local match may be waived for the special grants. (d) (1) Application for grants under this subchapter shall be made in accordance with the rules of the board, and each application shall be considered on a needs-assessment basis. (2) In addition, the applicant city or county shall furnish proof of the following with each grant application: (A) Local community involvement in the project; (B) Existence of resources to expand existing facilities, including availability of land; (C) A design of the proposed project; and (D) Evidence of need, including factors such as population growth, additional services to be offered, and increased workload. Amended by Act 2019, No. 315,§ 1817, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1816, eff. 7/24/2019. Acts 1989, No. 749, § 1.

(a) (1) The State Board of Health may develop and implement rules to receive, review, and approve applications for grants for new construction, renovation, or expansion of local health unit facilities from counties or cities. (2) The board may adopt such rules as may be necessary to provide for the distribution of such funds for the renovation, construction, improvement, and development of the State Health Building.

(1) The State Board of Health may develop and implement rules to receive, review, and approve applications for grants for new construction, renovation, or expansion of local health unit facilities from counties or cities.

(2) The board may adopt such rules as may be necessary to provide for the distribution of such funds for the renovation, construction, improvement, and development of the State Health Building.

(b) Except as provided in subsection (c) of this section, any grant approved by the board to a county or city for the development of a local public health facility project shall require ten percent (10%) local matching funds from the city or county applicant. The matching funds may be in the form of either cash or an in-kind match, to be determined by the board. The value of existing buildings and property shall not qualify for local matching funds under this section.

(c) The board may also establish by rule a special program to address renovation of local health units due to special requirements of the Department of Health. The programs shall provide for grants of up to ten thousand dollars ($10,000). The local match may be waived for the special grants.

(d) (1) Application for grants under this subchapter shall be made in accordance with the rules of the board, and each application shall be considered on a needs-assessment basis. (2) In addition, the applicant city or county shall furnish proof of the following with each grant application: (A) Local community involvement in the project; (B) Existence of resources to expand existing facilities, including availability of land; (C) A design of the proposed project; and (D) Evidence of need, including factors such as population growth, additional services to be offered, and increased workload.

(1) Application for grants under this subchapter shall be made in accordance with the rules of the board, and each application shall be considered on a needs-assessment basis.

(2) In addition, the applicant city or county shall furnish proof of the following with each grant application: (A) Local community involvement in the project; (B) Existence of resources to expand existing facilities, including availability of land; (C) A design of the proposed project; and (D) Evidence of need, including factors such as population growth, additional services to be offered, and increased workload.

(A) Local community involvement in the project;

(B) Existence of resources to expand existing facilities, including availability of land;

(C) A design of the proposed project; and

(D) Evidence of need, including factors such as population growth, additional services to be offered, and increased workload.

Amended by Act 2019, No. 315,§ 1817, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1816, eff. 7/24/2019.

Acts 1989, No. 749, § 1.
Ark. Code Ann. § 20-77-706 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-706
Waiver of physician-patient privilege - Examinations and reports
Status: in_force

(a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the claimant. (b) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the cotrustees of the Special Needs Trust Revolving Fund may order the claimant to submit to a mental or physical examination. The order shall specify the time, place, manner, conditions, and scope of the examination and the person by whom it is to be made. The order shall also require the person to file a detailed written report of the examination with the cotrustees. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions. (c) The cotrustees shall furnish to the beneficiary a copy of any reports examined. (d) The cotrustees may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed. Acts 1993, No. 1228, § 1.

(a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the claimant.

(b) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the cotrustees of the Special Needs Trust Revolving Fund may order the claimant to submit to a mental or physical examination. The order shall specify the time, place, manner, conditions, and scope of the examination and the person by whom it is to be made. The order shall also require the person to file a detailed written report of the examination with the cotrustees. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.

(c) The cotrustees shall furnish to the beneficiary a copy of any reports examined.

(d) The cotrustees may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-15-1104 — AR Code / Title 20 / Chapter 15 / Subchapter 11 / Section 20-15-1104
Screening of newborns
Status: in_force

(a) (1) All hospitals, birthing centers, and lay midwives shall complete a hearing impairment at-risk questionnaire for each newborn infant before discharge or, in the case of a lay midwife, within seventy-two (72) hours of the birth of the infant. (2) All hearing impairment at-risk questionnaires shall be completed by a designee of the hospital or birthing center or by the midwife. (3) However, no infant shall be screened for hearing impairment whose parent presents a written statement that he or she objects to the screening of his or her child. (b) The hospital, birthing center, or lay midwife shall forward to the Department of Health a copy of all completed questionnaires. (c) The hospital, birthing center, or lay midwife shall provide the parents or guardians of all newborn infants with written materials provided by the department concerning hearing impairment. Acts 1993, No. 1096, § 4; 1995, No. 1296, § 78.

(a) (1) All hospitals, birthing centers, and lay midwives shall complete a hearing impairment at-risk questionnaire for each newborn infant before discharge or, in the case of a lay midwife, within seventy-two (72) hours of the birth of the infant. (2) All hearing impairment at-risk questionnaires shall be completed by a designee of the hospital or birthing center or by the midwife. (3) However, no infant shall be screened for hearing impairment whose parent presents a written statement that he or she objects to the screening of his or her child.

(1) All hospitals, birthing centers, and lay midwives shall complete a hearing impairment at-risk questionnaire for each newborn infant before discharge or, in the case of a lay midwife, within seventy-two (72) hours of the birth of the infant.

(2) All hearing impairment at-risk questionnaires shall be completed by a designee of the hospital or birthing center or by the midwife.

(3) However, no infant shall be screened for hearing impairment whose parent presents a written statement that he or she objects to the screening of his or her child.

(b) The hospital, birthing center, or lay midwife shall forward to the Department of Health a copy of all completed questionnaires.

(c) The hospital, birthing center, or lay midwife shall provide the parents or guardians of all newborn infants with written materials provided by the department concerning hearing impairment.

Acts 1993, No. 1096, § 4; 1995, No. 1296, § 78.
Ark. Code Ann. § 20-77-702 — AR Code / Title 20 / Chapter 77 / Subchapter 7 / Section 20-77-702
Definitions
Status: in_force

As used in this subchapter: (1) "Allowable expense" means charges incurred for needed products, services, and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational training, and other remedial treatment and care; (2) "Beneficiary" means a natural person who has sustained injury, is wholly or partially disabled or suffers from medical conditions, and is dependent for care or support; (3) "Claimant" means any of the following persons applying for reparations under this subchapter: (A) A beneficiary; (B) A dependent of a beneficiary; and (C) A person authorized to act on behalf of any of the persons enumerated in subdivisions (3)(A) and (B) of this section; (4) "Collateral source" means a source of benefits or advantages for economic loss for which the claimant would otherwise be eligible to receive under this subchapter which the claimant has received, or which is readily available to the claimant, from any one (1) or more of the following: (A) State required temporary nonoccupational disability insurance; (B) Workers' compensation; (C) Wage continuation programs of any employer; (D) Proceeds of a contract of insurance payable to the claimant for loss which the beneficiary sustained; or (E) A contract providing services or benefits for disability; (5) "Contributing beneficiary" means a beneficiary who has contributed funds to the Special Needs Trust Revolving Fund; (6) "Cotrustees of the Special Needs Trust Revolving Fund" shall mean: (A) The Department of Human Services; and (B) A federally insured bank, savings bank, or safe deposit or trust company authorized by law to do business as such, which shall be selected by the department. The department shall have the authority to choose a new cotrustee under this subdivision (6) at its discretion; (7) "Economic loss" means monetary detriment consisting only of allowable expense and replacement services loss; (8) "Grantor" means the individual, institution, or entity that established, created, or funded the trust and shall also include fiduciaries as defined by § 28-69-201 and third parties as contemplated by § 20-77-301 et seq.; (9) "Noneconomic detriment" means inconvenience, physical impairment, and nonpecuniary damage; (10) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services; and (11) "Trust" means a trust, or similar legal device, established other than by will by an individual or an individual's spouse under which the individual may be a beneficiary of all or part of the payments from the trust, and the distribution of such payments is determined by one (1) or more trustees or other fiduciaries who are permitted to exercise any discretion with respect to the distribution to the individual. The term "trust" shall include trusts, conservatorships, and estates created pursuant to the administration of a guardianship. Acts 1993, No. 1228, § 1.

As used in this subchapter:

(1) "Allowable expense" means charges incurred for needed products, services, and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational training, and other remedial treatment and care;

(2) "Beneficiary" means a natural person who has sustained injury, is wholly or partially disabled or suffers from medical conditions, and is dependent for care or support;

(3) "Claimant" means any of the following persons applying for reparations under this subchapter: (A) A beneficiary; (B) A dependent of a beneficiary; and (C) A person authorized to act on behalf of any of the persons enumerated in subdivisions (3)(A) and (B) of this section;

(A) A beneficiary;

(B) A dependent of a beneficiary; and

(C) A person authorized to act on behalf of any of the persons enumerated in subdivisions (3)(A) and (B) of this section;

(4) "Collateral source" means a source of benefits or advantages for economic loss for which the claimant would otherwise be eligible to receive under this subchapter which the claimant has received, or which is readily available to the claimant, from any one (1) or more of the following: (A) State required temporary nonoccupational disability insurance; (B) Workers' compensation; (C) Wage continuation programs of any employer; (D) Proceeds of a contract of insurance payable to the claimant for loss which the beneficiary sustained; or (E) A contract providing services or benefits for disability;

(A) State required temporary nonoccupational disability insurance;

(B) Workers' compensation;

(C) Wage continuation programs of any employer;

(D) Proceeds of a contract of insurance payable to the claimant for loss which the beneficiary sustained; or

(E) A contract providing services or benefits for disability;

(5) "Contributing beneficiary" means a beneficiary who has contributed funds to the Special Needs Trust Revolving Fund;

(6) "Cotrustees of the Special Needs Trust Revolving Fund" shall mean: (A) The Department of Human Services; and (B) A federally insured bank, savings bank, or safe deposit or trust company authorized by law to do business as such, which shall be selected by the department. The department shall have the authority to choose a new cotrustee under this subdivision (6) at its discretion;

(A) The Department of Human Services; and

(B) A federally insured bank, savings bank, or safe deposit or trust company authorized by law to do business as such, which shall be selected by the department. The department shall have the authority to choose a new cotrustee under this subdivision (6) at its discretion;

(7) "Economic loss" means monetary detriment consisting only of allowable expense and replacement services loss;

(8) "Grantor" means the individual, institution, or entity that established, created, or funded the trust and shall also include fiduciaries as defined by § 28-69-201 and third parties as contemplated by § 20-77-301 et seq.;

(9) "Noneconomic detriment" means inconvenience, physical impairment, and nonpecuniary damage;

(10) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services; and

(11) "Trust" means a trust, or similar legal device, established other than by will by an individual or an individual's spouse under which the individual may be a beneficiary of all or part of the payments from the trust, and the distribution of such payments is determined by one (1) or more trustees or other fiduciaries who are permitted to exercise any discretion with respect to the distribution to the individual. The term "trust" shall include trusts, conservatorships, and estates created pursuant to the administration of a guardianship.

Acts 1993, No. 1228, § 1.
Ark. Code Ann. § 20-27-2504 — AR Code / Title 20 / Chapter 27 / Subchapter 25 / Section 20-27-2504
Criminal, civil, and administrative penalties
Status: in_force

(a) (1) A firm, person, or corporation that violates this subchapter or an order or rule adopted under this subchapter commits a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both. (2) Each day of violation under subdivision (a)(1) of this section is a separate offense. (b) (1) (A) (i) A firm, person, or corporation that violates a rule adopted by the State Board of Health or who violates a condition of a license, permit, certificate, or another type of registration issued by the board may be assessed a civil penalty by the board. (ii) A penalty assessed under subdivision (b)(1)(A)(i) of this section shall not exceed five thousand dollars ($5,000) for each violation. (iii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments under this subdivision (b)(1)(A). (B) However, a civil penalty shall not be assessed until the person charged with the violation has been given an opportunity for a hearing on the violation. (2) A civil penalty collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this subchapter. (3) Subject to rules implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may require unexpended funds from civil penalties collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for the following fiscal year. Amended by Act 2013, No. 974,§ 1, eff. 8/16/2013. Acts 2011, No. 1011, § 6.

(a) (1) A firm, person, or corporation that violates this subchapter or an order or rule adopted under this subchapter commits a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both. (2) Each day of violation under subdivision (a)(1) of this section is a separate offense.

(1) A firm, person, or corporation that violates this subchapter or an order or rule adopted under this subchapter commits a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both.

(2) Each day of violation under subdivision (a)(1) of this section is a separate offense.

(b) (1) (A) (i) A firm, person, or corporation that violates a rule adopted by the State Board of Health or who violates a condition of a license, permit, certificate, or another type of registration issued by the board may be assessed a civil penalty by the board. (ii) A penalty assessed under subdivision (b)(1)(A)(i) of this section shall not exceed five thousand dollars ($5,000) for each violation. (iii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments under this subdivision (b)(1)(A). (B) However, a civil penalty shall not be assessed until the person charged with the violation has been given an opportunity for a hearing on the violation. (2) A civil penalty collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this subchapter. (3) Subject to rules implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may require unexpended funds from civil penalties collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for the following fiscal year.

(1) (A) (i) A firm, person, or corporation that violates a rule adopted by the State Board of Health or who violates a condition of a license, permit, certificate, or another type of registration issued by the board may be assessed a civil penalty by the board. (ii) A penalty assessed under subdivision (b)(1)(A)(i) of this section shall not exceed five thousand dollars ($5,000) for each violation. (iii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments under this subdivision (b)(1)(A). (B) However, a civil penalty shall not be assessed until the person charged with the violation has been given an opportunity for a hearing on the violation.

(A) (i) A firm, person, or corporation that violates a rule adopted by the State Board of Health or who violates a condition of a license, permit, certificate, or another type of registration issued by the board may be assessed a civil penalty by the board. (ii) A penalty assessed under subdivision (b)(1)(A)(i) of this section shall not exceed five thousand dollars ($5,000) for each violation. (iii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments under this subdivision (b)(1)(A).

(i) A firm, person, or corporation that violates a rule adopted by the State Board of Health or who violates a condition of a license, permit, certificate, or another type of registration issued by the board may be assessed a civil penalty by the board.

(ii) A penalty assessed under subdivision (b)(1)(A)(i) of this section shall not exceed five thousand dollars ($5,000) for each violation.

(iii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments under this subdivision (b)(1)(A).

(B) However, a civil penalty shall not be assessed until the person charged with the violation has been given an opportunity for a hearing on the violation.

(2) A civil penalty collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this subchapter.

(3) Subject to rules implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may require unexpended funds from civil penalties collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for the following fiscal year.

Amended by Act 2013, No. 974,§ 1, eff. 8/16/2013.

Acts 2011, No. 1011, § 6.
Ark. Code Ann. § 20-76-509 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-509
[Repealed]
Status: repealed

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

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

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-13-404 — AR Code / Title 20 / Chapter 13 / Subchapter 4 / Section 20-13-404
Eligibility for certificate
Status: in_force

A person may receive a certificate under this subchapter only if the person: (1) Is eighteen (18) years of age or older; (2) Has, or reasonably expects to have, regular contact with at least one (1) other person as a result of the person's relationship or occupational or volunteer status, including without limitation: (A) A parent; (B) A camp counselor; (C) A scout leader; (D) A school nurse, school teacher, or other school employee; (E) A forest ranger; (F) A tour guide; (G) A chaperone; or (H) An authorized entity; and (3) (A) Has been properly instructed by a physician or has completed an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other person approved by the Department of Health. (B) The instruction shall include recognition of the symptoms of systemic reactions to insect stings and other allergic reactions and the proper administration of an injection of epinephrine. Amended by Act 2015, No. 1108,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1437,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 757,§ 2, eff. 8/16/2013. Acts 1983, No. 436, §§ 4, 5; A.S.A. 1947, §§ 82-4504, 82-4505; Acts 2009, No. 684, § 2.

A person may receive a certificate under this subchapter only if the person:

(1) Is eighteen (18) years of age or older;

(2) Has, or reasonably expects to have, regular contact with at least one (1) other person as a result of the person's relationship or occupational or volunteer status, including without limitation: (A) A parent; (B) A camp counselor; (C) A scout leader; (D) A school nurse, school teacher, or other school employee; (E) A forest ranger; (F) A tour guide; (G) A chaperone; or (H) An authorized entity; and

(A) A parent;

(B) A camp counselor;

(C) A scout leader;

(D) A school nurse, school teacher, or other school employee;

(E) A forest ranger;

(F) A tour guide;

(G) A chaperone; or

(H) An authorized entity; and

(3) (A) Has been properly instructed by a physician or has completed an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other person approved by the Department of Health. (B) The instruction shall include recognition of the symptoms of systemic reactions to insect stings and other allergic reactions and the proper administration of an injection of epinephrine.

(A) Has been properly instructed by a physician or has completed an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other person approved by the Department of Health.

(B) The instruction shall include recognition of the symptoms of systemic reactions to insect stings and other allergic reactions and the proper administration of an injection of epinephrine.

Amended by Act 2015, No. 1108,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1437,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 757,§ 2, eff. 8/16/2013.

Acts 1983, No. 436, §§ 4, 5; A.S.A. 1947, §§ 82-4504, 82-4505; Acts 2009, No. 684, § 2.
Ark. Code Ann. § 20-7-126 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-126
Payment of overtime for home health employees
Status: in_force

(a) The Department of Health may make overtime payments to employees engaged in the performance of home health activities. (b) The payments are to be in addition to compensation otherwise due the employees at the same rate currently paid to the employees for regular time, but on an hourly basis. Acts 1989 (1st Ex. Sess.), No. 991, § 33.

(a) The Department of Health may make overtime payments to employees engaged in the performance of home health activities.

(b) The payments are to be in addition to compensation otherwise due the employees at the same rate currently paid to the employees for regular time, but on an hourly basis.

Acts 1989 (1st Ex. Sess.), No. 991, § 33.
Ark. Code Ann. § 20-15-2003 — AR Code / Title 20 / Chapter 15 / Subchapter 20 / Section 20-15-2003
Applicability
Status: in_force

The requirements of this subchapter are limited to the diabetes information, data, initiatives, and programs within each agency before July 22, 2015, unless there is available funding for diabetes in each agency that may be used for new research, data collection, reporting, or other requirements of this subchapter. Added by Act 2015, No. 167,§ 1, eff. 7/22/2015.

The requirements of this subchapter are limited to the diabetes information, data, initiatives, and programs within each agency before July 22, 2015, unless there is available funding for diabetes in each agency that may be used for new research, data collection, reporting, or other requirements of this subchapter.

Added by Act 2015, No. 167,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-13-908 — AR Code / Title 20 / Chapter 13 / Subchapter 9 / Section 20-13-908
Penalties
Status: in_force

(a) A physician who willfully fails to transfer a patient in accordance with § 20-13-904 is guilty of a Class A misdemeanor. (b) A person who purposely conceals, cancels, defaces, or obliterates the Do Not Resuscitate Identification of another without the consent of the possessor or who falsifies or forges a revocation of the Do Not Resuscitate Identification of another is guilty of a Class A misdemeanor. (c) A person who falsifies or forges the Do Not Resuscitate Identification of another or purposely conceals or withholds personal knowledge of a revocation of Do Not Resuscitate Identification with the intent to cause the use, withholding, or withdrawal of life-sustaining procedures is guilty of a Class D felony. Acts 1993, No. 1101, § 8.

(a) A physician who willfully fails to transfer a patient in accordance with § 20-13-904 is guilty of a Class A misdemeanor.

(b) A person who purposely conceals, cancels, defaces, or obliterates the Do Not Resuscitate Identification of another without the consent of the possessor or who falsifies or forges a revocation of the Do Not Resuscitate Identification of another is guilty of a Class A misdemeanor.

(c) A person who falsifies or forges the Do Not Resuscitate Identification of another or purposely conceals or withholds personal knowledge of a revocation of Do Not Resuscitate Identification with the intent to cause the use, withholding, or withdrawal of life-sustaining procedures is guilty of a Class D felony.

Acts 1993, No. 1101, § 8.
Ark. Code Ann. § 20-27-1201 — AR Code / Title 20 / Chapter 27 / Subchapter 12 / Section 20-27-1201
Sewage disposal plans - Fees - Definitions
Status: in_force

(a) As used in this section: (1) [Repealed.] (2) "Mobile home" means a transportable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal, and electrical conveniences as immobile housing; and (3) "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory-equipped for the road, it shall have a body width not exceeding eight feet (8') and a length not exceeding thirty-two feet (32'). (b) When a mobile home park or travel trailer park is hereafter constructed utilizing a noncentralized method of sewage disposal, properly prepared plans and specifications for the construction shall be submitted to the Division of Environmental Health Protection of the Department of Health for approval before any work is begun. (c) The plan review fee shall be as follows: (1) Two (2) - twenty-five (25) spaces ............... $25.00 (2) Twenty-six (26) - fifty (50) spaces ............... 50.00 (3) Fifty-one (51) - seventy-five (75) spaces ............... 75.00 (4) Seventy-six (76) or more spaces ............... 100.00 (d) All fees collected under this section are special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund to be used exclusively for the operation of the department. (e) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds received from the collection of plan review fees, as certified by the Chief Fiscal Officer of the State, which shall be carried forward and made available for expenditure for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 2106, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 46, eff. 7/24/2019. Acts 1991, No. 36, §§ 1-3.

(a) As used in this section: (1) [Repealed.] (2) "Mobile home" means a transportable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal, and electrical conveniences as immobile housing; and (3) "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory-equipped for the road, it shall have a body width not exceeding eight feet (8') and a length not exceeding thirty-two feet (32').

(1) [Repealed.]

(2) "Mobile home" means a transportable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal, and electrical conveniences as immobile housing; and

(3) "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory-equipped for the road, it shall have a body width not exceeding eight feet (8') and a length not exceeding thirty-two feet (32').

(b) When a mobile home park or travel trailer park is hereafter constructed utilizing a noncentralized method of sewage disposal, properly prepared plans and specifications for the construction shall be submitted to the Division of Environmental Health Protection of the Department of Health for approval before any work is begun.

(c) The plan review fee shall be as follows: (1) Two (2) - twenty-five (25) spaces ............... $25.00 (2) Twenty-six (26) - fifty (50) spaces ............... 50.00 (3) Fifty-one (51) - seventy-five (75) spaces ............... 75.00 (4) Seventy-six (76) or more spaces ............... 100.00

(1) Two (2) - twenty-five (25) spaces ............... $25.00

(2) Twenty-six (26) - fifty (50) spaces ............... 50.00

(3) Fifty-one (51) - seventy-five (75) spaces ............... 75.00

(4) Seventy-six (76) or more spaces ............... 100.00

(d) All fees collected under this section are special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund to be used exclusively for the operation of the department.

(e) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds received from the collection of plan review fees, as certified by the Chief Fiscal Officer of the State, which shall be carried forward and made available for expenditure for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 2106, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 46, eff. 7/24/2019.

Acts 1991, No. 36, §§ 1-3.
Ark. Code Ann. § 20-16-1305 — AR Code / Title 20 / Chapter 16 / Subchapter 13 / Section 20-16-1305
Exemptions - Medical personnel
Status: in_force

(a) A person does not violate this subchapter if the person: (1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman; (2) (A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and (B) The examination does not reveal a heartbeat; or (3) Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat. (b) This subchapter does not apply to: (1) An abortion performed to save the life of the mother; (2) (A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or (3) A medical emergency. Amended by Act 2021, No. 787,§ 4, eff. 7/28/2021. Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.

(a) A person does not violate this subchapter if the person: (1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman; (2) (A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and (B) The examination does not reveal a heartbeat; or (3) Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat.

(1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman;

(2) (A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and (B) The examination does not reveal a heartbeat; or

(A) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and

(B) The examination does not reveal a heartbeat; or

(3) Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat.

(b) This subchapter does not apply to: (1) An abortion performed to save the life of the mother; (2) (A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or (3) A medical emergency.

(1) An abortion performed to save the life of the mother;

(2) (A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement. (B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or

(A) A pregnancy that results from rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement.

(B) The physician or abortion facility shall: (i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (ii) Report to the Department of Health the number of abortions performed because of rape or incest; or

(i) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and

(ii) Report to the Department of Health the number of abortions performed because of rape or incest; or

(3) A medical emergency.

Amended by Act 2021, No. 787,§ 4, eff. 7/28/2021.

Added by Act 2013, No. 301,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-29-101 — AR Code / Title 20 / Chapter 29 / Section 20-29-101
Title
Status: in_force

This chapter shall be known as the "Arkansas Manufactured Home Recovery Act". Acts 1987, No. 346, § 1.

This chapter shall be known as the "Arkansas Manufactured Home Recovery Act".

Acts 1987, No. 346, § 1.
Ark. Code Ann. § 20-13-1801 — AR Code / Title 20 / Chapter 13 / Subchapter 18 / Section 20-13-1801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Naloxone Access Act". Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Naloxone Access Act".

Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-17-1002 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1002
Definitions
Status: in_force

As used in this subchapter: (1) "Care and maintenance" means the continual maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery; (2) (A) "Cemetery" means any land or a structure in this state dedicated to and used or intended to be used for interment of human remains. (B) "Cemetery" includes a burial park for earth interments, a mausoleum for vault or crypt interments, or a combination of one (1) or more burial parks or mausoleums; (3) "Cemetery company" means an individual, partnership, corporation, limited liability company, or association, now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery or making an application with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to own or control the lands or conduct the business; (4) "Columbarium" means a structure or room or space in a building or structure used or intended to be used for the interment of cremated human remains; (5) "Crypt" means a chamber of sufficient size to inter the remains of a deceased person; (6) "Infant interment garden" means a designated area in a perpetual care cemetery for the interments of infants and children no more than twenty-four (24) months of age; (7) "Interment" means the lawful disposition of the remains of a deceased person as provided by law; (8) "Lawn crypt" means an interment space sometimes referred to as a "belowground crypt", "westminister", or "turf top crypt" in a preplaced chamber or burial vault either side-by-side or at multiple depths, covered by earth and sod; (9) "Lot or grave space" means a space of ground in a cemetery used or intended to be used for interment therein; (10) "Mausoleum" means a community-type structure or room or space in a building or structure used or intended to be used for the interment of human remains in crypts or niches; (11) "Niche" means a space in a columbarium that is used or intended to be used for the interment of the cremated remains of one (1) or more deceased persons; (12) "Permit holder" means a cemetery company that holds a permit issued by the board to own or operate a perpetual care cemetery; (13) "Perpetual care cemetery" means a cemetery for the benefit of which a permanent maintenance fund has been established in accordance with this subchapter; and (14) "Properly maintained" means, with regard to a perpetual care cemetery, provided care and maintenance services, including without limitation: (A) Mowing the grass of the perpetual care cemetery; (B) Weed trimming around lots or grave space and fences or property lines of the perpetual care cemetery; (C) Emptying trash receptacles located at the perpetual care cemetery; and (D) Removing excess dirt, tree limbs, leaves, trash, and other debris from the grounds of the perpetual care cemetery. Amended by Act 2021, No. 731,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 731,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 31, eff. 7/1/2018. Acts 1977, No. 352, § 2; A.S.A. 1947, § 82-426.2; Acts 1997, No. 295, § 1; 2001, No. 1242, § 1; 2007, No. 827, § 163; 2009, No. 714, § 1; 2009, No. 715, §§ 1, 2: 2011, No. 590, § 1.

As used in this subchapter:

(1) "Care and maintenance" means the continual maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery;

(2) (A) "Cemetery" means any land or a structure in this state dedicated to and used or intended to be used for interment of human remains. (B) "Cemetery" includes a burial park for earth interments, a mausoleum for vault or crypt interments, or a combination of one (1) or more burial parks or mausoleums;

(A) "Cemetery" means any land or a structure in this state dedicated to and used or intended to be used for interment of human remains.

(B) "Cemetery" includes a burial park for earth interments, a mausoleum for vault or crypt interments, or a combination of one (1) or more burial parks or mausoleums;

(3) "Cemetery company" means an individual, partnership, corporation, limited liability company, or association, now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery or making an application with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to own or control the lands or conduct the business;

(4) "Columbarium" means a structure or room or space in a building or structure used or intended to be used for the interment of cremated human remains;

(5) "Crypt" means a chamber of sufficient size to inter the remains of a deceased person;

(6) "Infant interment garden" means a designated area in a perpetual care cemetery for the interments of infants and children no more than twenty-four (24) months of age;

(7) "Interment" means the lawful disposition of the remains of a deceased person as provided by law;

(8) "Lawn crypt" means an interment space sometimes referred to as a "belowground crypt", "westminister", or "turf top crypt" in a preplaced chamber or burial vault either side-by-side or at multiple depths, covered by earth and sod;

(9) "Lot or grave space" means a space of ground in a cemetery used or intended to be used for interment therein;

(10) "Mausoleum" means a community-type structure or room or space in a building or structure used or intended to be used for the interment of human remains in crypts or niches;

(11) "Niche" means a space in a columbarium that is used or intended to be used for the interment of the cremated remains of one (1) or more deceased persons;

(12) "Permit holder" means a cemetery company that holds a permit issued by the board to own or operate a perpetual care cemetery;

(13) "Perpetual care cemetery" means a cemetery for the benefit of which a permanent maintenance fund has been established in accordance with this subchapter; and

(14) "Properly maintained" means, with regard to a perpetual care cemetery, provided care and maintenance services, including without limitation: (A) Mowing the grass of the perpetual care cemetery; (B) Weed trimming around lots or grave space and fences or property lines of the perpetual care cemetery; (C) Emptying trash receptacles located at the perpetual care cemetery; and (D) Removing excess dirt, tree limbs, leaves, trash, and other debris from the grounds of the perpetual care cemetery.

(A) Mowing the grass of the perpetual care cemetery;

(B) Weed trimming around lots or grave space and fences or property lines of the perpetual care cemetery;

(C) Emptying trash receptacles located at the perpetual care cemetery; and

(D) Removing excess dirt, tree limbs, leaves, trash, and other debris from the grounds of the perpetual care cemetery.

Amended by Act 2021, No. 731,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 731,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 31, eff. 7/1/2018.

Acts 1977, No. 352, § 2; A.S.A. 1947, § 82-426.2; Acts 1997, No. 295, § 1; 2001, No. 1242, § 1; 2007, No. 827, § 163; 2009, No. 714, § 1; 2009, No. 715, §§ 1, 2: 2011, No. 590, § 1.
Ark. Code Ann. § 20-20-224 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-224
Information and instruction
Status: in_force

In cooperation with the University of Arkansas or other educational institutions, the State Plant Board may publish information and conduct short courses of instruction in the areas of knowledge required by this subchapter or the rules adopted pursuant to this subchapter. Amended by Act 2019, No. 315,§ 1999, eff. 7/24/2019. Acts 1975, No. 389, § 24; A.S.A. 1947, § 77-274.

In cooperation with the University of Arkansas or other educational institutions, the State Plant Board may publish information and conduct short courses of instruction in the areas of knowledge required by this subchapter or the rules adopted pursuant to this subchapter.

Amended by Act 2019, No. 315,§ 1999, eff. 7/24/2019.

Acts 1975, No. 389, § 24; A.S.A. 1947, § 77-274.
Ark. Code Ann. § 20-48-1002 — AR Code / Title 20 / Chapter 48 / Subchapter 10 / Section 20-48-1002
Provider fee
Status: in_force

(a) (1) There is imposed a provider fee on services provided through, or identical to those provided under, the Community and Employment Support Waiver Program to be calculated in accordance with this section. (2) The provider fee shall be an amount calculated by the Division of Medical Services to produce a provider fee payment equal to six percent (6%) of the gross receipts received by each provider. (b) (1) (A) The provider fee shall be payable in monthly payments. (B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month. (2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee as an allowable cost for Medicaid reimbursement purposes. (c) A provider of services under the Community and Employment Support Waiver Program shall not be guaranteed, expressly or otherwise, that any additional moneys paid to the provider for services under the Community and Employment Support Waiver Program will equal or exceed the amount of its provider fee. (d) (1) The division shall ensure that the rate of imposition of the provider fee established in this section equals, but does not exceed, the maximum rate of imposition established under federal law and rule for healthcare-related provider fees without reduction in federal financial participation in Medicaid. (2) If the division determines that the rate of imposition of the provider fee established in this section exceeds the maximum rate of imposition that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid, the division shall lower the rate of imposition of the provider fee to a rate that is equal to the maximum rate that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid. Amended by Act 2019, No. 1035,§ 45, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 44, eff. 7/24/2019. Acts 2011, No. 275, § 1.

(a) (1) There is imposed a provider fee on services provided through, or identical to those provided under, the Community and Employment Support Waiver Program to be calculated in accordance with this section. (2) The provider fee shall be an amount calculated by the Division of Medical Services to produce a provider fee payment equal to six percent (6%) of the gross receipts received by each provider.

(1) There is imposed a provider fee on services provided through, or identical to those provided under, the Community and Employment Support Waiver Program to be calculated in accordance with this section.

(2) The provider fee shall be an amount calculated by the Division of Medical Services to produce a provider fee payment equal to six percent (6%) of the gross receipts received by each provider.

(b) (1) (A) The provider fee shall be payable in monthly payments. (B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month. (2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee as an allowable cost for Medicaid reimbursement purposes.

(1) (A) The provider fee shall be payable in monthly payments. (B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.

(A) The provider fee shall be payable in monthly payments.

(B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.

(2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee as an allowable cost for Medicaid reimbursement purposes.

(c) A provider of services under the Community and Employment Support Waiver Program shall not be guaranteed, expressly or otherwise, that any additional moneys paid to the provider for services under the Community and Employment Support Waiver Program will equal or exceed the amount of its provider fee.

(d) (1) The division shall ensure that the rate of imposition of the provider fee established in this section equals, but does not exceed, the maximum rate of imposition established under federal law and rule for healthcare-related provider fees without reduction in federal financial participation in Medicaid. (2) If the division determines that the rate of imposition of the provider fee established in this section exceeds the maximum rate of imposition that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid, the division shall lower the rate of imposition of the provider fee to a rate that is equal to the maximum rate that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid.

(1) The division shall ensure that the rate of imposition of the provider fee established in this section equals, but does not exceed, the maximum rate of imposition established under federal law and rule for healthcare-related provider fees without reduction in federal financial participation in Medicaid.

(2) If the division determines that the rate of imposition of the provider fee established in this section exceeds the maximum rate of imposition that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid, the division shall lower the rate of imposition of the provider fee to a rate that is equal to the maximum rate that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid.

Amended by Act 2019, No. 1035,§ 45, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 44, eff. 7/24/2019.

Acts 2011, No. 275, § 1.
Ark. Code Ann. § 20-64-905 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-905
Renewal
Status: in_force

(a) Each alcohol and drug abuse treatment program licensure shall be renewed annually upon a payment of a fee of seventy-five dollars ($75.00) by January 30 of each year to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (b) If any person or program covered by this subchapter fails to make application for renewal of his, her, or its license within one (1) year after expiration of the license, the license of the person or entity shall be revoked. That person or entity shall not be issued a new license, unless the person or entity makes application therefor and meets all requirements for licensure in effect at the time the application is filed. Amended by Act 2017, No. 913,§ 103, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 34, eff. 8/16/2013. Acts 1995, No. 173, § 8.

(a) Each alcohol and drug abuse treatment program licensure shall be renewed annually upon a payment of a fee of seventy-five dollars ($75.00) by January 30 of each year to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(b) If any person or program covered by this subchapter fails to make application for renewal of his, her, or its license within one (1) year after expiration of the license, the license of the person or entity shall be revoked. That person or entity shall not be issued a new license, unless the person or entity makes application therefor and meets all requirements for licensure in effect at the time the application is filed.

Amended by Act 2017, No. 913,§ 103, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 34, eff. 8/16/2013.

Acts 1995, No. 173, § 8.
Ark. Code Ann. § 20-64-209 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-209
Records to be kept
Status: in_force

(1) Physicians, Dentists, Veterinarians, and Other Authorized Persons. Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with this subdivision (1) if any such person using small quantities of solutions or other preparation of such drugs for local application shall keep a record of the quantity, character, and potency of such solution or other preparations purchased or made up by him or her, and of the dates when purchased or made up, without keeping record of the amount of such solution or other preparation applied by him or her to individual patients. (2) Manufacturers and Wholesalers. Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subdivision (5) of this section. (3) Apothecaries. Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with the provisions of subdivision (5) of this section. (4) Vendors of Exempted Preparations. Every person who purchases for resale, or who sells narcotic drug preparations exempted by § 20-64-208 , shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subdivision (5) of this section. (5) Form and Preservation of Records. The form of records shall be prescribed by the Secretary of the Department of Health. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacturer, and the date of such production or removal from process of manufacturer; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of two (2) years from the date of the transaction recorded. The keeping of a record required by or under the federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft. (6) Records of Purchasers for Resale. Every person who purchases cannabis for resale should keep a record of its date of receipt, name and address of the person for whom received, and the proportion of resin contained in or producible from the plant cannabis sativa L., received or produced. Amended by Act 2019, No. 910,§ 5095, eff. 7/1/2019. Acts 1937, No. 344, § 9; Pope's Dig., § 10134; Acts 1941, No. 324, § 6; 1965, No. 409, § 5; A.S.A. 1947, § 82-1009.

(1) Physicians, Dentists, Veterinarians, and Other Authorized Persons. Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with this subdivision (1) if any such person using small quantities of solutions or other preparation of such drugs for local application shall keep a record of the quantity, character, and potency of such solution or other preparations purchased or made up by him or her, and of the dates when purchased or made up, without keeping record of the amount of such solution or other preparation applied by him or her to individual patients.

(2) Manufacturers and Wholesalers. Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subdivision (5) of this section.

(3) Apothecaries. Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with the provisions of subdivision (5) of this section.

(4) Vendors of Exempted Preparations. Every person who purchases for resale, or who sells narcotic drug preparations exempted by § 20-64-208 , shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subdivision (5) of this section.

(5) Form and Preservation of Records. The form of records shall be prescribed by the Secretary of the Department of Health. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacturer, and the date of such production or removal from process of manufacturer; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of two (2) years from the date of the transaction recorded. The keeping of a record required by or under the federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft.

(6) Records of Purchasers for Resale. Every person who purchases cannabis for resale should keep a record of its date of receipt, name and address of the person for whom received, and the proportion of resin contained in or producible from the plant cannabis sativa L., received or produced.

Amended by Act 2019, No. 910,§ 5095, eff. 7/1/2019.

Acts 1937, No. 344, § 9; Pope's Dig., § 10134; Acts 1941, No. 324, § 6; 1965, No. 409, § 5; A.S.A. 1947, § 82-1009.
Ark. Code Ann. § 20-10-110 — AR Code / Title 20 / Chapter 10 / Subchapter 1 / Section 20-10-110
Protection of residents' personal funds - Definitions
Status: in_force

(a) As used in this section: (1) "Agent" means a person who manages, uses, controls, or otherwise has legal access to a resident's income or resources that legally may be used to pay a resident's share of cost or other charges not paid by the Arkansas Medicaid Program; (2) "Long-term care facility" means a nursing home, residential care facility, post-acute head injury retraining and residential care facility, or any other facility that provides long-term medical or personal care; (3) "Medicaid recipient" means any individual in whose behalf any person claimed or received any payment or payments from the program; and (4) "Resident" means a person: (A) Who resides on a permanent and full-time basis in a long-term care facility; (B) Who is a Medicaid recipient; and (C) Whose facility care is paid, in whole or in part, by Medicaid. (b) (1) No long-term care facility may require a third-party guarantee of payment to the facility as a condition of admission, expedited admission, or continued stay in the facility. (2) However, a long-term care facility may require an agent who has legal access to a resident's income or resources available to pay for facility care to sign a contract without incurring personal financial liability to provide facility payment from the resident's income or resources. (c) An agent who guarantees payment under subdivision (b)(2) of this section shall be personally liable to the facility for payment of a resident's share of cost or other charges incurred by the resident if and to the extent that the agent uses a resident's income or resources for purposes other than the resident's facility care. (d) Unless otherwise exempted by law or contract, a resident or his or her agent shall pay for the resident's share of cost or other charges not paid for by Medicaid. (e) If a resident who has not been a Medicaid recipient becomes a Medicaid recipient, the long-term care facility shall make a reasonable attempt to contact the Arkansas Medicaid Program to determine the resident's share of cost. (f) (1) If a resident or his or her agent disputes the amount of share of cost owed to a long-term care facility, the resident or the agent may apply for a hearing under the rules of the Department of Human Services for a determination of the amount of share of cost owed to the long-term care facility. (2) The hearing shall be limited to only a determination of the amount of share of cost owed to the long-term care facility and shall not result in a determination that names the person or persons responsible for the payment of that share. (g) Any agent who knowingly violates this section is guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500) or by imprisonment not to exceed one hundred eighty (180) days, or both. Acts 2005, No. 1273, § 1.

(a) As used in this section: (1) "Agent" means a person who manages, uses, controls, or otherwise has legal access to a resident's income or resources that legally may be used to pay a resident's share of cost or other charges not paid by the Arkansas Medicaid Program; (2) "Long-term care facility" means a nursing home, residential care facility, post-acute head injury retraining and residential care facility, or any other facility that provides long-term medical or personal care; (3) "Medicaid recipient" means any individual in whose behalf any person claimed or received any payment or payments from the program; and (4) "Resident" means a person: (A) Who resides on a permanent and full-time basis in a long-term care facility; (B) Who is a Medicaid recipient; and (C) Whose facility care is paid, in whole or in part, by Medicaid.

(1) "Agent" means a person who manages, uses, controls, or otherwise has legal access to a resident's income or resources that legally may be used to pay a resident's share of cost or other charges not paid by the Arkansas Medicaid Program;

(2) "Long-term care facility" means a nursing home, residential care facility, post-acute head injury retraining and residential care facility, or any other facility that provides long-term medical or personal care;

(3) "Medicaid recipient" means any individual in whose behalf any person claimed or received any payment or payments from the program; and

(4) "Resident" means a person: (A) Who resides on a permanent and full-time basis in a long-term care facility; (B) Who is a Medicaid recipient; and (C) Whose facility care is paid, in whole or in part, by Medicaid.

(A) Who resides on a permanent and full-time basis in a long-term care facility;

(B) Who is a Medicaid recipient; and

(C) Whose facility care is paid, in whole or in part, by Medicaid.

(b) (1) No long-term care facility may require a third-party guarantee of payment to the facility as a condition of admission, expedited admission, or continued stay in the facility. (2) However, a long-term care facility may require an agent who has legal access to a resident's income or resources available to pay for facility care to sign a contract without incurring personal financial liability to provide facility payment from the resident's income or resources.

(1) No long-term care facility may require a third-party guarantee of payment to the facility as a condition of admission, expedited admission, or continued stay in the facility.

(2) However, a long-term care facility may require an agent who has legal access to a resident's income or resources available to pay for facility care to sign a contract without incurring personal financial liability to provide facility payment from the resident's income or resources.

(c) An agent who guarantees payment under subdivision (b)(2) of this section shall be personally liable to the facility for payment of a resident's share of cost or other charges incurred by the resident if and to the extent that the agent uses a resident's income or resources for purposes other than the resident's facility care.

(d) Unless otherwise exempted by law or contract, a resident or his or her agent shall pay for the resident's share of cost or other charges not paid for by Medicaid.

(e) If a resident who has not been a Medicaid recipient becomes a Medicaid recipient, the long-term care facility shall make a reasonable attempt to contact the Arkansas Medicaid Program to determine the resident's share of cost.

(f) (1) If a resident or his or her agent disputes the amount of share of cost owed to a long-term care facility, the resident or the agent may apply for a hearing under the rules of the Department of Human Services for a determination of the amount of share of cost owed to the long-term care facility. (2) The hearing shall be limited to only a determination of the amount of share of cost owed to the long-term care facility and shall not result in a determination that names the person or persons responsible for the payment of that share.

(1) If a resident or his or her agent disputes the amount of share of cost owed to a long-term care facility, the resident or the agent may apply for a hearing under the rules of the Department of Human Services for a determination of the amount of share of cost owed to the long-term care facility.

(2) The hearing shall be limited to only a determination of the amount of share of cost owed to the long-term care facility and shall not result in a determination that names the person or persons responsible for the payment of that share.

(g) Any agent who knowingly violates this section is guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500) or by imprisonment not to exceed one hundred eighty (180) days, or both.

Acts 2005, No. 1273, § 1.
Ark. Code Ann. § 20-22-906 — AR Code / Title 20 / Chapter 22 / Subchapter 9 / Section 20-22-906
Attorney's fee
Status: in_force

When any volunteer fire department gives notice to the nonmember owner of the property of the costs and expenses of responding to, suppressing, controlling, or attempting to suppress and control the fire and when the invoice is not paid within ninety (90) days, as provided for in this subchapter or under § 23-88-102 , if the volunteer fire department is required to sue for the enforcement of its claim, the court shall allow the volunteer fire department a reasonable attorney's fee in addition to other relief to which it may be entitled. Acts 1997, No. 1150, § 4.

When any volunteer fire department gives notice to the nonmember owner of the property of the costs and expenses of responding to, suppressing, controlling, or attempting to suppress and control the fire and when the invoice is not paid within ninety (90) days, as provided for in this subchapter or under § 23-88-102 , if the volunteer fire department is required to sue for the enforcement of its claim, the court shall allow the volunteer fire department a reasonable attorney's fee in addition to other relief to which it may be entitled.

Acts 1997, No. 1150, § 4.
Ark. Code Ann. § 20-50-105 — AR Code / Title 20 / Chapter 50 / Section 20-50-105
Transfer of persons
Status: in_force

The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the circuit court, if the proposed transferee was committed by such court. Acts 1971, No. 433, ch. 9, § 5; A.S.A. 1947, § 59-805.

The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the circuit court, if the proposed transferee was committed by such court.

Acts 1971, No. 433, ch. 9, § 5; A.S.A. 1947, § 59-805.
Ark. Code Ann. § 20-17-215 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-215
Short title
Status: in_force

This subchapter may be cited as the "Arkansas Rights of the Terminally Ill or Permanently Unconscious Act". Acts 1987, No. 713, § 15.

This subchapter may be cited as the "Arkansas Rights of the Terminally Ill or Permanently Unconscious Act".

Acts 1987, No. 713, § 15.
Ark. Code Ann. § 20-79-212 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-212
Limitation of political activity by officer or employee
Status: in_force

(a) No officer or employee engaged in the administration of the rehabilitation program shall use his or her official authority or influence, or permit the use of the rehabilitation program, for the purpose of interfering with an election or affecting the results thereof or for any partisan political purpose. (b) No officer or employee shall take any active part in the management of political campaigns or participate in any political activity, except that he or she shall retain the right to vote as he or she may please and to express his or her opinions as a citizen on all subjects. (c) No officer or employee shall solicit or receive, nor shall any officer or employee be obligated to contribute or render, any service, assistance, subscription, assessment, or contribution for any political purpose. (d) Any officer or employee violating this provision shall be subject to discharge or suspension. Acts 1955, No. 43, § 17; 1959, No. 34, § 13; A.S.A. 1947, § 80-2556.

(a) No officer or employee engaged in the administration of the rehabilitation program shall use his or her official authority or influence, or permit the use of the rehabilitation program, for the purpose of interfering with an election or affecting the results thereof or for any partisan political purpose.

(b) No officer or employee shall take any active part in the management of political campaigns or participate in any political activity, except that he or she shall retain the right to vote as he or she may please and to express his or her opinions as a citizen on all subjects.

(c) No officer or employee shall solicit or receive, nor shall any officer or employee be obligated to contribute or render, any service, assistance, subscription, assessment, or contribution for any political purpose.

(d) Any officer or employee violating this provision shall be subject to discharge or suspension.

Acts 1955, No. 43, § 17; 1959, No. 34, § 13; A.S.A. 1947, § 80-2556.
Ark. Code Ann. § 20-10-507 — AR Code / Title 20 / Chapter 10 / Subchapter 5 / Section 20-10-507
Training program for home health aide providers
Status: in_force

The state agencies shall develop a plan for training home health aide providers. Acts 1981, No. 380, § 7; A.S.A. 1947, § 82-2232.

The state agencies shall develop a plan for training home health aide providers.

Acts 1981, No. 380, § 7; A.S.A. 1947, § 82-2232.
Ark. Code Ann. § 20-16-1507 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1507
Civil remedies and professional sanctions
Status: in_force

(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for: (1) A civil malpractice action for actual and punitive damages; (2) A professional disciplinary action under § 16-114-201 et seq.; and (3) Recovery for the woman's survivors for the wrongful death of the woman under § 16-62-102 . (b) A civil liability may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed. (c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was performed. (d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. (e) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff. (f) Upon a finding of the Arkansas State Medical Board that a physician failed to comply with the requirements of this subchapter, the board shall revoke the physician's medical license. Amended by Act 2023, No. 702,§ 1, eff. 8/1/2023. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for: (1) A civil malpractice action for actual and punitive damages; (2) A professional disciplinary action under § 16-114-201 et seq.; and (3) Recovery for the woman's survivors for the wrongful death of the woman under § 16-62-102 .

(1) A civil malpractice action for actual and punitive damages;

(2) A professional disciplinary action under § 16-114-201 et seq.; and

(3) Recovery for the woman's survivors for the wrongful death of the woman under § 16-62-102 .

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

(c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was performed.

(d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.

(e) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.

(f) Upon a finding of the Arkansas State Medical Board that a physician failed to comply with the requirements of this subchapter, the board shall revoke the physician's medical license.

Amended by Act 2023, No. 702,§ 1, eff. 8/1/2023.

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-77-2504 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2504
Medicaid Inspector General - Appointment - Qualifications
Status: in_force

(a) (1) The Medicaid Inspector General shall be appointed by the Governor, with the advice and consent of the Senate. (2) The inspector general shall serve at the pleasure of the Governor. (b) The inspector general shall report to the Secretary of the Department of Inspector General. (c) The inspector general shall be the Director of the Office of Medicaid Inspector General. (d) The inspector general shall have not less than ten (10) years of professional experience in one (1) or more of the following areas of expertise: (1) Prosecution for fraud; (2) Fraud investigation; (3) Auditing; or (4) Comparable alternate experience in health care, if the healthcare experience involves some consideration of fraud. Amended by Act 2019, No. 910,§ 5261, eff. 7/1/2019. Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.

(a) (1) The Medicaid Inspector General shall be appointed by the Governor, with the advice and consent of the Senate. (2) The inspector general shall serve at the pleasure of the Governor.

(1) The Medicaid Inspector General shall be appointed by the Governor, with the advice and consent of the Senate.

(2) The inspector general shall serve at the pleasure of the Governor.

(b) The inspector general shall report to the Secretary of the Department of Inspector General.

(c) The inspector general shall be the Director of the Office of Medicaid Inspector General.

(d) The inspector general shall have not less than ten (10) years of professional experience in one (1) or more of the following areas of expertise: (1) Prosecution for fraud; (2) Fraud investigation; (3) Auditing; or (4) Comparable alternate experience in health care, if the healthcare experience involves some consideration of fraud.

(1) Prosecution for fraud;

(2) Fraud investigation;

(3) Auditing; or

(4) Comparable alternate experience in health care, if the healthcare experience involves some consideration of fraud.

Amended by Act 2019, No. 910,§ 5261, eff. 7/1/2019.

Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 20-6-103 — AR Code / Title 20 / Chapter 6 / Subchapter 1 / Section 20-6-103
Oral or written individual instructions - Advance directive for health care - When effective - Decisions based on best interest assessment - Out-of-state directives - Construction
Status: in_force

(a) (1) (A) An adult, married minor, or emancipated minor may make healthcare decisions for himself or herself and give an individual instruction. (B) A person who is authorized to consent on behalf of a principal may make healthcare decisions for the principal and may give an individual instruction. (2) The instruction may be oral or written. (3) The instruction may be limited to take effect only if a specified condition arises. (b) (1) An adult, married minor, or emancipated minor may execute a durable power of attorney for health care that authorizes an agent to make a healthcare decision that the principal could make if he or she had capacity. (2) A durable power of attorney for health care shall be in writing and signed by the principal. (3) A durable power of attorney for health care remains in effect notwithstanding the principal's latest incapacity and may include a living will or other individual instructions. (c) (1) An advance directive, including without limitation a living will or durable power of attorney for health care, shall be either notarized or witnessed by two (2) witnesses. (2) For the purposes of this subsection, a witness shall be a competent adult who is not the agent, and at least one (1) of the witnesses is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the advance directive or by operation of law. (3) A written advance directive, including without limitation a living will or durable power of attorney for health care, that is witnessed shall contain an attestation clause that attests that the witnesses comply with this subsection. (4) A written advance directive may include the principal's nomination of a guardian of the principal. (d) Unless otherwise specified in an advance directive, the authority of an agent becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has recovered capacity. (e) (1) If necessary, a licensed physician shall determine whether a principal lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent. (2) In making a determination under subdivision (e)(1) of this section, a licensed physician may consult with other persons as he or she deems appropriate. (f) (1) An agent shall make a healthcare decision in accordance with the principal's individual instructions and other wishes to the extent known to the agent. (2) (A) In the absence of individual instructions or other information, the agent shall make the decision in accordance with the agent's determination of the principal's best interest. (B) In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent. (g) A healthcare decision made by an agent for a principal is effective without judicial approval. (h) An advance directive that is executed outside of this state shall be given effect in this state if, at the time of execution, the advance directive complies with either this subchapter or the laws of the state in which the advance directive was executed. (i) A healthcare provider, healthcare institution, healthcare service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not require the execution or revocation of an advance directive as a condition of the principal's being insured for or receiving health care. Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.

(a) (1) (A) An adult, married minor, or emancipated minor may make healthcare decisions for himself or herself and give an individual instruction. (B) A person who is authorized to consent on behalf of a principal may make healthcare decisions for the principal and may give an individual instruction. (2) The instruction may be oral or written. (3) The instruction may be limited to take effect only if a specified condition arises.

(1) (A) An adult, married minor, or emancipated minor may make healthcare decisions for himself or herself and give an individual instruction. (B) A person who is authorized to consent on behalf of a principal may make healthcare decisions for the principal and may give an individual instruction.

(A) An adult, married minor, or emancipated minor may make healthcare decisions for himself or herself and give an individual instruction.

(B) A person who is authorized to consent on behalf of a principal may make healthcare decisions for the principal and may give an individual instruction.

(2) The instruction may be oral or written.

(3) The instruction may be limited to take effect only if a specified condition arises.

(b) (1) An adult, married minor, or emancipated minor may execute a durable power of attorney for health care that authorizes an agent to make a healthcare decision that the principal could make if he or she had capacity. (2) A durable power of attorney for health care shall be in writing and signed by the principal. (3) A durable power of attorney for health care remains in effect notwithstanding the principal's latest incapacity and may include a living will or other individual instructions.

(1) An adult, married minor, or emancipated minor may execute a durable power of attorney for health care that authorizes an agent to make a healthcare decision that the principal could make if he or she had capacity.

(2) A durable power of attorney for health care shall be in writing and signed by the principal.

(3) A durable power of attorney for health care remains in effect notwithstanding the principal's latest incapacity and may include a living will or other individual instructions.

(c) (1) An advance directive, including without limitation a living will or durable power of attorney for health care, shall be either notarized or witnessed by two (2) witnesses. (2) For the purposes of this subsection, a witness shall be a competent adult who is not the agent, and at least one (1) of the witnesses is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the advance directive or by operation of law. (3) A written advance directive, including without limitation a living will or durable power of attorney for health care, that is witnessed shall contain an attestation clause that attests that the witnesses comply with this subsection. (4) A written advance directive may include the principal's nomination of a guardian of the principal.

(1) An advance directive, including without limitation a living will or durable power of attorney for health care, shall be either notarized or witnessed by two (2) witnesses.

(2) For the purposes of this subsection, a witness shall be a competent adult who is not the agent, and at least one (1) of the witnesses is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the advance directive or by operation of law.

(3) A written advance directive, including without limitation a living will or durable power of attorney for health care, that is witnessed shall contain an attestation clause that attests that the witnesses comply with this subsection.

(4) A written advance directive may include the principal's nomination of a guardian of the principal.

(d) Unless otherwise specified in an advance directive, the authority of an agent becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has recovered capacity.

(e) (1) If necessary, a licensed physician shall determine whether a principal lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent. (2) In making a determination under subdivision (e)(1) of this section, a licensed physician may consult with other persons as he or she deems appropriate.

(1) If necessary, a licensed physician shall determine whether a principal lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent.

(2) In making a determination under subdivision (e)(1) of this section, a licensed physician may consult with other persons as he or she deems appropriate.

(f) (1) An agent shall make a healthcare decision in accordance with the principal's individual instructions and other wishes to the extent known to the agent. (2) (A) In the absence of individual instructions or other information, the agent shall make the decision in accordance with the agent's determination of the principal's best interest. (B) In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.

(1) An agent shall make a healthcare decision in accordance with the principal's individual instructions and other wishes to the extent known to the agent.

(2) (A) In the absence of individual instructions or other information, the agent shall make the decision in accordance with the agent's determination of the principal's best interest. (B) In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.

(A) In the absence of individual instructions or other information, the agent shall make the decision in accordance with the agent's determination of the principal's best interest.

(B) In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.

(g) A healthcare decision made by an agent for a principal is effective without judicial approval.

(h) An advance directive that is executed outside of this state shall be given effect in this state if, at the time of execution, the advance directive complies with either this subchapter or the laws of the state in which the advance directive was executed.

(i) A healthcare provider, healthcare institution, healthcare service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not require the execution or revocation of an advance directive as a condition of the principal's being insured for or receiving health care.

Amended by Act 2017, No. 974,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 1264,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-16-212 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-212
Reports
Status: in_force

The Arkansas Reproductive Health Monitoring System shall periodically prepare reports of its findings for dissemination to appropriate agencies and interested persons. Acts 1985, No. 214, § 14; A.S.A. 1947, § 82-4621.

The Arkansas Reproductive Health Monitoring System shall periodically prepare reports of its findings for dissemination to appropriate agencies and interested persons.

Acts 1985, No. 214, § 14; A.S.A. 1947, § 82-4621.
Ark. Code Ann. § 20-16-1504 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1504
Unlawful distribution of abortion-inducing drug
Status: in_force

(a) Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician following procedures set out in this subchapter. (b) It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service. (c) Before providing an abortion-inducing drug, the physician prescribing, administering, dispensing, or otherwise providing the abortion-inducing drug shall: (1) Examine the pregnant woman in person; (2) Independently verify that an intrauterine pregnancy exists; (3) (A) Determine the woman's blood type. (B) If the pregnant woman is Rh negative, the physician shall be able to and offer to administer RhoGAM at the time of the abortion; and (4) Document in the pregnant woman's medical chart or record the gestational age and intrauterine location of the pregnancy and whether the pregnant woman received treatment for Rh negativity. (d) A physician prescribing, administering, dispensing, or otherwise providing an abortion-inducing drug shall be credentialed and competent to handle abortion complication management, including emergency transfer, or have a signed agreement with an associated physician who is credentialed to handle abortion complications. (e) When a signed agreement exists between an associated physician, every pregnant woman to whom a physician prescribes, administers, dispenses, or otherwise provides an abortion-inducing drug shall be given the name and telephone number of the associated physician. (f) The physician prescribing, administering, dispensing, or otherwise providing an abortion-inducing drug or an agent of the physician shall schedule a follow-up visit for the woman at approximately seven (7) to fourteen (14) days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. (g) The physician or an agent of the physician shall make all reasonable efforts to ensure that the woman returns for the scheduled follow-up appointment. (h) A brief description of all efforts made to comply with subsections (f) and (g) of this section, including the date, time, and identification by name of the person making such efforts, shall be included in the woman's medical chart or record. Amended by Act 2021, No. 562,§ 1, eff. 7/28/2021. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician following procedures set out in this subchapter.

(b) It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service.

(c) Before providing an abortion-inducing drug, the physician prescribing, administering, dispensing, or otherwise providing the abortion-inducing drug shall: (1) Examine the pregnant woman in person; (2) Independently verify that an intrauterine pregnancy exists; (3) (A) Determine the woman's blood type. (B) If the pregnant woman is Rh negative, the physician shall be able to and offer to administer RhoGAM at the time of the abortion; and (4) Document in the pregnant woman's medical chart or record the gestational age and intrauterine location of the pregnancy and whether the pregnant woman received treatment for Rh negativity.

(1) Examine the pregnant woman in person;

(2) Independently verify that an intrauterine pregnancy exists;

(3) (A) Determine the woman's blood type. (B) If the pregnant woman is Rh negative, the physician shall be able to and offer to administer RhoGAM at the time of the abortion; and

(A) Determine the woman's blood type.

(B) If the pregnant woman is Rh negative, the physician shall be able to and offer to administer RhoGAM at the time of the abortion; and

(4) Document in the pregnant woman's medical chart or record the gestational age and intrauterine location of the pregnancy and whether the pregnant woman received treatment for Rh negativity.

(d) A physician prescribing, administering, dispensing, or otherwise providing an abortion-inducing drug shall be credentialed and competent to handle abortion complication management, including emergency transfer, or have a signed agreement with an associated physician who is credentialed to handle abortion complications.

(e) When a signed agreement exists between an associated physician, every pregnant woman to whom a physician prescribes, administers, dispenses, or otherwise provides an abortion-inducing drug shall be given the name and telephone number of the associated physician.

(f) The physician prescribing, administering, dispensing, or otherwise providing an abortion-inducing drug or an agent of the physician shall schedule a follow-up visit for the woman at approximately seven (7) to fourteen (14) days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding.

(g) The physician or an agent of the physician shall make all reasonable efforts to ensure that the woman returns for the scheduled follow-up appointment.

(h) A brief description of all efforts made to comply with subsections (f) and (g) of this section, including the date, time, and identification by name of the person making such efforts, shall be included in the woman's medical chart or record.

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

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-13-805 — AR Code / Title 20 / Chapter 13 / Subchapter 8 / Section 20-13-805
Standards for verification of trauma center status
Status: in_force

(a) The State Board of Health may adopt standards for designation and verification of trauma center status which assign level designations based on resources available within the facility. (b) (1) Standards shall be based upon national guidelines, including those established by the American College of Surgeons entitled "Resources for Optimal Care of the Injured Patient (6th edition)" and published appendices thereto. (2) Standards specific to address the unique nature of Arkansas may be developed and modified by rule of the board. Acts 1993, No. 559, § 5; 2009, No. 393, § 1.

(a) The State Board of Health may adopt standards for designation and verification of trauma center status which assign level designations based on resources available within the facility.

(b) (1) Standards shall be based upon national guidelines, including those established by the American College of Surgeons entitled "Resources for Optimal Care of the Injured Patient (6th edition)" and published appendices thereto. (2) Standards specific to address the unique nature of Arkansas may be developed and modified by rule of the board.

(1) Standards shall be based upon national guidelines, including those established by the American College of Surgeons entitled "Resources for Optimal Care of the Injured Patient (6th edition)" and published appendices thereto.

(2) Standards specific to address the unique nature of Arkansas may be developed and modified by rule of the board.

Acts 1993, No. 559, § 5; 2009, No. 393, § 1.
Ark. Code Ann. § 20-77-1605 — AR Code / Title 20 / Chapter 77 / Subchapter 16 / Section 20-77-1605
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019. Acts 2005, No. 1757, § 1.

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

Acts 2005, No. 1757, § 1.
Ark. Code Ann. § 20-48-410 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-410
Return of individual
Status: in_force

Any officer authorized to serve criminal process shall, upon the written request of the superintendent, return to the human development center or hold in custody an individual who has escaped or who has been temporarily released from the center under a permit to visit. Acts 1955, No. 6, § 10; A.S.A. 1947, § 59-1110.

Any officer authorized to serve criminal process shall, upon the written request of the superintendent, return to the human development center or hold in custody an individual who has escaped or who has been temporarily released from the center under a permit to visit.

Acts 1955, No. 6, § 10; A.S.A. 1947, § 59-1110.
Ark. Code Ann. § 20-16-801 — AR Code / Title 20 / Chapter 16 / Subchapter 8 / Section 20-16-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Parental Involvement Enhancement Act". Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.

This subchapter shall be known and may be cited as the "Parental Involvement Enhancement Act".

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-10-812 — AR Code / Title 20 / Chapter 10 / Subchapter 8 / Section 20-10-812
Fees
Status: in_force

(a) (1) The Division of Health Facilities Services may levy and collect a fee for the issuance of an annual license to a home healthcare services agency or a subunit of a home healthcare services agency. The license fee for a home healthcare services agency shall be an annual fee of one thousand dollars ($1,000), and the fee for a subunit shall be an annual fee of one hundred dollars ($100). (2) The fees collected under this subsection shall be deposited into the Health Facility Services Revolving Fund. (b) Except for those fees set forth in subsection (a) of this section, all fees levied and collected under this subchapter shall be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund. (c) Subject to those rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to this subchapter that pertain to fees collected except for those collected under subsection (a) of this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purposes for any following fiscal year. Amended by Act 2019, No. 315,§ 1887, eff. 7/24/2019. Acts 1987, No. 956, § 7; 1997, No. 574, § 2; 1999, No. 1508, § 9.

(a) (1) The Division of Health Facilities Services may levy and collect a fee for the issuance of an annual license to a home healthcare services agency or a subunit of a home healthcare services agency. The license fee for a home healthcare services agency shall be an annual fee of one thousand dollars ($1,000), and the fee for a subunit shall be an annual fee of one hundred dollars ($100). (2) The fees collected under this subsection shall be deposited into the Health Facility Services Revolving Fund.

(1) The Division of Health Facilities Services may levy and collect a fee for the issuance of an annual license to a home healthcare services agency or a subunit of a home healthcare services agency. The license fee for a home healthcare services agency shall be an annual fee of one thousand dollars ($1,000), and the fee for a subunit shall be an annual fee of one hundred dollars ($100).

(2) The fees collected under this subsection shall be deposited into the Health Facility Services Revolving Fund.

(b) Except for those fees set forth in subsection (a) of this section, all fees levied and collected under this subchapter shall be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund.

(c) Subject to those rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to this subchapter that pertain to fees collected except for those collected under subsection (a) of this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purposes for any following fiscal year.

Amended by Act 2019, No. 315,§ 1887, eff. 7/24/2019.

Acts 1987, No. 956, § 7; 1997, No. 574, § 2; 1999, No. 1508, § 9.
Ark. Code Ann. § 20-22-505 — AR Code / Title 20 / Chapter 22 / Subchapter 5 / Section 20-22-505
Fire escapes
Status: in_force

Every hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall be constructed or equipped with fire escape stairways or ladders in conformity with the Arkansas Fire Prevention Code. Acts 1971, No. 239, § 2; A.S.A. 1947, § 82-826.

Every hotel, motel, apartment building, or other similar multiple-occupancy facility having more than three (3) floors above ground level shall be constructed or equipped with fire escape stairways or ladders in conformity with the Arkansas Fire Prevention Code.

Acts 1971, No. 239, § 2; A.S.A. 1947, § 82-826.
Ark. Code Ann. § 20-10-1203 — AR Code / Title 20 / Chapter 10 / Subchapter 12 / Section 20-10-1203
Administration and management of long-term care facilities
Status: in_force

Every licensed facility shall comply with all applicable standards and rules of the Office of Long-Term Care and shall: (1) Be under the administrative direction and charge of a licensed administrator; (2) Have available the regular, consultative, and emergency services of physicians licensed by the state and required by state and federal rules and regulations; (3) Provide for the access of the facility residents to dental and other health-related services, recreational services, rehabilitative services, and social work services appropriate to their needs and conditions and not directly furnished by the licensee; (4) (A) If the facility was not cited for any deficiencies in the past twelve (12) months, be encouraged by the office to provide services, including, but not limited to, respite and adult day services, which enable individuals to move in and out of the facility. A facility is not subject to any additional licensure requirements for providing these services. (B) (i) Respite care may be offered to persons in need of short-term care services or temporary long-term care services. (ii) Respite care shall be provided in accordance with this subchapter and rules adopted by the office. However, the office, by rule, shall adopt modified requirements for resident assessment, residential care plans, resident contracts, physician orders, and other provisions, as appropriate, for short-term care services or temporary long-term care services. The office shall allow for shared programming and staff in a facility which meets minimum standards and offers services pursuant to this subdivision (4)(B)(ii), but, if the facility is cited for deficiencies in quality of care, categories, or tags, may require additional staff and programs appropriate to the needs of service recipients. (C) (i) A person who receives respite care may not be counted as a resident of the facility for purposes of the facility's licensed capacity unless that person receives twenty-four-hour respite care. (ii) A person receiving either respite care for twenty-four (24) hours or longer or adult day services shall be included when calculating minimum staffing for the facility. (D) Any costs and revenues generated by a facility from nonresidential programs or services shall be excluded from the calculations of Medicaid per diems for long-term care institutional care reimbursement; (5) If the facility was not cited for any deficiencies in the last twelve (12) months, exceeds minimum staffing standards, and is part of a retirement community that offers other services pursuant to Part III, Part IV, or Part V, be allowed to share programming and staff; (6) Maintain the facility premises and equipment and conduct its operations in a safe and sanitary manner; (7) (A) If the licensee furnishes food service, provide a wholesome and nourishing diet sufficient to meet generally accepted standards of proper nutrition for its residents and provide such therapeutic diets as may be prescribed by attending physicians. (B) In making rules to implement this subdivision (7), the office shall be guided by standards recommended by nationally recognized professional groups and associations with knowledge of dietetics; (8) (A) Keep full records of resident admissions and discharges, medical and general health status, including medical records, personal and social history, and identity and address of next of kin or other persons who may have responsibility for the affairs of the residents, and individual residential care plans, including, but not limited to, prescribed services, service frequency and duration, and service goals. (B) The records shall be open to inspection by the office; (9) Keep such fiscal records of its operations and conditions as may be necessary to provide information pursuant to this subchapter; and (10) (A) Furnish copies of personnel records for employees affiliated with such a facility to any other facility licensed by this state requesting this information pursuant to this subchapter. The information contained in the records may include, but is not limited to, disciplinary matters and any reason for termination. (B) Any facility releasing such records pursuant to this subchapter shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the facility maliciously falsified such records. Amended by Act 2019, No. 315,§ 1898, eff. 7/24/2019. Acts 1999, No. 1181, § 6.

Every licensed facility shall comply with all applicable standards and rules of the Office of Long-Term Care and shall:

(1) Be under the administrative direction and charge of a licensed administrator;

(2) Have available the regular, consultative, and emergency services of physicians licensed by the state and required by state and federal rules and regulations;

(3) Provide for the access of the facility residents to dental and other health-related services, recreational services, rehabilitative services, and social work services appropriate to their needs and conditions and not directly furnished by the licensee;

(4) (A) If the facility was not cited for any deficiencies in the past twelve (12) months, be encouraged by the office to provide services, including, but not limited to, respite and adult day services, which enable individuals to move in and out of the facility. A facility is not subject to any additional licensure requirements for providing these services. (B) (i) Respite care may be offered to persons in need of short-term care services or temporary long-term care services. (ii) Respite care shall be provided in accordance with this subchapter and rules adopted by the office. However, the office, by rule, shall adopt modified requirements for resident assessment, residential care plans, resident contracts, physician orders, and other provisions, as appropriate, for short-term care services or temporary long-term care services. The office shall allow for shared programming and staff in a facility which meets minimum standards and offers services pursuant to this subdivision (4)(B)(ii), but, if the facility is cited for deficiencies in quality of care, categories, or tags, may require additional staff and programs appropriate to the needs of service recipients. (C) (i) A person who receives respite care may not be counted as a resident of the facility for purposes of the facility's licensed capacity unless that person receives twenty-four-hour respite care. (ii) A person receiving either respite care for twenty-four (24) hours or longer or adult day services shall be included when calculating minimum staffing for the facility. (D) Any costs and revenues generated by a facility from nonresidential programs or services shall be excluded from the calculations of Medicaid per diems for long-term care institutional care reimbursement;

(A) If the facility was not cited for any deficiencies in the past twelve (12) months, be encouraged by the office to provide services, including, but not limited to, respite and adult day services, which enable individuals to move in and out of the facility. A facility is not subject to any additional licensure requirements for providing these services.

(B) (i) Respite care may be offered to persons in need of short-term care services or temporary long-term care services. (ii) Respite care shall be provided in accordance with this subchapter and rules adopted by the office. However, the office, by rule, shall adopt modified requirements for resident assessment, residential care plans, resident contracts, physician orders, and other provisions, as appropriate, for short-term care services or temporary long-term care services. The office shall allow for shared programming and staff in a facility which meets minimum standards and offers services pursuant to this subdivision (4)(B)(ii), but, if the facility is cited for deficiencies in quality of care, categories, or tags, may require additional staff and programs appropriate to the needs of service recipients.

(i) Respite care may be offered to persons in need of short-term care services or temporary long-term care services.

(ii) Respite care shall be provided in accordance with this subchapter and rules adopted by the office. However, the office, by rule, shall adopt modified requirements for resident assessment, residential care plans, resident contracts, physician orders, and other provisions, as appropriate, for short-term care services or temporary long-term care services. The office shall allow for shared programming and staff in a facility which meets minimum standards and offers services pursuant to this subdivision (4)(B)(ii), but, if the facility is cited for deficiencies in quality of care, categories, or tags, may require additional staff and programs appropriate to the needs of service recipients.

(C) (i) A person who receives respite care may not be counted as a resident of the facility for purposes of the facility's licensed capacity unless that person receives twenty-four-hour respite care. (ii) A person receiving either respite care for twenty-four (24) hours or longer or adult day services shall be included when calculating minimum staffing for the facility.

(i) A person who receives respite care may not be counted as a resident of the facility for purposes of the facility's licensed capacity unless that person receives twenty-four-hour respite care.

(ii) A person receiving either respite care for twenty-four (24) hours or longer or adult day services shall be included when calculating minimum staffing for the facility.

(D) Any costs and revenues generated by a facility from nonresidential programs or services shall be excluded from the calculations of Medicaid per diems for long-term care institutional care reimbursement;

(5) If the facility was not cited for any deficiencies in the last twelve (12) months, exceeds minimum staffing standards, and is part of a retirement community that offers other services pursuant to Part III, Part IV, or Part V, be allowed to share programming and staff;

(6) Maintain the facility premises and equipment and conduct its operations in a safe and sanitary manner;

(7) (A) If the licensee furnishes food service, provide a wholesome and nourishing diet sufficient to meet generally accepted standards of proper nutrition for its residents and provide such therapeutic diets as may be prescribed by attending physicians. (B) In making rules to implement this subdivision (7), the office shall be guided by standards recommended by nationally recognized professional groups and associations with knowledge of dietetics;

(A) If the licensee furnishes food service, provide a wholesome and nourishing diet sufficient to meet generally accepted standards of proper nutrition for its residents and provide such therapeutic diets as may be prescribed by attending physicians.

(B) In making rules to implement this subdivision (7), the office shall be guided by standards recommended by nationally recognized professional groups and associations with knowledge of dietetics;

(8) (A) Keep full records of resident admissions and discharges, medical and general health status, including medical records, personal and social history, and identity and address of next of kin or other persons who may have responsibility for the affairs of the residents, and individual residential care plans, including, but not limited to, prescribed services, service frequency and duration, and service goals. (B) The records shall be open to inspection by the office;

(A) Keep full records of resident admissions and discharges, medical and general health status, including medical records, personal and social history, and identity and address of next of kin or other persons who may have responsibility for the affairs of the residents, and individual residential care plans, including, but not limited to, prescribed services, service frequency and duration, and service goals.

(B) The records shall be open to inspection by the office;

(9) Keep such fiscal records of its operations and conditions as may be necessary to provide information pursuant to this subchapter; and

(10) (A) Furnish copies of personnel records for employees affiliated with such a facility to any other facility licensed by this state requesting this information pursuant to this subchapter. The information contained in the records may include, but is not limited to, disciplinary matters and any reason for termination. (B) Any facility releasing such records pursuant to this subchapter shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the facility maliciously falsified such records.

(A) Furnish copies of personnel records for employees affiliated with such a facility to any other facility licensed by this state requesting this information pursuant to this subchapter. The information contained in the records may include, but is not limited to, disciplinary matters and any reason for termination.

(B) Any facility releasing such records pursuant to this subchapter shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the facility maliciously falsified such records.

Amended by Act 2019, No. 315,§ 1898, eff. 7/24/2019.

Acts 1999, No. 1181, § 6.
Ark. Code Ann. § 20-78-215 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-215
Child sexual abuse - Federal funds - Legislative intent
Status: in_force

(a) (1) By the enactment of this section, it is the specific intent of the General Assembly to ensure that the State of Arkansas may qualify for the maximum amount of federal funds made available through Pub. L. No. 98-473 or any subsequent and related federal legislation enacted for use in reducing the incidence of child sexual abuse. (2) Specifically, rules promulgated by the Secretary of the Department of Human Services pursuant to this section may address federally mandated requirements for employment history and background checks and nationwide criminal record checks, as may be necessary in accordance with the provisions of Pub. L. No. 92-544, for all operators, staff, or employees, or prospective operators, staff, or employees of the childcare facilities or programs as defined in this section. (b) In order to enable the State of Arkansas to fully participate and share in federal funds made available to the states through the Social Services Block Grant Act, or otherwise for the purposes of reducing and eliminating the incidence of child sexual abuse in childcare facilities, as defined in § 20-78-202(2) , the secretary is authorized at his or her discretion to promulgate, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules implementing such federal requirements as may be placed upon the states to qualify for the funds. (c) Persons, other than the State of Arkansas, shall not acquire actionable right by virtue of this section. Amended by Act 2019, No. 315,§ 2289, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2288, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5239, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5238, eff. 7/1/2019. Acts 1985, No. 1050, §§ 1-3; A.S.A. 1947, §§ 83-927 -- 83-929; Acts 1997, No. 1132, § 14.

(a) (1) By the enactment of this section, it is the specific intent of the General Assembly to ensure that the State of Arkansas may qualify for the maximum amount of federal funds made available through Pub. L. No. 98-473 or any subsequent and related federal legislation enacted for use in reducing the incidence of child sexual abuse. (2) Specifically, rules promulgated by the Secretary of the Department of Human Services pursuant to this section may address federally mandated requirements for employment history and background checks and nationwide criminal record checks, as may be necessary in accordance with the provisions of Pub. L. No. 92-544, for all operators, staff, or employees, or prospective operators, staff, or employees of the childcare facilities or programs as defined in this section.

(1) By the enactment of this section, it is the specific intent of the General Assembly to ensure that the State of Arkansas may qualify for the maximum amount of federal funds made available through Pub. L. No. 98-473 or any subsequent and related federal legislation enacted for use in reducing the incidence of child sexual abuse.

(2) Specifically, rules promulgated by the Secretary of the Department of Human Services pursuant to this section may address federally mandated requirements for employment history and background checks and nationwide criminal record checks, as may be necessary in accordance with the provisions of Pub. L. No. 92-544, for all operators, staff, or employees, or prospective operators, staff, or employees of the childcare facilities or programs as defined in this section.

(b) In order to enable the State of Arkansas to fully participate and share in federal funds made available to the states through the Social Services Block Grant Act, or otherwise for the purposes of reducing and eliminating the incidence of child sexual abuse in childcare facilities, as defined in § 20-78-202(2) , the secretary is authorized at his or her discretion to promulgate, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules implementing such federal requirements as may be placed upon the states to qualify for the funds.

(c) Persons, other than the State of Arkansas, shall not acquire actionable right by virtue of this section.

Amended by Act 2019, No. 315,§ 2289, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2288, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5239, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5238, eff. 7/1/2019.

Acts 1985, No. 1050, §§ 1-3; A.S.A. 1947, §§ 83-927 -- 83-929; Acts 1997, No. 1132, § 14.
Ark. Code Ann. § 20-16-1404 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1404
Determination of post-fertilization age
Status: in_force

(a) (1) Except in the case of a medical emergency, an abortion shall not be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician. (2) In making such a determination under subdivision (a)(1) of this section, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to accurately diagnose the probable post-fertilization age of the unborn child. (b) Any physician who purposely, knowingly, or recklessly fails to conform to any requirement of this section engages in unprofessional conduct under § 17-95-409(a)(2)(D) . Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

(a) (1) Except in the case of a medical emergency, an abortion shall not be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician. (2) In making such a determination under subdivision (a)(1) of this section, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to accurately diagnose the probable post-fertilization age of the unborn child.

(1) Except in the case of a medical emergency, an abortion shall not be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician.

(2) In making such a determination under subdivision (a)(1) of this section, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to accurately diagnose the probable post-fertilization age of the unborn child.

(b) Any physician who purposely, knowingly, or recklessly fails to conform to any requirement of this section engages in unprofessional conduct under § 17-95-409(a)(2)(D) .

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-16-1201 — AR Code / Title 20 / Chapter 16 / Subchapter 12 / Section 20-16-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Partial-Birth Abortion Ban Act". Acts 2009, No. 196, § 1.

This subchapter shall be known and may be cited as the "Partial-Birth Abortion Ban Act".

Acts 2009, No. 196, § 1.
Ark. Code Ann. § 20-48-405 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-405
Petition for admission
Status: in_force

(a) A parent or guardian of an individual with intellectual and developmental disabilities may file with the Board of Developmental Disabilities Services a verified petition requesting that the individual be admitted to the human development center. (b) The petition shall include: (1) The relation of the individual to the petitioner; (2) The name, age, sex, and residence of the individual; (3) A statement of the mental and physical condition of the individual; (4) Whether the individual has any property or means of support; (5) The name of the person having custody of the individual; (6) The place where and length of time the individual has resided in the state; and (7) A statement as to whether the petitioner desires that the individual be admitted voluntarily or by commitment. (c) In the event the estate of the individual or his or her parents, relative, or guardian is unable to pay for the maintenance, training, and education, the petition shall state this fact. Amended by Act 2019, No. 1035,§ 28, eff. 7/24/2019. Acts 1955, No. 6, § 4; 1957, No. 349, § 1; A.S.A. 1947, § 59-1104.

(a) A parent or guardian of an individual with intellectual and developmental disabilities may file with the Board of Developmental Disabilities Services a verified petition requesting that the individual be admitted to the human development center.

(b) The petition shall include: (1) The relation of the individual to the petitioner; (2) The name, age, sex, and residence of the individual; (3) A statement of the mental and physical condition of the individual; (4) Whether the individual has any property or means of support; (5) The name of the person having custody of the individual; (6) The place where and length of time the individual has resided in the state; and (7) A statement as to whether the petitioner desires that the individual be admitted voluntarily or by commitment.

(1) The relation of the individual to the petitioner;

(2) The name, age, sex, and residence of the individual;

(3) A statement of the mental and physical condition of the individual;

(4) Whether the individual has any property or means of support;

(5) The name of the person having custody of the individual;

(6) The place where and length of time the individual has resided in the state; and

(7) A statement as to whether the petitioner desires that the individual be admitted voluntarily or by commitment.

(c) In the event the estate of the individual or his or her parents, relative, or guardian is unable to pay for the maintenance, training, and education, the petition shall state this fact.

Amended by Act 2019, No. 1035,§ 28, eff. 7/24/2019.

Acts 1955, No. 6, § 4; 1957, No. 349, § 1; A.S.A. 1947, § 59-1104.
Ark. Code Ann. § 20-6-402 — AR Code / Title 20 / Chapter 6 / Subchapter 4 / Section 20-6-402
Legislative findings
Status: in_force

The General Assembly finds that: (1) The coronavirus 2019 (COVID-19) pandemic has caused great uncertainty and anxiety across the state and has significantly affected the medical community, including hospitals; (2) Healthcare facilities have made many efforts to maintain a safe environment for patients and employees and have worked to minimize, to the extent possible, the risk of spread of coronavirus 2019 (COVID-19); (3) There have been unintended consequences of these preventative measures for patients who have not been diagnosed with coronavirus 2019 (COVID-19); (4) Across the state, patients who have not been diagnosed with coronavirus 2019 (COVID-19) have been prohibited from having any visitors; (5) As a result, many patients who were not diagnosed with coronavirus 2019 (COVID-19) have been required to be alone during their treatment for serious conditions, traumas, illnesses, and routine and emergency surgeries; (6) Some of these patients have been required to be alone for the entire course of their treatment and in some cases have died alone; (7) Many families have been unable to be physically present with their loved ones who are being treated in a healthcare facility and have been limited to electronic video communications, if any, with their loved ones; and (8) It is in the interest of the state and its citizens that a patient be allowed at least one (1) support person who is permitted to be physically present with the patient on a daily basis at reasonable times throughout his or her hospitalization, visit to the office of a healthcare professional, or institutionalization. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.

The General Assembly finds that:

(1) The coronavirus 2019 (COVID-19) pandemic has caused great uncertainty and anxiety across the state and has significantly affected the medical community, including hospitals;

(2) Healthcare facilities have made many efforts to maintain a safe environment for patients and employees and have worked to minimize, to the extent possible, the risk of spread of coronavirus 2019 (COVID-19);

(3) There have been unintended consequences of these preventative measures for patients who have not been diagnosed with coronavirus 2019 (COVID-19);

(4) Across the state, patients who have not been diagnosed with coronavirus 2019 (COVID-19) have been prohibited from having any visitors;

(5) As a result, many patients who were not diagnosed with coronavirus 2019 (COVID-19) have been required to be alone during their treatment for serious conditions, traumas, illnesses, and routine and emergency surgeries;

(6) Some of these patients have been required to be alone for the entire course of their treatment and in some cases have died alone;

(7) Many families have been unable to be physically present with their loved ones who are being treated in a healthcare facility and have been limited to electronic video communications, if any, with their loved ones; and

(8) It is in the interest of the state and its citizens that a patient be allowed at least one (1) support person who is permitted to be physically present with the patient on a daily basis at reasonable times throughout his or her hospitalization, visit to the office of a healthcare professional, or institutionalization.

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.
Ark. Code Ann. § 20-15-2305 — AR Code / Title 20 / Chapter 15 / Subchapter 23 / Section 20-15-2305
Disclosure
Status: in_force

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on maternal deaths for review by the Maternal Mortality Review Committee is not a violation of the Health Insurance Portability and Accountability Act of 1996. Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.

Disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on maternal deaths for review by the Maternal Mortality Review Committee is not a violation of the Health Insurance Portability and Accountability Act of 1996.

Added by Act 2019, No. 829,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 20-9-203 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-203
Injunction
Status: in_force

The State Board of Health may sue in the name of the state any person, partnership, association, or corporation in order to enjoin the establishing, conducting, managing, or operating of any institution within the meaning of this subchapter without the person's first having secured a license therefor. Acts 1961, No. 414, § 26; A.S.A. 1947, § 82-352.

The State Board of Health may sue in the name of the state any person, partnership, association, or corporation in order to enjoin the establishing, conducting, managing, or operating of any institution within the meaning of this subchapter without the person's first having secured a license therefor.

Acts 1961, No. 414, § 26; A.S.A. 1947, § 82-352.
Ark. Code Ann. § 20-17-907 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-907
County abandoned cemetery registration boards
Status: in_force

(a) The county judge shall appoint three (3) members to an abandoned cemetery registration board if: (1) At least ten (10) qualified voters within the county petition the county judge to provide minimum maintenance for a specific abandoned cemetery; and (2) In the case of private property, the property owner agrees in writing that the abandoned cemetery may be accessed for minimum maintenance. (b) Each member shall be a real property owner in the county. (c) (1) The initial board members shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years. (2) The length of the term of each member shall be determined by the county judge when making the appointment. (d) As the terms of the board members expire, the county judge shall appoint successor board members to hold office for a term of three (3) years. (e) The county judge may reappoint a board member whose term is expiring. (f) If a vacancy occurs before a board member's term expires, the county judge shall appoint a new member to complete the term. (g) Members of the board shall serve without pay or other compensation for their services. (h) (1) The board shall select one (1) of the board members as chair. (2) The chair shall serve at the pleasure of the board. Acts 2005, No. 2001, § 2.

(a) The county judge shall appoint three (3) members to an abandoned cemetery registration board if: (1) At least ten (10) qualified voters within the county petition the county judge to provide minimum maintenance for a specific abandoned cemetery; and (2) In the case of private property, the property owner agrees in writing that the abandoned cemetery may be accessed for minimum maintenance.

(1) At least ten (10) qualified voters within the county petition the county judge to provide minimum maintenance for a specific abandoned cemetery; and

(2) In the case of private property, the property owner agrees in writing that the abandoned cemetery may be accessed for minimum maintenance.

(b) Each member shall be a real property owner in the county.

(c) (1) The initial board members shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years. (2) The length of the term of each member shall be determined by the county judge when making the appointment.

(1) The initial board members shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years.

(2) The length of the term of each member shall be determined by the county judge when making the appointment.

(d) As the terms of the board members expire, the county judge shall appoint successor board members to hold office for a term of three (3) years.

(e) The county judge may reappoint a board member whose term is expiring.

(f) If a vacancy occurs before a board member's term expires, the county judge shall appoint a new member to complete the term.

(g) Members of the board shall serve without pay or other compensation for their services.

(h) (1) The board shall select one (1) of the board members as chair. (2) The chair shall serve at the pleasure of the board.

(1) The board shall select one (1) of the board members as chair.

(2) The chair shall serve at the pleasure of the board.

Acts 2005, No. 2001, § 2.
Ark. Code Ann. § 20-22-902 — AR Code / Title 20 / Chapter 22 / Subchapter 9 / Section 20-22-902
Fire on nonmember's property - Reimbursement from insurance proceeds
Status: in_force

When a volunteer fire department responds to a fire occurring or responds to a 911 or other fire emergency call within its district and the property which is the subject of the alarm is owned by a nonmember and insured in case of any damage resulting from a fire, the insurance company insuring the property against loss shall pay to the volunteer fire department the reasonable cost of its services from the insurance proceeds. The insurance company shall obtain a written and signed release from the fire chief of the volunteer fire department before disbursing the remaining proceeds to any other person, financial institution, company, or corporation which has a legal interest in the proceeds. Acts 1987, No. 836, § 2; 1997, No. 1150, § 2.

When a volunteer fire department responds to a fire occurring or responds to a 911 or other fire emergency call within its district and the property which is the subject of the alarm is owned by a nonmember and insured in case of any damage resulting from a fire, the insurance company insuring the property against loss shall pay to the volunteer fire department the reasonable cost of its services from the insurance proceeds. The insurance company shall obtain a written and signed release from the fire chief of the volunteer fire department before disbursing the remaining proceeds to any other person, financial institution, company, or corporation which has a legal interest in the proceeds.

Acts 1987, No. 836, § 2; 1997, No. 1150, § 2.
Ark. Code Ann. § 20-15-205 — AR Code / Title 20 / Chapter 15 / Subchapter 2 / Section 20-15-205
Gifts, grants, and donations
Status: in_force

The Department of Health may receive gifts, grants, and donations for the purposes of this subchapter. Acts 1989, No. 435, § 2.

The Department of Health may receive gifts, grants, and donations for the purposes of this subchapter.

Acts 1989, No. 435, § 2.
Ark. Code Ann. § 20-10-1406 — AR Code / Title 20 / Chapter 10 / Subchapter 14 / Section 20-10-1406
[Repealed]
Status: repealed

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021. Acts 1999, No. 1529, § 6; 2005, No. 1411, § 5; 2007, No. 282, § 1.

Repealed by Act 2021, No. 715,§ 4, eff. 7/28/2021.

Acts 1999, No. 1529, § 6; 2005, No. 1411, § 5; 2007, No. 282, § 1.
Ark. Code Ann. § 20-13-1603 — AR Code / Title 20 / Chapter 13 / Subchapter 16 / Section 20-13-1603
Rules
Status: in_force

(a) The Emergency Medical Services Advisory Council and the State Board of Health shall adopt rules to implement this subchapter. (b) The rules shall consider quality assurance and adequate data collection to evaluate the utilization and effectiveness of the community paramedic licensure program. Amended by Act 2017, No. 264,§ 2, eff. 8/1/2017. Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.

(a) The Emergency Medical Services Advisory Council and the State Board of Health shall adopt rules to implement this subchapter.

(b) The rules shall consider quality assurance and adequate data collection to evaluate the utilization and effectiveness of the community paramedic licensure program.

Amended by Act 2017, No. 264,§ 2, eff. 8/1/2017.

Added by Act 2015, No. 685,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-17-701 — AR Code / Title 20 / Chapter 17 / Subchapter 7 / Section 20-17-701
Definitions - Rights of coroner or courts unaffected
Status: in_force

(a) As used in this subchapter: (1) "Medical school" means a medical school or school of osteopathic medicine in this state that is: (A) Accredited by an accrediting agency recognized by the United States Department of Education; or (B) Approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education; (2) "Next of kin" means a spouse, parent, child, sibling, or person otherwise authorized under § 20-17-702 ; (3) "Unclaimed body" means a human body for which the next of kin: (A) Cannot be located; or (B) Does not exercise his or her right of disposition within the earlier of: (i) Two (2) days of notification of the death of the deceased; or (ii) Five (5) days of the death of the deceased; and (4) "Unclaimed remains" means the cremated remains of an unclaimed body. (b) This subchapter does not affect the right of a coroner to hold the dead body as described under § 20-17-703 for the purpose of investigating the cause of death or affect the right of any court of competent jurisdiction to enter an order affecting the disposition of the body. Amended by Act 2019, No. 954,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017. Acts 1959, No. 22, § 13; A.S.A. 1947, § 82-405.10.

(a) As used in this subchapter: (1) "Medical school" means a medical school or school of osteopathic medicine in this state that is: (A) Accredited by an accrediting agency recognized by the United States Department of Education; or (B) Approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education; (2) "Next of kin" means a spouse, parent, child, sibling, or person otherwise authorized under § 20-17-702 ; (3) "Unclaimed body" means a human body for which the next of kin: (A) Cannot be located; or (B) Does not exercise his or her right of disposition within the earlier of: (i) Two (2) days of notification of the death of the deceased; or (ii) Five (5) days of the death of the deceased; and (4) "Unclaimed remains" means the cremated remains of an unclaimed body.

(1) "Medical school" means a medical school or school of osteopathic medicine in this state that is: (A) Accredited by an accrediting agency recognized by the United States Department of Education; or (B) Approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education;

(A) Accredited by an accrediting agency recognized by the United States Department of Education; or

(B) Approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education;

(2) "Next of kin" means a spouse, parent, child, sibling, or person otherwise authorized under § 20-17-702 ;

(3) "Unclaimed body" means a human body for which the next of kin: (A) Cannot be located; or (B) Does not exercise his or her right of disposition within the earlier of: (i) Two (2) days of notification of the death of the deceased; or (ii) Five (5) days of the death of the deceased; and

(A) Cannot be located; or

(B) Does not exercise his or her right of disposition within the earlier of: (i) Two (2) days of notification of the death of the deceased; or (ii) Five (5) days of the death of the deceased; and

(i) Two (2) days of notification of the death of the deceased; or

(ii) Five (5) days of the death of the deceased; and

(4) "Unclaimed remains" means the cremated remains of an unclaimed body.

(b) This subchapter does not affect the right of a coroner to hold the dead body as described under § 20-17-703 for the purpose of investigating the cause of death or affect the right of any court of competent jurisdiction to enter an order affecting the disposition of the body.

Amended by Act 2019, No. 954,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.

Acts 1959, No. 22, § 13; A.S.A. 1947, § 82-405.10.
Ark. Code Ann. § 20-27-606 — AR Code / Title 20 / Chapter 27 / Subchapter 6 / Section 20-27-606
Search warrant required for inspection - Exception
Status: in_force

(a) For reasonable cause, the Secretary of the Department of Health may obtain from any court of record in the county where a dwelling or other property is located a search warrant permitting the secretary's designee to enter at all reasonable times upon any private or public property, including dwellings or dwelling units. Entry may be made for the purpose of determining whether or not a lead poisoning hazard or potential hazard exists, including the collection of samples of laboratory analyses, and to determine abatement compliance. However, entry onto or into any property under the jurisdiction and control of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative. (b) Entry without a warrant may be made by an agent of the Department of Health if he or she reasonably believes that exigent circumstances exist posing a clear threat to the health of any person. Amended by Act 2019, No. 910,§ 5031, eff. 7/1/2019. Acts 1979, No. 896, § 4; A.S.A. 1947, § 82-740.

(a) For reasonable cause, the Secretary of the Department of Health may obtain from any court of record in the county where a dwelling or other property is located a search warrant permitting the secretary's designee to enter at all reasonable times upon any private or public property, including dwellings or dwelling units. Entry may be made for the purpose of determining whether or not a lead poisoning hazard or potential hazard exists, including the collection of samples of laboratory analyses, and to determine abatement compliance. However, entry onto or into any property under the jurisdiction and control of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative.

(b) Entry without a warrant may be made by an agent of the Department of Health if he or she reasonably believes that exigent circumstances exist posing a clear threat to the health of any person.

Amended by Act 2019, No. 910,§ 5031, eff. 7/1/2019.

Acts 1979, No. 896, § 4; A.S.A. 1947, § 82-740.